Approval and Promulgation of State Implementation Plan; Wisconsin; Site-Specific SIP Revision for Amron Corporation

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI76-02-7305; FRL-6128-4]

Approval and Promulgation of State Implementation Plan;

Wisconsin; Site-Specific SIP Revision for Amron Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rulemaking finalizes the Environmental Protection

Agency's (EPA's) disapproval of a site-specific State Implementation

Plan (SIP) revision for the Amron Corporation facility located at 525

Progress Avenue

[[Page 39516]]

in Waukesha. The SIP revision was submitted by the Wisconsin Department

of Natural Resources (WDNR) on February 21, 1997, and would exempt the

facility from the volatile organic compound (VOC) emission limits

applicable to miscellaneous metal coating operations. The EPA proposed

to disapprove this request on April 28, 1998. No negative comments were

submitted during the comment period.

DATES: This disapproval is effective August 24, 1998.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

U.S. Environmental Protection Agency, 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 Programs Branch (AR-18J),

U.S. Environmental Protection Agency, Region 5, Chicago, Illinois

60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION:

I. Background

On April 28, 1998, EPA proposed to disapprove the site-specific SIP

revision for Amron Corporation (63 FR 23239). This proposed disapproval

was based on numerous factors which are discussed in detail in the

proposed disapproval. EPA received no negative comments during the

public comment period. Therefore, EPA is finalizing the disapproval

proposed on April 28, 1998.

II. 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 Orders 12866 and 13045

The Office of Management and Budget has exempted this regulatory

action from Executive Order (E.O.) 12866 review.

The final rule is not subject to E.O. 13045, entitled ``Protection

of Children from Environmental Health Risks and Safety Risks,'' because

it is not an ``economically significant'' action under E.O. 12866.

C. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because this disapproval only

affects one source, Amron Corporation. Therefore, I certify that this

action will not have a significant economic impact on a substantial

number of small entities. Furthermore, as explained in this document,

the request does not meet the requirements of the Clean Air Act and EPA

cannot approve the request. EPA has no option but to disapprove the

submittal.

EPA's disapproval of the State request under section 110 and

subchapter I, part D of the Clean Air Act does not affect any existing

requirements applicable to small entities. Any pre-existing Federal

requirements remain in place after this disapproval. Federal

disapproval of the State submittal does not affect State-

enforceability. Moreover, EPA's disapproval of the submittal does not

impose any new Federal requirements. Therefore, I certify that this

action will not have a significant economic impact on a substantial

number of small entities.

D. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

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 the 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 this disapproval 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 disapproval action imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result.

E. Small Business Regulatory Enforcement Fairness Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. Section 804, however, exempts from section 891 the

following types of rules: rules of particular applicability; rules

relating to agency management or personnel; and rules of agency

organization, procedure, or practice that do not substantially affect

the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA

is not required to submit a rule report regarding this action under

section 801 because this is a rule of particular applicability.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental

relations, Ozone, Reporting and recordkeeping requirements, Volatile

organic compounds.

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

Dated: July 9, 1998.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 98-19656 Filed 7-22-98; 8:45 am]

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