[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Rules and Regulations]
[Pages 38722-38725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18523]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI49-01-6738a; FRL-5254-4]
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 revisions to Wisconsin's State Implementation Plan (SIP) for
ozone which were submitted to the USEPA on April 17, 1990, and June 30,
1994, and supplemented on July 15, 1994. Included in these revisions is
a volatile organic compound (VOC) regulation which establishes
reasonably available control technology (RACT) for screen printing
facilities. Additionally, the State has submitted current negative
declarations for pre-1990 Control Technology Guideline (CTG) categories
for which Wisconsin does not have rules as well as a list of major
sources affected by the 13 CTG categories that USEPA is required to
issue pursuant to sections 183(a), 183(b)(3) and 183(b)(4) of the Clean
Air Act (Act). These revisions were submitted to address, in part, the
requirement of section 182(b)(2)(B) of the Act that States adopt RACT
regulations for sources covered by pre-1990 CTG documents, and the
requirement of section 182(b)(2)(C) of the Act that States revise their
SIPs to establish RACT regulations for major sources of VOCs for which
the USEPA has not issued a 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. Parties interested in commenting on
this action should do so at this time.
DATES: This action will be effective September 26, 1995 unless an
adverse comment is received by August 28, 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,
[[Page 38723]]
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) 886-6036.
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)(B)
requires that States adopt RACT regulations for sources covered by pre-
1990 CTG documents. Section 182(b)(2)(C) 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).
Negative Declarations
Wisconsin has not promulgated RACT regulations for several pre-1990
CTG categories because there are no sources located in the ozone
nonattainment areas that would be affected. Therefore, to satisfy the
requirement of section 182(b)(2)(B), the State is required to
officially certify that there are currently no sources in the
nonattainment areas that would be covered by these categories. The
State submitted current negative declarations for the following
categories on April 17, 1990, and June 30, 1994: (1) leaks from
petroleum refinery equipment; (2) manufacture of synthesized
pharmaceutical products; (3) manufacture of pneumatic rubber tires; (4)
automobile and light duty truck manufacturing; (5) fire truck and
emergency response vehicle manufacturing; (6) manufacture of high-
density polyethylene, polypropylene, and polystyrene resins, a.k.a.
polymer manufacturing; (7) leaks from synthetic organic chemical and
polymer manufacturing equipment; (8) air oxidation processes at
synthetic organic chemical manufacturing industries; and (9) equipment
leaks from natural gas/gasoline processing plants.
List of Major Sources Subject to Post-1990 CTG Source Categories
Pursuant to sections 183(a), 183(b)(3) and 183(b)(4) of the Act,
USEPA was required to develop CTG documents for 13 source categories by
November 15, 1993. A list of these source categories, contained in
Appendix E to the General Preamble, was published in the Federal
Register on April 28, 1992 (57 FR 18070). The State was required to
submit a list of major sources that would be subject to these post-1990
CTG documents. On June 30, 1994, Wisconsin submitted this list which
included facilities in four source categories: (1) cleanup solvents;
(2) offset lithography; (3) plastic parts coating; and (4) wood
furniture coating.
Screen Printing
Because the USEPA has not issued a CTG for screen printing, the
State of Wisconsin developed a non-CTG regulation for this category.
This regulation was submitted to the USEPA on June 30, 1994, and
supplemented on July 15, 1994. The Wisconsin rule applies to screen
printing facilities which: 1) are located in the counties of Kenosha,
Milwaukee, Ozaukee, Racine, Washington or Waukesha and have maximum
theoretical emissions of VOCs from all screen printing units greater
than 25 tons per year, or 2) are located in the counties of Kewaunee,
Manitowoc, or Sheboygan and have maximum theoretical emissions of VOCs
from all screen printing units greater than 100 tons per year. Sources
are required to achieve final compliance with this regulation no later
than May 31, 1995.
In its rule, Wisconsin establishes a general emission limit of 3.3
pounds of VOC per gallon of ink or coating, excluding water, as
applied. This limit is applicable to all printing operations at screen
printing facilities, except for those using special purpose inks and
coatings or those involved in roll coating operations.
Wisconsin's rule defines special purpose inks and coatings as those
inks and coatings which are conductive; used to print ink transfers
(decals); or designed to resist or withstand any of the following: more
than 2 years of outdoor exposure; exposure to chemicals, solvents,
acids, detergent, oil products, or cosmetics; temperatures in excess of
170 F; vacuum forming; embossing; or molding. The emissions limit
established in the Wisconsin rule for special purpose inks and coatings
is 6.7 pounds per gallon, excluding water, as delivered to an
applicator. Wisconsin's rule establishes a limit of 6.7 pounds per
gallon for roll coating operations occurring at screen printing
facilities.
Additionally, for screen reclamation processes, the Wisconsin rule
establishes a limit of 0.24 kilograms per square meter (0.050 pounds of
VOC per square foot) of screen reclaimed, calculated on a daily average
basis for each day of operation.
With respect to recordkeeping requirements, the regulation requires
sources to collect and record the following information: a unique name
or identification number for each coating, as applied; the VOC content
of each coating, as applied, in units of pounds of VOC per gallon,
excluding water; the daily average VOC emission rate from screen
reclamation in kilograms per square meter (pounds per square foot) of
screen reclaimed; the amount of VOCs emitted during the day from screen
reclamation in kilograms (pounds); and the total surface area of screen
reclaimed during the day in square meters (square feet).
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;'' South Coast Air Quality Management District
rule 1130, as approved in the Federal Register on September 29, 1993
(58 FR 50884); and Bay Area Management District rule 8-20 as approved
in the Federal Register on March 22, 1995 (60 FR 15062). The USEPA has
found that the rule meets the requirements applicable to ozone and is,
therefore, approvable for incorporation into the State's ozone SIP. A
more complete discussion of the USEPA's review of the State's
regulation is contained in a technical support document dated April 7,
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 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
[[Page 38724]]
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 September 26, 1995,
unless USEPA receives adverse or critical comments by August 28, 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 notice which
withdraws this final action. All public comments received will then be
addressed in a subsequent final rulemaking notice. 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 September 26, 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. section 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.
sections 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 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 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the
USEPA 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 USEPA 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 USEPA
to establish a plan for informing and advising any small governments
that may be significantly or uniquely impacted by the rule.
The USEPA 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 pre-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 September 26, 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: June 20, 1995.
David A. Ullrich,
Acting Regional Administrator.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart YY--Wisconsin
2. Section 52.2570 is amended by adding paragraph (c)(82) to read
as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(82) Revisions to the ozone State Implementation Plan (SIP) were
submitted by the Wisconsin Department of Natural Resources on April 17,
1990, and June 30, 1994, and supplemented on July 15, 1994. Included in
these revisions is a volatile organic compound (VOC) regulation which
establishes reasonably available control technology (RACT) for screen
printing facilities. Additionally, the State submitted current negative
declarations for pre-1990 Control Technology Guideline (CTG) categories
for which Wisconsin does not have rules as well as a list of major
sources affected by the 13 CTG categories that USEPA is required to
issue pursuant to sections 183(a), 183(b)(3) and 183(b)(4) of the Clean
Air Act (Act).
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
(A) NR 422.02(11m), (21s), (41p), (41s), (41v) and (42m) as created
and published in the (Wisconsin) Register, June, 1994, No. 462,
effective July 1, 1994. NR 422.02(32) as amended and published in the
(Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994.
(B) NR 422.03(4m) as created and published in the (Wisconsin)
Register, June, 1994, No. 462, effective July 1, 1994.
(C) NR 422.145 as created and published in the (Wisconsin)
Register, June, 1994, No. 462, effective July 1, 1994.
(D) NR 439.04(4)(intro.) and (5)(a) as amended and published in the
(Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994.
(ii) Additional material.
(A) On April 17, 1990, and June 30, 1994, Wisconsin submitted
negative declarations for the following source categories: Leaks from
petroleum
[[Page 38725]]
refinery equipment; Manufacture of synthesized pharmaceutical products;
Mmanufacture of pneumatic rubber tires; Automobile and light duty truck
manufacturing; Fire truck and emergency response vehicle manufacturing;
Manufacture of high-density polyethylene, polypropylene, and
polystyrene resins, a.k.a. polymer manufacturing; Leaks from synthetic
organic chemical and polymer manufacturing equipment; Air oxidation
processes at synthetic organic chemical manufacturing industries; and
Equipment leaks from natural gas/gasoline processing plants. These
negative declarations are approved into the Wisconsin ozone SIP.
(B) On June 30, 1994, Wisconsin submitted a list of facilities
subject to the post-enactment source categories listed in Appendix E to
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). The list
included facilities covered by the source categories cleanup solvents,
offset lithography, plastic parts coating, and wood furniture coating.
This list is approved into the Wisconsin ozone SIP.
[FR Doc. 95-18523 Filed 7-27-95; 8:45 am]
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