[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Rules and Regulations]
[Pages 60010-60013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20604]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2005-WI-0002; FRL-7974-4]


Approval and Promulgation of Maintenance Plan Revisions; 
Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving an alternative volatile organic compounds 
(VOC) control device for Serigraph, Inc. (Serigraph) as a revision to 
the Wisconsin State Implementation Plan (SIP). On May 18, 2005, the 
Wisconsin Department of Natural Resources submitted a request to revise 
the Wisconsin SIP. The revision approves Serigraph's use of a biofilter 
to control VOC emissions from its printing facility in Washington 
County, Wisconsin. The biofilter will achieve VOC emission reductions 
at or beyond the level of the control methods listed in the SIP. 
Serigraph has designed one of its plants as a permanent total enclosure 
(PTE), which captures all VOC emissions and routes them to the 
biofilter. There are no fugitive emissions from the plant. This control 
system will reliably control emissions at or below the level of 
Federally mandated emission limits.

DATES: This rule is effective on December 13, 2005, unless EPA receives 
adverse written comments by November 14, 2005. 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: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R05-OAR-2005-WI-0002, by one of the following methods: 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-
line instructions for submitting comments. Agency Web site: http://docket.epa.gov/rmepub/. Regional RME, EPA's electronic public docket 
and comments system, is EPA's preferred method for receiving comments. 
Once in the system, select ``quick search,'' then key in the 
appropriate RME Docket identification number. Follow the on-line 
instructions for submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (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 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to RME ID No. R05-OAR-2005-WI-
0002. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through RME, 
regulations.gov, or e-mail. The EPA RME Web site and the federal 
regulations.gov Web site are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of the related proposed rule which is 
published in the Proposed Rules section of this Federal Register.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
We recommend that you telephone Matt Rau, Environmental Engineer, at 
(312) 886-6524 before visiting the Region 5 office. This Facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6524, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. General Information
    A. Does this action apply to me?
    B. How can I get copies of this document and other related 
information?
    C. How and to whom do I submit comments?
II. What is EPA approving?
III. What are the changes from the current rule?

[[Page 60011]]

IV. What is EPA's analysis of the supporting material?
V. What action is EPA taking today?
VI. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    This action applies to a single source--Serigraph, Incorporated in 
Washington County, Wisconsin.

B. How can I get copies of this document and other related information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection at RME under ID No. R05-OAR-
2005-WI-0002, and a hard copy file which is available for inspection at 
the Regional Office. 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 CBI or 
other information the disclosure of which 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 
person 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 a.m. to 4:30 p.m. 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 that 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.

C. 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 R05-OAR-
2005-WI-0002'' 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.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the proposed 
rules section of this Federal Register.

II. What is EPA approving?

    EPA is approving a revision to the Wisconsin VOC SIP for Serigraph. 
The revision approves Serigraph's use of a biofilter to control VOC 
emissions from several lines in Plant 2 at its facility. This is an 
alternative to the control methods listed in the SIP. An alternate 
control method is allowed under section NR 422.04(2)(d) of the 
Wisconsin Administrative Code. The biofilter will reliably control VOC 
emissions at a similar level with other control techniques for surface 
printing facilities. Plant 2 is designed as a PTE, which ensures a 100% 
capture efficiency. An 80% overall control efficiency for VOC emissions 
is required for this control device. Overall control efficiency 
includes both capture and destruction efficiencies. Serigraph's 
biofilter has achieved a greater than 85% overall control efficiency.

III. What are the changes from the current rule?

    Southeastern Wisconsin screen printers are required to use low 
solvent coatings or a control device to limit VOC emissions. This 
requirement is found in section NR 422.04(2) of the Wisconsin 
Administrative Code. The control devices allowed are vapor recovery 
systems or vapor incinerators. Section NR 422.04(2)(d) adds that a 
printer may use an alternate control device if it will reliably control 
VOC emissions to a level at or below the applicable emission limit and 
is approved by the Wisconsin Department of Natural Resources. Federal 
approval of the alternative control device is required for this change 
to the Wisconsin SIP.

IV. What is EPA's analysis of the supporting material?

    Serigraph is adding a biofilter on its Plant 2 printing facility as 
an alternative VOC emissions control device. The print room is designed 
as a PTE ensuring all of the print room emissions are exhausted into 
the biofilter. Serigraph's biofilter system consists of two humidifiers 
and two media chambers. Each biofilter unit can operate independently. 
This allows for emission control even when a unit is offline. The print 
room exhaust goes through a humidifier then the warm, moist gas stream 
proceeds into the media chamber. Microorganisms in the media chemically 
convert the VOC into carbon dioxide and water. Fans in each chamber 
control the rate of the gas moving through the media so that proper 
conversion occurs. For Serigraph's system, the media retention time 
should be about 30 seconds. The biofilter exhausts through a 25 foot 
stack. Testing of the gas in the print room exhaust duct and the 
biofilter exhaust stack will confirm that Serigraph's control device 
reduces the VOC emissions by the required amount. The biofilter has 
been in operation since May 1997. An average of 54 tons of VOC 
emissions are vented to the biofilter each year. The average exhaust 
from the biofilter is about 8 tons of VOC per year. This easily exceeds 
the 80% control requirement.

V. What action is EPA taking today?

    EPA is approving, through direct final rulemaking, revisions to the 
VOC regulations for Serigraph, Inc. in Washington County, Wisconsin.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective December 13, 
2005, without further notice unless we receive relevant adverse written 
comments by November 14, 2005. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be

[[Page 60012]]

addressed in a subsequent final rule based on the proposed action. The 
EPA will not institute a second comment period. Any parties interested 
in commenting on this action should do so at this time. If we do not 
receive any comments, this action will be effective December 13, 2005.

VI. 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 That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' 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. 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 (Pub. L. 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 (59 
FR 22951, 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 13, 2005. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 15, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of 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)(112) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (112) On May 18, 2005, Wisconsin Department of Natural Resources 
submitted a source specific State Implementation Plan revision. 
Serigraph, Inc. in Washington County is seeking to use an alternative 
volatile organic compounds control device. Serigraph, Inc. will use a 
biofilter to control volatile organic compound emissions from sources 
in its Plant 2. This is considered an equivalent control system under 
section NR 422.04(2)(d) of the Wisconsin Administrative Code because it 
will reliably control emissions at or below the level of the

[[Page 60013]]

applicable emission limits, Wisconsin Administrative Code section NR 
422.145.
    (i) Incorporation by reference.
    Department of Natural Resources Findings of Fact, Conclusions of 
Law, and Decision AM-04-200 dated November 24, 2004.

[FR Doc. 05-20604 Filed 10-13-05; 8:45 am]
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