[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Rules and Regulations]
[Pages 15706-15708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8436]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI61-01-7144a; FRL-5426-2]
Approval and Promulgation of State Implementation Plan;
Wisconsin; Lithographic Printing SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA approves a revision to the Wisconsin State
Implementation Plan (SIP) for ozone that was submitted on May 12, 1995,
and supplemented on June 14, 1995, and November 14, 1995. This revision
consists of a volatile organic compound (VOC) regulation which
establishes reasonably available control technology (RACT) for
lithographic printing facilities. This regulation was submitted to
address, in part, the requirement of section 182(b)(2)(C) of the Clean
Air Act (CAA or Act) that states revise their SIPs to establish RACT
regulations for major sources of VOCs for which the USEPA has not
issued a control technology guidelines (CTG) document. In addition,
emission reductions resulting from this rule are being used by the
State to fulfill, in part, the requirement of section 182(b)(1) of the
Act that States submit a plan that provides for a 15 percent reduction
in VOC emissions by 1996.
In the proposed rules section of this Federal Register, the EPA is
proposing approval of, and soliciting comments on, this requested SIP
revision. If
[[Page 15707]]
adverse comments are received on this action, the EPA will withdraw
this final rule and address the comments received in response to this
action in a final rule on the related proposed rule, which is being
published in the proposed rules section of this Federal Register. A
second public comment period will not be held. Parties interested in
commenting on this action should do so at this time. This approval
makes federally enforceable the State's rule that has been incorporated
by reference.
DATES: The ``direct final'' is effective on June 10, 1996, unless EPA
receives adverse or critical comments by May 9, 1996. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Copies of the proposed SIP revision and EPA's analysis are
available for inspection at the U.S. Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. (Please telephone Kathleen D'Agostino at (312)
886-1767 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Regulation Development Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, Chicago, Illinois
60604, (312) 886-1767.
SUPPLEMENTARY INFORMATION: Section 182(b) of the Clean Air Act, as
amended on November 15, 1990, sets forth the requirements for ozone
nonattainment areas which have been classified as moderate or above. In
Wisconsin, the counties of Kewaunee, Manitowoc, and Sheboygan and the
Milwaukee area (including Kenosha, Milwaukee, Ozaukee, Racine,
Washington, and Waukesha Counties) are classified as moderate or above.
Section 182(b)(2)(C) requires that states submit revisions to the SIP
for major sources of VOCs for which the EPA has not issued a control
technology guidelines (CTG) document. The USEPA was required to develop
a CTG document for lithographic printing by November 15, 1993. However,
because the USEPA failed to do this, the requirement of section
182(b)(2)(C) is applicable. Because there are lithographic printing
facilities in the nonattainment areas which exceed major threshold
levels, the State of Wisconsin developed a non-CTG regulation for this
category. This regulation was submitted to USEPA on May 12, 1995, and
supplemented on June 14, 1995.
Additionally, section 182(b)(1)(A) requires those states with ozone
nonattainment areas classified as moderate or above to submit plans to
reduce VOC emissions by at least 15 percent from the 1990 baseline
emissions. The 1990 baseline, as described by EPA's emission inventory
guidance, is the amount of anthropogenic VOC emissions emitted on a
typical summer day. Wisconsin submitted its 15 percent plan on June 14,
1995. Included in this plan were reductions generated by the
lithographic printing rule.
Wisconsin's rule applies to all lithographic printing presses at
any facility which is located in the county of Kenosha, Kewaunee,
Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or
Waukesha and which has maximum theoretical emissions (MTE) of VOCs from
all lithographic printing presses at the facility greater than or equal
to 1666 pounds in any month. This is roughly equivalent to an
applicability threshold of 10 tons per year MTE, which is well below
the major source threshold of 100 tons per year for moderate areas and
25 tons per year for severe areas.
The following is a summary of the emission limitations contained in
the State's regulation.
Dryer exhaust. For heatset web presses, NR 422.142(2)(a) requires
that a dryer pressure lower than the press room pressure must be
maintained at all points inside the dryer. Additionally, VOC emissions
from the press dryer exhaust must be reduced by 90 percent by weight of
total organics, minus methane and ethane, or the maximum dryer exhaust
outlet concentration must not exceed 20 ppmv, as carbon. The State's
rule allows a source to reduce VOC emissions in the dryer exhaust by 85
percent if it is controlled by a catalytic incinerator installed or
modified before January 1, 1992.
Fountain solutions. NR 422.142(2)(b) contains the requirements for
fountain solutions. For heatset web presses, when printing on a
substrate other than metal, metal-foil or plastic, the fountain
solution must have an as applied VOC content of no more than one of the
following: (1) 1.6 percent by weight if the fountain solution contains
any restricted alcohol and is not refrigerated to 60 deg.F or less; (2)
3.0 percent by weight if the fountain solution contains any restricted
alcohol and is refrigerated to 60 deg.F or less; and 5.0 percent by
weight if the fountain solution contains no restricted alcohol.
(Restricted alcohol is defined as an alcohol which contains only one
hydroxyl (--OH) group and less than 5 carbon atoms.)
For non-heatset web presses, when printing on a substrate other
than metal, metal-foil or plastic, the fountain solution must have an
as applied VOC content of no more than 5.0 percent by weight and
contain no restricted alcohol.
For sheet-fed presses, when printing on a substrate other than
metal, metal-foil or plastic, the fountain solution must have an as
applied VOC content of no more than 5.0 percent by weight, or 8.5
percent by weight if the fountain solution is refrigerated to 60 deg.F
or less.
When printing on metal, metal-foil, or plastic substrates, the
fountain solution must have an as applied VOC content of no more than
13.5 percent by weight if the fountain solution contains any restricted
alcohol and is refrigerated to 60 deg.F or less or the VOC content
allowed above, as appropriate for the type of press operated.
Blanket or roller wash. The provisions related to blanket or roller
washes are found at NR 422.142(2)(c). In general, blanket or roller
washes must have an as applied VOC content of no greater than 30
percent by weight, or a vapor pressure for each VOC component of less
than or equal to 10 millimeters of mercury at 68 deg.F. The State does
allow an exemption from this requirement provided that the amount used
at the facility over any 12 consecutive months does not exceed 55
gallons, if the facility does not print on plastic substrates, or 165
gallons, if the facility does print on plastic substrates.
The State's regulation includes appropriate compliance testing,
recordkeeping and reporting requirements at NR 422.142 (4), (5) and
(6). Sources are required to comply with the State's regulation by July
1, 1996, and to submit written certification of compliance no later
than September 1, 1996.
A more detailed analysis of the State's submittal is contained in
EPA's technical support document dated November 22, 1995. In
determining the approvability of this VOC rule, EPA evaluated the rule
for consistency with Federal requirements, including section 110 and
part D of the Clean Air Act. In addition, EPA has reviewed the
Wisconsin rule in accordance with EPA policy guidance documents,
including: Control of Volatile Organic Compound Emissions from Offset
Lithographic Printing: Draft, September 1993, EPA's Offset Lithographic
Printing Model Rule, draft dated July 7, 1994; Alternative Control
Techniques Document: Offset
[[Page 15708]]
Lithographic Printing, June 1994; and a memorandum from G.T. Helms to
the Air Branch Chiefs, dated August 10, 1990, on the subject of
``Exemption for Low-Use Coatings.'' The EPA has found that this rule
meets the requirements applicable to ozone and is, therefore,
approvable for incorporation into the State's ozone SIP.
Because the EPA considers this action noncontroversial and routine,
we are approving it without prior proposal. This action will become
effective on June 10, 1996. However, if we receive adverse comments by
May 9, 1996, EPA will publish a document that withdraws this action.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The EPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
of any proposed or final rule on small entities (5 U.S.C. Secs. 603 and
604). Alternatively, EPA 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.
This approval does not create any new requirements. Therefore, I
certify that this action 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 the regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids EPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 256-66 (1976).
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action approves preexisting-existing requirements
under State or local law, and imposes no new Federal requirements.
Accordingly, no additional costs to State, local, or tribal
governments, or the private sector, result from this action.
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 10, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(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.
Dated: January 29, 1996.
David A. Ullrich,
Acting Regional Administrator.
40 CFR part 52, Subpart YY, is amended as follows:
Subpart YY--Wisconsin
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.2570 is amended by adding paragraph (c)(89) to read
as follows:
Sec. 52.2570 Identification of Plan.
* * * * *
(c) * * *
(89) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on May 12,
1995, and supplemented on June 14, 1995 and November 14, 1995. This
revision consists of volatile organic compound regulations which
establish reasonably available control technology for lithographic
printing facilities.
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
(A) NR 422.02(6), (18s), (21e), (24p), (24q), (28g), (37v), (41y)
and (50v) as created and published in the (Wisconsin) Register, June,
1995, No. 474, effective July 1, 1995.
(B) NR 422.04(4) as amended and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
(C) NR 422.142 as created and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
(D) NR 439.04(5)(d)1.(intro.) as renumbered from
439.04(5)(d)(intro.), amended, and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
(E) NR 439.04(5)(d)1. a. and b. as renumbered from 439.04(5)(d)1.
and 2., and published in the (Wisconsin) Register, June, 1995, No. 474,
effective July 1, 1995.
(F) NR 439.04(5)(d)2 as created and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
(G) NR 439.04(5)(e)(intro.) as amended and published in the
(Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995.
(H) NR 439.06(3)(j) as created and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
(I) NR 484.04(13m), (15e) and (15m) as created and published in the
(Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995.
(J) NR 484.10(39m) as created and published in the (Wisconsin)
Register, June, 1995, No. 474, effective July 1, 1995.
* * * * *
[FR Doc. 96-8436 Filed 4-8-96; 8:45 am]
BILLING CODE 6560-50-P
