[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18681-18683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10451]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI57-01-7105a, WI58-01-7106a, WI59-01-7107a; FRL-5424-2]
Approval and Promulgation of State Implementation Plan;
Wisconsin; Gasoline Storage Tank Vent Pipe, Traffic Marking Materials,
and Solvent Metal Cleaning SIP Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving, through the direct final procedure,
revisions to the Wisconsin State Implementation Plan (SIP) for ozone
that were submitted on February 17, 1995 and April 12, 1995. These
revisions require the control of volatile organic compound (VOC)
emissions from the following sources: gasoline storage tanks, the
application of traffic marking materials, and solvent metal cleaning
operations. These regulations were 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, these requested SIP revisions. 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 rules that have been incorporated by reference.
DATES: This action will be effective June 28, 1996, unless adverse
comments are received by May 29, 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
[[Page 18682]]
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 that
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 rules to reduce the VOC emissions from gasoline storage tanks,
the application of traffic marking materials, and solvent metal
cleaning operations in those areas of the State that are classified as
moderate or higher.
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 are the actual regulations that will achieve the
reductions required by the 15 percent plan. The State's regulations are
summarized below.
A. Gasoline Storage Tank Vent Pipe Rule--NR 420.035
Wisconsin submitted this regulation to the EPA on February 17, 1995
and supplemented it on June 14, 1995, as a SIP revision under the
signature of the Governor's designee. The EPA found this rule to be
complete in a letter to Donald Theiler, Director of WDNR's Bureau of
Air Management, dated June 29, 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
ozone SIP. A public hearing for this rule was held on January 12, 1994.
Wisconsin has adopted a rule that requires gasoline storage tanks
with a storage capacity of 2,000 gallons, or greater, to install
pressure vacuum valves on the vent pipes. Evaporative emissions will
readily escape through the gasoline storage tank vent pipe if the pipe
has no control device to prevent this. These pressure vacuum valves
will control evaporative VOC emissions from the storage tanks.
B. Traffic Marking Materials Rule--NR 422.17
Wisconsin submitted this regulation to EPA on April 12, 1995 and
supplemented it on June 14, 1995, as a SIP revision under the signature
of the Governor's designee. The EPA found this rule to be complete in a
letter to Donald Theiler, Director of WDNR's Bureau of Air Management,
dated June 29, 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 ozone SIP. A
public hearing for this rule was held on January 12, 1994.
The emission of VOCs from the application of traffic marking
materials onto paved surfaces occurs during the drying of the markings
themselves or from the drying of the adhesives used to affix the
traffic markings. The State of Wisconsin has adopted a rule that will
limit the VOC content of the traffic marking materials that are liquid
or limit the amount of VOCs that can be emitted per mile of traffic
marking applied for solid materials.
C. Solvent Metal Cleaning Rule--NR 423.03
Wisconsin submitted this regulation to EPA on April 12, 1995 and
supplemented it on June 14, 1995, as a SIP revision under the signature
of the Governor's designee. The EPA found this rule to be complete in a
letter to Donald Theiler, Director of WDNR's Bureau of Air Management,
dated June 29, 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 ozone SIP. A
public hearing for this rule was held on January 12, 1994.
The State of Wisconsin currently has a solvent metal cleaning rule
in place and this rule has been approved into the State's SIP as
representing reasonably available control technology (RACT) for this
source category. In order to obtain additional reductions that would be
creditable towards the State's 15 percent plan, the State has: Added
the category of wipe cleaning to the types of actions that require
control under this rule (NR 423.02(10), NR 423.03(7)); established
control technique requirements beyond those considered to be RACT (NR
423.03(3) (h) to (j), NR 423.03(4) (n) to (r), NR 423.03 (h) to (j), NR
423.03(6)(a) 8 and 9); added a provision that requires sources to also
consider throughput on the applicability of size exemption cutoffs (NR
423.03(2) (c) to (f)); established more extensive recordkeeping
requirements (NR 423.03(10)); and established a revised compliance
schedule (NR 423.03(8)).
More detailed analyses of the State's submittals are available at
the Regional Office listed above. In determining the approvability of
these VOC rules, EPA evaluated the rules 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 rules for Gasoline Storage Tank Vent
Pipes, the Application of Traffic Marking Materials, and Solvent Metal
Cleaning thereby making these rules federally enforceable.
Because EPA considers this action noncontroversial and routine, we
are approving it without prior proposal. This action will become
effective on June 28, 1996. However, if we receive adverse comments by
May 29, 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. Sec. 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
[[Page 18683]]
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 28, 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: November 6, 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]
Subpart YY--Wisconsin
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 paragraphs (c) (84), (85),
and (86) to read as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(84) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on February
17, 1995, and supplemented on June 14, 1995. This revision consists of
a volatile organic compound regulation that requires controls for
gasoline storate tank vent pipes.
(i) Incorporation by reference. The following section of the
Wisconsin Administrative Code is incorporated by reference.
(A) NR 420.035 as created and published in the (Wisconsin)
Register, July, 1994, No. 463, effective August 1, 1994.
(85) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on April 12,
1995, and supplemented on June 14, 1995, and January 19, 1996. This
revision consists of a volatile organic compound regulation that
requires the control of emissions from traffic markings.
(i) Incorporation by reference. The following section of the
Wisconsin Administrative Code is incorporated by reference.
(A) NR 422.02(16e), (42q), (42s) and (47m) as created and published
in the (Wisconsin) Register, July, 1994, No. 463, effective August 1,
1994.
(B) NR 422.17 as created and published in the (Wisconsin) Register,
July, 1994, No. 463, effective August 1, 1994.
(86) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on April 12,
1995, and supplemented on June 14, 1995, and January 19, 1996. This
revision consists of a volatile organic compound regulation that
requires additional controls on solvent metal cleaning operations. This
rule is more stringent than the RACT rule it is replacing.
(i) Incorporation by reference. The following section of the
Wisconsin Administrative Code is incorporated by reference.
(A) NR 423.02(10) as renumbered from NR 423.02(9), amended and
published in the (Wisconsin) Register, August, 1994, No. 464, effective
September 1, 1994. NR 423.02(11) as renumbered from NR 423.02(10) and
published in the (Wisconsin) Register, August, 1994, No. 464, effective
September 1, 1994. NR 423.02(9) and (12) as created and published in
the (Wisconsin) Register, August, 1994, No. 464, effective September 1,
1994.
(B) NR 423.03 as created and published in the (Wisconsin) Register,
August, 1994, No. 464, effective September 1, 1994.
(C) NR 425.03(12)(a)7. as amended and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994.
* * * * *
[FR Doc. 96-10451 Filed 4-26-96; 8:45 am]
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