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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
182c and include: an attainment demonstration, RACT for VOC and NOX, Reasonably Available Control Measures, RFP reductions in VOC and/or NOX
emissions in the area, contingency measures to be implemented in the event of failure to attain the standard, enhanced I/M program, an EMP, a CFVP, a transportation control demonstration, and changes to permitting programs for serious areas.
B. Background on the Chicago 2008
Ozone Nonattainment Area On June 11, 2012 77 FR 34221, EPA
designated the Chicago area as a marginal nonattainment area for the 2008 ozone NAAQS. The Chicago area includes Cook, DuPage, Kane, Lake, McHenry, and Will Counties and part of Grundy and Kendall Counties in Illinois; Lake and Porter Counties in Indiana; and the eastern portion of Kenosha County in Wisconsin. On May 4, 2016 81 FR 26697, pursuant to section 181b2 of the CAA, EPA
determined that the Chicago area failed to attain the 2008 ozone NAAQS by the July 20, 2015 marginal area attainment deadline and thus reclassified the area from marginal to moderate nonattainment. On August 23, 2019, EPA again reclassified the Chicago nonattainment area from moderate to serious nonattainment status, effective September 23, 2019 84 FR 44238. This reclassification was based on 20152017
monitoring data.

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II. EPAs Evaluation of Wisconsins SIP
Submission Wisconsin submitted a SIP revision on December 1, 2020, to address the serious nonattainment area requirements for the Wisconsin portion of the Chicago area for the 2008 ozone NAAQS. The submission contained several nonattainment plan elements, including a VOC and NOX RACT plan, the CFVP, and the EMP. The submission also included an attainment demonstration, RFP, RFP contingency measures, enhanced I/M, transportation conformity motor vehicle emissions budgets, and a transportation control demonstration which will be addressed in a separate actions.
A. VOC RACT in the Wisconsin Portion of the Chicago Area for the 2008 Ozone NAAQS
Sections 172c1 and 182b2 of the CAA require states to implement RACT
in ozone nonattainment areas classified as moderate and higher. Specifically, these areas are required to implement RACT for all major VOC emissions sources and for all sources covered by a Control Techniques Guideline CTG.

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The major source threshold for serious nonattainment ozone areas is a potential to emit PTE 50 tons per year TPY. A
CTG is a document issued by EPA
which establishes a presumptive norm for RACT for a specific VOC
source category. States must submit rules, or negative declarations when no such sources exist for CTG source categories.
EPAs SIP Requirements Rule for the 2008 ozone NAAQS indicates that states may meet RACT through the establishment of new or more stringent requirements that meet RACT control levels, through a certification that previously adopted RACT controls in their SIPs approved by EPA for a prior ozone NAAQS also represent adequate RACT control levels for attainment of the 2008 ozone NAAQS, or with a combination of these two approaches. In addition, a state may submit a negative declaration in instances where there are no CTG sources.
Wisconsin previously addressed RACT requirements in the Kenosha portion of the nonattainment area when it developed attainment plans for the 1979 and 1997 ozone standards.
Wisconsin has previously adopted RACT rules for VOC emission sources in the nonattainment areas under Wisconsin Administrative Code NR 420.
Wisconsin has evaluated the previously adopted regulations and determined that these rules still satisfy RACT for its current submittal. Wisconsins December 1, 2020 submittal describes the VOC RACT program for the Wisconsin portion of the Chicago area for the 2008 ozone NAAQS. Wisconsin has implemented a VOC RACT program for the Wisconsin portion 2008 ozone nonattainment area through: 1
Implementation of CTG-recommended control measures through state administrative rules and an administrative order, 2 Negative declarations certifying that no sources exist in the nonattainment area that are subject to the CTGs whose control measures have not been codified in state administrative rules or enforced through an administrative order, and 3 A
negative declaration certifying that no non-CTG major source of VOCs exists in the nonattainment area.
The submittal provided a list of the CTGs for which RACT requirements have been codified in the Wisconsin Administrative Code. Wisconsin has not adopted VOC RACT regulations for four CTGs: Shipbuilding and ship repair, aerospace manufacturing, fiberglass boat manufacturing, and the oil and natural gas industry. In addition, while Wisconsin has adopted rules to cover industrial adhesive use, metal and
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plastic parts coatings, and automobile and light-duty truck manufacturing, the Wisconsin Administrative Code does not reflect the most recently published CTGs for these categories. Wisconsin performed an applicability analysis for these categories in the Wisconsin portion of the Chicago area. Wisconsins analysis determined that there are no facilities for these CTGs in the Kenosha nonattainment area: Shipbuilding and ship repair, aerospace manufacturing, fiberglass boat manufacturing, oil and natural gas industry, miscellaneous industrial adhesives, and automobile and light-duty truck assembly coatings.
Wisconsin provided negative declarations for these CTG categories.
For the remaining CTG category, miscellaneous metal and plastic parts coatings, Wisconsins analysis identified three facilities in the Kenosha County 2008 ozone nonattainment area. For two of the facilities, KKSP Precision Machining LLC Facility Identification 230198760 and IEA, Inc. Facility Identification 230167520, Wisconsin determined that the emissions were well below the CTG applicability threshold of 15 lb VOC per day, or equivalently, 3 TPY. The State found the remaining facility, Insinkerator Facility Identification 230167630, to have CTGapplicable emissions of 3.1 TPY in 2017, which is above the CTG threshold.
Insinkerator entered into an Administrative Order AM2001 with Wisconsin that established permanent and enforceable emission limits, among other requirements, on this facility, which are consistent with the control requirements and limits set forth in the 2008 Miscellaneous Metal and Plastic Parts Coatings CTG. AM2001 was submitted to EPA for incorporation into the SIP on February 12, 2020. EPA
approved these components of the VOC
RACT program as satisfying moderate area VOC RACT requirements on September 16, 2020 85 FR 57729.
Wisconsin certified that the Wisconsin portion of the Chicago areas VOC RACT program also satisfies serious area VOC RACT requirements.
The approved non-CTG major source negative declaration certifies that there are no sources within the Wisconsin portion of the Chicago area for the 2008
ozone NAAQS that produce non-CTG
VOC emissions with a PTE of greater than 50 TPY, the serious nonattainment area major source threshold. Wisconsin has verified with recent emissions data that there continues to be no source within the Wisconsin portion of the Chicago area that meets the non-CTG
major source threshold or the applicability criteria for CTGs not
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