[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Rules and Regulations]
[Pages 59546-59549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22250]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI117-01-7347a, FRL-7637-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Northern Engraving Environmental Cooperative Agreement

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a June 
27, 2003, request from Wisconsin to revise its State Implementation 
Plan (SIP) for a source specific revision for Northern Engraving 
Corporation (NEC). The Clean Air Act (Act), provides the authority for 
a state to provide a plan for the implementation, maintenance, and 
enforcement of the national ambient air quality standards in each air 
quality control region. The Wisconsin Department of Natural Resources 
(WDNR) and EPA entered into a memorandum of agreement concerning 
implementation of a joint cooperative pilot program and agreed to 
pursue regulatory innovation at two NEC facilities in Holmen, Wisconsin 
and Sparta, Wisconsin. Since then, the WDNR has amended the agreement 
to include two additional NEC facilities in Galesville, Wisconsin and 
West Salem, Wisconsin. Because portions of the Environmental 
Cooperative Agreement with NEC supercede portions of rules in the 
Wisconsin SIP, a source-specific SIP revision is required.

DATES: This rule is effective on December 6, 2004, unless EPA receives 
adverse written comments by November 4, 2004. If EPA receives adverse 
comments, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: You may inspect copies of the documents relevant to this 
action during normal business hours at the following location: United 
States Environmental Protection Agency Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604.
    Send written comments to: Pamela Blakely, Chief, Permits and Grants 
Section, United States Environmental Protection Agency (AR-18J), 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    Comments may also be submitted electronically or through hand 
delivery/courier, please follow the detailed instructions described in 
part (I)(B)(1)(i)

[[Page 59547]]

through (iii) of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras at (312) 886-
0671. [email protected].

SUPPLEMENTARY INFORMATION: This SUPPLEMENTARY INFORMATION section is 
organized as follows:

I. General Information
II. Background
III. EPA Rulemaking Action
IV. Statutory and Executive Order Reviews

I. General Information

A. How Can I Get Copies Of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under ``Region 5 Air Docket WI117.'' The official public file consists 
of the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air Programs Branch, Air and Radiation 
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604. EPA requests that if at all possible, you contact the contact 
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30 excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket WI117'' in 
the subject line on the first page of your comment. Please ensure that 
your comments are submitted within the specified comment period. 
Comments received after the close of the comment period will be marked 
``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking Region 5 Air Docket WI117'' in the subject line. 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly without going through Regulations.gov, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental 
Protection Agency as the Agency name to search on. The list of current 
EPA actions available for comment will be listed. Please follow the 
online instructions for submitting comments. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Pamela Blakely, Chief, Permits 
and Grants Section, Air Programs Branch, (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Please include the text ``Public comment on proposed 
rulemaking Regional Air Docket WI117'' in the subject line on the first 
page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Pamela 
Blakely, Chief, Permits and Grants Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30 excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be

[[Page 59548]]

submitted for inclusion in the official public regional rulemaking 
file. If you submit the copy that does not contain CBI on disk or CD 
ROM, mark the outside of the disk or CD ROM clearly that it does not 
contain CBI. Information not marked as CBI will be included in the 
public file and available for public inspection without prior notice. 
If you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

II. Background

    On March 25, 1999, the WDNR and the EPA entered into a memorandum 
of agreement concerning implementation of the joint state/EPA agreement 
to pursue regulatory innovation and the Wisconsin Environmental 
Cooperation Pilot Program. On June 7, 2002, Thomas V. Skinner, Regional 
Administrator, EPA Region 5, sent a letter to Darrell Bazzell, 
Secretary, WDNR, containing EPA's final response to the WDNR's 
innovation proposal for alternative permit conditions at the NEC 
facilities. The NEC facilities affected by that agreement were the 
Holmen and Sparta facility. On January 24, 2003, EPA published a direct 
final rule in the Federal Register (68 FR 3404) approving the request 
from Wisconsin to revise its SIP for a source specific revision for 
NEC's Sparta and Holmen facilities. No comments were received during 
the comment period for those facilities.
    The purpose of this action is to include two additional facilities 
into the source specific SIP revision under the agreement between WDNR 
and NEC. The Galesville facility is located at 1200 W. Gale Avenue, 
Trempeauleau County, Galesville, Wisconsin, and the West Salem facility 
is located at 600 Brickl Road, La Crosse County, West Salem, Wisconsin. 
Both Trempealeau and La Crosse counties have been classified as 
unclassifiable/attainment for ozone, since November 15, 1990. Volatile 
organic compounds are a precursor to ozone. Each facility's permit 
includes facility-wide emission rates for volatile organic compounds 
and hazardous air pollutants. The Northern Engraving Galesville 
facility manufactures decorative plastic automotive trim and nameplates 
for the automotive and appliance industries. Operations include 
screening of plastic sheets, punch pressing, laser cutting and etching, 
inspection, spray touch-up, shipping and receiving. The Northern 
Engraving West Salem facility manufactures plastic and metal decorative 
automotive trim. Operations include screen printing, roll coating, 
spray coating, lithographic printing and pad printing processes.
    The innovative components of the proposal for the NEC Galesville 
and West Salem facilities include: (1) Waiver from the requirements 
that facilities obtain a new permit prior to construction; (2) waiver 
from the requirement that facilities receive an appropriate permit 
prior to operating new process equipment; (3) waiver in the facilities' 
minor source permits of individual process line latest available 
control technology requirements for controlling volatile organic 
compound emissions; and (4) recordkeeping and reporting flexibility.
    The Environmental Cooperative Agreement, specifically section XII 
(Operational Flexibility and Variances), proposes to establish new 
requirements for the two NEC facilities. The proposed new requirements 
would replace or revise certain requirements that might otherwise apply 
to those sources. Some of the requirements to be replaced or revised 
are currently embodied in Wisconsin's SIP for meeting air quality 
objectives. In such cases, the proposed flexibility in the 
Environmental Cooperative Agreement cannot be granted by WDNR unless 
the new requirements are first approved by EPA as a source-specific 
revision to the SIP. The innovative components of the agreement listed 
above provide the additional NEC facilities the flexibility to commence 
construction or operating of the process equipment prior to obtaining a 
construction. The facility would continue to comply with the facility 
wide emission limitations in the permit. Additionally, certain 
processes at the West Salem facility would not have to comply with the 
reasonable available control technology requirements for controlling 
volatile organic compounds. The individual process lines at both NEC 
facilities would not have to apply the latest available control 
technique for controlling volatile organic compound emissions. The NEC 
facilities are now required to keep monthly records of emissions for 
each facility.
    The WDNR submitted portions of section XII of the Environmental 
Cooperative Agreement (Operational Flexibility and Variances) as a 
source-specific SIP revision.

III. EPA Rulemaking Action

    The EPA is approving a June 27, 2003, request from Wisconsin to 
revise its State Implementation Plan (SIP) for a source specific 
revision for Northern Engraving Corporation (NEC). Section 110 of the 
Act, 42 U.S.C. 7410, provides the authority for a state to provide a 
plan for the implementation, maintenance, and enforcement of the 
national ambient air quality standards in each air quality control 
region. The Wisconsin Department of Natural Resources (WDNR) and EPA 
entered into a memorandum of agreement concerning implementation of a 
joint cooperative pilot program and agreed to pursue regulatory 
innovation at two NEC facilities in Holmen, Wisconsin and Sparta, 
Wisconsin. Since then, the WDNR has amended the agreement to include 
two additional NEC facilities in Galesville, Wisconsin and West Salem, 
Wisconsin. Because portions of the Environmental Cooperative Agreement 
with NEC supercede portions of rules in the Wisconsin SIP, a source-
specific SIP revision is required.
    The EPA is publishing this SIP revision approval without prior 
proposal, because EPA views this as a noncontroversial revision and 
anticipates no adverse comments. However, in a separate document in 
this Federal Register publication, EPA is proposing to approve the SIP 
revision should adverse written comments be filed. The approval of this 
SIP revision will be effective without further notice unless EPA 
receives relevant adverse written comments by November 4, 2004. Should 
EPA receive such comments, we will publish a final rule informing the 
public that this action will not take effect. Any parties interested in 
commenting on this action should do so at this time. If we do not 
receive comments, this action will be effective on December 6, 2004.

V. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    For this reason, this action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law.

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Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state rule implementing a 
Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 December 6, 2004. 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 late in proceedings to enforce its 
requirements.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Volatile organic compounds.

    Dated: March 1, 2004.
Jo Lynn Traub,
Acting Regional Administrator, Region 5.

    Editorial Note: This document was received at the Office of the 
Federal Register on September 29, 2004.


0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart YY--Wisconsin

0
2. Section 52.2570 is amended by adding paragraph (c)(110) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (110) On June 27, 2003, the Wisconsin Department of Natural 
Resources (WDNR) submitted a site specific revision to its state 
implementation plan for emissions from Northern Engraving Corporation's 
(Northern Engraving) Galesville and West Salem facilities in the form 
of operating permit conditions, based upon an Environmental Cooperative 
Agreement reached between WDNR and Northern Engraving for incorporation 
into the federally enforceable State Implementation Plan (SIP). An 
exemption for pre-construction permitting activities for certain 
physical changes or changes in the method of operation at the Northern 
Engraving Corporation's Galesville and West Salem facilities is 
established. Specific permit conditions for these two facilities are 
incorporated by reference in the SIP.
    (i) Incorporation by reference.
    (A) Specific Permit Conditions under the Environmental Cooperative 
Agreement for Northern Engraving Corporation's (NEC) Galesville 
facility contained in Part I.A. of Wisconsin Air Pollution Control 
Operation Permit NO. 662008930-F02 issued April 26, 2002 to NEC, 1200 
West Gale Avenue, Galesville, Trempeauleau County, Wisconsin. This 
permit expires April 26, 2007.
    (B) Specific Permit Conditions under the Environmental Cooperative 
Agreement for Northern Engraving Corporation's (NEC) West Salem 
facility contained in Part I.A. of Wisconsin Air Pollution Control 
Operation Permit NO. 632024800-F01 issued June 23, 2003 to NEC, 600 
Brickl Road, West Salem, La Cross County, Wisconsin. This permit 
expires June 23, 2008.

[FR Doc. 04-22250 Filed 10-4-04; 8:45 am]
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