Approval and Promulgation of State Implementation Plan; Wisconsin; GenCorp Inc. Site-Specific SIP Revision

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI69-01-7295a; FRL 5552-1]

Approval and Promulgation of State Implementation Plan;

Wisconsin; GenCorp Inc. Site-Specific SIP Revision

AGENCY: Environmental Protection Agency (EPA).

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ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves a revision

to the Wisconsin State Implementation Plan (SIP) for ozone that was

submitted on November 17, 1995. This revision is an alternative control

method for controlling volatile organic compound (VOC) emissions from

storage tanks at the GenCorp Inc.-Green Bay facility. The EPA has

approved Wisconsin's general rule for the storage of VOCs. The approved

rule states that any deviation from the specifically required control

methods found in the State's rule must be proven to be equivalent in

controlling the VOC emissions before being approved into the SIP.

Because GenCorp Inc. has chosen a different control method than those

listed specifically in Wisconsin's rule, a site-specific SIP revision

is required to evaluate the control method being used at the Green Bay

facility. In the proposed rules section of this Federal Register, the

EPA is proposing approval of, and soliciting comments on, this

requested SIP revision. 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 rule

that has been incorporated by reference.

DATES: The ``direct final'' is effective on October 28, 1996, unless

EPA receives adverse or critical comments by September 30, 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 Programs Branch (AR-18J), U.S. EPA,

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. EPA, Region 5, Air and Radiation

Division, 77 West Jackson 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 Programs Branch (AR-18J),

U.S. EPA, Region 5, Chicago, Illinois 60604, (312) 353-6960.

SUPPLEMENTARY INFORMATION:

I. Background Information

Wisconsin rule NR 419 is currently approved into the Wisconsin SIP.

Part 419.05 applies to the storage of volatile organic compounds

(VOCs). Rule 419.05 requires the use of specific control methods or

equally effective alternative control methods approved by both the

Wisconsin Department of Natural Resources (WDNR) and Environmental

Protection Agency (EPA). As part of a proposed project at the GenCorp

Inc.-Green Bay facility, a tank used to store acrylonitrile, a VOC,

will be constructed and be subject to the requirements of 419.05. Since

the GenCorp facility will not be using the controls specified in Rule

419.05, WDNR has submitted a site-specific SIP revision to obtain

federal approval of the alternative control methods that the GenCorp

facility will be employing. The WDNR has made the determination that

the controls that the GenCorp facility will be using are more effective

than the controls required by Rule 419.05.

II. Evaluation of State Submittal

The GenCorp facility proposes to construct a styrene-butadiene-

acrylonitrile latex manufacturing project. As part of this project a

vessel used to store acrylonitrile will be necessary. A vessel of this

type is subject to the requirements of Wisconsin Rule NR 419.05.

Acrylonitrile will be unloaded from a railcar, approximately one

26,000 gallon railcar will be unloaded per month. The railcars will be

connected to the unloading rack piping through reinforced hoses. One or

two hoses will convey liquid while another will return any vapor

displaced from the storage tank (vapor balance system). Unloading is

accomplished with a self-priming centrifugal pump. The liquid is

transferred through 3'' welded carbon steel piping to the storage tank.

Acrylonitrile will be stored in a 50,000 gallon horizontal (carbon

steel) pressure vessel. The tank will be located in a watertight

containment basin constructed adjacent to the styrene storage tank

area. The storage tank will be operated at an average pressure of 5

psi, with an over-pressure safety relief set at 100 psi. In addition to

the safety relief, the tank is equipped with a rupture disk and

telltale gage. The tank will be padded with nitrogen gas to maintain

working pressure above one atmosphere to enable pumping raw material to

the polymerization vessels. The acrylonitrile tank will be a new, butt-

welded tank, with a separate containment system surrounding the tank.

The emissions from storage tanks can be divided into two

categories: standing storage losses and working losses. Standing

storage loss is the expulsion of vapor from a tank through vapor

expansion and contraction, which are the result of changes in

temperature and barometric pressure. Working losses are emissions that

occur during filling operations.

The controls specifically required by Rule 419.05, floating roofs,

vapor condensation systems, and vapor holding tanks, are used to

control both types of emissions.

Floating roofs are used to reduce emissions that occur when the

storage tanks are being refilled. Vapor condensation systems will

collect and condense any VOC emissions exiting through vents when the

pressure in a tank increases due to temperature changes or filling of

the tank. Vapor holding tanks are also used to collect emissions that

would exit through vents due to pressure changes. These last two

control devices are usually not used in combination with floating roofs

because the floating roofs will minimize working loss emissions

significantly and would not require additional control.

The WDNR has approved GenCorp-Inc.'s proposed alternative storage

tank controls as being more effective than the controls required by

Rule 419.05. The use of a low-pressure tank will eliminate the standing

storage losses and the use of a vapor recovery system will virtually

eliminate any working losses as well. It is estimated that GenCorp-

Inc.'s proposed controls will achieve an additional 1,113 pounds of VOC

per year in reductions above the controls specifically mentioned in

Rule 419.05.

III. Final Action

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective October 28, 1996 unless, by September 30, 1996, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The

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EPA will not institute a second comment period on this action. Any

parties interested in commenting on this action should do so at this

time. If no such comments are received, the public is advised that this

action will be effective October 28, 1996.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

The EPA approves the condition from Wisconsin's construction permit

#95-CHB-407 That requires the use of a pressure vessel storage tank

with a vapor balance system for storage of acrylonitrile which will be

used in the process of manufacturing styrene-butadiene-acrylonitrile

latex making this condition federal enforceable.

IV. Administrative Requirements

A. 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 2214-2225), as revised by a

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

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 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 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.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air 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, the

Administrator certifies 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 CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

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

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

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

private sector, of $100 million or more. Under Section 205, 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 EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated 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 to the private sector, result from this

action.

D. 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 October 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: August 5, 1996.

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]

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)(94) to read

as follows:

Sec. 52.2570 Identification of plan.

* * * * *

(c) * * *

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

submitted by the Wisconsin Department of Natural Resources on November

17, 1995. This revision consists of a site-specific revision for the

GenCorp Inc.-Green Bay facility. This revision is required under

Wisconsin's federally approved rule, NR 419.05. The storage

requirements contained in NR 419.05 specifically require floating

roofs, vapor condensation systems, and vapor holding tanks, or an

equally effective alternative control method approved by the Wisconsin

Department of Natural Resources and U.S. EPA. The GenCorp Inc.-Green

Bay facility has chosen to utilize a pressure vessel storage tank with

a vapor balance system, as specified in Permit 95-CHB-407 which was

issued on August 29, 1995. This pressure vessel will be used for the

storage of acrylonitrile that will be used to manufacture styrene-

butadiene-acrylonitrile latex.

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

Wisconsin air pollution construction permit 95-CHB-407 are incorporated

by reference.

(A) The permit condition requiring a pressure vessel storage tank

with a vapor balance system for the styrene-butadiene-acrylonitrile

latex manufacturing process, as created and published Wisconsin Permit

95-CHB-407, August 29, 1995 and effective August 29, 1995.

[FR Doc. 96-21908 Filed 8-28-96; 8:45 am]

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