[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5306-5307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2960]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI60-01-7136a; FRL-5324-5]
Approval and Promulgation of State Implementation Plan;
Wisconsin; Autobody Refinishing SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA approves a revision to the Wisconsin State
Implementation Plan (SIP) for ozone that was submitted on June 14,
1995. This revision requires the control of volatile organic compound
(VOC) emissions from facilities that perform autobody refinishing
operations. This regulation was submitted to generate reductions in VOC
emissions, which the State will use to fulfill the 15 percent
requirement of the amended Clean Air Act. In the proposed rules section
of this Federal Register, the EPA is proposing approval of, and
soliciting comments on, this requested SIP revision. If adverse
comments are received on this action, the EPA 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. This approval makes federally
enforceable the State's rule that has been incorporated by reference.
DATES: The ``direct final'' is effective on April 12, 1996, unless
USEPA receives adverse or critical comments by March 13, 1996. If the
effective date is delayed, 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 proposed SIP revision and EPA's analysis are
available for inspection at the U.S. Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. (Please telephone Douglas Aburano at (312)
353-6960 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental
Engineer, Regulation Development Section, Air Toxics and Radiation
Branch (AT-18J), U.S. Environmental Protection Agency, Region 5,
Chicago, Illinois 60604, (312) 353-6960.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b) of the Clean Air Act, as amended on November 15,
1990, sets forth the requirements for ozone nonattainment areas which
have been classified as moderate or above. Section 182(b)(1)(A)
requires those States with ozone nonattainment areas classified as
moderate or above to submit plans to reduce VOC emissions by at least
15 percent from the 1990 baseline emissions. The 1990 baseline, as
described by EPA's emission inventory guidance, is the amount of
anthropogenic VOC emissions emitted on a typical summer day. As a part
of its 15 percent plan, the State of Wisconsin has developed and
adopted a rule to reduce the VOC emissions from the autobody
refinishing operations in those areas of the State that are classified
as moderate or higher.
II. Evaluation of State Submittal
On June 14, 1995, Wisconsin submitted its 15 percent plan. Included
in this plan was the autobody refinishing rule. The EPA found that the
autobody refinishing portion of the 15 percent plan was complete in a
letter to Donald Theiler, Director of the Wisconsin Department of
Natural Resources' Bureau of Air Management, dated July 13, 1995. The
WDNR followed the required legal procedures for adopting this rule
which are prerequisites for EPA to consider including this rule in
Wisconsin's federally enforceable SIP. Public hearings for this rule
were held on December 20-21, 1994. This rule was submitted to the EPA
as a SIP revision under signature of the Governor's designee.
In developing the control requirements for this source category,
WDNR consulted the EPA's Alternative Control Techniques (ACT) document.
The WDNR adopted the coating limits for VOC content in Option 1 of the
control options found in the ACT. In addition to limiting the VOC
content of the coatings used at autobody refinishing facilities, WDNR
set standards for coating application equipment and equipment used for
cleanup. These standards adopted in the State's rule are also
consistent with the recommended requirements found in the ACT.
A more detailed analysis of the State's submittal is contained in a
July 31, 1995 technical support document, which is available at the
Regional Office listed above. In determining the approvability of this
VOC rule, EPA evaluated the rule for consistency with Federal
requirements, including section 110 and part D of the Clean Air Act.
III. Final Rulemaking Action
The EPA approves Wisconsin's autobody refinishing rule, thereby
making this rule federally enforceable.
Because EPA considers this action noncontroversial and routine, we
are approving it without prior proposal. This action will become
effective on April 12, 1996. However, if we receive adverse comments by
March 13, 1996, EPA will publish a document that withdraws this action.
IV. Miscellaneous
A. Applicability to Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The EPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
B. Executive Order 12866
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). The Office of Management and Budget
has exempted these actions from review under Executive Order 12866.
C. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
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, EPA may certify that the rule will not have a
significant
[[Page 5307]]
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.
This approval does not create any new requirements. Therefore, I
certify that this action 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 the regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids EPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 256-66 (1976).
D. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA 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.
E. Petitions for Judicial Review
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 April 12, 1996. 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
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: October 10, 1995.
Valdas V. Adamkus,
Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations 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)(83) to read
as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(83) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on June 14,
1995. This revision is a volatile organic compound (VOC) regulation
which requires controls on facilities that perform autobody refinishing
operations.
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
(A) NR 422.02(intro.) and (47), 422.03 (1) and (3) and 484.05(1) as
amended and published in the (Wisconsin) Register, August, 1995 and
effective September 1, 1995.
(B) NR 422.02 (1), (1x), (3m), (12d), (33j), (34s), (34v), (37s),
(42n), (47e) and (49m) and 422.095 as created and published in the
(Wisconsin) Register, August, 1995 and effective September 1, 1995.
(C) NR 422.02(1s) as renumbered from 422.02(1) and published in the
(Wisconsin) Register, August, 1995 and effective September 1, 1995.
[FR Doc. 96-2960 Filed 2-9-96; 8:45 am]
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