Approval and Promulgation of State Implementation Plan; Wisconsin; Autobody Refinishing SIP Revision

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI60-01-7136a; FRL-5324-5]

Approval and Promulgation of State Implementation Plan;

Wisconsin; Autobody Refinishing SIP Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA approves a revision to the Wisconsin State

Implementation Plan (SIP) for ozone that was submitted on June 14,

1995. This revision requires the control of volatile organic compound

(VOC) emissions from facilities that perform autobody refinishing

operations. This regulation was 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, 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 April 12, 1996, unless

USEPA receives adverse or critical comments by March 13, 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 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 which

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 a rule to reduce the VOC emissions from the autobody

refinishing operations in those areas of the State that are classified

as moderate or higher.

II. Evaluation of State Submittal

On June 14, 1995, Wisconsin submitted its 15 percent plan. Included

in this plan was the autobody refinishing rule. The EPA found that the

autobody refinishing portion of the 15 percent plan was complete in a

letter to Donald Theiler, Director of the Wisconsin Department of

Natural Resources' Bureau of Air Management, dated July 13, 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 SIP. Public hearings for this rule

were held on December 20-21, 1994. This rule was submitted to the EPA

as a SIP revision under signature of the Governor's designee.

In developing the control requirements for this source category,

WDNR consulted the EPA's Alternative Control Techniques (ACT) document.

The WDNR adopted the coating limits for VOC content in Option 1 of the

control options found in the ACT. In addition to limiting the VOC

content of the coatings used at autobody refinishing facilities, WDNR

set standards for coating application equipment and equipment used for

cleanup. These standards adopted in the State's rule are also

consistent with the recommended requirements found in the ACT.

A more detailed analysis of the State's submittal is contained in a

July 31, 1995 technical support document, which is available at the

Regional Office listed above. In determining the approvability of this

VOC rule, EPA evaluated the rule 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 autobody refinishing rule, thereby

making this rule federally enforceable.

Because EPA considers this action noncontroversial and routine, we

are approving it without prior proposal. This action will become

effective on April 12, 1996. However, if we receive adverse comments by

March 13, 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 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). The Office of Management and Budget

has exempted these actions from review under Executive Order 12866.

C. Regulatory Flexibility

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

[[Page 5307]]

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 April 12, 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: October 10, 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]

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)(83) to read

as follows:

Sec. 52.2570 Identification of plan.

* * * * *

(c) * * *

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

submitted by the Wisconsin Department of Natural Resources on June 14,

1995. This revision is a volatile organic compound (VOC) regulation

which requires controls on facilities that perform autobody refinishing

operations.

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

Wisconsin Administrative Code are incorporated by reference.

(A) NR 422.02(intro.) and (47), 422.03 (1) and (3) and 484.05(1) as

amended and published in the (Wisconsin) Register, August, 1995 and

effective September 1, 1995.

(B) NR 422.02 (1), (1x), (3m), (12d), (33j), (34s), (34v), (37s),

(42n), (47e) and (49m) and 422.095 as created and published in the

(Wisconsin) Register, August, 1995 and effective September 1, 1995.

(C) NR 422.02(1s) as renumbered from 422.02(1) and published in the

(Wisconsin) Register, August, 1995 and effective September 1, 1995.

[FR Doc. 96-2960 Filed 2-9-96; 8:45 am]

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