[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36962-36964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11893]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0581; FRL-10168-02-R5]


Air Plan Approval; Wisconsin; VOC RACT for Miscellaneous 
Industrial Adhesives and Miscellaneous Metal and Plastic Parts Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions related to volatile organic 
compound (VOC) reasonably available control technology (RACT), 
submitted by the Wisconsin Department of Natural Resources 
(``Wisconsin'' or ``WDNR'') on June 28, 2022. The SIP revisions consist 
of several additions, corrections, and clarifications to the Wisconsin 
Administrative Code (WAC) NR 400 series and update the VOC RACT 
requirements for the Miscellaneous Industrial Adhesives and 
Miscellaneous Metal and Plastic Parts Coatings Control Techniques 
Guidelines (CTG) source categories. Also, EPA is approving Wisconsin's 
August 10, 2022, request to remove three previously approved 
Administrative Orders from the SIP. The request to remove these 
Administrative Orders includes a Clean Air Act (CAA) Section 110(l) 
demonstration highlighting that the revisions to Wisconsin's rules do 
not interfere with any applicable requirement concerning attainment or 
any other applicable requirement of the CAA because this SIP revision 
is a direct replacement for the previously approved orders. These SIP 
revisions apply to nonattainment areas in Wisconsin classified as 
moderate or above under the 2008 or later ozone National Ambient Air 
Quality Standards (``NAAQS'' or ``standard''). These revisions are 
consistent with the CTG documents issued by EPA in 2008 and are 
approvable because they serve as SIP strengthening measures. EPA 
proposed to approve this action on January 30, 2023, and received no 
adverse comments.

DATES: This final rule is effective on July 6, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2022-0581. 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 Katie Mullen, 
at (312) 353-3490 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Katie 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 January 30, 2023, EPA proposed to approve SIP revisions that 
consist of several additions, corrections, and clarifications to the 
Wisconsin Administrative Code (WAC) NR 400 series and update the VOC 
RACT requirements for the Miscellaneous Industrial Adhesives and 
Miscellaneous Metal and Plastic Parts Coatings Control Techniques 
Guidelines (CTG) source categories. Also, EPA proposed to approve 
Wisconsin's August 10, 2022, request to remove three previously EPA 
approved Wisconsin Administrative Orders from the SIP. An explanation 
of the CAA requirements, a detailed analysis of the revisions, and 
EPA's reasons for proposing approval were provided in the notice of 
proposed rulemaking (88 FR 5840) and will not be restated here. The 
public comment period for this proposed rule ended on March 1, 2023. 
EPA received no adverse comments on the proposal. Therefore, we are 
finalizing our action as proposed.

II. Final Action

    EPA is approving in the Wisconsin SIP additions, corrections, and 
clarifications related to rules in WAC Chapters 400, 419, 421, 422, 
423, 425, 439, and 484. Specifically we are approving NR 
400.02(intro.), NR 419.02(intro.), NR 421.02(intro.), NR 422.01, NR 
422.02, NR 422.03, NR 422.04, NR 422.05, NR 422.06, NR 422.08, NR 
422.083, NR 422.084, NR 422.127, NR 422.128, NR 422.14, NR 422.145, NR 
422.15, NR 422.151, NR 423.035(2)(a)1., NR 423.037(2)(a)1., NR 
425.04(3)(a), NR 439.04(4) and (5), and NR 484.10 Table 5 Rows (9) and 
(25m), as published in the Wisconsin Register, May 2022 No. 797, 
effective June 1, 2022. These revisions are consistent with the 
Miscellaneous Industrial Adhesives and Miscellaneous Metal and Plastic 
Parts Coatings CTGs issued by EPA in 2008. These revisions are 
approvable because they serve as SIP strengthening measures for 
Wisconsin's VOC rules. Also, EPA is approving Wisconsin's request for 
the removal of the previously approved Administrative Orders AM-20-01, 
AM-20-02, and AM-20-03, submitted in a letter from WDNR on August 10, 
2022. When EPA approves this action, it concurrently

[[Page 36963]]

removes these three Administrative Orders from the Wisconsin SIP. The 
SIP revisions under Wisconsin Board Order AM-20-18 replace AM-20-01, 
AM-20-02, and AM-20-03.

III. Incorporation by Reference

    In this rule, 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 sections I and II of this preamble and set 
forth in the amendments to 40 CFR part 52, 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).
    Also in this document, as described in the amendments to 40 CFR 
part 52 set forth below, EPA is removing provisions of the EPA-Approved 
Wisconsin Regulations and Statutes from the Wisconsin State 
Implementation Plan, which is incorporated by reference in accordance 
with the requirements of 1 CFR part 51.

IV. 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);
     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); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    WDNR did not evaluate environmental justice considerations as part 
of its SIP submittal; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this action. Due to the nature 
of the action being taken here, this action is expected to have a 
neutral to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 August 7, 2023. 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, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: May 31, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 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 removing and reserving paragraphs 
(c)(139) and (140) and by adding paragraph (c)(148).
    The addition reads as follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (148) On June 28, 2022, WDNR submitted a SIP revisions request that 
consists of several additions, corrections, and clarifications within 
the Wisconsin Administrative code NR 400 series and updates the VOC 
RACT requirements for Miscellaneous Industrial Adhesives and 
Miscellaneous Metal and Plastic Parts Coatings CTG

[[Page 36964]]

source categories. Also, on August 10, 2022, WDNR submitted a request 
to remove from the SIP three Administrative Orders (AM-20-01, AM-20-02, 
AM-20-03) previously approved in paragraphs (c)(139) and (140) of this 
section. These SIP revisions apply to nonattainment areas in Wisconsin 
classified as moderate or above under the 2008 or later ozone standard. 
These revisions are consistent with the CTG documents issued by EPA in 
2008 and are approvable because they serve as SIP strengthening 
measures.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 400.02(intro.), as published in the Wisconsin Register, May 
2022 No. 797, effective June 1, 2022.
    (B) NR 419.02(intro.), as published in the Wisconsin Register, May 
2022 No. 797, effective June 1, 2022.
    (C) NR 421.02(intro.), as published in the Wisconsin Register, May 
2022 No. 797, effective June 1, 2022.
    (D) NR 422.01, NR 422.02, NR 422.03, NR 422.04, NR 422.05, NR 
422.06, NR 422.08, NR 422.083, NR 422.084, NR 422.127, NR 422.128, NR 
422.14 and 422.145, NR 422.15 and 422.151, as published in the 
Wisconsin Register, May 2022 No. 797, effective June 1, 2022.
    (E) NR 423.035(2)(a)1., and NR 423.037(2)(a)1., as published in the 
Wisconsin Register, May 2022 No. 797, effective June 1, 2022.
    (F) NR 425.04(3)(a), as published in the Wisconsin Register, May 
2022 No. 797, effective June 1, 2022.
    (G) NR 439.04(4) and (5), as published in the Wisconsin Register, 
May 2022 No. 797, effective June 1, 2022.
    (H) NR 484.10 Table 5 Rows (9) and (25m), as published in the 
Wisconsin Register, May 2022 No. 797, effective June 1, 2022.
    (ii) [Reserved]

[FR Doc. 2023-11893 Filed 6-5-23; 8:45 a.m.]
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