[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34170-34172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16064]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI50-01-6739a; FRL-5219-7]
Approval and Promulgation of Implementation Plans; Wisconsin
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The United States Environmental Protection Agency (USEPA)
approves a revision to Wisconsin's State Implementation Plan (SIP) for
ozone which was submitted to the USEPA on June 30, 1994 and
supplemented on July 15, 1994. This revision consists of volatile
organic compound (VOC) regulations which establish reasonably available
control technology (RACT) for yeast manufacturing, molded wood parts or
products coating, and wood door finishing. These regulations were
submitted to address, in part, the requirement of section 182(b)(2)(C)
of the Clean Air Act (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 the proposed
rules section of this Federal Register, the USEPA is proposing approval
of and soliciting public comment on this requested SIP revision. If
adverse comments are received on this action, the USEPA 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.
[[Page 34171]]
Parties interested in commenting on this action should do so at this
time.
DATES: This action will be effective August 29, 1995, unless an adverse
comment is received by July 31, 1995. If the effective date of this
action is delayed due to adverse comments, timely notice will be
published in the Federal Register.
ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief,
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Copies of the State submittal are available
for public review during normal business hours at the above address.
(It is recommended that you telephone Kathleen D'Agostino at (312) 886-
1767 before visiting the Region 5 office.)
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Regulation
Development Section, Air Toxics and Radiation Branch (AT-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Telephone: (312) 886-1767.
SUPPLEMENTARY INFORMATION: Section 182(b)(2) of the Act requires States
to adopt VOC RACT rules for all areas designated nonattainment for
ozone and classified as moderate or above. Section 182(b)(2)(C)
specifically requires that States submit revisions to the SIP for major
sources of VOCs for which the USEPA has not issued a CTG document. 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.
Because the USEPA has not issued a CTG for yeast manufacturing,
molded wood parts or products coating, or wood door finishing, the
State of Wisconsin developed non-CTG regulations for these categories.
These regulations were submitted to the USEPA by the State on June 30,
1994 and supplemented on July 15, 1994.
Yeast Manufacturing
Because each fermentation stage has a specific function in the
manufacturing of yeast, the State's regulation limits the VOC
concentration of the exhaust of each fermentation stage differently.
The State's regulation limits average VOC concentrations in the exhaust
gas stream to 100, 150, and 300 ppm for trade, first generation, and
stock fermenters, respectively. An exemption is allowed for the
fermentation of any yeast varieties which amount to less than 1 percent
by weight of the facility's total annual liquid yeast production.
Molded Wood Parts or Products Coating
For sources using flow coating, the State's regulation sets the
following limits beginning on May 30, 1995: 2.5 lbs VOC/gallon for
white pigmented prime coatings, 2.75 lbs VOC/gal for tinted pigmented
prime coatings, and 5.3 lbs VOC/gal for topcoats. The State further
tightens the limit for topcoats to 3.5 lbs VOC/gal beginning on May 1,
1997. For sources using any other application method the state sets the
following limits beginning on May 30, 1995: 5.9 lbs VOC/gal for prime
coatings and 3.5 lbs VOC/gal for topcoats. The State further tightens
the limit for prime coats to 2.5 lbs VOC/gal beginning on November 15,
1996. An exemption is granted for the use of topcoats that are applied
as a stripe not more than 1/2 inch in width to croquet balls and whose
use in aggregate never exceeds 500 gallons per year, as applied.
Wood Door Finishing
The State's regulations set the following limits: 6.9 lbs VOC/gal
on or after May 31, 1995 but before May 1, 1997 and 5.7 lbs VOC/gal on
or after May 1, 1997. Additionally, it is required that coatings only
be applied using electrostatic application, flow coating, dip coating,
low-pressure spray methods, paint brush, hand roller or roll coater.
To determine the approvability of a VOC rule, USEPA must evaluate
the rule for consistency with the requirements of section 110 and part
D of the Act. In addition, USEPA has reviewed the Wisconsin rule in
accordance with USEPA policy guidance documents and regulations,
including ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations, Clarification to Appendix D of November 24, 1987
Federal Register Notice,'' Model VOC RACT Rules as attached to the June
24, 1992 memorandum entitled ``Volatile Organic Compounds (VOC) Rules
for Reasonably Available Control Technology (RACT),'' and the Chicago
Federal Implementation Plan as published in the Federal Register on
June 29, 1990 (55 FR 26814), codified at 40 CFR Sec. 52.741. 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. A more complete discussion of the USEPA's review of the State's
regulations is contained in technical support documents dated December
21, 1994, and April 18, 1995. The USEPA is approving this revision as
meeting, in part, the RACT catch-up requirements of section 182(b)(2)
of the Act.
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, USEPA is publishing a separate document
in this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
August 29, 1995, unless USEPA receives adverse or critical comments by
July 31, 1995.
If the USEPA receives comments adverse to or critical of the
approval discussed above, USEPA will withdraw this approval before its
effective date, and publish a subsequent Federal Register document
which withdraws this final action. All public comments received will
then be addressed in a subsequent document. Any parties interested in
commenting on this action should do so at this time. If no such
comments are received, USEPA hereby advises the public that this action
will be effective on August 29, 1995.
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), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to any SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
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 economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and
[[Page 34172]]
government entities with jurisdiction over populations of less than
50,000.
The SIP 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 small entities. 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. 246, 256-66
(1976).
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 August 29, 1995. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purpose 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: May 31, 1995.
David A. Ullrich,
Acting Regional Administrator.
40 CFR part 52, 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)(81) to read
as follows:
Sec. 52.2570 Identification of Plan.
* * * * *
(c) * * *
(81) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on June 30,
1994, and supplemented on July 15, 1994. This revision consists of
volatile organic compound regulations which establish reasonably
available control technology for yeast manufacturing, molded wood parts
or products coating, and wood door finishing.
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
(A) NR 422.02(7), (34) as amended and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994. NR
422.02(12e), (18m), (24s), (27m), (33d), (34m), (46m), and (51) as
created and published in the (Wisconsin) Register, August, 1994, No.
464, effective September 1, 1994.
(B) NR 422.03(intro.) as amended and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994. NR 422.03
(8) and (9) as created and published in the (Wisconsin) Register,
August, 1994, No. 464, effective September 1, 1994.
(C) NR 422.04(1)(a) as amended and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994.
(D) NR 422.132 as created and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994.
(E) NR 422.135 as created and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994.
(F) NR 424.02 (3), (4), (5), (6), and (7) as created and published
in the (Wisconsin) Register, June, 1994, No. 462, effective July 1,
1994.
(G) NR 424.05 as created and published in the (Wisconsin) Register,
June, 1994, No. 462, effective July 1, 1994.
(H) NR 439.04(5)(a)(intro.) as amended and published in the
(Wisconsin) Register, August, 1994, No. 464, effective September 1,
1994.
(I) NR 439.075(2)(a)4. as amended and published in the (Wisconsin)
Register, June, 1994, No. 462, effective July 1, 1994.
(J) NR 439.09(7m) as created and published in the (Wisconsin)
Register, June, 1994, No. 462, effective July 1, 1994. NR 439.09(9)(b)
as amended and published in the (Wisconsin) Register, June, 1994, No.
462, effective July 1, 1994.
(K) NR 439.095 (1)(e) and (5)(e) as created and published in the
(Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994.
(L) NR 484.05(9) as renumbered from NR 484.05(2), amended and
published in the (Wisconsin) Register, August, 1994, No. 464, effective
September 1, 1994.
[FR Doc. 95-16064 Filed 6-29-95; 8:45 am]
BILLING CODE 6560-50-P
