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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules Act of 1995 15 U.S.C. 272 note because application of the requirements would be inconsistent with the Clean Air Act;
and Does not provide the 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 proposed action would not apply on any Indian reservation land or in any other area where the 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 as specified by Executive Order 13175 65 FR 67249, November 9, 2000. Consistent with EPA policy, the EPA provided an opportunity to request consultation to the Confederated Tribes and Bands of the Yakama Nation in a letter dated April 5, 2021.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 1, 2021.
Michelle L. Pirzadeh, Acting Regional Administrator, Region 10.
FR Doc. 202126437 Filed 12621; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20200698; FRL921501
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Air Plan Approval; Wisconsin; Serious Plan Elements for the Wisconsin Portion of Chicago Nonattainment Area for the 2008 Ozone Standard Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve a revision to the Wisconsin State Implementation Plan SIP to meet the volatile organic compound VOC and nitrogen oxides NOX reasonably available control technology RACT, clean-fuel vehicle programs CFVP, and the enhanced monitoring of ozone and ozone precursors EMP requirements of the Clean Air Act CAA in the
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Wisconsin portion of the ChicagoNaperville, Illinois-Indiana-Wisconsin nonattainment area Chicago area for the 2008 ozone National Ambient Air Quality Standards NAAQS or standards. EPA is proposing to approve this SIP revision pursuant to section 110
and part D of the requirements of the CAA and EPAs regulations, because it satisfies the above requirements for an area which is classified as serious nonattainment for the 2008 ozone NAAQS. Other serious elements will be addressed in a separate action.
DATES: Comments must be received on or before January 6, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR05
OAR20200698 at https
www.regulations.gov, or via email to blakley.pamela@epa.gov. 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 to 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 https www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Leslie, Environmental Engineer, Control Strategies Section, Air Programs Branch AR18J, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 3536680, leslie.michael@epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean
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EPA. This supplementary information section is arranged as follows:
I. What is the background for this action?
A. Background on the 2008 Ozone Standard On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075
parts per million ppm 73 FR 16436.
Promulgation of a revised NAAQS
triggers a requirement for EPA to designate areas of the country as nonattainment, attainment, or unclassifiable for the standard. For the ozone NAAQS, this also involves classifying any nonattainment areas at the time of designation. Ozone nonattainment areas are classified based on the severity of their ozone levels as determined based on the areas design value, which represents air quality in the area for the most recent 3 years. The classifications for ozone nonattainment areas are marginal, moderate, serious, severe, and extreme.
Areas that EPA designates nonattainment for the ozone NAAQS are subject to certain requirements, including the general nonattainment area planning requirements of CAA
section 172 and the ozone-specific nonattainment planning requirements of CAA section 182. Ozone nonattainment areas in the lower classification levels have fewer and/or less stringent mandatory air quality planning and control requirements than those in higher classifications. For marginal areas, CAA section 182a details that a state is required to submit a baseline emissions inventory, adopt provisions into the SIP requiring emissions statements from stationary sources in the area, and implement a nonattainment new source review NSR
program for the relevant ozone NAAQS.
For moderate areas, the SIP
requirements are found in CAA section 182b, a state needs to comply with the marginal area requirements, plus additional moderate area requirements, including the requirement to submit a modeled demonstration that the area will attain the NAAQS as expeditiously as practicable but no later than 6 years after designation, the requirement to submit an Reasonable Further Progress RFP plan, the requirement to adopt and implement certain emissions controls, such as RACT and Inspection and Maintenance I/M, and the requirement for greater emissions offsets for new or modified major stationary sources under the states nonattainment NSR program. For serious nonattainment areas, the SIP
requirements are found in CAA section
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