[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19842]


[[Page Unknown]]

[Federal Register: August 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WI39-02-6384; FRL-4894-2]

 

Approval and Promulgation of Implementation Plan; Wisconsin

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is approving a revision to Wisconsin's State 
Implementation Plan (SIP) for ozone. On September 22, 1993, and January 
14, 1994, 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.

EFFECTIVE DATE: This final rule is effective September 14, 1994.

ADDRESSES: Copies of the SIP revision request and the USEPA's analysis 
are available for inspection at the following location: (It is 
recommended that you telephone Kathleen D'Agostino at (312) 886-1767 
before visiting the Region 5 office.)

United States Environmental Protection Agency, 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), United States Environmental Protection 
Agency, Region 5, Chicago, Illinois 60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION: On February 25, 1994 (59 FR 9158), the USEPA 
published a document proposing approval of revisions to the Wisconsin 
SIP for ozone which were submitted for parallel processing on September 
22, 1993. On January 14, 1994, the State submitted final rules to 
replace the portions of the September 22, 1993, submittal which were 
not yet fully effective. Today the USEPA is taking final action to 
approve these revisions.

Background

    On September 22, 1993, Wisconsin submitted VOC rules to the USEPA 
as a proposed revision to the State's ozone SIP. The proposed revision 
was submitted to the USEPA for parallel processing because portions of 
the rules had been adopted by the WDNR's Natural Resources Board, but 
were not as yet fully effective at the State level. On January 14, 
1994, the State submitted fully effective rules to complete the 
September 22, 1993, submittal.
    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.\1\ 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. A detailed 
discussion of the background for the above rules and nonattainment 
areas is provided in the notice of proposed rulemaking (NPR) cited 
above.
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    \1\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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    The USEPA has evaluated all of Wisconsin's rules, as submitted on 
September 22, 1993, and January 14, 1994, for consistency with the 
requirements of the Act, USEPA regulations and the USEPA's 
interpretation of these requirements as expressed in the various USEPA 
policy documents referenced in the NPR. The USEPA has found that the 
rules meet the requirements applicable to ozone and is, therefore, 
approving the rules for incorporation into the State's ozone SIP.\2\ A 
detailed discussion of the rule provisions and evaluations has been 
provided in the NPR and in technical support documents available at the 
USEPA's Region 5 office.
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    \2\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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Public Comments

    A 30-day public comment period was provided in the NPR. The USEPA 
received no comments on the proposed action.

USEPA Action

    The USEPA is today approving the above-referenced rules into 
Wisconsin's ozone SIP 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.

Regulatory Process

    This action makes final the action proposed at 59 FR 9158. As noted 
elsewhere in this document, USEPA received no adverse public comment on 
the proposed action. As a direct result, the Regional Administrator has 
reclassified this action from Table 2 to a Table 3 under the processing 
procedures established at 54 FR 2214, January 19 1989.
    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. 
EPA, 427 U.S. 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 October 14, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Air pollution control, Environmental protection, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: May 11, 1994.
Michelle D. Jordan,
Acting Regional Administrator.

    40 CFR part 52, Subpart YY, 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)(73) to read 
as follows:


Sec. 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (73) Revisions to the ozone State Implementation Plan (SIP) were 
submitted by the Wisconsin Department of Natural Resources on September 
22, 1993, and January 14, 1994. These rules replace the 154 series 
stationary source VOC regulations previously contained in Wisconsin's 
ozone SIP with 400 series regulations which are consistent with the 
current Wisconsin Administrative Code. These rules are only being 
approved as they apply to the ozone SIP.
    (i) Incorporation by reference. The following chapters of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) Chapter NR 400: Air Pollution Control Definitions.
    (B) Chapter NR 419: Control of Organic Compound Emissions, except 
for NR 419.07.
    (C) Chapter NR 420: Control of Organic Compound Emissions from 
Petroleum and Gasoline Sources.
    (D) Chapter NR 421: Control of Organic Compound Emissions from 
Chemical, Coatings and Rubber Products Manufacturing.
    (E) Chapter NR 422: Control of Organic Compound Emissions from 
Surface Coating, Printing and Asphalt Surfacing Operations.
    (F) Chapter NR 423: Control of Organic Compound Emissions from 
Solvent Cleaning Operations.
    (G) Chapter NR 424: Control of Organic Compound Emissions from 
Process Lines.
    (H) Chapter NR 425: Compliance Schedules, Exceptions, Registration 
and Deferrals for Organic Compound Emission Sources in CHS. NR 419 to 
424.
    (I) Chapter NR 439: Reporting, Recordkeeping, Testing, Inspection 
and Determination of Compliance Requirements.
    (J) Chapter NR 484: Incorporation by Reference.

[FR Doc. 94-19842 Filed 8-12-94; 8:45 am]
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