[Federal Register Volume 61, Number 138 (Wednesday, July 17, 1996)]
[Rules and Regulations]
[Pages 37216-37218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17990]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI72-01-7298a; FRL-5528-3]


Approval and Promulgation of State Implementation Plan; 
Wisconsin; Site-Specific Revision For General Electric Medical Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency approves a site-specific 
volatile organic compound (VOC) reasonably available control technology 
(RACT) state implementation plan (SIP) revision for the General 
Electric Medical Systems (GEM) facility located at 4855 West Electric 
Avenue in Milwaukee, Wisconsin. This SIP revision was submitted by the 
Wisconsin Department of Natural Resources (WDNR) on March 15, 1996. 
This approval makes federally enforceable the State's consent order 
establishing an alternate control system for GEM's cold cleaning 
operation.
    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 September 16, 1996, unless 
EPA receives adverse or critical comments by August 16, 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 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 Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 
60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION:

I. Background

    General Electric Medical Systems (GEM) owns a facility located at 
4855 West Electric Avenue in Milwaukee, Wisconsin. The GEM facility 
manufactures X-ray tubes and components for other medical systems, and 
includes a cold cleaning operation which is part of an automated batch 
chemical treatment process for X-ray tubes. The GEM facility is located 
in the Milwaukee severe nonattainment area and is subject to rule NR 
423 of the Wisconsin Administrative Code, which regulates VOC emissions 
from solvent cleaning operations. This rule has been approved by the 
United States Environmental Protection Agency (EPA) as meeting the RACT 
requirements of the Clean Air Act (Act).
    Specifically, under sections NR 423.03(3)(d), (i), and (j), GEM is 
required to control organic compound emissions from the cold cleaning 
operation through a freeboard ratio greater than or equal to 1.0, 
through a water cover, or through an alternate control system 
equivalent to a freeboard ratio of 1.0. Under section 423.03(9), any 
alternate control method approved by the WDNR must be submitted to and 
approved by EPA as a site-specific SIP revision. For the reasons 
outlined below, GEM chose to install an alternate control system. The 
WDNR has made the determination that the controls proposed by GEM are 
more effective than those required by Rule 423 and has approved GEM's 
proposal through Consent Order AM-96-200. On March 15, 1995, the 
Wisconsin Department of Natural Resources (WDNR) submitted this Order 
to EPA, along with associated materials, for incorporation into 
Wisconsin's SIP.

II. Facility and Process Description

    As noted above, GEM manufactures X-ray tubes and components for 
other medical systems. This includes glass blowing, graphite target 
manufacturing, cathode and anode machining and X-ray assembly. The X-
ray units are also tested and rebuilt at this facility.
    The facility has a cold cleaning operation which is part of an 
automated batch chemical treatment process for X-ray tubes. This 
process consists of loading parts into a carrier that automatically 
immerses them in various

[[Page 37217]]

chemicals, baths and water rinses, ending with immersion in the cold 
cleaner bath which contains 95 percent ethanol and 5 percent methanol. 
The equipment associated with the cold cleaning process was specially 
made for this facility. The overhead conveyor was designed with a 
limited vertical travel distance. With this limitation, the equipment 
can not be modified to comply with a freeboard ratio greater than or 
equal to 1.0 without significant expense. Consequently, GEM has 
proposed an alternate control system.
    GEM's proposed system includes an enclosed solvent storage tank, 
control valves, pump and piping with an automated operating sequence. 
The following is the proposed operation procedure for the equipment.
    1. The cover opens.
    2. The parts are lowered into an empty immersion tank.
    3. The cover closes.
    4. The solvent is pumped into the tank.
    5. The parts are slowly agitated.
    6. The solvent is drained from the tank.
    7. The parts remain inside the tank until the excess solvent drips 
off.
    8. The cover opens.
    9. The parts are removed.
    10. The cover closes.
    Additional design information for the proposed equipment is as 
follows.
    1. The cleaner will be fitted with a mechanically assisted bi-
parting cover.
    2. The solvent storage tank will be enclosed.
    3. The enclosed solvent storage tank along with associated control 
valves, pump and piping will be installed and programmed to provide an 
automated operating sequence.
    4. The size of the tank will be 16'' W x 20'' L x 12'' H.
    5. The cover will only be opened when the parts are being placed in 
or removed from the tank.

III. Evaluation of State's Submittal

    As noted previously, EPA has approved Wisconsin's rule NR 423 as 
meeting the RACT requirements of the Act. Under sections 
423.03(3)(d)3., and (j), sources may comply through an alternate method 
approved by WDNR, providing that it achieves emission reductions 
equivalent to that achieved under a freeboard ratio of 1.0. 
Additionally, this alternate must be submitted to, and approved by, 
EPA.
    To demonstrate that the proposed alternate method of control is 
equivalent to the level of control that would be achieved under a 
freeboard ratio of 1.0, GEM relied on emission factors developed by EPA 
and contained in the fifth edition of AP-42, dated January 1995. GEM 
estimated that evaporative emissions from the cold cleaner operating 
with a freeboard ratio of 1.0 and uncovered when in use (as allowed 
under Wisconsin's rule), would be 0.35 pounds of VOC per day. The VOC 
emissions resulting from the proposed enclosed system were estimated to 
be 0.33 pounds per day.
    The State has determined that the alternate control system proposed 
by GEM meets the requirements of NR 423, as approved by EPA, and is 
thus sufficient to meet the requirements of RACT. Furthermore, by 
complying through the proposed alternate control method, the GEM 
facility will be achieving greater emission reductions than it would 
had it complied through the freeboard ratio specified in rule 423.
    The proposed alternate control system has been reviewed by EPA, as 
well as the procedures used to establish this alternate system. The 
alternate control system will result in a net environmental benefit and 
is consistent with the RACT regulation promulgated by the State and 
approved by EPA.

IV. Final Rulemaking Action

    The EPA approves Wisconsin's site-specific SIP revision for 
incorporation into the State's federally enforceable ozone SIP.
    Because EPA considers this action noncontroversial and routine, we 
are approving it without prior proposal. This action will become 
effective on September 16, 1996. However, if we receive adverse 
comments by August 16, 1996, EPA will publish a document that withdraws 
this action.

V. 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''), 2 U.S.C. 1532, 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, 2 U.S.C. 1532, 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, 2 U.S.C. 1532, 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

[[Page 37218]]

action must be filed in the United States Court of Appeals for the 
appropriate circuit by September 16, 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: June 17, 1996.
David A. Ullrich,
Acting Regional Administrator.

    40 CFR part 52 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)(95) to read 
as follows:


Sec. 52.2570   Identification of plan.

* * * * *
    (c) * * *
    (95) On March 15, 1996, Wisconsin submitted a site-specific SIP 
revision in the form of a consent order for incorporation into the 
federally enforceable ozone SIP. This consent order establishes an 
alternate volatile organic compound control system for a cold cleaning 
operation at the General Electric Medical Systems facility located at 
4855 West Electric Avenue in Milwaukee.
    (i) Incorporation by reference. The following items are 
incorporated by reference.
    (A) State of Wisconsin Consent Order AM-96-200, dated February 20, 
1996.
    (B) September 15, 1995 letter from Michael S. Davis, Manager--Air 
and Chemical Management Programs, General Electric Medical Systems to 
Denese Helgeland, Wisconsin Department of Natural Resources, along with 
the enclosed system diagram. (This letter is referenced in Consent 
Order AM-96-200.)

[FR Doc. 96-17990 Filed 7-16-96; 8:45 am]
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