[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5513-5515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3082]



-----------------------------------------------------------------------

[[Page 5514]]



ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WI54-01-7000a; FRL-5416-2]


Approval and Promulgation of State Implementation Plan; 
Wisconsin; Iron and Steel Foundries SIP Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA approves a revision to the Wisconsin State 
Implementation Plan (SIP) for ozone that was submitted by the State of 
Wisconsin on June 30, 1994, and supplemented on July 15, 1994. This 
revision consists of a volatile organic compound (VOC) regulation which 
establishes reasonably available control technology (RACT) for iron and 
steel foundries. This regulation was submitted to address, in part, the 
requirement of section 182(b)(2)(C) of the Clean Air Act (CAA or 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 addition, emission reductions resulting 
from this rule are being used by the State to fulfill, in part, the 
requirement of section 182(b)(1) of the Act that States submit a plan 
which provides for a 15 percent reduction in VOC emissions by 1996.
    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 15, 1996, unless EPA 
receives adverse or critical comments by March 14, 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 Kathleen D'Agostino at (312) 
886-1767 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Regulation Development Section, Air Toxics and Radiation 
Branch (AT-18J), U.S. Environmental Protection Agency, Region 5, 
Chicago, Illinois 60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION: Section 182(b) of the Clean Air Act sets 
forth the requirements for ozone nonattainment areas which have been 
classified as moderate or above. In Wisconsin, the counties of 
Kewaunee, Manitowoc, and Sheboygan and the Milwaukee area (including 
Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha Counties) 
are classified as moderate or above. Section 182(b)(2)(C) requires that 
States submit revisions to the SIP for major sources of VOCs for which 
the EPA has not issued a CTG document. Because the EPA has not issued a 
CTG for iron and steel foundries, the State of Wisconsin developed a 
non-CTG regulation for this category. This regulation was submitted to 
the EPA by the State on June 30, 1994 and supplemented on July 15, 
1994.
    Additionally, 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. Wisconsin submitted its 15 percent plan on June 14, 
1995. Included in this plan were reductions generated by the iron and 
steel foundries rule.
    The Wisconsin rule at NR 419.08(1) applies to the manufacture of 
cores or molds for use at iron or steel foundries at any facility which 
is: 1) located in the counties of Kenosha, Milwaukee, Ozaukee, Racine, 
Washington or Waukesha and has maximum theoretical emissions of VOCs 
from core and mold manufacturing of greater than or equal to 25 tons 
per year, or 2) is located in the counties of Kewaunee, Manitowoc, or 
Sheboygan and has maximum theoretical emissions of VOCs from core and 
mold manufacturing or greater than or equal to 100 tons per year. 
Sources are required to achieve final compliance with this regulation 
no later than May 31, 1995.
    Specifically, the State has established the following limits at NR 
419.08(2)(a) for the as-applied VOC content of core and mold coatings: 
(1) 30%, by weight, including water, for core or mold coatings that 
have an as purchased density of 15.0 pounds per gallon or greater; and 
(2) 70%, by weight, including water, for core or mold coatings that 
have an as-purchased density of less than 15.0 pounds per gallon. At NR 
491.08(2)(b) the regulation requires that all core and mold coating 
storage vessels and containers remain covered. At NR 419.08(2)(c) the 
rule requires that VOC emissions from the catalysis step in the 
formation of a urethane cold box binder be controlled with an overall 
efficiency of at least 90 percent.
    A more detailed analysis of the State's submittal is contained in 
technical support documents dated May 1, 1995, and November 8, 1995. 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. The EPA has found that this rule meets the 
requirements applicable to ozone and is, therefore, approvable for 
incorporation into the State's ozone SIP.
    Because the EPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. This action will become 
effective on April 15, 1996. However, if we receive adverse comments by 
March 14, 1996, EPA will publish a document that withdraws this action.
    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.
    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.
    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 impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities 

[[Page 5515]]
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).
    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 preexisting-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 April 15, 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: January 22, 1996.
Valdas V. Adamkus,
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)(88) to read 
as follows:


Sec. 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (88) 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 iron and steel foundries.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 419.02(1s), (1t), (1u), (3m) and (6m) as created and 
published in the (Wisconsin) Register, June, 1994, No. 462, effective 
July 1, 1994.
    (B) NR 419.08 as created and published in the (Wisconsin) Register, 
June, 1994, No. 462, effective July 1, 1994.

[FR Doc. 96-3082 Filed 2-12-96; 8:45 am]
BILLING CODE 6560-50-P