[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Rules and Regulations]
[Pages 39515-39516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19656]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI76-02-7305; FRL-6128-4]
Approval and Promulgation of State Implementation Plan;
Wisconsin; Site-Specific SIP Revision for Amron Corporation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rulemaking finalizes the Environmental Protection
Agency's (EPA's) disapproval of a site-specific State Implementation
Plan (SIP) revision for the Amron Corporation facility located at 525
Progress Avenue
[[Page 39516]]
in Waukesha. The SIP revision was submitted by the Wisconsin Department
of Natural Resources (WDNR) on February 21, 1997, and would exempt the
facility from the volatile organic compound (VOC) emission limits
applicable to miscellaneous metal coating operations. The EPA proposed
to disapprove this request on April 28, 1998. No negative comments were
submitted during the comment period.
DATES: This disapproval is effective August 24, 1998.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
U.S. Environmental Protection Agency, 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:
I. Background
On April 28, 1998, EPA proposed to disapprove the site-specific SIP
revision for Amron Corporation (63 FR 23239). This proposed disapproval
was based on numerous factors which are discussed in detail in the
proposed disapproval. EPA received no negative comments during the
public comment period. Therefore, EPA is finalizing the disapproval
proposed on April 28, 1998.
II. Miscellaneous
A. Applicability to Future SIP Decisions
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.
B. Executive Orders 12866 and 13045
The Office of Management and Budget has exempted this regulatory
action from Executive Order (E.O.) 12866 review.
The final rule is not subject to E.O. 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks,'' because
it is not an ``economically significant'' action under E.O. 12866.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
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 small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because this disapproval only
affects one source, Amron Corporation. Therefore, I certify that this
action will not have a significant economic impact on a substantial
number of small entities. Furthermore, as explained in this document,
the request does not meet the requirements of the Clean Air Act and EPA
cannot approve the request. EPA has no option but to disapprove the
submittal.
EPA's disapproval of the State request under section 110 and
subchapter I, part D of the Clean Air Act does not affect any existing
requirements applicable to small entities. Any pre-existing Federal
requirements remain in place after this disapproval. Federal
disapproval of the State submittal does not affect State-
enforceability. Moreover, EPA's disapproval of the submittal does not
impose any new Federal requirements. Therefore, I certify that this
action will not have a significant economic impact on a substantial
number of small entities.
D. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, 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, 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 EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
EPA has determined that this disapproval 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 disapproval action imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result.
E. Small Business Regulatory Enforcement Fairness Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 891 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding this action under
section 801 because this is a rule of particular applicability.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401-7671q
Dated: July 9, 1998.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 98-19656 Filed 7-22-98; 8:45 am]
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