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ENVIRONMENTAL PROTECTION AGENCY

AGENCY: U.S. Environmental Protection Agency (USEPA).
40 CFR Part 81

Designation of Areas for Air Quality Planning Purposes; Attainment Status Designations; Wisconsin

[FRL-3443-1]
53 FR 34791
September 8, 1988

ACTION: Proposed rule.

SUMMARY: USEPA is proposing to disapprove a request from the State of Wisconsin to revise the attainment status designations, at 40 Code of Federal Regulations (CFR) 81.350, for a sub-city primary nonattainment area of Green Bay, Wisconsin, which is in Brown County, from primary nonattainment to attainment relative to the sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The intent of this proposed notice is to discuss the results of USEPA's review of the Wisconsin Department of Natural Resources (WDNR) redesignation request and to provide an opportunity for the public to comment. Under the Clean Air Act (CAA), designations can be changed if sufficient data are available to warrant such a change.

USEPA is proposing to disapprove a sub-city primary nonattainment area of Green Bay redesignation request because the WDNR failed to provide any evidence that (1) the necessary stack modifications at three sources have been completed, and that (2) all sources are in compliance with the emission limits in the State rule. Thus, the requirements in USEPA's April 21, 1983, redesignation policy entitled "Section 107 Designation Policy Summary" from Sheldon Meyers, Director, Office of Air Quality Planning and Standards, have not been met.

DATE: Comments on this redesignation request and on the USEPA's proposed disapproval action must be received by October 11, 1988.

ADDRESSES: Copies of the redesignation request, technical support documents and the supporting air quality data are available at the following addresses:

U.S. Environmental Protection Agency, Region V, Air Programs Branch, 230 S. Dearborn Street, Chicago, Illinois 60604

Wisconsin Department of Natural Resources, Bureau of Air Management, 101 South Webster, Green Bay, Wisconsin 53707

Comments on this proposed rule should be addressed to: (Please submit an original and three copies, if possible.) Gary Gulezian, Chief, Regulatory Analysis Section, Air and Radiation Branch (5AR-26), U.S. Environmental Protection Agency, Region V, 230 South Dearborn Street, Chicago, Illinois 60604

FOR FURTHER INFORMATION CONTACT: Uylaine E. McMahan, Air and Radiation Branch (5AR-26), Environmental Protection Agency, Region V, 230 South Dearborn Street, Chicago, Illinois 60604, (312) 886-6031.

TEXT: SUPPLEMENTARY INFORMATION: Under section 107(d) of the CAA, the Administrator of USEPA has promulgated the NAAQS attainment status for all areas within each State. For Wisconsin, see 43 FR 8962 (March 3, 1978), 43 FR 45993 (October 5, 1978), and 40 CFR 81.350. These area designations are subject to revision whenever sufficient data become available to warrant a redesignation. On October 10, 1980 (45 FR 67348), a sub-city primary nonattainment area of Green Bay, Wisconsin, was designated as not attaining the SO2 standard n1. For areas designated nonattainment for SO2 , a revised SO2 SIP was required which satisfies the requirements of section 110(a) and Part D of the CAA and provides for attainment and maintenance of the SO2 NAAQ n2.

n1 Brown County: The Green Bay sub-city primary nonattainment area defined as follows:

North: Green Bay.

West: W. Mason St. and Ashland Ave., along Ashland north to Mather St., West Crocker St., north on Crocker St. to Bylsby ST., then to Green Bay.

South: W. Mason St. and Ashland Ave., east long Mason to Irwin Ave.

East: W. Mason St. and Irwin Ave., along Irwin Ave. north to Green Bay.

Remainder of corporate limits of Green Bay: Cannot be classified.

Remainder of Brown County: Better than national standard.

n2 USEPA is proposing action to approve Green Bay's SO2 SIP in a separate Federal Register notice.

Redesignation requests for SO2 are reviewed for compliance with USEPA's redesignation policy issued in the memorandum from Shelton Meyers, Director of the Office of Air Quality Planning and Standards (OAQPS), on April 21, 1983, entitled "Section 107 Designation Policy Summary."

On May 7, 1987, pursuant to section 107(d)(5) of the CAA, the WDNR requested that a sub-city primary nonattainment area of Green Bay be redesignated to attainment of the SO2 NAAQS. In this policy, there are five main criteria for SO2 redesignation from nonattainment, all of which must be met.

Criterion 1:

There must be evidence of implementation (i.e., compliance certifications) of the USEPA fully approved control strategy.

On January 23, 1984, the State of Wisconsin submitted a revised SO2 State Implementation Plan (SIP) for sources in Green Bay and DePere. Based on USEPA's review of the technical support materials, USEPA expected to propose approval of this revised plan. In its submittal, Wisconsin stated that all sources "* * * came into compliance in November 1985 * * *", but provided no information to support this statement. Wisconsin did provide copies of each company's compliance plans, which were developed to ensure that the sources were complying with the limits in the State rule.

USEPA will propose rulemaking on the revised SO2 State plan for Green Bay in a separate notice. Final redesignation cannot occur until final approval of the revised SIP. However, the State has failed to provide recent evidence that demonstrates that the necessary stack modifications at WPS-Pulliam, Green Bay Packaging, and Nicolet Paper, have been completed and that current emissions at all sources do not exceed the emission limitations in the State rule. The compliance plans merely establish recordkeeping and reporting requirements between the State and each company. The SIP must include as the compliance test method a stack test for all companies, in addition to containing specific recordkeeping and reporting requirements for P&G Fox River, Green Bay Packaging, and James River. This type of data was not submitted by the State to support the redesignation request.

Criterion 2

The most recent eight consecutive quarters of quality-assured, representative (i.e., reflects maximum, worst-case impacts under maximum allowable source operation) air quality data must show no violations of the applicable National Ambient Air Quality Standards (NAAQS).

WDNR submitted ambient data collected at nine different locations during the period 1979-1986. A map of the monitoring locations is presented in Figure 1 of the May 1, 1987, State's submittal. A copy of the data is presented in Table 1 of the May 1, 1987, State's submittal. (Note, no more than five monitors operated during any given year. Currently, there are four monitors in operation.) The monitored data show no violations of the NAAQS during 1985 and 1986, the most recent 2 calendar years of available data.

USEPA has determined that the existence of no monitored violations during the most recent 2 calendar years satisfies the ambient data requirement.

Criterion 3

There must be a reference modeled attainment demonstration at the USEPA approved emission limits.

The WDNR submitted a dispersion modeling analysis consistent with the modeling guidelines in effect at that time it was performed by the State to support the revised emission limitations.

USEPA recognizes the modeling done to develop the revised emission limitations as being acceptable to support the redesignation. The modeling used in the demonstration supporting the emission limits is based on the modeling guideline in place at the time the analysis was performed (i.e., USEPA's 1978 and 1981 modeling guidelines). Since that time, a revised modeling guideline has been promulgated (September 9, 1986). Because the modeling was completed prior to publication of the revised guideline, however, USEPA accepts the analysis as it stands.

Criterion 4

The redesignation must not result in a relaxation in the SIP unless the State demonstrates that the NAAQS are still assured with the relaxation.

The WDNR redesignation request will not result in any change in emission limitations. Therefore, USEPA has determined that this criterion is met.

Criterion 5

The redesignation must be consistent with USEPA's GEP Stack Height Regulations (50 FR 27892).

The State rule requires stack height increases and/or combined stack gases at P&G Fox River, WPS-Pulliam, Green Bay Packaging, Nicolet Paper, and Fort Howard. Each company submitted information to support the stack credits assumed in the modeled attainment demonstration, as discussed in "Green Bay, Wisconsin SO2 SIP", October 28, 1987. USEPA has determined that the stack credits in the Green Bay plan are consistent with the GEP Stack Height Regulations. (USEPA's review ill be addressed in a separate Federal Register notice on the SO2 SIP for Green Bay.)

Conclusion

USEPA is proposing to disapprove the redesignation request for a sub-city area primary nonattainment area of Green Bay, Wisconsin, for SO2 . The WDNR failed to comply with Criterion 1, which required evidence of implementation (i.e., compliance certifications) of the USEPA fully approved control strategy.

All interested persons are invited to submit written comments on the proposed redesignation. Written comments received by the date specified above will be considered in determining whether USEPA will approve the redesignation. After review of all comments submitted, the Administrator of USEPA will publish in the Federal Register the Agency's final action on the redesignation.

Under 5 U.S.C. 605(b), I certify that this disapproval of a proposed redesignation request will not have a significant economic impact on a substantial number of small entities because it applies only to a sub-city area of Green Bay, Wisconsin, and imposes no new requirements on anyone.

The Office of Management and Budget has exempted this rule from the requirements of section 3 of Executive Order 12291.

List of Subjects in 40 CFR Part 81

Air pollution control, National Parks, Wilderness areas.

Authority: 42 U.S.C. 7401-7642.

Dated: December 29, 1987.

Frank M. Covington, Acting Regional Administrator.

[Editorial note: This document was received at the Office of the Federal Register on September 2, 1988.]

[FR Doc. 88-20324 Filed 9-7-88; 8:45 am]

BILLING CODE 6560-50-M


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