[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Pages 9294-9295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02745]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0700; FRL-10018-39-Region 5]


Air Plan Approval; Wisconsin; VOC RACT Requirements for 
Lithographic Printing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Wisconsin 
Department of Natural Resources (WDNR or Wisconsin) on December 13, 
2019. Wisconsin requests that EPA approve rules related to control of 
volatile organic compound (VOC) emissions from offset lithographic 
printing operations into Wisconsin's SIP. These revisions include 
amendments to the Wisconsin Administrative Code (WAC), Chapter NR 422. 
These revisions are approvable because they are consistent with the 
latest Control Techniques Guideline (CTG) for Offset Lithographic 
Printing and Letterpress Printing, published by EPA in 2006, and such 
revisions clarify and streamline the VOC reasonably available control 
technology (RACT) requirements for lithographic printing facilities 
located in nine counties in Wisconsin (Kenosha, Kewaunee, Manitowoc, 
Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha). EPA 
proposed to approve this action on September 25, 2020 and received no 
comments.

DATES: This final rule is effective on March 15, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2019-0700. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) 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 www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Kathleen 
Mullen, Environmental Engineer, at (312) 353-3490, before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen Mullen, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490, 
[email protected].

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

I. Background Information

    On September 25, 2020, EPA proposed to approve revisions to 
Wisconsin's VOC RACT rules for lithographic printing facilities 
contained in the Wisconsin Administrative Code Chapter NR 422, Sections 
NR 422.02, 422.142, and 422.143 (85 FR 60413). An explanation of the 
Clean Air Act requirements, a detailed analysis of the revisions, and 
EPA's reasons for proposing approval were provided in the notice of 
proposed rulemaking and will not be restated here. The public comment 
period for this proposed rule ended on October 26, 2020. EPA received 
no comments on the proposal.

II. Final Action

    EPA is approving revisions to the Wisconsin SIP rules relating to 
the control of VOC emissions from offset lithographic printing 
operations (WI Admin Code NR 422.02, 422.142, 422.143) submitted on 
December 13, 2019. These rules are approvable because they are 
consistent with the latest CTG for Offset Lithographic Printing and 
Letterpress Printing issued by EPA in 2006, clarify the existing state 
VOC RACT requirements for lithographic printing operations located in 
nine counties in Wisconsin, and streamline the implementation of these 
state rules.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In

[[Page 9295]]

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).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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 it is not a significant regulatory 
action 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 Clean Air Act; 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 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 April 13, 2021. 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, Ozone, Volatile organic 
compounds.

    Dated: February 3, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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 adding paragraph (c)(141) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (141) On December 13, 2019, the Wisconsin Department of Natural 
Resources submitted a State Implementation Plan revision request 
regarding the state's volatile organic compound (VOC) reasonably 
available control technology (RACT) rules for offset lithographic 
printing operations. These revisions include amendments to Wisconsin 
Administrative Code Chapter NR 422 that are consistent with the latest 
CTG issued by EPA in 2006 and clarify and streamline the VOC RACT 
requirements for lithographic printing facilities located in nine 
counties in Wisconsin (Kenosha, Kewaunee, Manitowoc, Milwaukee, 
Ozaukee, Racine, Sheboygan, Washington, and Waukesha).
    (i) Incorporation by reference. Wisconsin Administrative Code NR 
422.02 ``Definitions.'', NR 422.142 ``Lithographic Printing--Part 1.'', 
and NR 422.143 ``Lithographic Printing--Part 2.'', as published in the 
Wisconsin Administrative Register June 2019, No. 762, effective July 1, 
2019.
    (ii) [Reserved]

[FR Doc. 2021-02745 Filed 2-11-21; 8:45 am]
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