[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