[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53816-53818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23244]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0279; FRL-9985-30-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor 
Recovery Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request submitted by the Wisconsin Department of Natural Resources 
(WDNR) on May 16, 2017, to revise the Wisconsin State Implementation 
Plan (SIP). The submission includes amendments to the Wisconsin 
Administrative Code updating the definition of ``volatile organic 
compound (VOC)'' to add eight compounds to the list of exempt 
compounds. In addition, WDNR is also requesting the withdrawal of 
several previously approved provisions of the Wisconsin Administrative 
Code from the SIP concerning the State's Stage II vapor recovery (Stage 
II) program that terminated in 2012. EPA approved the removal of the 
Stage II program as a component of the Wisconsin SIP in 2013, including 
the approval of a demonstration under section 110(l) of the Clean Air 
Act (CAA) that addressed emissions impacts associated with the removal 
of the program. EPA proposed to approve the State's submittal on May 
25, 2018.

DATES: This final rule is effective on November 26, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0279. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source 
Program Manager, Control Strategies Section, Air Programs Branch (AR 
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6061, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' is used, we mean EPA.

I. What is being addressed by this document?

    On May 25, 2018, at 83 FR 24267, EPA proposed to approve a revision 
to the Wisconsin SIP that updates the definition of VOC at Wisconsin 
Administrative Code Chapter NR 400.02(162) to add the following 
compounds to the list of exclusions at NR 400.02(162): Trans-1,3,3,3-
tetrafluoropropene (HFO-1234ze), HCF2OCF2H (HFE-
134), HCF2OCF2OCF2H (HFE-236cal2), 
HCF2OCF2CF2OCF2H (HFE-
338pcc13), 
HCF2OCF2OCF2CF2OCF2
H (H-Galaden 1040X or H-Galden ZT 130 (or 150 or 180), Trans-1-chloro-
3,3,3-triflouroprop-1-ene (Solstice\TM\ 1233zd(E)), 2,3,3,3-
tetraflouropropene (HFO-1234yf), and 2-amino-2-methyl-1-propanol (AMP; 
CAS number 124-68-5). Wisconsin took this action based on EPA's 2012, 
2013, and 2014 rulemakings in which EPA determined that these compounds 
have a negligible contribution to tropospheric ozone formation and thus 
should be excluded from the definition of VOC codified at 40 CFR 
51.100(s). See 77 FR 37610 (June 22, 2012); 78 FR 9823 (February 12, 
2013); 78 FR 62451 (October 22, 2013); 78 FR 53029 (August 28, 2013); 
and 79 FR 17037 (March 27, 2014). This action also approves minor 
stylistic edits for clarity in NR 420.02(39), NR 420.03(4)(b)3, NR 
420.04(1)(b)4, and NR 420.04(3)(c)1.
    EPA is also approving the withdrawal of several remaining 
provisions from the Wisconsin SIP that are related to the Stage II 
vapor recovery program that was terminated by Wisconsin in 2012. 
Wisconsin originally submitted a SIP revision to EPA on November 18, 
1992, to satisfy the requirement of section 182(b)(3) of the CAA. The 
revision applied to Kenosha, Kewanee, Manitowoc, Milwaukee, Ozaukee, 
Racine, Sheboygan, Washington and Waukesha counties, and was 
incorporated into the WDNR's 1993-94 ozone 15% Control Plan. EPA fully 
approved Wisconsin's Stage II program on August 13, 1993 (53 FR 43080), 
including the program's legal authority and administrative requirements 
found in Section 285.31 of the Wisconsin Statutes and Chapter NR 
420.045 of the Wisconsin Administrative Code.
    On November 12, 2012, WDNR submitted a SIP revision requesting the 
removal of Stage II requirements under NR 420.045 of the Wisconsin 
Administrative Code from the Wisconsin SIP. To support the removal of 
the Stage II requirements, the revision included a section 110(l) 
demonstration addressing the emissions impacts associated with the 
removal of the program. On November 4, 2013 (78 FR 65875), EPA approved 
the removal of the Stage II requirements under NR 420.045 of the 
Wisconsin Administrative Code from the Wisconsin SIP. In this action 
EPA approves the removal of the residual Stage II provisions that 
remained in place after the program was decommissioned. These 
provisions are NR 420.02(8m), 420.02(26), 420.02(32), 420.02(38m), NR 
425.035, NR 439.06(3)(i), NR 484.05(4), NR 484.05(5), and NR 494.04.

II. What comments did we receive on the proposed SIP revision?

    Our May 25, 2018 proposed rule provided a 30-day review and comment 
period. The comment period closed on June 25, 2018. EPA received one 
comment during the public comment period, but the comment was 
completely outside of the scope of this approval and, therefore, is not 
being addressed as part of this final action.

III. What action is EPA taking?

    EPA is approving the revision to the Wisconsin SIP submitted by 
WDNR on May 16, 2017, because the revision is consistent with EPA's 
prior actions revising the definition of VOC. In addition, the removal 
of remaining Stage II program provisions from the SIP

[[Page 53817]]

meets all applicable requirements, and will not interfere with 
reasonable further progress or attainment of any of the national 
ambient air quality standards.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Wisconsin 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov and at the EPA Region 5 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 24, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: September 19, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Section 52.2570 is amended by revising paragraphs (c)(69)(i)(A) 
through (C), (c)(69)(i)(E), (c)(73)(i)(C), and (c)(73)(i)(H) through 
(J), and by adding paragraph (c)(138) to read as follows:


Sec.  52.2570   Identification of plan.

* * * * *
    (c) * * *
    (69) * * *
    (i) * * *
    (A) Wisconsin Administrative Code, Chapter NR 420 Control of 
Organic Compound Emissions from Petroleum and Gasoline Sources; Section 
420.02 Definitions, Sections NR 420.02(8m), (24m), (32m), (38m), (39m); 
Section NR 420.045 Motor Vehicle Refueling; published in Wisc. Admin. 
Code in January 1993, and took effect on February 1, 1993. Section NR 
420.045 was rescinded in 2013 and is removed without replacement; see 
paragraph (c)(129) of this section. Sections NR 420.02(8m) and NR 
420.02(38m) were rescinded in 2016 and are removed without replacement; 
see paragraph (c)(138) of this section.
    (B) Wisconsin Administrative Code, Chapter NR 425 Compliance 
Schedules, Exceptions, Registration and Deferrals for Organic Compound 
Emissions Sources in Chapters 419 to 424; Section 425.035 Throughput 
Reporting and Compliance Schedules for Motor Vehicle Refueling; 
published in Wisc. Admin. Code in January 1993, and took effect on 
February 1, 1993. Section NR 425.035 was rescinded in 2016 and is 
removed without replacement; see paragraph (c)(138) of this section.
    (C) Wisconsin Administrative Code, Chapter NR 439 Reporting, 
Recordkeeping, Testing, Inspection and Determination of Compliance 
Requirements; Section NR 439.06(3)(c); Section NR 439.06(3)(i); 
published in the Wisc. Admin. Code in January 1993, and took effect on 
February 1, 1993. Section NR 439.06(3)(i) was rescinded in 2016 and is 
removed without

[[Page 53818]]

replacement; see paragraph (c)(138) of this section.
* * * * *
    (E) Wisconsin Administrative Code, Chapter NR 494 Enforcement and 
Penalties for Violation of Air Pollution Control Provisions; renumbered 
Sections NR 494.025 and 494.03 to NR 494.03 and 494.05; Section NR 
494.04 Tagging Gasoline Dispensing Equipment; published in the Wisc. 
Admin. Code in January 1993 and took effect on February 1, 1993. 
Section NR 494.04 was rescinded in 2016 and is removed without 
replacement; see paragraph (c)(138) of this section.
* * * * *
    (73) * * *
    (i) * * *
    (C) Chapter NR 420: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
PETROLEUM AND GASOLINE SOURCES. NR 420.01 as published in the 
(Wisconsin) Register, February, 1990, No. 410, effective March, 1, 
1990. NR 420.02 and 420.045 as published in the (Wisconsin) Register, 
January, 1993, No. 445, effective February 1, 1993. NR 420.03 and 
420.04 as published in the (Wisconsin) Register, December, 1993, No. 
456, effective January 1, 1994. NR 420.05 as published in the 
(Wisconsin) Register, May, 1992, No. 437, effective June 1, 1992. 
Section NR 420.045 was rescinded in 2013 and is removed without 
replacement; see paragraph (c)(129) of this section. Sections NR 
420.02(8m), (26), (32), and (38m) were rescinded in 2016 and are 
removed without replacement; see paragraph (c)(138) of this section.
* * * * *
    (H) Chapter NR 425: COMPLIANCE SCHEDULES, EXCEPTIONS, REGISTRATION 
AND DEFERRALS FOR ORGANIC COMPOUND EMISSION SOURCES IN CHS. NR 419 TO 
424. NR 425.01 and 425.02 as published in the (Wisconsin) Register, 
February, 1990, No. 410, effective March 1, 1990. NR 425.03, 425.04 and 
425.05 as published in the (Wisconsin) Register, December, 1993, No. 
456, effective January 1, 1994. NR 425.035 as published in the 
(Wisconsin) Register, January, 1993, No. 445, effective February 1, 
1993. Section NR 425.035 was rescinded in 2016 and is removed without 
replacement; see paragraph (c)(138) of this section.
    (I) Chapter NR 439: REPORTING, RECORDKEEPING, TESTING, INSPECTION 
AND DETERMINATION OF COMPLIANCE REQUIREMENTS. NR 439.01 and 439.085 as 
published in the (Wisconsin) Register, May, 1992, No. 437, effective 
June 1, 1992. NR 439.02, 439.03, 439.04, 439.05, 439.055, 439.06, 
439.07, 439.075, 439.09, 439.095 and 439.11 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994. NR 439.08 as published in the (Wisconsin) Register, May, 1993, 
No. 449, effective June 1, 1993. NR 439.10 as published in the 
(Wisconsin) Register, September, 1987, No. 381, effective October 1, 
1987. Section NR 439.06(3)(i) was rescinded in 2016 and is removed 
without replacement; see paragraph (c)(138) of this section.
    (J) Chapter NR 484: INCORPORA- TION BY REFERENCE. NR 484.01 as 
published in the (Wisconsin) Register, May, 1992, No. 437, effective 
June 1, 1992. NR 484.02 as published in the (Wisconsin) Register, 
September, 1986, No. 369, effective October 1, 1986. NR 484.03 as 
published in the (Wisconsin) Register, May, 1993, No. 449, effective 
June 1, 1993. NR 484.04, 484.05 and 484.06 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994. NR 484.08 and 484.09 as published in the (Wisconsin) Register, 
October, 1992, No. 442, effective November 1, 1992. Section NR 
484.04(3) was repealed in 2011 and is removed without replacement; see 
paragraph (c)(130) of this section. Sections NR 484.05(4) and NR 
484.04(5) were rescinded in 2016 and are removed without replacement; 
see paragraph (c)(138) of this section.
* * * * *
    (138) On May 16, 2017, the Wisconsin Department of Natural 
Resources submitted a request to remove, from the Wisconsin ozone State 
Implementation Plan, residual Stage II vapor recovery program 
provisions that remained in place after the program was decommissioned. 
The request also updates the definition of VOC at Wisconsin 
Administrative Code Chapter NR 400.02(162) to add the following 
compounds to the list of excluded compounds at NR 400.02(162): Trans-
1,3,3,3-tetrafluoropropene (HFO-1234ze), HCF2OCF2H (HFE-134), 
HCF2OCF2OCF2H (HFE-236cal2), HCF2OCF2CF2OCF2H (HFE-338pcc13), 
HCF2OCF2OCF2CF2OCF2H (H-Galaden 1040X or H-Galden ZT 130 (or 150 or 
180), Trans-1-chloro-3,3,3-triflouroprop-1-ene (SolsticeTM 1233zd(E)), 
2,3,3,3-tetraflouropropene (HFO-1234yf), and 2-amino-2-methyl-1-
propanol (AMP; CAS number 124-68-5). The request also includes minor 
amendments that contain minor stylistic edits for clarity.
    (i) Incorporation by reference. NR 400.02(162), NR 420.02(39), NR 
420.03(4)(b)3, NR 420.04(1)(b)4, and NR 420.04(3)(c)1 as published in 
the Wisconsin Register, July 2016, No. 727, effective August 1, 2016.
    (ii) Additional material. Wisconsin Natural Resources Board January 
27, 2016, Board Order AM-15-14 to repeal NR 420.02(8m), (26), (32), and 
(38m), 425.035, 439.06(3)(i), 484.05(4) and (5), and 494.04; as 
published in the Wisconsin Register July 2016, No. 727, effective 
August 1, 2016.

[FR Doc. 2018-23244 Filed 10-24-18; 8:45 am]
 BILLING CODE 6560-50-P