[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Rules and Regulations]
[Pages 36342-36343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11690]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0699; FRL-10009-87-Region 5]
Air Plan Approval; Wisconsin; Second Maintenance Plans for 1997
Ozone NAAQS; Door County, Kewaunee County, Manitowoc County and
Milwaukee-Racine Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Wisconsin State Implementation Plan (SIP). On December
13, 2019, the Wisconsin Department of Natural Resources (WDNR)
submitted the State's plans for maintaining the 1997 ozone National
Ambient Air Quality Standard (NAAQS or standard) in the following
areas: Kewaunee County, Door County, Manitowoc County, and Milwaukee-
Racine area (Kenosha, Milwaukee, Ozaukee, Racine, Washington and
Waukesha counties). EPA is approving these maintenance plans because
they provide for the maintenance of the 1997 ozone NAAQS through the
end of the second 10-year maintenance period. This action makes certain
commitments related to maintenance of the 1997 ozone NAAQS in these
areas federally enforceable as part of the Wisconsin SIP. EPA proposed
to approve this action on March 24, 2020 and received no adverse
comments.
DATES: This final rule is effective on July 16, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0699. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or 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 and facility
closures due to COVID 19. We recommend that you telephone Emily
Crispell, Environmental Scientist, at (312) 353-8512 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Emily Crispell, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8512, crispell.emily@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On March 24, 2020, EPA proposed to approve the 1997 ozone NAAQS
maintenance plans for the Door County, Kewaunee County, Manitowoc
County, and Milwaukee-Racine areas (85 FR 16590). An explanation of the
Clean Air Act (CAA) requirements, a detailed analysis of the revisions,
and EPA's reasons for proposing approval were provided in the proposed
rulemaking and will not be restated here. The public comment period for
this proposed rule ended on April 23, 2020. EPA received no comments on
the proposal.
II. Final Action
EPA is approving the Kewaunee County, Door County and Manitowoc
County, and the Milwaukee-Racine area second maintenance plans for the
1997 Ozone NAAQS, submitted by WDNR on December 13, 2019, as a revision
to the Wisconsin SIP. These second maintenance plans are designed to
keep the Kewaunee County area in attainment of the 1997 ozone NAAQS
through 2028, Door County and Manitowoc County in attainment of the
1997 ozone NAAQS though 2030, and the Milwaukee-Racine area in
attainment of the 1997 ozone NAAQS through 2032.
III. 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.
[[Page 36343]]
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 17, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 26, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
Accordingly, 40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2585 is amended by adding paragraph (kk) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(kk) Second maintenance plan. Approval--On December 13, 2019
Wisconsin submitted 1997 Ozone NAAQS second maintenance plans for the
Kewaunee County, Door County, Manitowoc County, and Milwaukee-Racine
areas. These second maintenance plans are designed to keep the Kewaunee
County area in attainment of the 1997 ozone NAAQS through 2028, Door
County and Manitowoc County in attainment of the 1997 ozone NAAQS
though 2030, and the Milwaukee-Racine area in attainment of the 1997
ozone NAAQS through 2032.
[FR Doc. 2020-11690 Filed 6-15-20; 8:45 am]
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