[Federal Register Volume 61, Number 169 (Thursday, August 29, 1996)]
[Rules and Regulations]
[Pages 45327-45329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21908]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI69-01-7295a; FRL 5552-1]


Approval and Promulgation of State Implementation Plan; 
Wisconsin; GenCorp Inc. Site-Specific SIP Revision

AGENCY: Environmental Protection Agency (EPA).

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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 November 17, 1995. This revision is an alternative control 
method for controlling volatile organic compound (VOC) emissions from 
storage tanks at the GenCorp Inc.-Green Bay facility. The EPA has 
approved Wisconsin's general rule for the storage of VOCs. The approved 
rule states that any deviation from the specifically required control 
methods found in the State's rule must be proven to be equivalent in 
controlling the VOC emissions before being approved into the SIP. 
Because GenCorp Inc. has chosen a different control method than those 
listed specifically in Wisconsin's rule, a site-specific SIP revision 
is required to evaluate the control method being used at the Green Bay 
facility. 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 October 28, 1996, unless 
EPA receives adverse or critical comments by September 30, 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. EPA, 
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. EPA, 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 Programs Branch (AR-18J), 
U.S. EPA, Region 5, Chicago, Illinois 60604, (312) 353-6960.

SUPPLEMENTARY INFORMATION:

I. Background Information

    Wisconsin rule NR 419 is currently approved into the Wisconsin SIP. 
Part 419.05 applies to the storage of volatile organic compounds 
(VOCs). Rule 419.05 requires the use of specific control methods or 
equally effective alternative control methods approved by both the 
Wisconsin Department of Natural Resources (WDNR) and Environmental 
Protection Agency (EPA). As part of a proposed project at the GenCorp 
Inc.-Green Bay facility, a tank used to store acrylonitrile, a VOC, 
will be constructed and be subject to the requirements of 419.05. Since 
the GenCorp facility will not be using the controls specified in Rule 
419.05, WDNR has submitted a site-specific SIP revision to obtain 
federal approval of the alternative control methods that the GenCorp 
facility will be employing. The WDNR has made the determination that 
the controls that the GenCorp facility will be using are more effective 
than the controls required by Rule 419.05.

II. Evaluation of State Submittal

    The GenCorp facility proposes to construct a styrene-butadiene-
acrylonitrile latex manufacturing project. As part of this project a 
vessel used to store acrylonitrile will be necessary. A vessel of this 
type is subject to the requirements of Wisconsin Rule NR 419.05.
    Acrylonitrile will be unloaded from a railcar, approximately one 
26,000 gallon railcar will be unloaded per month. The railcars will be 
connected to the unloading rack piping through reinforced hoses. One or 
two hoses will convey liquid while another will return any vapor 
displaced from the storage tank (vapor balance system). Unloading is 
accomplished with a self-priming centrifugal pump. The liquid is 
transferred through 3'' welded carbon steel piping to the storage tank.
    Acrylonitrile will be stored in a 50,000 gallon horizontal (carbon 
steel) pressure vessel. The tank will be located in a watertight 
containment basin constructed adjacent to the styrene storage tank 
area. The storage tank will be operated at an average pressure of 5 
psi, with an over-pressure safety relief set at 100 psi. In addition to 
the safety relief, the tank is equipped with a rupture disk and 
telltale gage. The tank will be padded with nitrogen gas to maintain 
working pressure above one atmosphere to enable pumping raw material to 
the polymerization vessels. The acrylonitrile tank will be a new, butt-
welded tank, with a separate containment system surrounding the tank.
    The emissions from storage tanks can be divided into two 
categories: standing storage losses and working losses. Standing 
storage loss is the expulsion of vapor from a tank through vapor 
expansion and contraction, which are the result of changes in 
temperature and barometric pressure. Working losses are emissions that 
occur during filling operations.
    The controls specifically required by Rule 419.05, floating roofs, 
vapor condensation systems, and vapor holding tanks, are used to 
control both types of emissions.
    Floating roofs are used to reduce emissions that occur when the 
storage tanks are being refilled. Vapor condensation systems will 
collect and condense any VOC emissions exiting through vents when the 
pressure in a tank increases due to temperature changes or filling of 
the tank. Vapor holding tanks are also used to collect emissions that 
would exit through vents due to pressure changes. These last two 
control devices are usually not used in combination with floating roofs 
because the floating roofs will minimize working loss emissions 
significantly and would not require additional control.
    The WDNR has approved GenCorp-Inc.'s proposed alternative storage 
tank controls as being more effective than the controls required by 
Rule 419.05. The use of a low-pressure tank will eliminate the standing 
storage losses and the use of a vapor recovery system will virtually 
eliminate any working losses as well. It is estimated that GenCorp-
Inc.'s proposed controls will achieve an additional 1,113 pounds of VOC 
per year in reductions above the controls specifically mentioned in 
Rule 419.05.

III. Final Action

    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective October 28, 1996 unless, by September 30, 1996, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The

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EPA will not institute a second comment period on this action. Any 
parties interested in commenting on this action should do so at this 
time. If no such comments are received, the public is advised that this 
action will be effective October 28, 1996.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    The EPA approves the condition from Wisconsin's construction permit 
#95-CHB-407 That requires the use of a pressure vessel storage tank 
with a vapor balance system for storage of acrylonitrile which will be 
used in the process of manufacturing styrene-butadiene-acrylonitrile 
latex making this condition federal enforceable.

IV. Administrative Requirements

A. 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 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, 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 
private sector, of $100 million or more. Under Section 205, 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 EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated 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 to the private sector, result from this 
action.

D. 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 October 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: August 5, 1996.
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)(94) to read 
as follows:


Sec. 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (94) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on November 
17, 1995. This revision consists of a site-specific revision for the 
GenCorp Inc.-Green Bay facility. This revision is required under 
Wisconsin's federally approved rule, NR 419.05. The storage 
requirements contained in NR 419.05 specifically require floating 
roofs, vapor condensation systems, and vapor holding tanks, or an 
equally effective alternative control method approved by the Wisconsin 
Department of Natural Resources and U.S. EPA. The GenCorp Inc.-Green 
Bay facility has chosen to utilize a pressure vessel storage tank with 
a vapor balance system, as specified in Permit 95-CHB-407 which was 
issued on August 29, 1995. This pressure vessel will be used for the 
storage of acrylonitrile that will be used to manufacture styrene-
butadiene-acrylonitrile latex.
    (i) Incorporation by reference. The following sections of the 
Wisconsin air pollution construction permit 95-CHB-407 are incorporated 
by reference.
    (A) The permit condition requiring a pressure vessel storage tank 
with a vapor balance system for the styrene-butadiene-acrylonitrile 
latex manufacturing process, as created and published Wisconsin Permit 
95-CHB-407, August 29, 1995 and effective August 29, 1995.

[FR Doc. 96-21908 Filed 8-28-96; 8:45 am]
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