[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]
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