[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4371]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI39-01-6079; FRL-4842-1]
Approval and Promulgation of Implementation Plan; Wisconsin
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Proposed rule.
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SUMMARY: The USEPA is proposing to approve a revision to Wisconsin's
State Implementation Plan (SIP) for ozone. On September 22, 1993, the
Wisconsin Department of Natural Resources (WDNR) submitted volatile
organic compound (VOC) rules to the USEPA as a proposed revision to
Wisconsin's ozone SIP. These rules replace the Chapter NR 154 (154
series) regulations currently contained in Wisconsin's federally
approved ozone SIP with Chapter NR 400 (400 series) regulations which
are consistent with the current Wisconsin Administrative Code. In
addition to renumbering Wisconsin's VOC regulations, this revision
addresses the following: the requirement of Wisconsin's March 9, 1984
SIP that the State submit major source non-control technology guideline
(non-CTG) reasonably available control technology (RACT) regulations;
the USEPA's SIP call of May 26, 1988; the requirement of the Clean Air
Act as amended in 1990 (Act) that States correct deficient VOC RACT
rules (``fix-up'' requirement); and the requirement of the Act that
States adopt VOC RACT rules where not previously required (``catch-up''
requirement). Further, this revision redefines RACT for non-vapor
conveyorized degreasers, high performance architectural coatings, and
fire truck and emergency response vehicle manufacturing. This proposed
revision is being parallel processed because portions of the rules
submitted on September 22, 1993 have been adopted by the WDNR's Natural
Resources Board, but are not as yet fully effective at the State level.
The USEPA is proposing to take final action approving these rules if
and when they become fully effective providing that they are submitted
to the USEPA in a timely manner.
DATES: Comments on this revision and on the proposed USEPA action must
be received by March 28, 1994.
ADDRESSES: Written comments should be sent to:Carlton T. Nash, Chief,
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), USEPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604.
Copies of the SIP revision request and the USEPA's analysis are
available for inspection at the following address: (It is recommended
that you telephone Kathleen D'Agostino at (312) 886-1767 before
visiting the Region 5 office.)USEPA, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Air Toxics and
Radiation Branch (AT-18J), USEPA, Region 5, Chicago, Illinois 60604,
(312) 886-1767.
SUPPLEMENTARY INFORMATION:
Background
Under section 107 of the Clean Air Act as amended in 1977 (1977
Act), the USEPA designated certain areas in each State as not attaining
the National Ambient Air Quality Standards (NAAQS) for ozone. For these
areas, section 172(a) of the 1977 Act required that the State revise
its SIP to provide for attaining the primary NAAQS as expeditiously as
practicable, but not later than December 31, 1982.1 section 172(b)
and (c) of the 1977 Act require that for stationary sources, an
approvable SIP must include legally enforceable requirements reflecting
the application of RACT to sources of VOC.2
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\1\The requirements for an approvable SIP are described in a
``General Preamble'' for part D rulemaking published at 44 FR 20372
(April 4, 1979), 44 FR 38583 (July 2, 1979), 44 FR 50371 (August 28,
1979), 44 FR 53761 (September 17, 1979), and 44 FR 67182 (November
23, 1979).
\2\A definition of RACT is contained in a December 9, 1976,
memorandum from Roger Strelow, former Assistant Administrator of Air
and Waste Management and is cited in a General Preamble-Supplement
on Control Technique Guidelines (CTGs), published at 44 FR 53761,
53762 (September 17, 1979). RACT is defined as the lowest emission
limitation that a particular source is capable of meeting by the
application of control technology that is reasonably available,
considering technological and economic feasibility.
The United States Environmental Protection Agency published CTGs
in three phases (Groups I, II and III) in order to assist the States
in determining RACT. The CTGs provide information on available air
pollution control techniques and provide recommendations on what the
USEPA considers the ``presumptive norm'' for RACT. All other sources
which are not covered by Group I, II, or III CTGs are referred to as
``non-CTG'' sources. Under the 1977 Act, ``non-CTG major sources''
were sources that have the potential to emit more than 100 tons per
year (TPY) of VOC and for which a CTG has not been published. Under
the Act as amended in 1990, the definition of ``major source'' has
been linked to the area's classification; i.e., while for marginal
and moderate areas major sources continue to be defined as those
with potential to emit 100 TPY, major sources in serious, severe,
and extreme areas are defined as those with potential to emit 50,
25, and 15 TPY, respectively. Therefore, under the amended Act, the
definition of ``non-CTG major source'' depends on the classification
of a specific area.
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In partial response to the requirement for VOC RACT rules, the
State of Wisconsin submitted and the USEPA approved controls
representing the application of RACT for certain stationary sources of
VOCs covered by the first two groups of CTGs (RACT I-40 CFR
52.2570(c)(13) (January 11, 1980, 45 FR 2319) and RACT II-40 CFR
52.2570(c)(27) (June 21, 1982, 47 FR 26622)).
Part D allowed the USEPA, though, to grant extensions of up to
December 31, 1987 to those States that could not demonstrate attainment
of the ozone standard by December 31, 1982, if certain conditions were
met by the State in revising its SIP.3 Wisconsin requested and
received an extension to December 31, 1987 for achieving the ozone
NAAQS for five counties (Kenosha, Milwaukee, Ozaukee, Racine, and
Waukesha). This extension was granted on May 6, 1981 (46 FR 25294) and
obligated the State to develop, for sources located in the five-county
nonattainment area in southeastern Wisconsin, RACT regulations
addressed by the Group III CTGs (RACT III) and RACT regulations for
major sources not addressed by a CTG (major non-CTG RACT). The State of
Wisconsin submitted and the USEPA approved controls representing the
application of RACT for stationary sources of VOCs covered by the third
group of CTGs on May 10, 1985 (40 CFR 52.2570(c)(39) (50 FR 19682)) and
June 28, 1985 (40 CFR 52.2570(c)(41) (50 FR 26735)).
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\3\On January 22, 1981, (46 FR 7182), the USEPA published
guidance for the development of 1982 ozone SIPs in ``State
Implementation Plans: Approval of 1982 Ozone and Carbon Monoxide
Plan Revisions for Areas Needing an Attainment Date Extension.''
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On May 26, 1988, Valdas V. Adamkus, Regional Administrator, USEPA,
Region 5, notified Governor Tommy G. Thompson pursuant to section
110(a)(2)(H) of the 1977 Act that the Wisconsin SIP was substantially
inadequate to achieve the NAAQS for ozone in parts of Wisconsin. This
letter to the Governor further stated that Wisconsin was required under
the 1977 Act to correct the deficiencies and inconsistencies in its
existing VOC regulations. A June 17, 1988 SIP call follow-up letter to
Wisconsin identified the deficiencies and inconsistencies in its
existing VOC stationary source RACT regulations which had been
previously approved by the USEPA. This letter also noted that
approvable non-CTG regulations were lacking for resin manufacturing,
coating manufacturing, aerosol can filling and leather coating. The
USEPA published an informational notice on September 7, 1988 (53 FR
34500) on the call for a SIP revision and on guidance documents,
including the May 25, 1988 document, ``Issues Relating to VOC
Regulation Cutpoints, Deficiencies, and Deviations'' (Bluebook).
The Clean Air Act Amendments of 1990 were enacted on November 15,
1990. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q. In amended section 182(a)(2)(A), Congress statutorily adopted
the requirement that pre-enactment ozone nonattainment areas that
retained their designation of nonattainment and were classified as
marginal or above fix their deficient RACT rules for ozone by May 15,
1991. Specifically, this section requires such areas to correct RACT as
it was required under pre-amendment section 172(b) as that requirement
was interpreted in pre-amendment guidance (the ``fix-up''
requirement).4 The SIP call letters interpreted that guidance and
indicated corrections necessary for specific nonattainment areas. Five
counties in the Milwaukee area (Kenosha, Milwaukee, Ozaukee, Racine,
and Waukesha) and the Sheboygan area retained their designation of
nonattainment and were classified as severe and moderate, respectively.
Therefore, these nonattainment areas are subject to the RACT fix-up
requirement and the May 15, 1991 deadline.
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\4\Among other things, the pre-amendment guidance consists of
the VOC RACT portions of the Post-87 policy, 52 FR 45044 (November
24, 1987); ``Issues Relating to VOC Regulation Cutpoints,
Deficiencies and Deviations, Clarification to Appendix D of November
24, 1987 Federal Register Notice'' (Bluebook) (notice of
availability published in the Federal Register on May 25, 1988); and
the existing CTGs.
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Section 182(b)(2) of the Act requires States to adopt RACT rules
for all areas designated nonattainment for ozone and classified as
moderate or above. There are three parts to the section 182(b)(2) RACT
requirement: (1) RACT for sources covered by an existing CTG--i.e., a
CTG issued prior to the enactment 1990 amendments; (2) RACT for sources
covered by a post-enactment CTG; and (3) all major sources not covered
by a CTG. This section requires nonattainment areas to regulate sources
that previously were exempt from RACT requirements and thereby ``catch
up'' to those nonattainment areas that became subject to those
requirements during an earlier period. In addition, it requires newly
designated ozone nonattainment areas to adopt RACT rules consistent
with those for previously designated nonattainment areas. The counties
of Kewaunee, Manitowoc, and Sheboygan and the Milwaukee area (including
Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha) are the
only areas in Wisconsin designated nonattainment and classified as
moderate or above. Therefore, these are the areas in Wisconsin subject
to the RACT catch-up requirements of section 182(b)(2) of the Act.
State Submittal
On September 22, 1993, Wisconsin submitted VOC rules to the USEPA
as a proposed revision to the State's ozone SIP. This submittal
supersedes the following rule revision submittals: October 3, 1986
(non-CTG rules for aerosol can filling, coating manufacturing, and
synthetic resin manufacturing); February 5, 1987 (non-CTG rule for
leather coating); February 18, 1988 (RACT for non-vapor conveyorized
degreasers); June 28, 1988 (non-CTG rule for aerosol can filling);
August 30, 1988 (RACT for high performance architectural coatings);
November 1, 1989 (internal offsets); April 17, 1990 (rule corrections
in response to the 1988 SIP call); and May 21, 1990 (RACT for fire
truck and emergency response vehicle manufacturing)5. The proposed
revision has been submitted to the USEPA for parallel processing
because portions of the rules have been adopted by the WDNR's Natural
Resources Board, but are not as yet fully effective at the State level.
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\5\In its May 21, 1990, submittal, the State requested that the
rule revisions to the Wisconsin Administrative Code as approved by
the Natural Resources Board (NRB) in Order AM-46-88 (fire truck and
emergency response vehicle manufacturing) and modified by NRB Order
AM-20-89 (April 17, 1990, RACT correction submittal) be incorporated
into Wisconsin's federally-approved SIP. Thus, the regulatory
language submitted on April 17, 1990, actually supersedes the
regulatory language submitted on May 21, 1990. To clarify this it
should be noted that the April 17, 1990 and May 21, 1990 dates are
dates of submittal. The May 21, 1990 submittal was actually approved
prior to the approval of the April 17, 1990 submittal. This is why
the April 17, 1990 regulatory language takes precedence.
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These rules replace the 154 series regulations currently contained
in Wisconsin's ozone SIP with 400 series regulations which are
consistent with the current Wisconsin Administrative Code. More
specifically, the September 22, 1993 submission consists of Chapters NR
400, 419 to 425 (excluding NR 419.07), 439 and 484, as related to VOCs.
This includes Order AM-36-92, which contains VOC rule revisions adopted
by the State of Wisconsin's Natural Resources Board on July 29, 1993.
In addition to renumbering Wisconsin's VOC regulations, this revision
fully addresses the following: the requirement of Wisconsin's March 9,
1984 SIP that the State submit major source non-CTG RACT regulations;
the USEPA's SIP call of May 26, 1988; and the RACT fix-up requirement
of section 182(a)(2)(A) of the Act. Additionally, this submittal
expands the geographic coverage of Wisconsin's VOC RACT rules (where
this has not already been done) to Door, Kewaunee, Manitowoc, and
Washington Counties and lowers the applicability cutpoint for existing
major non-CTG regulations to 25 tons per year (tpy) of VOC for sources
located in the Milwaukee area.6 In doing so, these rules partially
address the RACT catch-up requirement of section 182(b)(2) of the Act.
The catch-up requirement will be fully addressed when the Wisconsin
submits its rules for major non-CTG sources, currently expected in
1994. Further, this revision redefines RACT for non-vapor conveyorized
degreasers, high performance architectural coatings, and fire truck and
emergency response vehicle manufacturing.
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\6\Under the 1990 amendments, major sources in severe areas are
defined as those with the potential to emit 25 tpy or more of VOCs.
This revision ensures that the definition of major source contained
in the amendments is reflected in existing major non-CTG
regulations.
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USEPA's Analysis of the State's Submittal
The following is a summary of the major changes to Wisconsin's VOC
regulations contained in the State's submittal.
I. Chapter NR 400: Air Pollution Control Definitions
This chapter contains definitions used throughout the remaining
chapters.
A. ``Maximum Theoretical Emissions''
The State has established the following definition: ``'Maximum
theoretical emissions' means the quantity of air contaminants that
theoretically could be emitted by a stationary source without control
devices based on the design capacity or maximum production capacity of
the source and 8,760 hours of operation per year. In determining the
maximum theoretical emissions of VOCs for a source, the design capacity
or maximum production capacity shall include the use of raw materials,
coatings and inks with the highest VOC content used in practice by the
source.'' This definition is clear and consistent with USEPA RACT
guidelines.
B. ``Volatile Organic Compound'' or ``VOC''
The State has revised the definition to read as follows:
``'Volatile organic compound' or 'VOC' means any organic compound which
participates in atmospheric photochemical reactions. This includes any
such organic compound other than the following compounds, which have
been determined to have negligible photochemical reactivity: (a)
Methane, (b) Ethane, (c) Methylene chloride (Dichloromethane), (d)
1,1,1-Trichloroethane (Methyl chloroform), (e) Trichlorofluoromethane
(CFC-11), (f) Dichlorodifluoromethane (CFC-12), (g)
Chlorodifluoromethane (CFC-22), (h) Trifluoromethane (FC-23), (i)
1,1,1-Trichloro-2,2,2-trifluoroethane (CFC-113), (j) 1,2-Dichloro-
1,1,2,2-tetrafluoroethane (CFC-114), (k) Chloropentafluoroethane (CFC-
115), (l) 1,1,1-Trifluoro-2,2-dichloroethane (HCFC-123), (m) 1-Chloro-
1,1,1,2-tetrafluoroethane (HCFC-124), (n) Pentafluoroethane (HFC-125),
(o) 1,1,2,2-Tetrafluoroethane (HFC-134), (p) 1,1,1,2-Tetrafluoroethane
(HFC-134a), (q) 1,1-Dichloro-1-fluoroethane (HCFC-141b), (r) 1-Chloro-
1,1-difluoroethane (HCFC-142b), (s) 1,1,1-Trifluoroethane (HFC-143a),
(t) 1,1-Difluoroethane (HFC-152a), and (u) perfluorocarbon compounds
which fall in to the following classes: 1. Cyclic, branched or linear
completely fluorinated alkanes. 2. Cyclic, branched or linear
completely fluorinated ethers with no unsaturations. 3. Cyclic,
branched or linear completely fluorinated tertiary amines with no
unsaturations, and 4. Sulfur containing perfluorocarbons with no
unsaturations and with sulfur bonds only to carbon and fluorine.'' This
definition is consistent with USEPA's definition of VOC (40 CFR
51.100).
II. Chapter NR 419: Control of Organic Compound Emissions
This chapter contains definitions and general regulations
(including those pertaining to the disposal of VOC wastes, the storage
of organic compounds and the transfer of organic compounds) which apply
to VOC sources.7
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\7\Section 419.07 regulates the remediation of contaminated soil
or water. The WDNR requested that this section not be incorporated
into the State's ozone SIP. Therefore, USEPA is not taking action on
this section.
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Storage of Any Organic Compound
The State has revised this section to require that any alternative
control method approved by the WDNR be submitted to, and not become
effective for Federal purposes until approved by, the USEPA as a SIP
revision.
III. Chapter NR 420: Control of Organic Compound Emissions from
Petroleum and Gasoline Sources
This chapter contains definitions and specific regulations
pertaining to the storage of petroleum liquids, transfer operations and
associated equipment, motor vehicle fueling,8 and petroleum
refinery sources.
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\8\On August 13, 1993 (58 FR 43080), the USEPA published a
direct final approval of the proposed revisions to Wisconsin's SIP
relating to motor vehicle fueling that became effective on October
13, 1993. These revisions will not be discussed in today's
rulemaking.
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A. Storage of Petroleum Liquids; Exemptions
The State has revised this section by removing the exemption for
underground storage vessels where the total volume of petroleum liquids
added to and taken from the tank annually did not exceed twice the
volume of the tank. This exemption was replaced with an exemption for
horizontal underground storage tanks used to store JP-4 jet fuel.
B. Storage of Petroleum Liquids; Inspections of Fixed Roof Vessels
The State has revised the provision relating to the inspection of
covers and seals so as to require inspections whenever the tank is
emptied or at least every 5 years, whichever is more frequent.
C. Storage of Petroleum Liquids; Alternate Control Methods
The State has revised this section to require that any alternative
control method approved by the WDNR be submitted to, and not become
effective for Federal purposes until approved by, the USEPA as a SIP
revision.
D. Transfer Operations and Associated Equipment; Bulk Gasoline Plants
The State has revised this rule to apply to facilities which have
an average daily throughput of 4,000 gallons of gasoline or more on a
30-day rolling average. In addition, this section was revised to
require that any source subject to this section shall remain subject to
this subsection even if its throughput later falls below the
applicability thresholds.
E. Transfer Operations and Associated Equipment; Gasoline Dispensing
Facilities
The State revised this section to allow sources to comply by using
a refrigeration-condensation system capable of recovering at least 90
percent by weight of the organic compounds in the displaced vapor or an
equally effective alternative control method approved by the
department. The State also added the requirement that any alternative
control method approved under this subsection be submitted to, and not
become effective for Federal purposes until approved by, the USEPA as a
source-specific SIP revision.
F. Transfer Operations and Associated Equipment; Gasoline Delivery
Vessels
The State revised this section to require that records be kept not
only of the results of pressure tests, but also of all data collected
during the test.
IV. Chapter NR 421: Control of Organic Compound Emissions from
Chemical, Coatings and Rubber Products Manufacturing
This chapter contains definitions and specific regulations
pertaining to chemical manufacturing, pneumatic rubber tire
manufacturing, synthetic resin manufacturing, and coatings
manufacturing.
A. Chemical Manufacturing
The provisions of this subsection are not consistent with USEPA
RACT guidelines. However, the State has made an adequate demonstration
that there are no sources in nonattainment areas in this category.
USEPA is approving this negative declaration into the SIP as fulfilling
the RACT requirement for these source categories. In addition, USEPA is
approving the submitted rules into the SIP for their strengthening
effect, but not as meeting RACT. If major VOC sources falling under
this category are constructed in an ozone nonattainment area, these
sources will be required to control their emissions with the lowest
achievable emission rate under New Source Review provisions. In
addition, the State's negative declaration would no longer be
supportable and the State would then need to submit RACT rules for this
category.
B. Pneumatic Rubber Tire Manufacturing
The provisions of this subsection are not consistent with USEPA
RACT guidelines. However, the State has made an adequate demonstration
that there are no sources in nonattainment areas in this category.
USEPA is approving this negative declaration into the SIP as fulfilling
the RACT requirement for these source categories. In addition, USEPA is
approving the submitted rules into the SIP for their strengthening
effect, but not as meeting RACT. If major VOC sources falling under
this category are constructed in an ozone nonattainment area, these
sources will be required to control their emissions with the lowest
achievable emission rate under New Source Review provisions. In
addition, the State's negative declaration would no longer be
supportable and the State would then need to submit RACT rules for this
category.
C. Synthetic Resin Manufacturing
This non-CTG rule, not previously incorporated into the State's
SIP, applies to reaction tanks, thinning tanks, blending tanks and
other process vessels used in any synthetic resin manufacturing
facility which has maximum theoretical emissions of VOCs greater than
or equal to 100 tpy and which is located in the counties of Door,
Kewaunee, Manitowoc, Sheboygan or Walworth, or which has maximum
theoretical emissions of VOCs greater than or equal to 25 tpy and which
is located in the counties of Kenosha, Milwaukee, Ozaukee, Racine,
Washington, or Waukesha. The regulation requires that each vent from
reaction tanks, and all blending tanks and thinning tanks be equipped
with either of the following: (1) A surface condenser, or equally
effective control device approved by the WDNR, and a vapor recovery or
control system that reduces emissions from the surface condenser or
equally effective device by 85 percent; or (2) an equivalent system or
approach demonstrated to reliably control emissions from a process that
does not include a condenser by not less than 90 percent as approved by
the WDNR. Any equally effective control equipment or equivalent system
approved by WDNR under this paragraph must be submitted to, and not
become effective for Federal purposes until approved by, the USEPA as a
site-specific SIP revision.
The rule further requires equipment which processes or contains VOC
to be either enclosed or covered. Each valve, pump, sealed agitator,
compressor, flange and relief valve must be inspected bimonthly for
indications of dripping liquid. In addition, if this equipment is used
with a process stream which contains at least 10.0 percent VOCs by
weight, annual monitoring is required, unless it is located within 2
meters of a permanent support surface, in which case quarterly
monitoring is required. All leaks detected must be repaired within 15
days or, if technically infeasible without a process unit shutdown,
before the end of the next such shutdown. Documentation, including the
description of the equipment that leaked, date of detection, date of
repair, dates of follow-up inspection, and an explanation of what
caused the leak, is required on a quarterly basis.
D. Coatings Manufacturing
This non-CTG rule, not previously incorporated into the State's
SIP, applies to pigment dispersion chambers, thinning tanks, tinting,
straining, blending tanks and other process vessels used in any
coatings manufacturing facility which has maximum theoretical emissions
of VOCs greater than or equal to 100 tpy and which is located in the
counties of Door, Kewaunee, Manitowoc, Sheboygan or Walworth, or which
has maximum theoretical emissions of VOCs greater than or equal to 25
tpy and which is located in the counties of Kenosha, Milwaukee,
Ozaukee, Racine, Washington, or Waukesha. The regulation requires that
all vats be covered with lids, except to add ingredients or to take
samples; all vats, high speed dispersion mills, grinding mills and
roller mills be cleaned in a way which minimizes the emissions of VOCs
into the atmosphere, and all grinding mills be equipped with fully
enclosed screens.
The rule further requires that each valve, pump, sealed agitator,
compressor, flange and relief valve be inspected bimonthly for
indications of dripping liquid. In addition, if this equipment is used
with a process stream which contains at least 10.0 percent VOCs by
weight, annual monitoring is required, unless it is located within 2
meters of a permanent support surface, in which case quarterly
monitoring is required. All leaks detected must be repaired within 15
days or, if technically infeasible without a process unit shutdown,
before the end of the next such shutdown. Documentation, including the
description of the equipment that leaked, date of detection, date of
repair, dates of follow-up inspection, and an explanation of what
caused the leak, is required on a quarterly basis.
V. Chapter NR 422: Control of Organic Compound Emissions from Surface
Coating, Printing and Asphalt Surfacing Operations
This chapter contains definitions and specific regulations
pertaining to can coating, coil coating, paper coating, fabric and
vinyl coating, leather coating, automobile and light-duty truck
manufacturing, furniture metal coating, surface coating of large
appliances, magnet wire coating, flat wood panel coating, graphic arts,
miscellaneous metal parts and products, fire truck and emergency
response vehicle manufacturing, and use of asphalt surfacing materials.
A. Definitions
The following revisions have been made to the definitions included
in this subsection:
1. The definition of ``fabric coating'' has been revised to include
the saturation coating of textile substrates.
2. ``Organisol'' has been defined to be a thick coating containing
resin, plasticizers and organic solvent used to coat flexible
substances, such as paper or fabrics.
3. The definition of ``paper coating'' has been revised to include
saturation coating of paper. The definition has also been revised to
include the web coating of ``plastic films'' rather than ``plastic
fibers'' as a source type subject to the coating rules.
4. ``Plastisol'' has been defined to be a composition of finely
divided resin and plasticizer used to coat flexible substances, such as
paper or fabrics, which is applied as a thick gel which solidifies when
heated.
5. The definition of ``pretreatment coat'' has been revised to mean
a coating applied directly to metal substrates and which contain at
least 1/2 percent acid by weight and is used to provide surface
etching, corrosion resistance and enhanced adhesion of subsequent
coatings.
6. ``Saturation coating'' has been defined as the application of a
coating which permeates the substrate to which it is applied.
7. The definition of ``vinyl coating'' was revised to exclude the
application of plastisols and organisols and to include urethane coated
fabric and urethane sheets.
B. Exemptions
The exemptions in this section have been revised as follows:
1. The exemption for sources whose actual emissions were never
greater than 15 pounds per day and 3.1 pounds per hour was revised. The
regulation now allows exemptions only for sources whose actual
emissions from all lines meeting the same applicability requirements
within the facility are never greater than 15 pounds per day with all
emission control equipment inoperative.
2. The exemption for miscellaneous metal parts and products and
fire truck and emergency response vehicle manufacturing sources whose
emissions were never greater than 10 tpy with all emission control
equipment inoperative was revised. The regulation now exempts
miscellaneous metal parts and products and fire truck and emergency
response vehicle manufacturing sources which have maximum theoretical
emissions of VOCs from all surface coating process lines of less than
or equal to 10 tpy.
3. The exemption covering coating sources, other than graphic arts,
which have total emissions of VOCs, with all emission control equipment
inoperative, of less than or equal to 100 tpy no longer applies in Door
or Kewaunee counties.
4. The exemption for printing facilities whose emissions, with all
emission control equipment inoperative, are less than or equal to 100
tpy was revised. The regulation now exempts printing facilities which
are located in the counties of Kenosha, Milwaukee, Ozaukee, Racine,
Washington or Waukesha and have maximum theoretical emissions of VOCs
of less than or equal to 25 tpy, or are located outside of these
counties and have maximum theoretical emissions of VOCs less than or
equal to 100 tpy.
5. The exemption relating to leather coating facilities has been
revised to exempt facilities located outside the counties of Door,
Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan,
Walworth, Washington and Waukesha; or located in the counties of
Kenosha, Milwaukee, Ozaukee, Racine, Washington, or Waukesha and which
have maximum theoretical emissions of VOCs of less than 25 tpy, or
located in the counties of Door, Kewaunee, Manitowoc, Sheboygan or
Walworth, and which have maximum theoretical emissions of VOCs of less
than 100 tpy.
C. Methods of Compliance
Sources may achieve compliance through the use of an equivalent
system or approach demonstrated to reliably control emissions to a
level at or below the applicable emission limit. In addition, sources
have the option of achieving compliance through the use of an
alternative control method or system involving a high transfer
efficiency coating application system. In either case, the equivalent
or alternate method or system must be approved by the WDNR and
submitted to USEPA as a site-specific SIP revision. This revision would
not become effective for Federal purposes until approved by the USEPA.
This subsection has also been revised to allow sources to
demonstrate compliance through a daily volume-weighted average of all
coatings or inks applied by emission units subject to the same emission
limitation in a process line. The regulation includes equations
specifying the required method for calculating daily volume-weighted
average VOC content. Sources not covered by one of the equations
specified in this subsection may comply by means of in-line averaging
only by obtaining the WDNR's approval. Any such approval must be
submitted to, and will not become effective for Federal purposes until
approved by, the USEPA as a site-specific SIP revision.
D. Leather Coating
This non-CTG rule, not previously incorporated into the State's
SIP, limits emissions from leather coating facilities to 18.6 kilograms
per 100 square meters (38 pounds per 1000 square feet) of coated
product calculated on a daily average basis. The regulation contains
equations and procedures specifying the required method for determining
compliance with the regulation as well as detailed recordkeeping
requirements.
E. Automobile and Light-Duty Truck Manufacturing
The provisions of this subsection are not consistent with USEPA
RACT guidelines. However, the State has made an adequate demonstration
that there are no sources in nonattainment areas in this source
category. USEPA is approving this negative declaration into the SIP as
fulfilling the RACT requirement for these source categories. In
addition, USEPA is approving the submitted rules into the SIP for their
strengthening effect, but not as meeting RACT. If major VOC sources
falling under this category are constructed in an ozone nonattainment
area, these sources will be required to control their emissions with
the lowest achievable emission rate under New Source Review provisions.
In addition, the State's negative declaration would no longer be
supportable and the State would then need to submit RACT rules for this
category.
F. Graphic Arts
Sources are allowed to comply with the regulation through the use
of an alternative VOC emission reduction system demonstrated to have at
least 90 percent reduction efficiency, as measured across the control
system. The regulation was revised to require that any such alternative
system be not only approved by the WDNR, but also submitted to the
USEPA as a site-specific SIP revision. Any such revision would not
become effective for Federal purposes until approved by the USEPA.
In addition, the regulation was revised to require that the overall
emission reduction efficiency of any capture system and control device
be at least 75 percent where a publication rotogravure process is
employed, 65 percent where a packaging rotogravure process is employed,
and 60 percent where a flexographic printing process is employed.
G. Miscellaneous Metal Parts and Products
The applicability subsection has been modified to eliminate the
exemption for coating operations involved in the application of
specialized coatings required by State of Federal agencies on products
made for their use. The exemptions for adhesives, sealants or fillers
and the silk screening of metal parts and products and the emission
limitations for pretreatment coats have been revised to apply only to
facilities located outside the counties of Door, Kenosha, Kewaunee,
Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington
and Waukesha.
In addition, this section contains emission limitations for high
performance architectural coatings which have not previously been
incorporated into the State's SIP. This rule limits such coatings to
5.4 and 5.8 pounds of VOC per gallon of coating, excluding water, for
prime coating and other coatings, respectively. These limits apply only
to sources using such coatings prior to July 1, 1983, and located
outside the counties of Brown, Calumet, Dane, Dodge, Door, Fond du Lac,
Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee,
Racine, Rock, Sheboygan, Walworth, Washington, Waukesha and Winnebago.
H. Fire Truck and Emergency Response Vehicle Manufacturing
This section, not previously incorporated into the State's SIP,
applies to coating operations of fire truck and emergency response
vehicle manufacturing where meeting applicable miscellaneous metals
emission limits is not technologically or economically feasible and
where total facility production is less than 35 vehicles per day. This
section establishes the following emission limitations: 6.66 pounds per
gallon of coating, excluding water, delivered to a coating applicator
that applies pretreatment coats; 4.44 pounds per gallon of coating,
excluding water, delivered to a coating applicator that applies prime
coats; 6.00 pounds per gallon of coating, excluding water, delivered to
a coating applicator that applies topcoats; and 3.5 pounds per gallon
of coating, excluding water, delivered to a coating applicator that
applies clear coats. Coating operations subject to this section may not
be involved in an internal offset. It should be noted that the only
facility affected by this regulation is located in an attainment area.
U.S. EPA is approving this negative declaration into the SIP. In
addition, USEPA is approving the submitted rules into the SIP for their
strengthening effect, but not as meeting RACT. If VOC sources falling
under this category are constructed in an ozone nonattainment area,
these sources will be required to control their emissions with the
lowest achievable emission rate under New Source Review provisions. In
addition, the State's negative declaration would no longer be
supportable and the State would then need to submit RACT rules for this
category.
VI. Chapter NR 423: Control of Organic Compound Emissions from Solvent
Cleaning Operations
This chapter contains definitions and specific regulations
pertaining to solvent metal cleaning, perchloroethylene dry cleaning,
and petroleum liquid solvent dry cleaning.
A. Solvent Metal Cleaning; Exemptions
The exemption which applies to cold cleaners to which not more than
1.5 gallons of solvent per day is added and to open top vapor,
conveyorized vapor or conveyorized non-vapor degreasers whose emissions
of VOCs are not more than 15 pounds in any one day nor more than 3.1
pounds in any one hour which are located outside the counties of Brown,
Calumet, Dane, Dodge, Fond du Lac, Jefferson, Kenosha, Manitowoc,
Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth,
Washington, Waukesha and Winnebago has been revised to require that the
sources also be located outside the counties of Door and Kewaunee.
An exemption was added for conveyorized non-vapor degreasers with a
total horizontal solvent-air interface smaller than 21.6 square feet or
to conveyorized non-vapor degreasers which are located outside the
counties of Brown, Calumet, Dane, Dodge, Door, Fond du Lac, Jefferson,
Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine,
Rock, Sheboygan, Walworth, Washington, Waukesha and Winnebago.
B. Solvent Metal Cleaning; Equivalent Control
This section was revised to require that any equivalent control
system approved by the WDNR be submitted to, and not become effective
for Federal purposes until approved by, the USEPA as a site-specific
SIP revision.
C. Solvent Metal Cleaning; Conveyorized Non-Vapor Degreasers
This section was revised to distinguish between conveyorized vapor
degreasers and the much less common conveyorized non-vapor degreasers.
The State adopted control requirements consistent with those previously
approved for conveyorized vapor degreasers including: minimizing
entrance and exit openings during operation, providing downtime covers
for closing off the entrance and exit, placing downtime covers over the
entrances and exits immediately after the conveyors and exhausts are
shut down and not removing until just before start-up, minimizing
carryout emissions, storing waste solvent in covered containers,
disposing of waste in such a way as to prevent more than 15 percent of
the waste solvent to evaporate, and repairing solvent leaks
immediately. In addition, sources must install and operate a carbon
adsorption system demonstrated to have at least 95 percent control
efficiency or an equivalent control system approved by the WDNR and
submitted to the USEPA as a site-specific SIP revision. Any such
revision would not become effective for Federal purposes until approved
by the USEPA.
D. Perchloroethylene Dry Cleaning
This section exempts sources which provide satisfactory
documentation to the WDNR showing that an adsorber cannot be
accommodated because of inadequate space or because insufficient steam
capacity is available to desorb adsorbers. This exemption was revised
to require that any exemption determinations made by the WDNR be
submitted to, and not become effective for Federal purposes until
approved by, the USEPA as a site-specific SIP revision.
E. Petroleum Liquid Solvent Dry Cleaning
The applicability subsection has been modified to apply to
facilities having maximum theoretical emissions of VOCs greater than or
equal to 25 tpy and which are located in the counties of Kenosha,
Milwaukee, Ozaukee, Racine, Washington or Waukesha, or having maximum
theoretical emissions of VOCs greater than or equal to 100 tpy and
which are located in the counties of Door, Kewaunee, Manitowoc,
Sheboygan or Walworth.
VII. Chapter NR 424: Control of Organic Compound Emissions from Process
Lines
This chapter contains definitions and specific regulations
pertaining to process lines emitting organic compounds and aerosol can
filling.
Aerosol Can Filling
This section, not previously incorporated into the State's SIP,
applies to any aerosol can filling facility which has maximum
theoretical emissions of VOCs greater than or equal to 100 tpy and
which is located in the counties of Door, Kewaunee, Manitowoc,
Sheboygan or Walworth, or which has maximum theoretical emissions of
VOCs greater than or equal to 25 tpy and which is located in the
counties of Kenosha, Milwaukee, Ozaukee, Racine, Washington, or
Waukesha. The regulation requires that facilities install and operate a
through-the-valve filling system on the aerosol can filling line, or
install and operate a vapor recovery system or other device approved by
the WDNR which reduces the amount of VOCs emitted by at least 52
percent by weight. Any approval of an alternative device issued by the
WDNR must be submitted to the USEPA as a site-specific SIP revision.
Any such revision would not become effective for Federal purposes until
approved by the USEPA.
VIII. Chapter NR 425: Compliance Schedules, Exceptions, Registration
and Deferrals for Organic Compound Emission Sources in Chapters 419 to
424
This chapter contains definitions and provisions relating to
compliance schedules; exceptions, registrations and nonozone season
allowances; and internal offsets.
A. Compliance Schedules
While most of the compliance schedules are contained in this
chapter, some are included in the chapter containing the control
methods. The regulations have been revised to allow sources previously
exempt from the regulations and now subject to the ``catch-up'' rules
until May 31, 1995 to comply. In addition, for sources which previously
received the WDNR's approval to use an alternative or equivalent
control method or procedure for determining compliance, the sources are
allowed up to 12 months after the effective date of the rule before the
applicable control methods specified under NR 419 to 424 and reference
methods specified under NR 439 can become federally enforceable. Since
these sources will be newly subject to RACT, a period of twelve months
from the date of adoption of these regulations is reasonable. The
compliance dates for the remaining sources have all past. This
provision is acceptable because Chapters NR 419 to 424 and 439 are
being approved for incorporation into the State's SIP.
B. Exceptions, Registrations and Nonozone Season Allowances
This subsection allows sources meeting the requirements of NR 419
to 425 by means of a natural gas-fired incinerator to use that
incinerator only during the ozone season, provided that its operation
is not required for purposes of occupational health or safety or for
the control of toxic or hazardous substances, malodors, or other
pollutants. In addition, this provision may be applied, subject to WDNR
approval, when the requirements of NR 419 to 425 are met by use of
other energy intensive control devices. This subsection was revised to
require that any such approval issued by the WDNR be submitted to, and
not become effective for Federal purposes until approved by, the USEPA
as a site-specific SIP revision.
C. Internal Offsets
This section allows sources to choose to demonstrate compliance
through the use of an internal offset (an internal emissions trade or
``bubble'') under one of two subsections. Under the first subsection,
the internal offset plan must be consistent with the USEPA's ``Emission
Trading Policy Statement; General Principles for Creation, Banking and
Use of Emission Reduction Credits,'' 51 FR 43814, December 4, 1986
(ETPS). In addition, this plan must be submitted to the USEPA and would
not become effective for Federal purposes until it had been approved by
the USEPA as a source-specific SIP revision. Under the second
subsection, the internal offset plan would be approved by the WDNR
under generic internal offset provisions. These generic provisions are
consistent with the USEPA's ETPS. Under this section, only the
following coating source categories may achieve compliance through the
use of an internal offset: can coating, coil coating, paper coating,
leather coating, automobile and light-duty truck manufacturing, metal
furniture coating, large appliance coating, magnet wire coating, flat
wood panel coating, graphic arts, and miscellaneous metal parts and
products coating.
IX. Chapter NR 439: Reporting, Recordkeeping, Testing, Inspection and
Determination of Compliance Requirements
This chapter contains definitions and provisions relating to
reporting, recordkeeping, access to records and inspections, compliance
determinations, emission testing, fuel sampling and analysis,
continuous emission monitoring, circumvention, and malfunction
prevention and abatement plans.
A. Recordkeeping and Reporting
This section has been revised to add detailed recordkeeping and
reporting requirements for coating sources. Additional specific
requirements have been included for sources complying through the use
of daily volume-weighted averaging, internal offsets, or control
devices.
B. Methods and Procedures for Determining Compliance with Emission
Limitations
When tests or a continuous monitoring system are required, sources
must use either the reference methods specified in this chapter or an
alternative or equivalent method approved (or other specific method
required) by the WDNR to determine compliance with emission
limitations. Any alternative, equivalent or other specific method
approved or required by the WDNR must be submitted to, and will not
become effective for Federal purposes until approved by, the USEPA as a
site-specific SIP revision.
X. Chapter NR 484: Incorporation By Reference
This chapter incorporates by reference testing, monitoring and
other technical standards established by the Federal Government and
technical societies and organizations.
The State has revised this chapter adding a reference to the
USEPA's ``Emissions Trading Policy Statement; General Principles for
Creation, Banking and Use of Emission Reduction Credits'' and the
``Standard Industrial Classification Manual.'' In addition, the State
has revised outdated references.
The USEPA has evaluated all of Wisconsin's rules, as submitted on
September 22, 1993, for consistency with the requirements of the Act,
USEPA regulations and the USEPA's interpretation of these requirements
as expressed in USEPA policy guidance documents. The USEPA has found
that the rules meet the requirements applicable to ozone and are,
therefore, approvable for incorporation into the State's ozone
SIP.9 A more complete discussion of the USEPA's review of the
State's regulations is contained in technical support documents dated
March 5, 1987; July 14, 1987; October 19, 1987; January 11, 1988; April
14, 1988; November 17, 1988; April 24, 1989; November 27, 1990; May 1,
1991; and September 27, 1993. The USEPA is proposing to approve this
revision as fully meeting the following: the requirement of Wisconsin's
March 9, 1984 SIP that the State submit major source non-CTG RACT
regulations; the USEPA's SIP call of May 26, 1988; and the RACT fix-up
requirement of section 182(a)(2)(A) of the Act. Additionally, the USEPA
is proposing to approve these rules as meeting part of the RACT catch-
up requirements of section 182(b)(2) of the Act. Again, it should be
noted that these requirements will be completely fulfilled once
Wisconsin submits and USEPA approves rules for the State's remaining
major non-CTG sources; these rules are expected in 1994. Section 193 of
the Clean Air Act, as amended in 1990, prohibits the modification of
control requirements in effect before November 15, 1990 in
nonattainment areas, unless the modification insures equivalent or
greater emission reductions. USEPA believes that these proposed rules
will result in a reduction of ozone substantially beyond what the
current Wisconsin SIP requires.
---------------------------------------------------------------------------
\9\The USEPA is approving rules NR 421.03, NR 421.04, NR 422.09,
NR 422.155 into the SIP for their strengthening effect, but not as
meeting RACT.
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This proposed revision is being parallel processed because portions
of the rules submitted on September 22, 1993 have been adopted by the
WDNR's Natural Resources Board, but are not as yet fully effective at
the State level. The USEPA is proposing to take final action approving
these rules providing they become fully effective in their current form
and are submitted to USEPA in a timely fashion.
Regulatory Process
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). A revision to the SIP processing
review tables was approved by the Acting Assistant Administrator for
the Office of Air and Radiation on October 4, 1993 (Michael Shapiro's
memorandum to Regional Administrators). A future notice will inform the
general public of these tables. Under the revised tables this action
remains classified as a Table 2. On January 6, 1989, the Office of
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions
(54 FR 2222) from the requirements of section 3 of Executive Order
12291 for 2 years. The USEPA has submitted a request for a permanent
waiver for Table 2 and 3 SIP revisions. The OMB has agreed to continue
the waiver until such time as it rules on the EPA's request. This
request continued in effect under Executive Order 12866 which
superseded Executive Order 12291 on September 30, 1993.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the
USEPA must prepare a regulatory flexibility analysis assessing the
impact of any proposed or final rule on small entities. 5 U.S.C. 603
and 604. Alternatively, The USEPA may certify that the rule will not
have a significant impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
State Implementation Plan approvals under section 110 and
subchapter I, part D of the Act do not create any new requirements, but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not impose any new
requirements, I certify that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-state relationship under the Act, preparation of a regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Act forbids the USEPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
E.P.A, 427 U.S. 256, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: February 10, 1994.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 94-4371 Filed 2-24-94; 8:45 am]
BILLING CODE 6560-50-F
