Approval and Promulgation of Implementation Plan; Wisconsin

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI39-01-6079; FRL-4842-1]

Approval and Promulgation of Implementation Plan; Wisconsin

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Proposed rule.

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SUMMARY: The USEPA is proposing to approve a revision to Wisconsin's

State Implementation Plan (SIP) for ozone. On September 22, 1993, 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. This proposed

revision is being parallel processed because portions of the rules

submitted on September 22, 1993 have been adopted by the WDNR's Natural

Resources Board, but are not as yet fully effective at the State level.

The USEPA is proposing to take final action approving these rules if

and when they become fully effective providing that they are submitted

to the USEPA in a timely manner.

DATES: Comments on this revision and on the proposed USEPA action must

be received by March 28, 1994.

ADDRESSES: Written comments should be sent to:Carlton T. Nash, Chief,

Regulation Development Section, Air Toxics and Radiation Branch (AT-

18J), USEPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois

60604.

Copies of the SIP revision request and the USEPA's analysis are

available for inspection at the following address: (It is recommended

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

visiting the Region 5 office.)USEPA, 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), USEPA, Region 5, Chicago, Illinois 60604,

(312) 886-1767.

SUPPLEMENTARY INFORMATION:

Background

Under section 107 of the Clean Air Act as amended in 1977 (1977

Act), the USEPA designated certain areas in each State as not attaining

the National Ambient Air Quality Standards (NAAQS) for ozone. For these

areas, section 172(a) of the 1977 Act required that the State revise

its SIP to provide for attaining the primary NAAQS as expeditiously as

practicable, but not later than December 31, 1982.1 section 172(b)

and (c) of the 1977 Act require that for stationary sources, an

approvable SIP must include legally enforceable requirements reflecting

the application of RACT to sources of VOC.2

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\1\The requirements for an approvable SIP are described in a

``General Preamble'' for part D rulemaking published at 44 FR 20372

(April 4, 1979), 44 FR 38583 (July 2, 1979), 44 FR 50371 (August 28,

1979), 44 FR 53761 (September 17, 1979), and 44 FR 67182 (November

23, 1979).

\2\A definition of RACT is contained in a December 9, 1976,

memorandum from Roger Strelow, former Assistant Administrator of Air

and Waste Management and is cited in a General Preamble-Supplement

on Control Technique Guidelines (CTGs), published at 44 FR 53761,

53762 (September 17, 1979). RACT is defined as the lowest emission

limitation that a particular source is capable of meeting by the

application of control technology that is reasonably available,

considering technological and economic feasibility.

The United States Environmental Protection Agency published CTGs

in three phases (Groups I, II and III) in order to assist the States

in determining RACT. The CTGs provide information on available air

pollution control techniques and provide recommendations on what the

USEPA considers the ``presumptive norm'' for RACT. All other sources

which are not covered by Group I, II, or III CTGs are referred to as

``non-CTG'' sources. Under the 1977 Act, ``non-CTG major sources''

were sources that have the potential to emit more than 100 tons per

year (TPY) of VOC and for which a CTG has not been published. Under

the Act as amended in 1990, the definition of ``major source'' has

been linked to the area's classification; i.e., while for marginal

and moderate areas major sources continue to be defined as those

with potential to emit 100 TPY, major sources in serious, severe,

and extreme areas are defined as those with potential to emit 50,

25, and 15 TPY, respectively. Therefore, under the amended Act, the

definition of ``non-CTG major source'' depends on the classification

of a specific area.

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In partial response to the requirement for VOC RACT rules, the

State of Wisconsin submitted and the USEPA approved controls

representing the application of RACT for certain stationary sources of

VOCs covered by the first two groups of CTGs (RACT I-40 CFR

52.2570(c)(13) (January 11, 1980, 45 FR 2319) and RACT II-40 CFR

52.2570(c)(27) (June 21, 1982, 47 FR 26622)).

Part D allowed the USEPA, though, to grant extensions of up to

December 31, 1987 to those States that could not demonstrate attainment

of the ozone standard by December 31, 1982, if certain conditions were

met by the State in revising its SIP.3 Wisconsin requested and

received an extension to December 31, 1987 for achieving the ozone

NAAQS for five counties (Kenosha, Milwaukee, Ozaukee, Racine, and

Waukesha). This extension was granted on May 6, 1981 (46 FR 25294) and

obligated the State to develop, for sources located in the five-county

nonattainment area in southeastern Wisconsin, RACT regulations

addressed by the Group III CTGs (RACT III) and RACT regulations for

major sources not addressed by a CTG (major non-CTG RACT). The State of

Wisconsin submitted and the USEPA approved controls representing the

application of RACT for stationary sources of VOCs covered by the third

group of CTGs on May 10, 1985 (40 CFR 52.2570(c)(39) (50 FR 19682)) and

June 28, 1985 (40 CFR 52.2570(c)(41) (50 FR 26735)).

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\3\On January 22, 1981, (46 FR 7182), the USEPA published

guidance for the development of 1982 ozone SIPs in ``State

Implementation Plans: Approval of 1982 Ozone and Carbon Monoxide

Plan Revisions for Areas Needing an Attainment Date Extension.''

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On May 26, 1988, Valdas V. Adamkus, Regional Administrator, USEPA,

Region 5, notified Governor Tommy G. Thompson pursuant to section

110(a)(2)(H) of the 1977 Act that the Wisconsin SIP was substantially

inadequate to achieve the NAAQS for ozone in parts of Wisconsin. This

letter to the Governor further stated that Wisconsin was required under

the 1977 Act to correct the deficiencies and inconsistencies in its

existing VOC regulations. A June 17, 1988 SIP call follow-up letter to

Wisconsin identified the deficiencies and inconsistencies in its

existing VOC stationary source RACT regulations which had been

previously approved by the USEPA. This letter also noted that

approvable non-CTG regulations were lacking for resin manufacturing,

coating manufacturing, aerosol can filling and leather coating. The

USEPA published an informational notice on September 7, 1988 (53 FR

34500) on the call for a SIP revision and on guidance documents,

including the May 25, 1988 document, ``Issues Relating to VOC

Regulation Cutpoints, Deficiencies, and Deviations'' (Bluebook).

The Clean Air Act Amendments of 1990 were enacted on November 15,

1990. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-

7671q. In amended section 182(a)(2)(A), Congress statutorily adopted

the requirement that pre-enactment ozone nonattainment areas that

retained their designation of nonattainment and were classified as

marginal or above fix their deficient RACT rules for ozone by May 15,

1991. Specifically, this section requires such areas to correct RACT as

it was required under pre-amendment section 172(b) as that requirement

was interpreted in pre-amendment guidance (the ``fix-up''

requirement).4 The SIP call letters interpreted that guidance and

indicated corrections necessary for specific nonattainment areas. Five

counties in the Milwaukee area (Kenosha, Milwaukee, Ozaukee, Racine,

and Waukesha) and the Sheboygan area retained their designation of

nonattainment and were classified as severe and moderate, respectively.

Therefore, these nonattainment areas are subject to the RACT fix-up

requirement and the May 15, 1991 deadline.

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\4\Among other things, the pre-amendment guidance consists of

the VOC RACT portions of the Post-87 policy, 52 FR 45044 (November

24, 1987); ``Issues Relating to VOC Regulation Cutpoints,

Deficiencies and Deviations, Clarification to Appendix D of November

24, 1987 Federal Register Notice'' (Bluebook) (notice of

availability published in the Federal Register on May 25, 1988); and

the existing CTGs.

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Section 182(b)(2) of the Act requires States to adopt RACT rules

for all areas designated nonattainment for ozone and classified as

moderate or above. There are three parts to the section 182(b)(2) RACT

requirement: (1) RACT for sources covered by an existing CTG--i.e., a

CTG issued prior to the enactment 1990 amendments; (2) RACT for sources

covered by a post-enactment CTG; and (3) all major sources not covered

by a CTG. This section requires nonattainment areas to regulate sources

that previously were exempt from RACT requirements and thereby ``catch

up'' to those nonattainment areas that became subject to those

requirements during an earlier period. In addition, it requires newly

designated ozone nonattainment areas to adopt RACT rules consistent

with those for previously designated nonattainment areas. The counties

of Kewaunee, Manitowoc, and Sheboygan and the Milwaukee area (including

Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha) are the

only areas in Wisconsin designated nonattainment and classified as

moderate or above. Therefore, these are the areas in Wisconsin subject

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

State Submittal

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

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

supersedes the following rule revision submittals: October 3, 1986

(non-CTG rules for aerosol can filling, coating manufacturing, and

synthetic resin manufacturing); February 5, 1987 (non-CTG rule for

leather coating); February 18, 1988 (RACT for non-vapor conveyorized

degreasers); June 28, 1988 (non-CTG rule for aerosol can filling);

August 30, 1988 (RACT for high performance architectural coatings);

November 1, 1989 (internal offsets); April 17, 1990 (rule corrections

in response to the 1988 SIP call); and May 21, 1990 (RACT for fire

truck and emergency response vehicle manufacturing)5. The proposed

revision has been submitted to the USEPA for parallel processing

because portions of the rules have been adopted by the WDNR's Natural

Resources Board, but are not as yet fully effective at the State level.

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\5\In its May 21, 1990, submittal, the State requested that the

rule revisions to the Wisconsin Administrative Code as approved by

the Natural Resources Board (NRB) in Order AM-46-88 (fire truck and

emergency response vehicle manufacturing) and modified by NRB Order

AM-20-89 (April 17, 1990, RACT correction submittal) be incorporated

into Wisconsin's federally-approved SIP. Thus, the regulatory

language submitted on April 17, 1990, actually supersedes the

regulatory language submitted on May 21, 1990. To clarify this it

should be noted that the April 17, 1990 and May 21, 1990 dates are

dates of submittal. The May 21, 1990 submittal was actually approved

prior to the approval of the April 17, 1990 submittal. This is why

the April 17, 1990 regulatory language takes precedence.

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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.6 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.

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\6\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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USEPA's Analysis of the State's Submittal

The following is a summary of the major changes to Wisconsin's VOC

regulations contained in the State's submittal.

I. Chapter NR 400: Air Pollution Control Definitions

This chapter contains definitions used throughout the remaining

chapters.

A. ``Maximum Theoretical Emissions''

The State has established the following definition: ``'Maximum

theoretical emissions' means the quantity of air contaminants that

theoretically could be emitted by a stationary source without control

devices based on the design capacity or maximum production capacity of

the source and 8,760 hours of operation per year. In determining the

maximum theoretical emissions of VOCs for a source, the design capacity

or maximum production capacity shall include the use of raw materials,

coatings and inks with the highest VOC content used in practice by the

source.'' This definition is clear and consistent with USEPA RACT

guidelines.

B. ``Volatile Organic Compound'' or ``VOC''

The State has revised the definition to read as follows:

``'Volatile organic compound' or 'VOC' means any organic compound which

participates in atmospheric photochemical reactions. This includes any

such organic compound other than the following compounds, which have

been determined to have negligible photochemical reactivity: (a)

Methane, (b) Ethane, (c) Methylene chloride (Dichloromethane), (d)

1,1,1-Trichloroethane (Methyl chloroform), (e) Trichlorofluoromethane

(CFC-11), (f) Dichlorodifluoromethane (CFC-12), (g)

Chlorodifluoromethane (CFC-22), (h) Trifluoromethane (FC-23), (i)

1,1,1-Trichloro-2,2,2-trifluoroethane (CFC-113), (j) 1,2-Dichloro-

1,1,2,2-tetrafluoroethane (CFC-114), (k) Chloropentafluoroethane (CFC-

115), (l) 1,1,1-Trifluoro-2,2-dichloroethane (HCFC-123), (m) 1-Chloro-

1,1,1,2-tetrafluoroethane (HCFC-124), (n) Pentafluoroethane (HFC-125),

(o) 1,1,2,2-Tetrafluoroethane (HFC-134), (p) 1,1,1,2-Tetrafluoroethane

(HFC-134a), (q) 1,1-Dichloro-1-fluoroethane (HCFC-141b), (r) 1-Chloro-

1,1-difluoroethane (HCFC-142b), (s) 1,1,1-Trifluoroethane (HFC-143a),

(t) 1,1-Difluoroethane (HFC-152a), and (u) perfluorocarbon compounds

which fall in to the following classes: 1. Cyclic, branched or linear

completely fluorinated alkanes. 2. Cyclic, branched or linear

completely fluorinated ethers with no unsaturations. 3. Cyclic,

branched or linear completely fluorinated tertiary amines with no

unsaturations, and 4. Sulfur containing perfluorocarbons with no

unsaturations and with sulfur bonds only to carbon and fluorine.'' This

definition is consistent with USEPA's definition of VOC (40 CFR

51.100).

II. Chapter NR 419: Control of Organic Compound Emissions

This chapter contains definitions and general regulations

(including those pertaining to the disposal of VOC wastes, the storage

of organic compounds and the transfer of organic compounds) which apply

to VOC sources.7

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\7\Section 419.07 regulates the remediation of contaminated soil

or water. The WDNR requested that this section not be incorporated

into the State's ozone SIP. Therefore, USEPA is not taking action on

this section.

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Storage of Any Organic Compound

The State has revised this section to require that any alternative

control method approved by the WDNR be submitted to, and not become

effective for Federal purposes until approved by, the USEPA as a SIP

revision.

III. Chapter NR 420: Control of Organic Compound Emissions from

Petroleum and Gasoline Sources

This chapter contains definitions and specific regulations

pertaining to the storage of petroleum liquids, transfer operations and

associated equipment, motor vehicle fueling,8 and petroleum

refinery sources.

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\8\On August 13, 1993 (58 FR 43080), the USEPA published a

direct final approval of the proposed revisions to Wisconsin's SIP

relating to motor vehicle fueling that became effective on October

13, 1993. These revisions will not be discussed in today's

rulemaking.

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A. Storage of Petroleum Liquids; Exemptions

The State has revised this section by removing the exemption for

underground storage vessels where the total volume of petroleum liquids

added to and taken from the tank annually did not exceed twice the

volume of the tank. This exemption was replaced with an exemption for

horizontal underground storage tanks used to store JP-4 jet fuel.

B. Storage of Petroleum Liquids; Inspections of Fixed Roof Vessels

The State has revised the provision relating to the inspection of

covers and seals so as to require inspections whenever the tank is

emptied or at least every 5 years, whichever is more frequent.

C. Storage of Petroleum Liquids; Alternate Control Methods

The State has revised this section to require that any alternative

control method approved by the WDNR be submitted to, and not become

effective for Federal purposes until approved by, the USEPA as a SIP

revision.

D. Transfer Operations and Associated Equipment; Bulk Gasoline Plants

The State has revised this rule to apply to facilities which have

an average daily throughput of 4,000 gallons of gasoline or more on a

30-day rolling average. In addition, this section was revised to

require that any source subject to this section shall remain subject to

this subsection even if its throughput later falls below the

applicability thresholds.

E. Transfer Operations and Associated Equipment; Gasoline Dispensing

Facilities

The State revised this section to allow sources to comply by using

a refrigeration-condensation system capable of recovering at least 90

percent by weight of the organic compounds in the displaced vapor or an

equally effective alternative control method approved by the

department. The State also added the requirement that any alternative

control method approved under this subsection be submitted to, and not

become effective for Federal purposes until approved by, the USEPA as a

source-specific SIP revision.

F. Transfer Operations and Associated Equipment; Gasoline Delivery

Vessels

The State revised this section to require that records be kept not

only of the results of pressure tests, but also of all data collected

during the test.

IV. Chapter NR 421: Control of Organic Compound Emissions from

Chemical, Coatings and Rubber Products Manufacturing

This chapter contains definitions and specific regulations

pertaining to chemical manufacturing, pneumatic rubber tire

manufacturing, synthetic resin manufacturing, and coatings

manufacturing.

A. Chemical Manufacturing

The provisions of this subsection are not consistent with USEPA

RACT guidelines. However, the State has made an adequate demonstration

that there are no sources in nonattainment areas in this category.

USEPA is approving this negative declaration into the SIP as fulfilling

the RACT requirement for these source categories. In addition, USEPA is

approving the submitted rules into the SIP for their strengthening

effect, but not as meeting RACT. If major VOC sources falling under

this category are constructed in an ozone nonattainment area, these

sources will be required to control their emissions with the lowest

achievable emission rate under New Source Review provisions. In

addition, the State's negative declaration would no longer be

supportable and the State would then need to submit RACT rules for this

category.

B. Pneumatic Rubber Tire Manufacturing

The provisions of this subsection are not consistent with USEPA

RACT guidelines. However, the State has made an adequate demonstration

that there are no sources in nonattainment areas in this category.

USEPA is approving this negative declaration into the SIP as fulfilling

the RACT requirement for these source categories. In addition, USEPA is

approving the submitted rules into the SIP for their strengthening

effect, but not as meeting RACT. If major VOC sources falling under

this category are constructed in an ozone nonattainment area, these

sources will be required to control their emissions with the lowest

achievable emission rate under New Source Review provisions. In

addition, the State's negative declaration would no longer be

supportable and the State would then need to submit RACT rules for this

category.

C. Synthetic Resin Manufacturing

This non-CTG rule, not previously incorporated into the State's

SIP, applies to reaction tanks, thinning tanks, blending tanks and

other process vessels used in any synthetic resin manufacturing

facility which has maximum theoretical emissions of VOCs greater than

or equal to 100 tpy and which is located in the counties of Door,

Kewaunee, Manitowoc, Sheboygan or Walworth, or which has maximum

theoretical emissions of VOCs greater than or equal to 25 tpy and which

is located in the counties of Kenosha, Milwaukee, Ozaukee, Racine,

Washington, or Waukesha. The regulation requires that each vent from

reaction tanks, and all blending tanks and thinning tanks be equipped

with either of the following: (1) A surface condenser, or equally

effective control device approved by the WDNR, and a vapor recovery or

control system that reduces emissions from the surface condenser or

equally effective device by 85 percent; or (2) an equivalent system or

approach demonstrated to reliably control emissions from a process that

does not include a condenser by not less than 90 percent as approved by

the WDNR. Any equally effective control equipment or equivalent system

approved by WDNR under this paragraph must be submitted to, and not

become effective for Federal purposes until approved by, the USEPA as a

site-specific SIP revision.

The rule further requires equipment which processes or contains VOC

to be either enclosed or covered. Each valve, pump, sealed agitator,

compressor, flange and relief valve must be inspected bimonthly for

indications of dripping liquid. In addition, if this equipment is used

with a process stream which contains at least 10.0 percent VOCs by

weight, annual monitoring is required, unless it is located within 2

meters of a permanent support surface, in which case quarterly

monitoring is required. All leaks detected must be repaired within 15

days or, if technically infeasible without a process unit shutdown,

before the end of the next such shutdown. Documentation, including the

description of the equipment that leaked, date of detection, date of

repair, dates of follow-up inspection, and an explanation of what

caused the leak, is required on a quarterly basis.

D. Coatings Manufacturing

This non-CTG rule, not previously incorporated into the State's

SIP, applies to pigment dispersion chambers, thinning tanks, tinting,

straining, blending tanks and other process vessels used in any

coatings manufacturing facility which has maximum theoretical emissions

of VOCs greater than or equal to 100 tpy and which is located in the

counties of Door, Kewaunee, Manitowoc, Sheboygan or Walworth, or which

has maximum theoretical emissions of VOCs greater than or equal to 25

tpy and which is located in the counties of Kenosha, Milwaukee,

Ozaukee, Racine, Washington, or Waukesha. The regulation requires that

all vats be covered with lids, except to add ingredients or to take

samples; all vats, high speed dispersion mills, grinding mills and

roller mills be cleaned in a way which minimizes the emissions of VOCs

into the atmosphere, and all grinding mills be equipped with fully

enclosed screens.

The rule further requires that each valve, pump, sealed agitator,

compressor, flange and relief valve be inspected bimonthly for

indications of dripping liquid. In addition, if this equipment is used

with a process stream which contains at least 10.0 percent VOCs by

weight, annual monitoring is required, unless it is located within 2

meters of a permanent support surface, in which case quarterly

monitoring is required. All leaks detected must be repaired within 15

days or, if technically infeasible without a process unit shutdown,

before the end of the next such shutdown. Documentation, including the

description of the equipment that leaked, date of detection, date of

repair, dates of follow-up inspection, and an explanation of what

caused the leak, is required on a quarterly basis.

V. Chapter NR 422: Control of Organic Compound Emissions from Surface

Coating, Printing and Asphalt Surfacing Operations

This chapter contains definitions and specific regulations

pertaining to can coating, coil coating, paper coating, fabric and

vinyl coating, leather coating, automobile and light-duty truck

manufacturing, furniture metal coating, surface coating of large

appliances, magnet wire coating, flat wood panel coating, graphic arts,

miscellaneous metal parts and products, fire truck and emergency

response vehicle manufacturing, and use of asphalt surfacing materials.

A. Definitions

The following revisions have been made to the definitions included

in this subsection:

1. The definition of ``fabric coating'' has been revised to include

the saturation coating of textile substrates.

2. ``Organisol'' has been defined to be a thick coating containing

resin, plasticizers and organic solvent used to coat flexible

substances, such as paper or fabrics.

3. The definition of ``paper coating'' has been revised to include

saturation coating of paper. The definition has also been revised to

include the web coating of ``plastic films'' rather than ``plastic

fibers'' as a source type subject to the coating rules.

4. ``Plastisol'' has been defined to be a composition of finely

divided resin and plasticizer used to coat flexible substances, such as

paper or fabrics, which is applied as a thick gel which solidifies when

heated.

5. The definition of ``pretreatment coat'' has been revised to mean

a coating applied directly to metal substrates and which contain at

least 1/2 percent acid by weight and is used to provide surface

etching, corrosion resistance and enhanced adhesion of subsequent

coatings.

6. ``Saturation coating'' has been defined as the application of a

coating which permeates the substrate to which it is applied.

7. The definition of ``vinyl coating'' was revised to exclude the

application of plastisols and organisols and to include urethane coated

fabric and urethane sheets.

B. Exemptions

The exemptions in this section have been revised as follows:

1. The exemption for sources whose actual emissions were never

greater than 15 pounds per day and 3.1 pounds per hour was revised. The

regulation now allows exemptions only for sources whose actual

emissions from all lines meeting the same applicability requirements

within the facility are never greater than 15 pounds per day with all

emission control equipment inoperative.

2. The exemption for miscellaneous metal parts and products and

fire truck and emergency response vehicle manufacturing sources whose

emissions were never greater than 10 tpy with all emission control

equipment inoperative was revised. The regulation now exempts

miscellaneous metal parts and products and fire truck and emergency

response vehicle manufacturing sources which have maximum theoretical

emissions of VOCs from all surface coating process lines of less than

or equal to 10 tpy.

3. The exemption covering coating sources, other than graphic arts,

which have total emissions of VOCs, with all emission control equipment

inoperative, of less than or equal to 100 tpy no longer applies in Door

or Kewaunee counties.

4. The exemption for printing facilities whose emissions, with all

emission control equipment inoperative, are less than or equal to 100

tpy was revised. The regulation now exempts printing facilities which

are located in the counties of Kenosha, Milwaukee, Ozaukee, Racine,

Washington or Waukesha and have maximum theoretical emissions of VOCs

of less than or equal to 25 tpy, or are located outside of these

counties and have maximum theoretical emissions of VOCs less than or

equal to 100 tpy.

5. The exemption relating to leather coating facilities has been

revised to exempt facilities located outside the counties of Door,

Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan,

Walworth, Washington and Waukesha; or located in the counties of

Kenosha, Milwaukee, Ozaukee, Racine, Washington, or Waukesha and which

have maximum theoretical emissions of VOCs of less than 25 tpy, or

located in the counties of Door, Kewaunee, Manitowoc, Sheboygan or

Walworth, and which have maximum theoretical emissions of VOCs of less

than 100 tpy.

C. Methods of Compliance

Sources may achieve compliance through the use of an equivalent

system or approach demonstrated to reliably control emissions to a

level at or below the applicable emission limit. In addition, sources

have the option of achieving compliance through the use of an

alternative control method or system involving a high transfer

efficiency coating application system. In either case, the equivalent

or alternate method or system must be approved by the WDNR and

submitted to USEPA as a site-specific SIP revision. This revision would

not become effective for Federal purposes until approved by the USEPA.

This subsection has also been revised to allow sources to

demonstrate compliance through a daily volume-weighted average of all

coatings or inks applied by emission units subject to the same emission

limitation in a process line. The regulation includes equations

specifying the required method for calculating daily volume-weighted

average VOC content. Sources not covered by one of the equations

specified in this subsection may comply by means of in-line averaging

only by obtaining the WDNR's approval. Any such approval must be

submitted to, and will not become effective for Federal purposes until

approved by, the USEPA as a site-specific SIP revision.

D. Leather Coating

This non-CTG rule, not previously incorporated into the State's

SIP, limits emissions from leather coating facilities to 18.6 kilograms

per 100 square meters (38 pounds per 1000 square feet) of coated

product calculated on a daily average basis. The regulation contains

equations and procedures specifying the required method for determining

compliance with the regulation as well as detailed recordkeeping

requirements.

E. Automobile and Light-Duty Truck Manufacturing

The provisions of this subsection are not consistent with USEPA

RACT guidelines. However, the State has made an adequate demonstration

that there are no sources in nonattainment areas in this source

category. USEPA is approving this negative declaration into the SIP as

fulfilling the RACT requirement for these source categories. In

addition, USEPA is approving the submitted rules into the SIP for their

strengthening effect, but not as meeting RACT. If major VOC sources

falling under this category are constructed in an ozone nonattainment

area, these sources will be required to control their emissions with

the lowest achievable emission rate under New Source Review provisions.

In addition, the State's negative declaration would no longer be

supportable and the State would then need to submit RACT rules for this

category.

F. Graphic Arts

Sources are allowed to comply with the regulation through the use

of an alternative VOC emission reduction system demonstrated to have at

least 90 percent reduction efficiency, as measured across the control

system. The regulation was revised to require that any such alternative

system be not only approved by the WDNR, but also submitted to the

USEPA as a site-specific SIP revision. Any such revision would not

become effective for Federal purposes until approved by the USEPA.

In addition, the regulation was revised to require that the overall

emission reduction efficiency of any capture system and control device

be at least 75 percent where a publication rotogravure process is

employed, 65 percent where a packaging rotogravure process is employed,

and 60 percent where a flexographic printing process is employed.

G. Miscellaneous Metal Parts and Products

The applicability subsection has been modified to eliminate the

exemption for coating operations involved in the application of

specialized coatings required by State of Federal agencies on products

made for their use. The exemptions for adhesives, sealants or fillers

and the silk screening of metal parts and products and the emission

limitations for pretreatment coats have been revised to apply only to

facilities located outside the counties of Door, Kenosha, Kewaunee,

Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington

and Waukesha.

In addition, this section contains emission limitations for high

performance architectural coatings which have not previously been

incorporated into the State's SIP. This rule limits such coatings to

5.4 and 5.8 pounds of VOC per gallon of coating, excluding water, for

prime coating and other coatings, respectively. These limits apply only

to sources using such coatings prior to July 1, 1983, and located

outside the counties of Brown, Calumet, Dane, Dodge, Door, Fond du Lac,

Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee,

Racine, Rock, Sheboygan, Walworth, Washington, Waukesha and Winnebago.

H. Fire Truck and Emergency Response Vehicle Manufacturing

This section, not previously incorporated into the State's SIP,

applies to coating operations of fire truck and emergency response

vehicle manufacturing where meeting applicable miscellaneous metals

emission limits is not technologically or economically feasible and

where total facility production is less than 35 vehicles per day. This

section establishes the following emission limitations: 6.66 pounds per

gallon of coating, excluding water, delivered to a coating applicator

that applies pretreatment coats; 4.44 pounds per gallon of coating,

excluding water, delivered to a coating applicator that applies prime

coats; 6.00 pounds per gallon of coating, excluding water, delivered to

a coating applicator that applies topcoats; and 3.5 pounds per gallon

of coating, excluding water, delivered to a coating applicator that

applies clear coats. Coating operations subject to this section may not

be involved in an internal offset. It should be noted that the only

facility affected by this regulation is located in an attainment area.

U.S. EPA is approving this negative declaration into the SIP. In

addition, USEPA is approving the submitted rules into the SIP for their

strengthening effect, but not as meeting RACT. If VOC sources falling

under this category are constructed in an ozone nonattainment area,

these sources will be required to control their emissions with the

lowest achievable emission rate under New Source Review provisions. In

addition, the State's negative declaration would no longer be

supportable and the State would then need to submit RACT rules for this

category.

VI. Chapter NR 423: Control of Organic Compound Emissions from Solvent

Cleaning Operations

This chapter contains definitions and specific regulations

pertaining to solvent metal cleaning, perchloroethylene dry cleaning,

and petroleum liquid solvent dry cleaning.

A. Solvent Metal Cleaning; Exemptions

The exemption which applies to cold cleaners to which not more than

1.5 gallons of solvent per day is added and to open top vapor,

conveyorized vapor or conveyorized non-vapor degreasers whose emissions

of VOCs are not more than 15 pounds in any one day nor more than 3.1

pounds in any one hour which are located outside the counties of Brown,

Calumet, Dane, Dodge, Fond du Lac, Jefferson, Kenosha, Manitowoc,

Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth,

Washington, Waukesha and Winnebago has been revised to require that the

sources also be located outside the counties of Door and Kewaunee.

An exemption was added for conveyorized non-vapor degreasers with a

total horizontal solvent-air interface smaller than 21.6 square feet or

to conveyorized non-vapor degreasers which are located outside the

counties of Brown, Calumet, Dane, Dodge, Door, Fond du Lac, Jefferson,

Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine,

Rock, Sheboygan, Walworth, Washington, Waukesha and Winnebago.

B. Solvent Metal Cleaning; Equivalent Control

This section was revised to require that any equivalent control

system approved by the WDNR be submitted to, and not become effective

for Federal purposes until approved by, the USEPA as a site-specific

SIP revision.

C. Solvent Metal Cleaning; Conveyorized Non-Vapor Degreasers

This section was revised to distinguish between conveyorized vapor

degreasers and the much less common conveyorized non-vapor degreasers.

The State adopted control requirements consistent with those previously

approved for conveyorized vapor degreasers including: minimizing

entrance and exit openings during operation, providing downtime covers

for closing off the entrance and exit, placing downtime covers over the

entrances and exits immediately after the conveyors and exhausts are

shut down and not removing until just before start-up, minimizing

carryout emissions, storing waste solvent in covered containers,

disposing of waste in such a way as to prevent more than 15 percent of

the waste solvent to evaporate, and repairing solvent leaks

immediately. In addition, sources must install and operate a carbon

adsorption system demonstrated to have at least 95 percent control

efficiency or an equivalent control system approved by the WDNR and

submitted to the USEPA as a site-specific SIP revision. Any such

revision would not become effective for Federal purposes until approved

by the USEPA.

D. Perchloroethylene Dry Cleaning

This section exempts sources which provide satisfactory

documentation to the WDNR showing that an adsorber cannot be

accommodated because of inadequate space or because insufficient steam

capacity is available to desorb adsorbers. This exemption was revised

to require that any exemption determinations made by the WDNR be

submitted to, and not become effective for Federal purposes until

approved by, the USEPA as a site-specific SIP revision.

E. Petroleum Liquid Solvent Dry Cleaning

The applicability subsection has been modified to apply to

facilities having maximum theoretical emissions of VOCs greater than or

equal to 25 tpy and which are located in the counties of Kenosha,

Milwaukee, Ozaukee, Racine, Washington or Waukesha, or having maximum

theoretical emissions of VOCs greater than or equal to 100 tpy and

which are located in the counties of Door, Kewaunee, Manitowoc,

Sheboygan or Walworth.

VII. Chapter NR 424: Control of Organic Compound Emissions from Process

Lines

This chapter contains definitions and specific regulations

pertaining to process lines emitting organic compounds and aerosol can

filling.

Aerosol Can Filling

This section, not previously incorporated into the State's SIP,

applies to any aerosol can filling facility which has maximum

theoretical emissions of VOCs greater than or equal to 100 tpy and

which is located in the counties of Door, Kewaunee, Manitowoc,

Sheboygan or Walworth, or which has maximum theoretical emissions of

VOCs greater than or equal to 25 tpy and which is located in the

counties of Kenosha, Milwaukee, Ozaukee, Racine, Washington, or

Waukesha. The regulation requires that facilities install and operate a

through-the-valve filling system on the aerosol can filling line, or

install and operate a vapor recovery system or other device approved by

the WDNR which reduces the amount of VOCs emitted by at least 52

percent by weight. Any approval of an alternative device issued by the

WDNR must be submitted to the USEPA as a site-specific SIP revision.

Any such revision would not become effective for Federal purposes until

approved by the USEPA.

VIII. Chapter NR 425: Compliance Schedules, Exceptions, Registration

and Deferrals for Organic Compound Emission Sources in Chapters 419 to

424

This chapter contains definitions and provisions relating to

compliance schedules; exceptions, registrations and nonozone season

allowances; and internal offsets.

A. Compliance Schedules

While most of the compliance schedules are contained in this

chapter, some are included in the chapter containing the control

methods. The regulations have been revised to allow sources previously

exempt from the regulations and now subject to the ``catch-up'' rules

until May 31, 1995 to comply. In addition, for sources which previously

received the WDNR's approval to use an alternative or equivalent

control method or procedure for determining compliance, the sources are

allowed up to 12 months after the effective date of the rule before the

applicable control methods specified under NR 419 to 424 and reference

methods specified under NR 439 can become federally enforceable. Since

these sources will be newly subject to RACT, a period of twelve months

from the date of adoption of these regulations is reasonable. The

compliance dates for the remaining sources have all past. This

provision is acceptable because Chapters NR 419 to 424 and 439 are

being approved for incorporation into the State's SIP.

B. Exceptions, Registrations and Nonozone Season Allowances

This subsection allows sources meeting the requirements of NR 419

to 425 by means of a natural gas-fired incinerator to use that

incinerator only during the ozone season, provided that its operation

is not required for purposes of occupational health or safety or for

the control of toxic or hazardous substances, malodors, or other

pollutants. In addition, this provision may be applied, subject to WDNR

approval, when the requirements of NR 419 to 425 are met by use of

other energy intensive control devices. This subsection was revised to

require that any such approval issued by the WDNR be submitted to, and

not become effective for Federal purposes until approved by, the USEPA

as a site-specific SIP revision.

C. Internal Offsets

This section allows sources to choose to demonstrate compliance

through the use of an internal offset (an internal emissions trade or

``bubble'') under one of two subsections. Under the first subsection,

the internal offset plan must be consistent with the USEPA's ``Emission

Trading Policy Statement; General Principles for Creation, Banking and

Use of Emission Reduction Credits,'' 51 FR 43814, December 4, 1986

(ETPS). In addition, this plan must be submitted to the USEPA and would

not become effective for Federal purposes until it had been approved by

the USEPA as a source-specific SIP revision. Under the second

subsection, the internal offset plan would be approved by the WDNR

under generic internal offset provisions. These generic provisions are

consistent with the USEPA's ETPS. Under this section, only the

following coating source categories may achieve compliance through the

use of an internal offset: can coating, coil coating, paper coating,

leather coating, automobile and light-duty truck manufacturing, metal

furniture coating, large appliance coating, magnet wire coating, flat

wood panel coating, graphic arts, and miscellaneous metal parts and

products coating.

IX. Chapter NR 439: Reporting, Recordkeeping, Testing, Inspection and

Determination of Compliance Requirements

This chapter contains definitions and provisions relating to

reporting, recordkeeping, access to records and inspections, compliance

determinations, emission testing, fuel sampling and analysis,

continuous emission monitoring, circumvention, and malfunction

prevention and abatement plans.

A. Recordkeeping and Reporting

This section has been revised to add detailed recordkeeping and

reporting requirements for coating sources. Additional specific

requirements have been included for sources complying through the use

of daily volume-weighted averaging, internal offsets, or control

devices.

B. Methods and Procedures for Determining Compliance with Emission

Limitations

When tests or a continuous monitoring system are required, sources

must use either the reference methods specified in this chapter or an

alternative or equivalent method approved (or other specific method

required) by the WDNR to determine compliance with emission

limitations. Any alternative, equivalent or other specific method

approved or required by the WDNR must be submitted to, and will not

become effective for Federal purposes until approved by, the USEPA as a

site-specific SIP revision.

X. Chapter NR 484: Incorporation By Reference

This chapter incorporates by reference testing, monitoring and

other technical standards established by the Federal Government and

technical societies and organizations.

The State has revised this chapter adding a reference to the

USEPA's ``Emissions Trading Policy Statement; General Principles for

Creation, Banking and Use of Emission Reduction Credits'' and the

``Standard Industrial Classification Manual.'' In addition, the State

has revised outdated references.

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

September 22, 1993, for consistency with the requirements of the Act,

USEPA regulations and the USEPA's interpretation of these requirements

as expressed in USEPA policy guidance documents. The USEPA has found

that the rules meet the requirements applicable to ozone and are,

therefore, approvable for incorporation into the State's ozone

SIP.9 A more complete discussion of the USEPA's review of the

State's regulations is contained in technical support documents dated

March 5, 1987; July 14, 1987; October 19, 1987; January 11, 1988; April

14, 1988; November 17, 1988; April 24, 1989; November 27, 1990; May 1,

1991; and September 27, 1993. The USEPA is proposing to approve this

revision 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. Again, it should be

noted that these requirements will be completely fulfilled once

Wisconsin submits and USEPA approves rules for the State's remaining

major non-CTG sources; these rules are expected in 1994. Section 193 of

the Clean Air Act, as amended in 1990, prohibits the modification of

control requirements in effect before November 15, 1990 in

nonattainment areas, unless the modification insures equivalent or

greater emission reductions. USEPA believes that these proposed rules

will result in a reduction of ozone substantially beyond what the

current Wisconsin SIP requires.

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

\9\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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This proposed revision is being parallel processed because portions

of the rules submitted on September 22, 1993 have been adopted by the

WDNR's Natural Resources Board, but are not as yet fully effective at

the State level. The USEPA is proposing to take final action approving

these rules providing they become fully effective in their current form

and are submitted to USEPA in a timely fashion.

Regulatory Process

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). A revision to the SIP processing

review tables was approved by the Acting Assistant Administrator for

the Office of Air and Radiation on October 4, 1993 (Michael Shapiro's

memorandum to Regional Administrators). A future notice will inform the

general public of these tables. Under the revised tables this action

remains classified as a Table 2. On January 6, 1989, the Office of

Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions

(54 FR 2222) from the requirements of section 3 of Executive Order

12291 for 2 years. The USEPA has submitted a request for a permanent

waiver for Table 2 and 3 SIP revisions. The OMB has agreed to continue

the waiver until such time as it rules on the EPA's request. This

request continued in effect under Executive Order 12866 which

superseded Executive Order 12291 on September 30, 1993.

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.

E.P.A, 427 U.S. 256, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

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

Dated: February 10, 1994.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 94-4371 Filed 2-24-94; 8:45 am]

BILLING CODE 6560-50-F