81_FR_8688 81 FR 8654 - Air Plan Approval; Wisconsin; Revision to the Milwaukee-Racine-Waukesha 2006 24-Hour Particulate Matter Maintenance Plan

81 FR 8654 - Air Plan Approval; Wisconsin; Revision to the Milwaukee-Racine-Waukesha 2006 24-Hour Particulate Matter Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 34 (February 22, 2016)

Page Range8654-8656
FR Document2016-03498

The Environmental Protection Agency (EPA) is approving Wisconsin's December 23, 2015, state implementation plan (SIP) revision to the Milwaukee-Racine-Waukesha (Milwaukee), Wisconsin 2006 24-Hour Particulate Matter (PM<INF>2.5</INF>) maintenance plan. This SIP revision establishes new Motor Vehicle Emissions Budgets (MVEB) for Volatile Organic Compounds (VOC) for the years 2020 and 2025. The MVEBs for Oxides of Nitrogen (NO<INF>X</INF>), Sulfur Dioxide (SO<INF>2</INF>), and PM<INF>2.5</INF> will remain the same. EPA is approving the allocation of a portion of the safety margin for VOC in the PM<INF>2.5</INF> maintenance plan to the 2020 and 2025 MVEBs. The 2020 and 2025 total year emissions of VOC for the area will remain below the attainment level required by the transportation conformity regulations.

Federal Register, Volume 81 Issue 34 (Monday, February 22, 2016)
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8654-8656]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03498]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0848; FRL-9942-56-Region 5]


Air Plan Approval; Wisconsin; Revision to the Milwaukee-Racine-
Waukesha 2006 24-Hour Particulate Matter Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
Wisconsin's December 23, 2015, state implementation plan (SIP) revision 
to the Milwaukee-Racine-Waukesha (Milwaukee), Wisconsin 2006 24-Hour 
Particulate Matter (PM2.5) maintenance plan. This SIP 
revision establishes new Motor Vehicle Emissions Budgets (MVEB) for 
Volatile Organic Compounds (VOC) for the years 2020 and 2025. The MVEBs 
for Oxides of Nitrogen (NOX), Sulfur Dioxide 
(SO2), and PM2.5 will remain the same. EPA is 
approving the allocation of a portion of the safety margin for VOC in 
the PM2.5 maintenance plan to the 2020 and 2025 MVEBs. The 
2020 and 2025 total year emissions of VOC for the area will remain 
below the attainment level required by the transportation conformity 
regulations.

DATES: This direct final rule will be effective April 22, 2016, unless 
EPA receives adverse comments by March 23, 2016. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0848 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received on its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background for this action?
II. What is a ``safety margin''?
III. How does this action change the Milwaukee area's 2006 24-hour 
PM2.5 maintenance plan?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On April 22, 2014 (79 FR 22415), EPA approved a request from the 
State of Wisconsin to redesignate the Milwaukee area for the 2006 24-
hour PM2.5 national ambient air quality standard (NAAQS). In 
addition to approving the PM2.5 redesignation request, EPA 
approved the State's plan for maintaining the 2006 24-hour 
PM2.5 NAAQS in Milwaukee through 2025. The PM2.5 
maintenance plan established MVEBs for PM2.5, 
SO2, VOC and NOX for 2020 and 2025 to account for 
new transportation planning assumptions.
    MVEBs are the projected levels of controlled emissions from the 
transportation sector (mobile sources) that are estimated in the SIP to 
provide for maintenance of the ozone standard. The transportation 
conformity rule allows the MVEB to be changed as long as the total 
level of emissions from all sources remains below the attainment 
levels.

II. What is a ``safety margin''?

    A ``safety margin'', as defined in the transportation conformity 
rule (40 CFR part 93 subpart A), is the amount by which the total 
projected emissions from all sources of a given pollutant are less than 
the total emissions that would satisfy the applicable requirement for 
reasonable further progress, attainment, or maintenance. The attainment 
level of emissions is the level of emissions during the year in which 
the area met the NAAQS. Table 1 gives detailed information on the 
safety margin for the VOC portion of the Milwaukee's 2006 24-Hour 
PM2.5 maintenance plan. Table 1 includes a comparison of the 
VOC emissions in the 2010 (Wisconsin's attainment year), to the 
projected emissions of VOC in 2020 and 2025. The difference between the 
projected emissions in years 2020 and 2025 and the actual emissions in 
2010 is referred to as the safety margin or the amount of excess 
emission reductions.

[[Page 8655]]



                 Table 1--VOC Safety Margin for Milwaukee's 2006 24-Hour PM2.5 Maintenance Plan
----------------------------------------------------------------------------------------------------------------
                                                                                     Projected
                                                                    Attainment      maintenance    Safety margin
                              Year                                year emissions     emissions      (tons/day)
                                                                    (tons/day)      (tons/day)
----------------------------------------------------------------------------------------------------------------
2010............................................................          127.40  ..............  ..............
2020............................................................  ..............          105.81           21.59
2025............................................................  ..............          106.70           20.70
----------------------------------------------------------------------------------------------------------------

Wisconsin has requested the VOC allocation of 2.384 tons/day for 2020 
and 1.798 tons/day for 2025 from the safety margins to the MVEBs. The 
revised maintenance plan will have VOC safety margins of 19.21 tons/day 
for 2020 and 18.90 tons/day for 2025. The 2020 and 2025 projected VOC 
emissions, even with this allocation, will be below the 2010 attainment 
year emissions. For this reason, EPA finds that the allocation of the 
safety margin to the 2020 and 2025 VOC MVEBs for Milwaukee's 2006 24-
Hour PM2.5 maintenance plan meets the requirements of the 
transportation conformity regulations at 40 CFR part 93, and is 
approvable.

III. How does this action change the Milwaukee area's 2006 24-hour 
PM2.5 maintenance plan?

    This action changes the VOC MVEBs for mobile sources. The 
maintenance plan is designed to provide for future growth while still 
maintaining the 2006 24-Hour PM2.5 NAAQS. Growth in 
industries, population, and traffic is offset by reductions from 
cleaner cars and other emission reduction programs. Through the 
maintenance plan, the state and local agencies can manage and maintain 
clean air quality while providing for growth.
    In the submittal, Wisconsin requested to allocate a portion of the 
safely margins for VOC to the 2020 and 2025 MVEBs. Table 2 details the 
updated MVEBs for the 2006 24-Hour PM2.5 maintenance plan 
for the Milwaukee area. Table 2 shows the 2020 and 2025 VOC MVEBs 
(approved by EPA on April 22, 2014), the amount of excess emission 
reductions or safety margin to be allocated into the new MVEBs, and the 
new 2020 and 2025 MVEBs for VOC.

                          Table 2--Milwaukee 2006 24-Hour PM2.5 Maintenance Plan MVEBs
----------------------------------------------------------------------------------------------------------------
                                                                                   Safety margin
                              Year                                Approved MVEBs    allocation       New MVEBs
                                                                    (tons/day)      (tons/day)      (tons/day)
----------------------------------------------------------------------------------------------------------------
2020............................................................          15.890           2.384          18.274
2025............................................................          11.980           1.798          13.778
----------------------------------------------------------------------------------------------------------------

IV. What action is EPA taking?

    EPA is approving a revision to the Milwaukee 2006 24-Hour 
PM2.5 maintenance plan. The revision will change the VOC 
MVEBs for 2020 and 2025 that are used for transportation conformity 
purposes. The revision will keep the total emissions for the area at or 
below the attainment level required by law. This action will allow the 
state or local agencies to continue to maintain air quality while 
providing for transportation growth.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective April 22, 2016 
without further notice unless we receive relevant adverse written 
comments by March 23, 2016. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective April 
22, 2016.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act (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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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);

[[Page 8656]]

     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 April 22, 2016. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Particulate matter, Volatile organic compounds.

    Dated: February 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    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 52.2584 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.2584  Control strategy; Particulate matter.

* * * * *
    (f) Approval--On December 23, 2015, the State of Wisconsin 
submitted a revision to its State Implementation Plan for the 
Milwaukee-Racine-Waukesha (Milwaukee), Wisconsin 2006 24-Hour 
Particulate Matter Maintenance Plan. The submittal established new 
Motor Vehicle Emissions Budgets (MVEB) for Volatile Organic Compounds 
(VOC) for the years 2020 and 2025. The VOC MVEBs for the Milwaukee area 
are now: 18.274 tons per day for 2020 and 13.778 tons per day for the 
year 2025.

[FR Doc. 2016-03498 Filed 2-19-16; 8:45 am]
BILLING CODE 6560-50-P



                                                8654                  Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations

                                                                                                       EPA-APPROVED INDIANA REGULATIONS—Continued
                                                                                                                                                Indiana
                                                            Indiana citation                                    Subject                                            EPA Approval date               Notes
                                                                                                                                             effective date

                                                        *                                *                      *                        *                       *                    *                   *
                                                6.8–2–29 ......................................   Reed Minerals–Plant #14 ............          05/29/2015    02/22/2016, [insert Federal
                                                                                                                                                                Register citation].

                                                        *                                *                     *                         *                       *                    *                   *
                                                6.8–2–34 ......................................   Huhtamaki Foodservice, Inc. .......           05/29/2015    02/22/2016, [insert Federal
                                                                                                                                                                Register citation].

                                                             *                            *                       *                      *                        *                      *                *



                                                *       *        *        *        *                            www.regulations.gov or via email to                    I. What is the background for this
                                                [FR Doc. 2016–03490 Filed 2–19–16; 8:45 am]                     blakley.pamela@epa.gov. For comments                   action?
                                                BILLING CODE 6560–50–P                                          submitted at Regulations.gov, follow the
                                                                                                                online instructions for submitting                        On April 22, 2014 (79 FR 22415), EPA
                                                                                                                comments. Once submitted, comments                     approved a request from the State of
                                                ENVIRONMENTAL PROTECTION                                        cannot be edited or removed from                       Wisconsin to redesignate the Milwaukee
                                                AGENCY                                                          Regulations.gov. For either manner of                  area for the 2006 24-hour PM2.5 national
                                                                                                                submission, EPA may publish any                        ambient air quality standard (NAAQS).
                                                40 CFR Part 52                                                  comment received on its public docket.                 In addition to approving the PM2.5
                                                [EPA–R05–OAR–2015–0848; FRL–9942–56–                            Do not submit electronically any                       redesignation request, EPA approved
                                                Region 5]                                                       information you consider to be                         the State’s plan for maintaining the 2006
                                                                                                                Confidential Business Information (CBI)                24-hour PM2.5 NAAQS in Milwaukee
                                                Air Plan Approval; Wisconsin;                                   or other information whose disclosure is               through 2025. The PM2.5 maintenance
                                                Revision to the Milwaukee-Racine-                               restricted by statute. Multimedia                      plan established MVEBs for PM2.5, SO2,
                                                Waukesha 2006 24-Hour Particulate                               submissions (audio, video, etc.) must be               VOC and NOX for 2020 and 2025 to
                                                Matter Maintenance Plan                                         accompanied by a written comment.                      account for new transportation planning
                                                                                                                The written comment is considered the                  assumptions.
                                                AGENCY: Environmental Protection
                                                Agency (EPA).                                                   official comment and should include                       MVEBs are the projected levels of
                                                ACTION: Direct final rule.                                      discussion of all points you wish to                   controlled emissions from the
                                                                                                                make. EPA will generally not consider                  transportation sector (mobile sources)
                                                SUMMARY:   The Environmental Protection                         comments or comment contents located                   that are estimated in the SIP to provide
                                                Agency (EPA) is approving Wisconsin’s                           outside of the primary submission (i.e.                for maintenance of the ozone standard.
                                                December 23, 2015, state                                        on the web, cloud, or other file sharing               The transportation conformity rule
                                                implementation plan (SIP) revision to                           system). For additional submission                     allows the MVEB to be changed as long
                                                the Milwaukee-Racine-Waukesha                                   methods, please contact the person                     as the total level of emissions from all
                                                (Milwaukee), Wisconsin 2006 24-Hour                             identified in the FOR FURTHER                          sources remains below the attainment
                                                Particulate Matter (PM2.5) maintenance                          INFORMATION CONTACT section. For the                   levels.
                                                plan. This SIP revision establishes new                         full EPA public comment policy,
                                                Motor Vehicle Emissions Budgets                                                                                        II. What is a ‘‘safety margin’’?
                                                                                                                information about CBI or multimedia
                                                (MVEB) for Volatile Organic                                     submissions, and general guidance on                      A ‘‘safety margin’’, as defined in the
                                                Compounds (VOC) for the years 2020                              making effective comments, please visit                transportation conformity rule (40 CFR
                                                and 2025. The MVEBs for Oxides of                               http://www2.epa.gov/dockets/                           part 93 subpart A), is the amount by
                                                Nitrogen (NOX), Sulfur Dioxide (SO2),                           commenting-epa-dockets.                                which the total projected emissions
                                                and PM2.5 will remain the same. EPA is                          FOR FURTHER INFORMATION CONTACT:                       from all sources of a given pollutant are
                                                approving the allocation of a portion of                        Michael Leslie, Environmental                          less than the total emissions that would
                                                the safety margin for VOC in the PM2.5                          Engineer, Control Strategies Section, Air              satisfy the applicable requirement for
                                                maintenance plan to the 2020 and 2025                           Programs Branch (AR–18J),                              reasonable further progress, attainment,
                                                MVEBs. The 2020 and 2025 total year                             Environmental Protection Agency,                       or maintenance. The attainment level of
                                                emissions of VOC for the area will                              Region 5, 77 West Jackson Boulevard,                   emissions is the level of emissions
                                                remain below the attainment level                               Chicago, Illinois 60604, (312) 353–6680,               during the year in which the area met
                                                required by the transportation                                  leslie.michael@epa.gov.                                the NAAQS. Table 1 gives detailed
                                                conformity regulations.                                                                                                information on the safety margin for the
                                                                                                                SUPPLEMENTARY INFORMATION:
                                                DATES: This direct final rule will be                                                                                  VOC portion of the Milwaukee’s 2006
                                                                                                                Throughout this document whenever
                                                effective April 22, 2016, unless EPA                            ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            24-Hour PM2.5 maintenance plan. Table
                                                receives adverse comments by March                              EPA. This supplementary information                    1 includes a comparison of the VOC
                                                23, 2016. If adverse comments are                               section is arranged as follows:                        emissions in the 2010 (Wisconsin’s
mstockstill on DSK4VPTVN1PROD with RULES




                                                received, EPA will publish a timely                                                                                    attainment year), to the projected
                                                withdrawal of the direct final rule in the                      I. What is the background for this action?             emissions of VOC in 2020 and 2025.
                                                Federal Register informing the public                           II. What is a ‘‘safety margin’’?
                                                                                                                III. How does this action change the
                                                                                                                                                                       The difference between the projected
                                                that the rule will not take effect.                                   Milwaukee area’s 2006 24-hour PM2.5              emissions in years 2020 and 2025 and
                                                ADDRESSES: Submit your comments,                                      maintenance plan?                                the actual emissions in 2010 is referred
                                                identified by Docket ID No. EPA–R05–                            IV. What action is EPA taking?                         to as the safety margin or the amount of
                                                OAR–2015–0848 at http://                                        V. Statutory and Executive Order Reviews               excess emission reductions.


                                           VerDate Sep<11>2014       16:09 Feb 19, 2016       Jkt 238001   PO 00000   Frm 00016   Fmt 4700    Sfmt 4700   E:\FR\FM\22FER1.SGM   22FER1


                                                                        Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations                                                                                                         8655

                                                                        TABLE 1—VOC SAFETY MARGIN FOR MILWAUKEE’S 2006 24-HOUR PM2.5 MAINTENANCE PLAN
                                                                                                                                                                                                        Attainment                Projected
                                                                                                                                                                                                           year                  maintenance               Safety margin
                                                                                                                     Year                                                                               emissions                 emissions                 (tons/day)
                                                                                                                                                                                                        (tons/day)                (tons/day)

                                                2010 .............................................................................................................................................                127.40        ........................   ........................
                                                2020 .............................................................................................................................................   ........................                105.81                       21.59
                                                2025 .............................................................................................................................................   ........................                106.70                       20.70



                                                Wisconsin has requested the VOC                                             requirements of the transportation                                           and local agencies can manage and
                                                allocation of 2.384 tons/day for 2020                                       conformity regulations at 40 CFR part                                        maintain clean air quality while
                                                and 1.798 tons/day for 2025 from the                                        93, and is approvable.                                                       providing for growth.
                                                safety margins to the MVEBs. The                                            III. How does this action change the                                           In the submittal, Wisconsin requested
                                                revised maintenance plan will have                                          Milwaukee area’s 2006 24-hour PM2.5                                          to allocate a portion of the safely
                                                VOC safety margins of 19.21 tons/day                                        maintenance plan?                                                            margins for VOC to the 2020 and 2025
                                                for 2020 and 18.90 tons/day for 2025.                                                                                                                    MVEBs. Table 2 details the updated
                                                                                                                               This action changes the VOC MVEBs
                                                The 2020 and 2025 projected VOC                                                                                                                          MVEBs for the 2006 24-Hour PM2.5
                                                                                                                            for mobile sources. The maintenance
                                                emissions, even with this allocation,                                       plan is designed to provide for future                                       maintenance plan for the Milwaukee
                                                will be below the 2010 attainment year                                      growth while still maintaining the 2006                                      area. Table 2 shows the 2020 and 2025
                                                emissions. For this reason, EPA finds                                       24-Hour PM2.5 NAAQS. Growth in                                               VOC MVEBs (approved by EPA on April
                                                that the allocation of the safety margin                                    industries, population, and traffic is                                       22, 2014), the amount of excess
                                                to the 2020 and 2025 VOC MVEBs for                                          offset by reductions from cleaner cars                                       emission reductions or safety margin to
                                                Milwaukee’s 2006 24-Hour PM2.5                                              and other emission reduction programs.                                       be allocated into the new MVEBs, and
                                                maintenance plan meets the                                                  Through the maintenance plan, the state                                      the new 2020 and 2025 MVEBs for VOC.

                                                                                            TABLE 2—MILWAUKEE 2006 24-HOUR PM2.5 MAINTENANCE PLAN MVEBS
                                                                                                                                                                                                        Approved                Safety margin               New MVEBs
                                                                                                                     Year                                                                                 MVEBs                   allocation                 (tons/day)
                                                                                                                                                                                                        (tons/day)               (tons/day)

                                                2020 .............................................................................................................................................                15.890                      2.384                     18.274
                                                2025 .............................................................................................................................................                11.980                      1.798                     13.778



                                                IV. What action is EPA taking?                                              comments received will then be                                               beyond those imposed by state law. For
                                                   EPA is approving a revision to the                                       addressed in a subsequent final rule                                         that reason, this action:
                                                Milwaukee 2006 24-Hour PM2.5                                                based on the proposed action. EPA will                                          • Is not a significant regulatory action
                                                maintenance plan. The revision will                                         not institute a second comment period.                                       subject to review by the Office of
                                                change the VOC MVEBs for 2020 and                                           Any parties interested in commenting                                         Management and Budget under
                                                2025 that are used for transportation                                       on this action should do so at this time.                                    Executive Orders 12866 (58 FR 51735,
                                                conformity purposes. The revision will                                      Please note that if EPA receives adverse                                     October 4, 1993) and 13563 (76 FR 3821,
                                                keep the total emissions for the area at                                    comment on an amendment, paragraph,                                          January 21, 2011);
                                                or below the attainment level required                                      or section of this rule and if that                                             • Does not impose an information
                                                by law. This action will allow the state                                    provision may be severed from the                                            collection burden under the provisions
                                                or local agencies to continue to maintain                                   remainder of the rule, EPA may adopt                                         of the Paperwork Reduction Act (44
                                                air quality while providing for                                             as final those provisions of the rule that                                   U.S.C. 3501 et seq.);
                                                transportation growth.                                                      are not the subject of an adverse
                                                                                                                                                                                                            • Is certified as not having a
                                                   We are publishing this action without                                    comment. If we do not receive any
                                                                                                                                                                                                         significant economic impact on a
                                                prior proposal because we view this as                                      comments, this action will be effective
                                                                                                                                                                                                         substantial number of small entities
                                                a noncontroversial amendment and                                            April 22, 2016.
                                                                                                                                                                                                         under the Regulatory Flexibility Act (5
                                                anticipate no adverse comments.                                             V. Statutory and Executive Order                                             U.S.C. 601 et seq.);
                                                However, in the proposed rules section
                                                of this Federal Register publication, we
                                                                                                                            Reviews                                                                         • Does not contain any unfunded
                                                are publishing a separate document that                                       Under the Clean Air Act (CAA), the                                         mandate or significantly or uniquely
                                                will serve as the proposal to approve the                                   Administrator is required to approve a                                       affect small governments, as described
                                                state plan if relevant adverse written                                      SIP submission that complies with the                                        in the Unfunded Mandates Reform Act
                                                comments are filed. This rule will be                                       provisions of the CAA and applicable                                         of 1995 (Pub. L. 104–4);
                                                effective April 22, 2016 without further                                    Federal regulations. 42 U.S.C. 7410(k);                                         • Does not have Federalism
mstockstill on DSK4VPTVN1PROD with RULES




                                                notice unless we receive relevant                                           40 CFR 52.02(a). Thus, in reviewing SIP                                      implications as specified in Executive
                                                adverse written comments by March 23,                                       submissions, EPA’s role is to approve                                        Order 13132 (64 FR 43255, August 10,
                                                2016. If we receive such comments, we                                       state choices, provided that they meet                                       1999);
                                                will withdraw this action before the                                        the criteria of the CAA. Accordingly,                                           • Is not an economically significant
                                                effective date by publishing a                                              this action merely approves state law as                                     regulatory action based on health or
                                                subsequent document that will                                               meeting Federal requirements and does                                        safety risks subject to Executive Order
                                                withdraw the final action. All public                                       not impose additional requirements                                           13045 (62 FR 19885, April 23, 1997);


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                                                8656             Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations

                                                   • Is not a significant regulatory action             and address the comment in the                        The revision caps emissions of nitrogen
                                                subject to Executive Order 13211 (66 FR                 proposed rulemaking. This action may                  oxides (NOX) from large non-electric
                                                28355, May 22, 2001);                                   not be challenged later in proceedings to             generating units (non-EGUs) to meet the
                                                   • Is not subject to requirements of                  enforce its requirements. (See section                requirements of EPA’s NOX SIP Call.
                                                Section 12(d) of the National                           307(b)(2).)                                           EPA is approving this revision to cap
                                                Technology Transfer and Advancement                                                                           emissions of NOX from non-EGUs in
                                                Act of 1995 (15 U.S.C. 272 note) because                List of Subjects in 40 CFR Part 52
                                                                                                                                                              accordance with the requirements of the
                                                application of those requirements would                   Environmental protection, Air                       Clean Air Act (CAA).
                                                be inconsistent with the CAA; and                       pollution control, Incorporation by                   DATES: This final rule is effective on
                                                   • Does not provide EPA with the                      reference, Particulate matter, Volatile               March 23, 2016.
                                                discretionary authority to address, as                  organic compounds.                                    ADDRESSES: EPA has established a
                                                appropriate, disproportionate human                       Dated: February 5, 2016.                            docket for this action under Docket ID
                                                health or environmental effects, using
                                                                                                        Robert A. Kaplan,                                     Number EPA–R03–OAR–2015–0666. All
                                                practicable and legally permissible
                                                                                                        Acting Regional Administrator, Region 5.              documents in the docket are listed in
                                                methods, under Executive Order 12898
                                                                                                                                                              the www.regulations.gov Web site.
                                                (59 FR 7629, February 16, 1994).                            40 CFR part 52 is amended as follows:
                                                   In addition, the SIP is not approved                                                                       Although listed in the electronic docket,
                                                to apply on any Indian reservation land                 PART 52—APPROVAL AND                                  some information is not publicly
                                                or in any other area where EPA or an                    PROMULGATION OF                                       available, i.e., confidential business
                                                Indian tribe has demonstrated that a                    IMPLEMENTATION PLANS                                  information (CBI) or other information
                                                tribe has jurisdiction. In those areas of                                                                     whose disclosure is restricted by statute.
                                                Indian country, the rule does not have                  ■ 1. The authority citation for part 52               Certain other material, such as
                                                tribal implications and will not impose                 continues to read as follows:                         copyrighted material, is not placed on
                                                substantial direct costs on tribal                          Authority: 42 U.S.C. 7401 et seq.                 the Internet and will be publicly
                                                governments or preempt tribal law as                                                                          available only in hard copy form.
                                                                                                        ■ 2. Section 52.2584 is amended by                    Publicly available docket materials are
                                                specified by Executive Order 13175 (65                  adding paragraph (f) to read as follows:
                                                FR 67249, November 9, 2000).                                                                                  available through www.regulations.gov
                                                   The Congressional Review Act, 5                      § 52.2584    Control strategy; Particulate            or may be viewed during normal
                                                U.S.C. 801 et seq., as added by the Small               matter.                                               business hours at the Air Protection
                                                Business Regulatory Enforcement                         *     *     *     *     *                             Division, U.S. Environmental Protection
                                                Fairness Act of 1996, generally provides                  (f) Approval—On December 23, 2015,                  Agency, Region III, 1650 Arch Street,
                                                that before a rule may take effect, the                 the State of Wisconsin submitted a                    Philadelphia, Pennsylvania 19103.
                                                agency promulgating the rule must                       revision to its State Implementation                  Copies of the District submittal are
                                                submit a rule report, which includes a                  Plan for the Milwaukee-Racine-                        available at the District of Columbia.
                                                copy of the rule, to each House of the                  Waukesha (Milwaukee), Wisconsin 2006                  Department of Energy and Environment,
                                                Congress and to the Comptroller General                 24-Hour Particulate Matter Maintenance                Air Quality Division, 1200 1st Street
                                                of the United States. EPA will submit a                 Plan. The submittal established new                   NE., 5th Floor, Washington, DC 20002.
                                                report containing this action and other                 Motor Vehicle Emissions Budgets                       FOR FURTHER INFORMATION CONTACT:
                                                required information to the U.S. Senate,                (MVEB) for Volatile Organic                           Marilyn Powers, (215) 814–2308, or by
                                                the U.S. House of Representatives, and                  Compounds (VOC) for the years 2020                    email at powers.marilyn@epa.gov.
                                                the Comptroller General of the United                   and 2025. The VOC MVEBs for the                       SUPPLEMENTARY INFORMATION:
                                                States prior to publication of the rule in              Milwaukee area are now: 18.274 tons
                                                the Federal Register. A major rule                                                                            I. Background
                                                                                                        per day for 2020 and 13.778 tons per
                                                cannot take effect until 60 days after it               day for the year 2025.                                   On November 19, 2015 (80 FR 72406),
                                                is published in the Federal Register.                                                                         EPA published a notice of proposed
                                                                                                        [FR Doc. 2016–03498 Filed 2–19–16; 8:45 am]
                                                This action is not a ‘‘major rule’’ as                                                                        rulemaking (NPR) for the District of
                                                                                                        BILLING CODE 6560–50–P
                                                defined by 5 U.S.C. 804(2).                                                                                   Columbia. In the NPR, EPA proposed
                                                   Under section 307(b)(1) of the CAA,                                                                        approval of the District’s regulation to
                                                petitions for judicial review of this                                                                         cap NOX emissions from large non-
                                                action must be filed in the United States               ENVIRONMENTAL PROTECTION
                                                                                                        AGENCY                                                EGUs to meet the requirements of EPA’s
                                                Court of Appeals for the appropriate                                                                          NOX SIP Call. The formal SIP revision
                                                circuit by April 22, 2016. Filing a                     40 CFR Part 52                                        was submitted by the District of
                                                petition for reconsideration by the                                                                           Columbia on June 19, 2015.
                                                Administrator of this final rule does not               [EPA–R03–OAR–2015–0666; FRL–9942–59–
                                                affect the finality of this action for the              Region 3]                                             II. Summary of SIP Revision
                                                purposes of judicial review nor does it                                                                          On June 19, 2015, the District
                                                                                                        Approval and Promulgation of Air
                                                extend the time within which a petition                                                                       Department of the Environment (DOEE)
                                                                                                        Quality Implementation Plans; District
                                                for judicial review may be filed, and                                                                         submitted a SIP revision that addresses
                                                                                                        of Columbia; Regulation To Limit
                                                shall not postpone the effectiveness of                                                                       NOX reductions from its non-EGUs to
                                                                                                        Nitrogen Oxides Emissions From
                                                such rule or action. Parties with                                                                             meet its obligations under the NOX SIP
                                                                                                        Large Non-Electric Generating Units
                                                objections to this direct final rule are                                                                      Call. The submission also removes, from
                                                encouraged to file a comment in                         AGENCY:  Environmental Protection                     the District’s SIP, regulation Title 20
mstockstill on DSK4VPTVN1PROD with RULES




                                                response to the parallel notice of                      Agency (EPA).                                         DCMR Chapter 10—Nitrogen Oxides
                                                proposed rulemaking for this action                     ACTION: Final rule.                                   Emissions Budget Program. Sections
                                                published in the proposed rules section                                                                       1000 through 1013 of 20 DCMR Chapter
                                                of today’s Federal Register, rather than                SUMMARY: The Environmental Protection                 10 comprised the District’s Ozone
                                                file an immediate petition for judicial                 Agency (EPA) is approving a State                     Transport Commission (OTC) NOX
                                                review of this direct final rule, so that               Implementation Plan (SIP) revision                    Budget Program, which preceded the
                                                EPA can withdraw this direct final rule                 submitted by the District of Columbia.                NOX SIP Call trading program, and


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Document Created: 2016-02-19 23:56:48
Document Modified: 2016-02-19 23:56:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective April 22, 2016, unless EPA receives adverse comments by March 23, 2016. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactMichael Leslie, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6680, [email protected]
FR Citation81 FR 8654 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Volatile Organic Compounds

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