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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
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incorporated into the States administrative code.
Therefore, EPA is proposing to find that Wisconsin submittal has met VOC
RACT requirements for its portion of the Chicago area for the serious 2008 ozone NAAQS.
B. NOX RACT in the Wisconsin Portion of the Chicago Area for the 2008 Ozone NAAQS
Section 182f of the CAA requires RACT level controls for major stationary sources of NOX located in moderate ozone and higher nonattainment areas.
EPA approved Wisconsins NOX RACT
program into the SIP on October 19, 2010 44 FR 53762, for purposes of the 1997 ozone NAAQS. Wisconsins NOX
RACT requirements are codified at NR
428.20 to 428.26 of the Wisconsin Administrative Code and were established to fulfill the moderate nonattainment requirements for the 1997 ozone NAAQS and to apply to the facilities with a PTE of NOX greater than 100 TPY. Wisconsins RACT rules are applicable to major stationary sources of NOX located in Wisconsins moderate ozone nonattainment areas, including Kenosha County. With the reclassification from moderate to serious nonattainment for the 2008 ozone NAAQS, the major source threshold has decreased from 100 TPY to 50 TPY.
Currently there are no facilities located in the Wisconsin portion of the Chicago area 2008 ozone nonattainment area with PTE of NOX exceeding 50 TPY.
Therefore, no additional facility in this area has become subject to NOX RACT
due to the reclassification of the area from moderate to serious nonattainment.
The 2008 ozone implementation rule provides that states can show that existing NOX RACT programs fulfill requirements for the 2008 ozone NAAQS. In 2017, the Wisconsin Department of Natural Resources WDNR submitted the analysis of the current NOX RACT program to demonstrate compliance with the implementation rule for the 2008 ozone NAAQS. The analysis showed that there is no incremental difference in control technologies between the existing NOX
RACT program and the updated assessment for the facilities operating in 2008. On February 13, 2019, EPA
approved WDNRs NOX RACT program for compliance with the 2008 ozone NAAQS for moderate nonattainment areas 84 FR 3701. Since the assessment was required for conditions in 2008 and is not dependent on the nonattainment classification level, an updated NOX
RACT control technology assessment is not required for this SIP revision. Thus,
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based on equivalency in major source applicability and RACT control technology, the WDNR concludes that Wisconsins current NOX RACT
program under state statute NR 428.20
to 428.26 fulfills RACT requirements for serious nonattainment for the 2008
ozone NAAQS. Therefore, EPA is proposing to find that Wisconsin has met the NOX RACT for its portion of the Chicago area for the 2008 ozone NAAQS.
C. Clean Fuels Vehicles Program CFVP
CAA section 182c4 requires states with ozone nonattainment areas classified as serious or higher to submit a SIP revision describing implementation of a CFVP, as described in CAA title II part C 40 CFR 88. EPA
approved Wisconsins CFVP on March 11, 1996 61 FR 9641. EPA issued a memorandum on July 21, 2005, that found that then-current emission standards for vehicles regulated under 40 CFR 86 were as or more stringent than the emission standards specified in 40 CFR 88 for the CFVP. Additionally, EPA issued a memorandum on April 17, 2006, noting that after the CFVP
requirement became law, EPA
promulgated new vehicle emission standards e.g., Tier 2 Rule and heavyduty engine standards that are generally more stringent, or equivalent to, the CFV emission standards for lightduty vehicles, light-duty trucks, and heavy-duty vehicles and engines. The memorandum also stated that to meet the requirements of the Clean Fuel Fleet Program fleet managers can be assured that vehicles and engines certified to current Part 86 emission standards, which EPA has determined to be as or more stringent than corresponding CFV
emission standards per the attached EPA Dear Manufacturer Letter meet the CFV emission standards and the CFFP
requirements as defined in CFR part 88. We expected emission benefits of Tier 2 and heavy-duty engine standards over LEV standards. For example, Tier 2 NOX standards have a benefit over LEV ranging from 0.09 grams/mile to 0.99 grams/mile on a per vehicle basis.
With regard to the heavy-duty engine standards, there is a benefit of 1.4
grams/brake-horsepower per hour for the combination of non-methane hydrocarbons and NOX on a per vehicle basis. Further reductions from these same vehicles will be achieved by EPAs newly promulgated Tier 3 emission standards.
Since vehicle emission standards have only become more stringent since the memo was issued in 2005, the CAA
section 182c4 CFVP requirement
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remains satisfied without the need for further action by the State.
D. Enhanced Monitoring Plan EMP
Section 182c1 of the CAA requires states with nonattainment areas classified serious or higher to adopt and implement a program to improve air monitoring for ambient concentrations of ozone, NOX and VOC. EPA initiated the Photochemical Assessment Monitoring Stations PAMS program in February 1993. The PAMS program required the establishment of an enhanced monitoring network in all ozone nonattainment areas classified as serious, severe, or extreme. On March 18, 1994 59 FR 6021, EPA approved Wisconsins SIP revision establishing an enhanced monitoring program.
Since that time, EPA concluded that requiring enhanced monitoring for ozone nonattainment areas classified as moderate or above is appropriate for the purposes of monitoring ambient air quality and better understanding ozone pollution. In EPAs revision to the ozone standard on October 1, 2015, EPA relied on the authority provided in sections 103c, 110a2B, 114a and 301a1
of the CAA to expand the PAMS
applicability to areas other than those that are serious or above ozone nonattainment and substantially to revise the PAMS requirements in 40
CFR part 58 appendix D 80 FR 65292.
Specifically, this rule required states with moderate and above ozone nonattainment areas to develop and implement an EMP. These plans should detail enhanced ozone and ozone precursor monitoring activities to be performed to better understand areaspecific ozone issues.
To meet this requirement, Wisconsin submitted its updated EMP as part of the 2018 Wisconsin Air Monitoring Network Plan, which EPA approved via a letter dated September 1, 2017.
Wisconsin has submitted subsequent updates to its EMP with each years network plan. Measures included in Wisconsins current EMP include:
Monitoring of ozone and ozone precursors beyond federal requirements, ozone event triggered VOC samples for the PAMS suite of compounds, engaging and supporting external partners collecting ozone-related data, and analyzing monitoring data that had been previously collected. Wisconsins EMP
specifically includes several enhanced monitoring efforts within the Wisconsin portion of the Chicago area.
Wisconsin will continue to meet its CAA section 182c1 EMP
requirements by including its EMP in Wisconsins Air Monitoring Network Plan, which is subject to EPA review
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