Approval and Promulgation of State Implementation Plan; Wisconsin; Iron and Steel Foundries SIP Revision

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI54-01-7000a; FRL-5416-2]

Approval and Promulgation of State Implementation Plan;

Wisconsin; Iron and Steel Foundries 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 by the State of

Wisconsin on June 30, 1994, and supplemented on July 15, 1994. This

revision consists of a volatile organic compound (VOC) regulation which

establishes reasonably available control technology (RACT) for iron and

steel foundries. This regulation was submitted to address, in part, the

requirement of section 182(b)(2)(C) of the Clean Air Act (CAA or Act)

that States revise their SIPs to establish RACT regulations for major

sources of VOCs for which the USEPA has not issued a control technology

guidelines (CTG) document. In addition, emission reductions resulting

from this rule are being used by the State to fulfill, in part, the

requirement of section 182(b)(1) of the Act that States submit a plan

which provides for a 15 percent reduction in VOC emissions by 1996.

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 15, 1996, unless EPA

receives adverse or critical comments by March 14, 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 Kathleen D'Agostino at (312)

886-1767 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental

Engineer, Regulation Development Section, Air Toxics and Radiation

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

Chicago, Illinois 60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION: Section 182(b) of the Clean Air Act sets

forth the requirements for ozone nonattainment areas which have been

classified as moderate or above. In Wisconsin, the counties of

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

Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha Counties)

are classified as moderate or above. Section 182(b)(2)(C) requires that

States submit revisions to the SIP for major sources of VOCs for which

the EPA has not issued a CTG document. Because the EPA has not issued a

CTG for iron and steel foundries, the State of Wisconsin developed a

non-CTG regulation for this category. This regulation was submitted to

the EPA by the State on June 30, 1994 and supplemented on July 15,

1994.

Additionally, 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. Wisconsin submitted its 15 percent plan on June 14,

1995. Included in this plan were reductions generated by the iron and

steel foundries rule.

The Wisconsin rule at NR 419.08(1) applies to the manufacture of

cores or molds for use at iron or steel foundries at any facility which

is: 1) located in the counties of Kenosha, Milwaukee, Ozaukee, Racine,

Washington or Waukesha and has maximum theoretical emissions of VOCs

from core and mold manufacturing of greater than or equal to 25 tons

per year, or 2) is located in the counties of Kewaunee, Manitowoc, or

Sheboygan and has maximum theoretical emissions of VOCs from core and

mold manufacturing or greater than or equal to 100 tons per year.

Sources are required to achieve final compliance with this regulation

no later than May 31, 1995.

Specifically, the State has established the following limits at NR

419.08(2)(a) for the as-applied VOC content of core and mold coatings:

(1) 30%, by weight, including water, for core or mold coatings that

have an as purchased density of 15.0 pounds per gallon or greater; and

(2) 70%, by weight, including water, for core or mold coatings that

have an as-purchased density of less than 15.0 pounds per gallon. At NR

491.08(2)(b) the regulation requires that all core and mold coating

storage vessels and containers remain covered. At NR 419.08(2)(c) the

rule requires that VOC emissions from the catalysis step in the

formation of a urethane cold box binder be controlled with an overall

efficiency of at least 90 percent.

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

technical support documents dated May 1, 1995, and November 8, 1995. 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. The EPA has found that this rule meets the

requirements applicable to ozone and is, therefore, approvable for

incorporation into the State's ozone SIP.

Because the EPA considers this action noncontroversial and routine,

we are approving it without prior proposal. This action will become

effective on April 15, 1996. However, if we receive adverse comments by

March 14, 1996, EPA will publish a document that withdraws this action.

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.

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.

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

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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).

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 preexisting-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.

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 15, 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: January 22, 1996.

Valdas V. Adamkus,

Regional Administrator.

40 CFR part 52 is amended as follows:

Subpart YY--Wisconsin

PART 52--[AMENDED]

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 paragraph (c)(88) to read

as follows:

Sec. 52.2570 Identification of plan.

* * * * *

(c) * * *

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

submitted by the Wisconsin Department of Natural Resources on June 30,

1994, and supplemented on July 15, 1994. This revision consists of

volatile organic compound regulations which establish reasonably

available control technology for iron and steel foundries.

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

Wisconsin Administrative Code are incorporated by reference.

(A) NR 419.02(1s), (1t), (1u), (3m) and (6m) as created and

published in the (Wisconsin) Register, June, 1994, No. 462, effective

July 1, 1994.

(B) NR 419.08 as created and published in the (Wisconsin) Register,

June, 1994, No. 462, effective July 1, 1994.

[FR Doc. 96-3082 Filed 2-12-96; 8:45 am]

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