Approval and Promulgation of State Implementation Plan; Wisconsin; Gasoline Storage Tank Vent Pipe, Traffic Marking Materials, and Solvent Metal Cleaning SIP Revisions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI57-01-7105a, WI58-01-7106a, WI59-01-7107a; FRL-5424-2]

Approval and Promulgation of State Implementation Plan;

Wisconsin; Gasoline Storage Tank Vent Pipe, Traffic Marking Materials,

and Solvent Metal Cleaning SIP Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving, through the direct final procedure,

revisions to the Wisconsin State Implementation Plan (SIP) for ozone

that were submitted on February 17, 1995 and April 12, 1995. These

revisions require the control of volatile organic compound (VOC)

emissions from the following sources: gasoline storage tanks, the

application of traffic marking materials, and solvent metal cleaning

operations. These regulations were submitted to generate reductions in

VOC emissions, which the State will use to fulfill the 15 percent

requirement of the amended Clean Air Act. In the proposed rules section

of this Federal Register, the EPA is proposing approval of, and

soliciting comments on, these requested SIP revisions. If adverse

comments are received on this action, the EPA will withdraw this final

rule and address the comments received in response to this action in a

final rule on the related proposed rule, which is being published in

the proposed rules section of this Federal Register. A second public

comment period will not be held. Parties interested in commenting on

this action should do so at this time. This approval makes federally

enforceable the State's rules that have been incorporated by reference.

DATES: This action will be effective June 28, 1996, unless adverse

comments are received by May 29, 1996. If the effective date is

delayed, timely notice will be published in the Federal Register.

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

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

18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the proposed SIP revision and EPA's analysis are

available for inspection at the U.S. Environmental Protection Agency,

Region 5, Air and Radiation Division, 77 West Jackson

[[Page 18682]]

Boulevard, Chicago, Illinois 60604. (Please telephone Douglas Aburano

at (312) 353-6960 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental

Engineer, Regulation Development Section, Air Toxics and Radiation

Branch (AT-18J), U.S. Environmental Protection Agency, Region 5,

Chicago, Illinois 60604, (312) 353-6960.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b) of the Clean Air Act, as amended on November 15,

1990, sets forth the requirements for ozone nonattainment areas that

have been classified as moderate or above. Section 182(b)(1)(A)

requires those States with ozone nonattainment areas classified as

moderate or above to submit plans to reduce VOC emissions by at least

15 percent from the 1990 baseline emissions. The 1990 baseline, as

described by EPA's emission inventory guidance, is the amount of

anthropogenic VOC emissions emitted on a typical summer day. As a part

of its 15 percent plan, the State of Wisconsin has developed and

adopted rules to reduce the VOC emissions from gasoline storage tanks,

the application of traffic marking materials, and solvent metal

cleaning operations in those areas of the State that are classified as

moderate or higher.

II. Evaluation of State Submittal

On November 15, 1993, the State of Wisconsin submitted its proposed

15 percent plan. The 15 percent plan submittal was followed by several

submittals that are the actual regulations that will achieve the

reductions required by the 15 percent plan. The State's regulations are

summarized below.

A. Gasoline Storage Tank Vent Pipe Rule--NR 420.035

Wisconsin submitted this regulation to the EPA on February 17, 1995

and supplemented it on June 14, 1995, as a SIP revision under the

signature of the Governor's designee. The EPA found this rule to be

complete in a letter to Donald Theiler, Director of WDNR's Bureau of

Air Management, dated June 29, 1995. The WDNR followed the required

legal procedures for adopting this rule which are prerequisites for EPA

to consider including this rule in Wisconsin's federally enforceable

ozone SIP. A public hearing for this rule was held on January 12, 1994.

Wisconsin has adopted a rule that requires gasoline storage tanks

with a storage capacity of 2,000 gallons, or greater, to install

pressure vacuum valves on the vent pipes. Evaporative emissions will

readily escape through the gasoline storage tank vent pipe if the pipe

has no control device to prevent this. These pressure vacuum valves

will control evaporative VOC emissions from the storage tanks.

B. Traffic Marking Materials Rule--NR 422.17

Wisconsin submitted this regulation to EPA on April 12, 1995 and

supplemented it on June 14, 1995, as a SIP revision under the signature

of the Governor's designee. The EPA found this rule to be complete in a

letter to Donald Theiler, Director of WDNR's Bureau of Air Management,

dated June 29, 1995. The WDNR followed the required legal procedures

for adopting this rule, which are prerequisites for EPA to consider

including this rule in Wisconsin's federally enforceable ozone SIP. A

public hearing for this rule was held on January 12, 1994.

The emission of VOCs from the application of traffic marking

materials onto paved surfaces occurs during the drying of the markings

themselves or from the drying of the adhesives used to affix the

traffic markings. The State of Wisconsin has adopted a rule that will

limit the VOC content of the traffic marking materials that are liquid

or limit the amount of VOCs that can be emitted per mile of traffic

marking applied for solid materials.

C. Solvent Metal Cleaning Rule--NR 423.03

Wisconsin submitted this regulation to EPA on April 12, 1995 and

supplemented it on June 14, 1995, as a SIP revision under the signature

of the Governor's designee. The EPA found this rule to be complete in a

letter to Donald Theiler, Director of WDNR's Bureau of Air Management,

dated June 29, 1995. The WDNR followed the required legal procedures

for adopting this rule which are prerequisites for EPA to consider

including this rule in Wisconsin's federally enforceable ozone SIP. A

public hearing for this rule was held on January 12, 1994.

The State of Wisconsin currently has a solvent metal cleaning rule

in place and this rule has been approved into the State's SIP as

representing reasonably available control technology (RACT) for this

source category. In order to obtain additional reductions that would be

creditable towards the State's 15 percent plan, the State has: Added

the category of wipe cleaning to the types of actions that require

control under this rule (NR 423.02(10), NR 423.03(7)); established

control technique requirements beyond those considered to be RACT (NR

423.03(3) (h) to (j), NR 423.03(4) (n) to (r), NR 423.03 (h) to (j), NR

423.03(6)(a) 8 and 9); added a provision that requires sources to also

consider throughput on the applicability of size exemption cutoffs (NR

423.03(2) (c) to (f)); established more extensive recordkeeping

requirements (NR 423.03(10)); and established a revised compliance

schedule (NR 423.03(8)).

More detailed analyses of the State's submittals are available at

the Regional Office listed above. In determining the approvability of

these VOC rules, EPA evaluated the rules for consistency with Federal

requirements, including Section 110 and Part D of the Clean Air Act.

III. Final Rulemaking Action

The EPA approves Wisconsin's rules for Gasoline Storage Tank Vent

Pipes, the Application of Traffic Marking Materials, and Solvent Metal

Cleaning thereby making these rules federally enforceable.

Because EPA considers this action noncontroversial and routine, we

are approving it without prior proposal. This action will become

effective on June 28, 1996. However, if we receive adverse comments by

May 29, 1996. EPA will publish a document that withdraws this action.

IV. Miscellaneous

A. Applicability To Future SIP Decisions

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. The EPA shall consider each request for revision to the SIP in

light of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

B. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214), as revised by a July

10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air

and Radiation. The Office of Management and Budget has exempted this

regulatory action from E.O. 12866 review.

C. Regulatory Flexibility

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

EPA 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, EPA may certify

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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.

This approval does not create any new requirements. Therefore, I

certify that this action 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 the regulatory

flexibility analysis would constitute Federal inquiry into the economic

reasonableness of the State action. The Act forbids EPA to base its

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

EPA, 427 U.S. 246, 256-66 (1976).

D. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, the EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires the EPA to establish a

plan for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

The EPA has determined that the approval action promulgated today

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector.

This Federal action approves pre-existing requirements under State

or local law, and imposes no new Federal requirements. Accordingly, no

additional costs to State, local, or tribal governments, or the private

sector, result from this action.

E. Petitions for Judicial Review

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 June 28, 1996. 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

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: November 6, 1995.

Valdas V. Adamkus,

Regional Administrator.

For the reasons stated in the preamble, part 52, chapter I, title

40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

Subpart YY--Wisconsin

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

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

2. Section 52.2570 is amended by adding paragraphs (c) (84), (85),

and (86) to read as follows:

Sec. 52.2570 Identification of plan.

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(c) * * *

(84) A revision to the ozone State Implementation Plan (SIP) was

submitted by the Wisconsin Department of Natural Resources on February

17, 1995, and supplemented on June 14, 1995. This revision consists of

a volatile organic compound regulation that requires controls for

gasoline storate tank vent pipes.

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

Wisconsin Administrative Code is incorporated by reference.

(A) NR 420.035 as created and published in the (Wisconsin)

Register, July, 1994, No. 463, effective August 1, 1994.

(85) A revision to the ozone State Implementation Plan (SIP) was

submitted by the Wisconsin Department of Natural Resources on April 12,

1995, and supplemented on June 14, 1995, and January 19, 1996. This

revision consists of a volatile organic compound regulation that

requires the control of emissions from traffic markings.

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

Wisconsin Administrative Code is incorporated by reference.

(A) NR 422.02(16e), (42q), (42s) and (47m) as created and published

in the (Wisconsin) Register, July, 1994, No. 463, effective August 1,

1994.

(B) NR 422.17 as created and published in the (Wisconsin) Register,

July, 1994, No. 463, effective August 1, 1994.

(86) A revision to the ozone State Implementation Plan (SIP) was

submitted by the Wisconsin Department of Natural Resources on April 12,

1995, and supplemented on June 14, 1995, and January 19, 1996. This

revision consists of a volatile organic compound regulation that

requires additional controls on solvent metal cleaning operations. This

rule is more stringent than the RACT rule it is replacing.

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

Wisconsin Administrative Code is incorporated by reference.

(A) NR 423.02(10) as renumbered from NR 423.02(9), amended and

published in the (Wisconsin) Register, August, 1994, No. 464, effective

September 1, 1994. NR 423.02(11) as renumbered from NR 423.02(10) and

published in the (Wisconsin) Register, August, 1994, No. 464, effective

September 1, 1994. NR 423.02(9) and (12) as created and published in

the (Wisconsin) Register, August, 1994, No. 464, effective September 1,

1994.

(B) NR 423.03 as created and published in the (Wisconsin) Register,

August, 1994, No. 464, effective September 1, 1994.

(C) NR 425.03(12)(a)7. as amended and published in the (Wisconsin)

Register, August, 1994, No. 464, effective September 1, 1994.

* * * * *

[FR Doc. 96-10451 Filed 4-26-96; 8:45 am]

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