Approval and Promulgation of Implementation Plan; Wisconsin

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI39-02-6384; FRL-4894-2]

Approval and Promulgation of Implementation Plan; Wisconsin

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is approving a revision to Wisconsin's State

Implementation Plan (SIP) for ozone. On September 22, 1993, and January

14, 1994, the Wisconsin Department of Natural Resources (WDNR)

submitted volatile organic compound (VOC) rules to the USEPA as a

proposed revision to Wisconsin's ozone SIP. These rules replace the

Chapter NR 154 (154 series) regulations currently contained in

Wisconsin's federally approved ozone SIP with Chapter NR 400 (400

series) regulations which are consistent with the current Wisconsin

Administrative Code. In addition to renumbering Wisconsin's VOC

regulations, this revision addresses the following: the requirement of

Wisconsin's March 9, 1984 SIP that the State submit major source non-

control technology guideline (non-CTG) reasonably available control

technology (RACT) regulations; the USEPA's SIP call of May 26, 1988;

the requirement of the Clean Air Act as amended in 1990 (Act) that

States correct deficient VOC RACT rules (``fix-up'' requirement); and

the requirement of the Act that States adopt VOC RACT rules where not

previously required (``catch-up'' requirement). Further, this revision

redefines RACT for non-vapor conveyorized degreasers, high performance

architectural coatings, and fire truck and emergency response vehicle

manufacturing.

EFFECTIVE DATE: This final rule is effective September 14, 1994.

ADDRESSES: Copies of the SIP revision request and the USEPA's analysis

are available for inspection at the following location: (It is

recommended that you telephone Kathleen D'Agostino at (312) 886-1767

before visiting the Region 5 office.)

United States Environmental Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Air Toxics and

Radiation Branch (AT-18J), United States Environmental Protection

Agency, Region 5, Chicago, Illinois 60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION: On February 25, 1994 (59 FR 9158), the USEPA

published a document proposing approval of revisions to the Wisconsin

SIP for ozone which were submitted for parallel processing on September

22, 1993. On January 14, 1994, the State submitted final rules to

replace the portions of the September 22, 1993, submittal which were

not yet fully effective. Today the USEPA is taking final action to

approve these revisions.

Background

On September 22, 1993, Wisconsin submitted VOC rules to the USEPA

as a proposed revision to the State's ozone SIP. The proposed revision

was submitted to the USEPA for parallel processing because portions of

the rules had been adopted by the WDNR's Natural Resources Board, but

were not as yet fully effective at the State level. On January 14,

1994, the State submitted fully effective rules to complete the

September 22, 1993, submittal.

These rules replace the 154 series regulations currently contained

in Wisconsin's ozone SIP with 400 series regulations which are

consistent with the current Wisconsin Administrative Code. More

specifically, the September 22, 1993, submission consists of Chapters

NR 400, 419 to 425 (excluding NR 419.07), 439 and 484, as related to

VOCs. This includes Order AM-36-92, which contains VOC rule revisions

adopted by the State of Wisconsin's Natural Resources Board on July 29,

1993. In addition to renumbering Wisconsin's VOC regulations, this

revision fully addresses the following: the requirement of Wisconsin's

March 9, 1984 SIP that the State submit major source non-CTG RACT

regulations; the USEPA's SIP call of May 26, 1988; and the RACT fix-up

requirement of section 182(a)(2)(A) of the Act. Additionally, this

submittal expands the geographic coverage of Wisconsin's VOC RACT rules

(where this has not already been done) to Door, Kewaunee, Manitowoc,

and Washington Counties and lowers the applicability cutpoint for

existing major non-CTG regulations to 25 tons per year (tpy) of VOC for

sources located in the Milwaukee area.\1\ In doing so, these rules

partially address the RACT catch-up requirement of section 182(b)(2) of

the Act. The catch-up requirement will be fully addressed when the

Wisconsin submits its rules for major non-CTG sources, currently

expected in 1994. Further, this revision redefines RACT for non-vapor

conveyorized degreasers, high performance architectural coatings, and

fire truck and emergency response vehicle manufacturing. A detailed

discussion of the background for the above rules and nonattainment

areas is provided in the notice of proposed rulemaking (NPR) cited

above.

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\1\Under the 1990 amendments, major sources in severe areas are

defined as those with the potential to emit 25 tpy or more of VOCs.

This revision ensures that the definition of major source contained

in the amendments is reflected in existing major non-CTG

regulations.

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The USEPA has evaluated all of Wisconsin's rules, as submitted on

September 22, 1993, and January 14, 1994, for consistency with the

requirements of the Act, USEPA regulations and the USEPA's

interpretation of these requirements as expressed in the various USEPA

policy documents referenced in the NPR. The USEPA has found that the

rules meet the requirements applicable to ozone and is, therefore,

approving the rules for incorporation into the State's ozone SIP.\2\ A

detailed discussion of the rule provisions and evaluations has been

provided in the NPR and in technical support documents available at the

USEPA's Region 5 office.

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\2\The USEPA is approving rules NR 421.03, NR 421.04, NR 422.09,

NR 422.155 into the SIP for their strengthening effect, but not as

meeting RACT.

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Public Comments

A 30-day public comment period was provided in the NPR. The USEPA

received no comments on the proposed action.

USEPA Action

The USEPA is today approving the above-referenced rules into

Wisconsin's ozone SIP as fully meeting the following: the requirement

of Wisconsin's March 9, 1984 SIP that the State submit major source

non-CTG RACT regulations; the USEPA's SIP call of May 26, 1988; and the

RACT fix-up requirement of section 182(a)(2)(A) of the Act.

Additionally, the USEPA is proposing to approve these rules as meeting

part of the RACT catch-up requirements of section 182(b)(2) of the Act.

Regulatory Process

This action makes final the action proposed at 59 FR 9158. As noted

elsewhere in this document, USEPA received no adverse public comment on

the proposed action. As a direct result, the Regional Administrator has

reclassified this action from Table 2 to a Table 3 under the processing

procedures established at 54 FR 2214, January 19 1989.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the

USEPA must prepare a regulatory flexibility analysis assessing the

impact of any proposed or final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, the USEPA may certify that the rule will not

have a significant impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

State Implementation Plan approvals under section 110 and

subchapter I, part D, of the Act do not create any new requirements,

but simply approve requirements that the State is already imposing.

Therefore, because the Federal SIP approval does not impose any new

requirements, I certify that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-state relationship under the Act, preparation of a regulatory

flexibility analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Act forbids the USEPA to base its

actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 256-66 (1976).

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 October 14, 1994. 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

Air pollution control, Environmental protection, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: May 11, 1994.

Michelle D. Jordan,

Acting Regional Administrator.

40 CFR part 52, Subpart YY, is amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart YY--Wisconsin

2. Section 52.2570 is amended by adding paragraph (c)(73) to read

as follows:

Sec. 52.2570 Identification of plan.

* * * * *

(c) * * *

(73) Revisions to the ozone State Implementation Plan (SIP) were

submitted by the Wisconsin Department of Natural Resources on September

22, 1993, and January 14, 1994. These rules replace the 154 series

stationary source VOC regulations previously contained in Wisconsin's

ozone SIP with 400 series regulations which are consistent with the

current Wisconsin Administrative Code. These rules are only being

approved as they apply to the ozone SIP.

(i) Incorporation by reference. The following chapters of the

Wisconsin Administrative Code are incorporated by reference.

(A) Chapter NR 400: Air Pollution Control Definitions.

(B) Chapter NR 419: Control of Organic Compound Emissions, except

for NR 419.07.

(C) Chapter NR 420: Control of Organic Compound Emissions from

Petroleum and Gasoline Sources.

(D) Chapter NR 421: Control of Organic Compound Emissions from

Chemical, Coatings and Rubber Products Manufacturing.

(E) Chapter NR 422: Control of Organic Compound Emissions from

Surface Coating, Printing and Asphalt Surfacing Operations.

(F) Chapter NR 423: Control of Organic Compound Emissions from

Solvent Cleaning Operations.

(G) Chapter NR 424: Control of Organic Compound Emissions from

Process Lines.

(H) Chapter NR 425: Compliance Schedules, Exceptions, Registration

and Deferrals for Organic Compound Emission Sources in CHS. NR 419 to

424.

(I) Chapter NR 439: Reporting, Recordkeeping, Testing, Inspection

and Determination of Compliance Requirements.

(J) Chapter NR 484: Incorporation by Reference.

[FR Doc. 94-19842 Filed 8-12-94; 8:45 am]

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