[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14972-14974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7915]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI62-01-7145a; FRL-5422-7]


Approval and Promulgation of State Implementation Plan; 
Wisconsin; Wood Furniture Coating SIP Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves a revision 
to the Wisconsin State Implementation Plan (SIP) for ozone that was 
submitted on May 12, 1995, and later supplemented on June 14, 1995. 
This revision requires the control of volatile organic compound (VOC) 
emissions from facilities that perform wood furniture coating 
operations. This submittal was made to satisfy the requirement of the 
1990 Clean Air Act (CAA) that all major VOC sources in moderate, or 
worse, ozone nonattainment areas have Reasonably Available Control 
Technology (RACT) applied to them. This regulation will also be used to 
generate reductions in VOC emissions, which the State will use to 
fulfill the requirement of the amended Clean Air Act to reduce VOC 
emissions by at least 15 percent from the 1990 baseline emissions.
    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 June 3, 1996, unless EPA 
receives adverse or critical comments by May 6, 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 Programs Branch (AR-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 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.
    Section 182(b)(2) of the CAA requires States to adopt RACT rules 
for all areas designated nonattainment for ozone and classified as 
moderate or above for both sources covered by Control Technology 
Guidance (CTG) documents issued by EPA and all major sources not 
covered by a CTG.
    To fulfill the RACT requirement, and 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 wood furniture coating operations in those 
areas of the State that are classified as moderate or higher. Wood 
furniture coating

[[Page 14973]]
operations are covered by an EPA draft CTG document.

II. Evaluation of State Submittal

    On November 15, 1993, the State of Wisconsin submitted its proposed 
15 percent plan. The 15 percent plan submittal was followed by several 
submittals that contain regulations that will achieve the reductions 
required by the 15 percent plan. On May 12, 1995, Wisconsin submitted 
its wood furniture rule, which was later supplemented on June 14, 1995, 
as part of its 15 percent plan. The wood furniture coating portion of 
the 15 percent plan was found complete in a letter to Don Theiler, 
Director of the Wisconsin Department of Natural Resources' (WDNR) 
Bureau of Air Management, dated August 5, 1995. The WDNR followed the 
required legal procedures for adopting this rule which are the 
prerequisites for EPA to consider in approving this rule as part of 
Wisconsin's federally enforceable SIP. The WDNR held a public hearing 
for this rule on September 13, 1994 and submitted it 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 draft CTG document. The WDNR adopted the same 
coating limits for VOC content found in the draft CTG. Wisconsin's 
rule, NR 422.125, provides for alternate compliance methods to meet 
these coating limits including emissions averaging and add-on control 
devices. In addition to coating limits, the State rule requires 
specific application technologies to be used to reduce the emission of 
VOCs. NR 422.125 (5) and (6) require initial certification of 
compliance from the affected facilities and continued recordkeeping. 
All of the requirements found in the State's rule are found to be 
consistent with EPA's draft CTG.
    A more detailed analysis of the State's submittal is contained in a 
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 wood furniture coating rule as being 
RACT for this source category, at this time, 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 June 3, 1996. However, if we receive adverse comments by 
May 6, 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 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214), as revised by a July 
10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air 
and Radiation. The Office of Management and Budget has exempted this 
regulatory action from E.O. 12866 review.

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 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 June 3, 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: February 2, 1996.
Michelle D. Jordan,
Acting 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.
    
[[Page 14974]]


Subpart YY--Wisconsin

    2. Section 52.2570 is amended by adding paragraph (c)(90) to read 
as follows:


Sec. 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (90) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on May 12, 
1995 and later supplemented on June 14, 1995. This revision consists of 
volatile organic compound regulations which establish reasonably 
available control technology for facilities that perform wood furniture 
coating operations.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(3e),(7m), (16g), (16i), (16k), (41w), (42o), (42u), 
(50e), (50m) and (52) as created and published in the (Wisconsin) 
Register, August, 1995, No. 476, effective September 1, 1995.
    (B) NR 422.02(47) as amended and published in the (Wisconsin) 
Register, August, 1995, No. 476, effective September 1, 1995.
    (C) NR 422.125 as created and published in the (Wisconsin) 
Register, August, 1995, No. 476, effective September 1, 1995.
    (D) NR 422.15(1)(intro.) as amended and published in the 
(Wisconsin) Register, August, 1995, No. 476, effective September 1, 
1995.
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[FR Doc. 96-7915 Filed 4-3-96; 8:45 am]
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