Approval and Promulgation of State Implementation Plan; Wisconsin; Wood Furniture Coating SIP Revision

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI62-01-7145a; FRL-5422-7]

Approval and Promulgation of State Implementation Plan;

Wisconsin; Wood Furniture Coating SIP Revision

AGENCY: Environmental Protection Agency (EPA).

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 May 12, 1995, and later supplemented on June 14, 1995.

This revision requires the control of volatile organic compound (VOC)

emissions from facilities that perform wood furniture coating

operations. This submittal was made to satisfy the requirement of the

1990 Clean Air Act (CAA) that all major VOC sources in moderate, or

worse, ozone nonattainment areas have Reasonably Available Control

Technology (RACT) applied to them. This regulation will also be used to

generate reductions in VOC emissions, which the State will use to

fulfill the requirement of the amended Clean Air Act to reduce VOC

emissions by at least 15 percent from the 1990 baseline emissions.

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 June 3, 1996, unless EPA

receives adverse or critical comments by May 6, 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.

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 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.

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

for all areas designated nonattainment for ozone and classified as

moderate or above for both sources covered by Control Technology

Guidance (CTG) documents issued by EPA and all major sources not

covered by a CTG.

To fulfill the RACT requirement, and 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 wood furniture coating operations in those

areas of the State that are classified as moderate or higher. Wood

furniture coating

[[Page 14973]]

operations are covered by an EPA draft CTG document.

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 contain regulations that will achieve the reductions

required by the 15 percent plan. On May 12, 1995, Wisconsin submitted

its wood furniture rule, which was later supplemented on June 14, 1995,

as part of its 15 percent plan. The wood furniture coating portion of

the 15 percent plan was found complete in a letter to Don Theiler,

Director of the Wisconsin Department of Natural Resources' (WDNR)

Bureau of Air Management, dated August 5, 1995. The WDNR followed the

required legal procedures for adopting this rule which are the

prerequisites for EPA to consider in approving this rule as part of

Wisconsin's federally enforceable SIP. The WDNR held a public hearing

for this rule on September 13, 1994 and submitted it 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 draft CTG document. The WDNR adopted the same

coating limits for VOC content found in the draft CTG. Wisconsin's

rule, NR 422.125, provides for alternate compliance methods to meet

these coating limits including emissions averaging and add-on control

devices. In addition to coating limits, the State rule requires

specific application technologies to be used to reduce the emission of

VOCs. NR 422.125 (5) and (6) require initial certification of

compliance from the affected facilities and continued recordkeeping.

All of the requirements found in the State's rule are found to be

consistent with EPA's draft CTG.

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

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 wood furniture coating rule as being

RACT for this source category, at this time, 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 June 3, 1996. However, if we receive adverse comments by

May 6, 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. 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.

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 3, 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: February 2, 1996.

Michelle D. Jordan,

Acting 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.

[[Page 14974]]

Subpart YY--Wisconsin

2. Section 52.2570 is amended by adding paragraph (c)(90) to read

as follows:

Sec. 52.2570 Identification of plan.

* * * * *

(c) * * *

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

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

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

volatile organic compound regulations which establish reasonably

available control technology for facilities that perform wood furniture

coating operations.

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

Wisconsin Administrative Code are incorporated by reference.

(A) NR 422.02(3e),(7m), (16g), (16i), (16k), (41w), (42o), (42u),

(50e), (50m) and (52) as created and published in the (Wisconsin)

Register, August, 1995, No. 476, effective September 1, 1995.

(B) NR 422.02(47) as amended and published in the (Wisconsin)

Register, August, 1995, No. 476, effective September 1, 1995.

(C) NR 422.125 as created and published in the (Wisconsin)

Register, August, 1995, No. 476, effective September 1, 1995.

(D) NR 422.15(1)(intro.) as amended and published in the

(Wisconsin) Register, August, 1995, No. 476, effective September 1,

1995.

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[FR Doc. 96-7915 Filed 4-3-96; 8:45 am]

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