10424 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the proposed approval of 

the West Virginia SIP revision regarding 

the incorporation by reference of the 

NAAQS for sulfur dioxide, particulate 

matter, carbon monoxide, ozone, 

nitrogen dioxide, and lead into 45CSR8– 

Ambient Air Quality Standards, does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 6, 2012. 

W. C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–3918 Filed 2–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0695; FRL–9635–3] 

Approval and Promulgation of 

Implementation Plans; Wisconsin; 

Volatile Organic Compound Emission 

Control Measures for Milwaukee and 

Sheboygan Ozone Nonattainment 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On September 1, 2009, 

November 16, 2011, and January 26, 

2012, the Wisconsin Department of 

Natural Resources (WDNR) submitted 

several volatile organic compound 

(VOC) rules for approval into its State 

Implementation Plan (SIP). The purpose 

of these rules is to satisfy the Clean Air 

Act’s (the Act) requirement that states 

revise their SIPs to include reasonably 

available control technology (RACT) for 

sources of VOC emissions in moderate 

ozone nonattainment areas. Wisconsin’s 

VOC rules provide RACT requirements 

for the Milwaukee-Racine and 

Sheboygan 8-hour ozone nonattainment 

areas. These rules are approvable 

because they are consistent with the 

Control Technique Guideline (CTG) 

documents issued by EPA in 2006 and 

2007 and satisfy the RACT requirements 

of the Act. 

DATES: Comments must be received on 

or before March 23, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0695, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: aburano.douglas@epa.gov. 

• Fax: (312) 408–2279. 

• Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, 18th floor, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0695. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 


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index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 AM to 4:30 PM, Monday through 

Friday, excluding federal holidays. We 

recommend that you telephone Steven 

Rosenthal at (312) 886–6052 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Attainment Planning & 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6052, 

rosenthal.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What should I consider as I prepare my 

comments for EPA? 

II. What action is EPA taking today? 

III. What is the purpose of this action? 

IV. What is EPA’s analysis of Wisconsin’s 

submitted VOC rules? 

V. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

2. Follow directions—The EPA may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What action is EPA taking today? 

EPA is proposing to approve into the 

Wisconsin SIP several new and revised 

VOC rules which set out RACT 

requirements for categories of VOC 

sources in two ozone nonattainment 

areas. These rules correspond to and are 

consistent with the source categories 

and control recommendations in the 

CTGs issued by EPA in 2006 and 2007, 

as well as EPA RACT guidance for 

earlier CTGs and source categories not 

covered by a CTG. Wisconsin adopted 

new or revised rules for industrial 

cleaning solvents, flat wood paneling 

coatings, flexible packaging printing 

materials, lithographic printing 

materials, letterpress printing materials, 

paper, film and foil coatings, metal 

furniture coatings, large appliance 

coatings, industrial wastewater 

collection and treatment operations, and 

reactor processes and distillation 

operations in the synthetic organic 

chemical manufacturing industry 

(SOCMI). 

III. What is the purpose of this action? 

The primary purpose of these rules is 

to satisfy the requirement in section 

182(b) of the Act that VOC RACT rules 

be adopted in nonattainment areas for 

the source categories covered by the 

CTG documents issued by EPA in 2006 

and 2007. These rule revisions also 

include previously required SOCMI air 

oxidation, distillation and reactor 

regulations as well as an industrial 

wastewater rule that is required because 

industrial wastewater is a major nonCTG category for which RACT rules are 

required. The Milwaukee-Racine and 

Sheboygan 8-hour ozone nonattainment 

areas are classified as moderate 

nonattainment for the 8-hour ozone 

national ambient air quality standard. 

See 40 CFR 81.31 and 81.314. According 

to EPA policy, Wisconsin does not need 

to adopt rules for the source categories 

covered by the CTGs issued on 

September 30, 2008, because it 

submitted a complete 8-hour ozone 

redesignation request (on September 11, 

2009) before September 30, 2009, the 

date upon which rules consistent with 

these CTGs were required (according to 

section 182(b)) to be adopted and 

submitted as SIP revisions. 

Section 182(b)(2) of the Act requires 

that, for areas classified as moderate or 

above for ozone nonattainment, states 

must revise their SIPs to adopt RACT 

requirements for VOC sources that are 

covered by CTGs. RACT is defined as 

the lowest emissions limitation that a 

particular source is capable of meeting 

by the application of control technology 

that is reasonably available considering 

technological and economic feasibility 

(44 FR 53762; September 17, 1979). 

CTGs are documents issued by EPA to 

provide states with the EPA’s 

recommendation on how to control the 

emissions of VOC from a specific type 

of product or source category in an 

ozone nonattainment area. A CTG 

provides information on determining 

RACT for a source category, including 

recommendations on control options 

and enforcement provisions for the 

category. 

IV. What is EPA’s analysis of 

Wisconsin’s submitted VOC rules? 

EPA has reviewed Wisconsin’s new 

and revised VOC rules for the source 

categories covered by the 2006 and 2007 

CTGs, as well as corrections to rules that 

were required to be submitted to EPA on 

September 15, 2006, and proposes to 

find that these rules are consistent with 

the control measures, definitions, 

recordkeeping and test methods in these 

CTGs and applicable EPA RACT 

guidance at www.epa.gov/ttn/naaqs/ 

ozone/ozonetech/#ref. Therefore EPA is 

proposing to approve these rules as 

meeting the RACT requirements in the 

Act. A brief discussion of these rules 

follows. 

NR 400.02 (54m)—Definitions 

A reference to digital printing has 

been added to Wisconsin’s printing 

regulations. This definition of ‘‘digital 

printing’’ is approvable because it is a 

necessary update to the definition and 

accurately describes digital printing. 

NR 419.045—Industrial Wastewater 

Operations 

This new rule applies to sources that 

have potential VOC emissions greater 

than or equal to 100 tons per year from 

industrial wastewater operations and 

any other non-CTG source category 

without a final CTG, such as batch 

operations. The VOC emissions from 

industrial wastewater collection and 

treatment processes evaporate from the 

waste stream when exposed to the 

ambient air. Consequently, the VOC 

RACT requirements consist of 

implementing technologies and work 

practice standards that combine to 

substantially suppress the exposure of 

the VOC-laden waste stream to the 

ambient air. More specifically, the 

requirements include: 

(1) Oil-water separators must be 

provided with either a floating cover 


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equipped with seals or a fixed cover, 

equipped with a closed vent system 

vented to a pollution control device; 

(2) Each surface impoundment must: 

(1) Be equipped with a cover or closed 

vent system which routs the VOCs to a 

control device or (2) be equipped with 

a floating flexible membrane cover; 

(3) All process drains must be 

equipped with (1) a water seal or a 

tightly fitting cap or plug or (2) a cover, 

and if the cover is vented, the vapors 

must be routed to a process or through 

a closed vent system to a control device; 

and 

(4) All junction boxes must be 

equipped with a tightly fitting solid 

cover or vented to a process or to a 

control device. 

Also, several definitions have been 

added to NR 419.02 to clarify the 

requirements in NR 419.045. These 

definitions are approvable because they 

are necessary for implementation of the 

wastewater rule and they accurately 

describe the terms that are being 

defined. 

This rule is based on and is consistent 

with EPA’s 1992 draft CTG ‘‘Control of 

VOC Emissions from Industrial 

Wastewater’’ and EPA’s 1994 

‘‘Industrial Wastewater Act.’’ 

NR 420.02 (31)—The definition of 

‘‘Reid vapor pressure’’ was amended to 

refer to the appropriate ASTM method. 

NR 421—Control of Organic Emissions 

From Chemical, Coatings, and Rubber 

Products Manufacturing 

As discussed previously, Wisconsin is 

required to develop industrial cleaning 

solvent regulations consistent with 

EPA’s 2006 Industrial Cleaning Solvent 

CTG. Some of these cleaning solvent 

requirements are contained within 

source category specific rules and some 

are contained within a general cleaning 

solvent regulation (NR 423.037). 

Wisconsin has adopted similar 

cleaning solvent requirements for 

synthetic resin manufacturing (NR 

421.05) and coatings manufacturing (NR 

421.06). These requirements are based 

on the (California) Bay Area Air Quality 

Management District’s rules, which are 

referenced in EPA’s CTG. These 

requirements apply to cleaning mixing 

vats, high dispersion mills, grinding 

mills, tote tanks and roller mills and 

consist of four options: (1) The solvent 

or solvent solution used must either 

contain less than 1.67 pounds VOC per 

gallon or have a VOC composite partial 

vapor pressure of less than or equal to 

8 millimeters (mm) of mercury (Hg) and 

the solvent or solvent solution must be 

collected and stored in closed 

containers, or (2) several work practices 

must be implemented, including storing 

all VOC-containing cleaning materials 

in closed containers, or (3) the 

emissions from equipment cleaning 

must be collected and vented to an 

emission control system with an overall 

control efficiency of 80 percent or more 

on a mass basis, or (4) no more than 60 

gallons of virgin solvent per month may 

be used. In addition, the owner or 

operator of a facility engaged in wipe 

cleaning may not use open containers 

for the storage of solvent or solvent 

solution used for cleaning or for the 

storage or disposal of any material 

impregnated with solvent or solvent 

solution used for cleaning. Records of 

the volume of virgin solvent used per 

month, VOC content in pounds of VOC 

per gallon or VOC composite pressure 

are required, if applicable to the option 

chosen for achieving compliance. 

In addition, accurate definitions of 

‘‘tote tank’’ and ‘‘wipe cleaning’’ have 

been added to properly implement these 

rules. 

These cleaning solvent requirements 

are therefore approvable because they 

are consistent with EPA guidance and 

require adequate recordkeeping. 

Wisconsin has also adopted SOCMI 

air oxidation, distillation and reactor 

regulations in NR 421.07. NR 

421.07(1)(a)(intro) specifies that these 

SOCMI requirements apply to any 

facility that is located in the MilwaukeeRacine and Sheboygan areas that 

operates a SOCMI air oxidation unit, 

distillation operation, or reactor process, 

as those activities are defined in NR 

440.675(2)(c), 440.686(2)(e) and 

440.705(2)(o), respectively, to produce 

any chemical as a product, coproduct, 

byproduct or intermediate that is listed 

in the CTGs for these categories. 

Affected facilities must comply with 

subsections (a), (b), or (c), from NR 

440.675(3), NR 440.686(3), and NR 

440.705(3) for each vent stream. 

(a) Reduce emissions of total organic 

compounds (TOC) (minus methane and 

ethane) by 98 weight-percent or to a 

TOC (minus methane and ethane) 

concentration of 20 parts per million by 

volume (ppmv) on a dry basis corrected 

to 3% oxygen, whichever is less 

stringent. If a boiler or process heater is 

used to comply with this paragraph, 

then the vent stream shall be introduced 

into the flame zone of the boiler or 

process heater; or 

(b) Combust the emissions in a flare 

that complies with the flare 

requirements in EPA’s new source 

performance standards; or 

(c) Maintain a total resource 

effectiveness (TRE) index value greater 

than 1.0 without use of VOC emission 

control devices. TRE is a measure of the 

supplemental total resource requirement 

(or cost-effectiveness) per unit reduction 

of TOC associated with an individual 

vent stream, based on vent stream flow 

rate, emission rate of TOC, net heating 

value and corrosion properties, whether 

or not the vent stream is halogenated. 

Wisconsin’s SOCMI applicability 

criteria and control requirements are 

consistent with EPA’s CTGs and are 

therefore approvable. 

NR 422—Control of Organic Compound 

Emissions From Surface Coating, 

Printing and Asphalt Surfacing 

Operations 

NR 422.02—Definitions—Wisconsin 

has added several definitions that are 

needed to properly implement its 

coating and printing rules. These 

definitions are necessary and accurate 

and are therefore approvable. 

NR 422.05—Can Coating 

Wisconsin has amended its can 

coating rules to incorporate the 

industrial solvent cleaning requirements 

from the industrial solvent cleaning 

CTG. These requirements apply to any 

can coating facility with VOC emissions 

from all industrial cleaning operations 

which equal or exceed three tons per 

year on a 12 consecutive month rolling 

basis. 

With the exception of cleaning of 

heptane-containing end sealant 

application equipment lines (at 5.8 

pounds VOC/gallon) and cleaning of 

metal can identification ink application 

equipment (at 7.4 pounds VOC/gallon), 

cleaning solvent must not exceed a VOC 

content limit of 0.42 pounds VOC/ 

gallon, as specified in the CTG. Based 

upon information submitted by the Can 

Manufacturers Institute, EPA agrees that 

the higher limits represent RACT. In 

lieu of complying with these VOC 

content limits, an alternative limit of 8 

mm Hg (and 10 mm Hg for heptanecontaining end sealant application 

equipment lines) is consistent with the 

CTG. 

The CTG also references the solvent 

cleaning requirements in the South 

Coast Air Quality Management District’s 

(SCAQMD)—in the Los Angeles area— 

solvent cleaning rules. These rules are 

therefore considered to satisfy RACT. 

Wisconsin has included several 

cleaning device and method 

requirements as well as storage, disposal 

and transport requirements from the 

SCAQMD’s Rule 1171. Wisconsin’s rule 

also has adequate recordkeeping 

requirements. The additions to 

Wisconsin’s can coating rule are 

therefore approvable. 


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NR 422.06—Coil Coating 

Wisconsin has amended its coil 

coating rules to incorporate the 

industrial solvent cleaning requirements 

from the industrial solvent cleaning 

CTG. These requirements apply to any 

coil coating facility with VOC emissions 

from all industrial cleaning operations 

which equal or exceed three tons per 

year on a 12 consecutive month rolling 

basis. 

As specified in the CTG, cleaning 

solvent must not exceed a VOC content 

limit of 0.42 pounds VOC/gallon. In lieu 

of complying with this VOC content 

limit, an alternative limit of 8 mm Hg 

is also consistent with the CTG. 

The CTG also references the solvent 

cleaning requirements in the SCAQMD 

solvent cleaning rules. Wisconsin has 

included several cleaning device and 

method requirements as well as storage, 

disposal and transport requirements 

from the SCAQMD’s Rule 1171. 

Wisconsin’s rule also has adequate 

recordkeeping requirements. The 

additions to Wisconsin’s coil coating 

rule are therefore approvable. 

NR 422.075—Paper Coating—Part 2 

This section has been added to be 

consistent with EPA’s 2007 CTG for 

Paper, Film, and Foil Coatings. 

Wisconsin’s VOC content limits are 0.20 

pounds VOC/pound of solids applied 

for pressure sensitive tape and label 

surface coatings, and 0.40 pounds VOC/ 

pound solids applied for all other paper 

coatings, which are consistent with the 

CTG. When compliance is achieved by 

the use of add-on control, the required 

overall control efficiency of 90 percent 

is also consistent with the CTG. 

Wisconsin’s paper coating rule also 

contains work practices to minimize 

VOC emissions from mixing operations, 

storage tanks, and other containers, and 

handling operations for coatings, 

thinners, cleaning materials and waste 

materials. The requirements in this 

section are approvable because they are 

consistent with the subject CTG. 

NR 422.08—Fabric and Vinyl Coating 

Wisconsin has amended its fabric and 

vinyl coating rules to incorporate the 

industrial solvent cleaning requirements 

from the industrial solvent cleaning 

CTG. These requirements apply to any 

fabric and vinyl coating facility with 

VOC emissions from all industrial 

cleaning operations which equal or 

exceed three tons per year on a 12 

consecutive month rolling basis. 

As specified in the CTG, cleaning 

solvent must not exceed a VOC content 

limit of 0.42 pounds VOC/gallon. In lieu 

of complying with this VOC content 

limit, an alternative limit of 8 mm Hg 

is also consistent with the CTG. 

The CTG also references the solvent 

cleaning requirements in the SCAQMD 

solvent cleaning rules. Wisconsin has 

included several cleaning device and 

method requirements as well as storage, 

disposal and transport requirements 

from the SCAQMD’s Rule 1171. 

Wisconsin’s rule also has adequate 

recordkeeping requirements. The 

additions to Wisconsin’s fabric and 

vinyl coating rule are therefore 

approvable. 

NR 422.083—Plastic Parts Coating 

This section has been amended to 

include the cleaning material work 

practices in EPA’s 2008 CTG for 

Miscellaneous Metals and Plastic Parts 

Coating. These work practices include 

storing all VOC-containing cleaning 

materials and shop towels used for 

cleaning in closed containers and 

minimizing emissions of VOC during 

cleaning of coating application, storage, 

mixing, and conveying equipment by 

ensuring that cleaning is performed 

without atomizing any VOC-containing 

cleaning material and that the used 

material is captured and contained. 

These work practices satisfy 

Wisconsin’s requirement to have 

acceptable cleaning solvent 

requirements for plastic parts coating 

operations and are approvable. 

NR 422.09—Automobile and Light-Duty 

Truck Manufacturing 

This section has been amended to 

include the cleaning material work 

practices in EPA’s 2008 CTG for 

Automobile and Light-Duty Truck 

Assembly Coatings. A subject facility 

must develop and implement a work 

practice plan to minimize VOC 

emissions from cleaning and purging of 

equipment associated with all coating 

operations. This plan must specify 

practices and procedures for vehicle 

body wiping, coating line purging, 

flushing of coating systems, cleaning of 

spray booth grates, walls and equipment 

as well as external spray booth areas. 

These work practices satisfy 

Wisconsin’s requirement to have 

acceptable cleaning solvent 

requirements for automobile and lightduty truck assembly coatings operations 

and are approvable. 

NR 422.095—Automobile Refinishing 

Operations 

Wisconsin has amended its 

automobile refinishing operations rules 

to incorporate the industrial solvent 

cleaning requirements from the 

industrial solvent cleaning CTG. These 

requirements apply to any automobile 

refinishing facility with VOC emissions 

from all industrial cleaning operations 

which equal or exceed three tons per 

year on a 12 consecutive month rolling 

basis. 

As specified in the CTG, cleaning 

solvent must not exceed a VOC content 

limit of 0.42 pounds VOC/gallon. In lieu 

of complying with this VOC content 

limit, an alternative limit of 8 mm Hg 

is also consistent with the CTG. 

The CTG also references the solvent 

cleaning requirements in the SCAQMD 

solvent cleaning rules. Wisconsin has 

included several cleaning device and 

method requirements as well as storage, 

disposal and transport requirements 

from the SCAQMD’s Rule 1171. 

Wisconsin’s rule also has adequate 

recordkeeping requirements. The 

additions to Wisconsin’s automobile 

refinishing rule are therefore 

approvable. 

NR 422.105 Furniture Metal 

Coatings—Part 2 

This section has been added to be 

consistent with EPA’s 2007 CTG for 

Metal Furniture Coatings. Wisconsin’s 

VOC content limits, e.g. 2.3 pounds 

VOC/gallon for general, one component 

coatings, are consistent with the CTG. 

When compliance is achieved by the 

use of add-on control, the required 

overall control efficiency of 90 percent 

is also consistent with the CTG. 

Wisconsin’s metal furniture coating rule 

also contains work practices to 

minimize VOC emissions from mixing 

operations, storage tanks, and other 

containers, and handling operations for 

coatings, thinners, cleaning materials 

and waste materials. The requirements 

in this section are approvable because 

they are consistent with the subject 

CTG. 

NR 422.115 Surface Coating of Large 

Appliance—Part 2 

This section has been added to be 

consistent with EPA’s 2007 CTG for 

Large Appliance Coatings. Wisconsin’s 

VOC content limits, e.g. 2.3 pounds 

VOC/gallon for general, one component 

coatings, are consistent with the CTG. 

When compliance is achieved by the 

use of add-on control, the required 

overall control efficiency of 90 percent 

is also consistent with the CTG. 

Wisconsin’s large appliance coating rule 

also contains work practices to 

minimize VOC emissions from mixing 

operations, storage tanks, and other 

containers, and handling operations for 

coatings, thinners, cleaning materials 

and waste materials. The requirements 

in this section are approvable because 

they are consistent with the subject 

CTG. 


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10428 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules 

NR 422.125 Wood Furniture Coating 

Wisconsin’s wood furniture coating 

rule has been amended to include 

cleaning material work practices that are 

consistent with EPA’s 1996 CTG for the 

Control of VOC Emissions from Wood 

Furniture Manufacturing Operations. 

The 25 tons per year potential 

applicability cutoff has been revised to 

include the emissions from any related 

cleaning activities. These cleaning 

material work practices include storing 

VOC containing materials in closed 

containers, collecting all VOCcontaining cleaning material used to 

clean spray guns and spray gun lines in 

a container and keeping the container 

covered except when adding or 

removing material, controlling 

emissions of VOC containing material 

from washoff operations and using 

strippable spray booth materials 

containing no more than 0.8 pounds of 

VOC per pound of solids. These work 

practices are consistent with the wood 

furniture CTG and are approvable. 

NR 422.127 Use of Adhesives 

Wisconsin’s adhesives rule has been 

amended to include cleaning material 

work practices that are consistent with 

EPA’s 2008 CTG for Miscellaneous 

Industrial Adhesives. These work 

practices include storing all VOCcontaining cleaning materials in closed 

containers and minimizing emissions of 

VOC during cleaning of coating 

application, storage, mixing, and 

conveying equipment by ensuring that 

cleaning is performed without 

atomizing any VOC containing cleaning 

material and that the used material is 

captured and contained. An 

applicability cutoff of three tons on a 12 

consecutive month rolling basis has also 

been added. These work practices are 

consistent with the miscellaneous 

industrial adhesives CTG and are 

approvable. 

NR 422.131 Flat Wood Panel 

Coating—Part 2 

This section has been added to be 

consistent with EPA’s 2006 CTG for Flat 

Wood Paneling Coatings. Wisconsin’s 

VOC content limit is 2.1 pounds VOC/ 

gallon, which is consistent with the 

CTG. When compliance is achieved by 

the use of add-on control, the required 

overall control efficiency of 90 percent 

is also consistent with the CTG. 

Wisconsin’s flat wood paneling rule also 

contains work practices to minimize 

VOC emissions from mixing operations, 

storage tanks, and other containers, and 

handling operations for coatings, 

thinners, cleaning materials and waste 

materials. The requirements in this 

section are approvable because they are 

consistent with the subject CTG. 

NR 422.14 Graphic Arts 

Wisconsin has amended its graphic 

arts rule to incorporate the industrial 

solvent cleaning requirements from the 

industrial solvent cleaning CTG. These 

requirements apply to any (non-flexible 

packaging) graphic arts facility with 

VOC emissions from all industrial 

cleaning operations which equal or 

exceed three tons per year on a 12 

consecutive month rolling basis. 

As specified in the CTG, cleaning 

solvent must not exceed a VOC content 

limit of 0.42 pounds VOC/gallon— 

except for a 0.83 pounds VOC/gallon 

limit for cleaning of publication 

rotogravure ink application equipment 

and a 5.4 pounds VOC/gallon limit for 

cleaning of ultraviolet ink application 

equipment. The latter two limits are 

based on the SCAQMD’s Rule 1171, 

discussed above. In lieu of complying 

with these VOC content limits, an 

alternative limit of 8 mm Hg is also 

consistent with the CTG. Wisconsin has 

included several cleaning device and 

method requirements as well as storage, 

disposal and transport requirements 

from the SCAQMD’s Rule 1171. 

Wisconsin’s rule also has adequate 

recordkeeping requirements. The 

additions to Wisconsin’s graphic arts 

rule are therefore approvable. 

NR 422.141—Flexible Package Printing 

These regulations have been revised 

based on and are consistent with EPA’s 

2006 CTG for Flexible Packaging 

Printing Materials. Subject printing 

lines may comply by meeting limits of 

0.8 pounds VOC per pound of solids 

applied or 0.16 pounds VOC per pound 

of ink and coatings applied. 

Alternatively, compliance can be 

achieved by the use of add-on control 

achieving an overall reduction in VOM 

emissions ranging from 65 percent to 80 

percent, depending upon when the 

printing line and control device were 

constructed. Work practices to reduce 

emissions from the use of VOM 

containing cleaning materials are also 

required. These work practices require 

that solvents used in cleaning 

operations be stored in covered 

containers and that VOC-containing 

cleaning material be conveyed in closed 

containers or pipes. The requirements in 

this section are approvable because they 

are consistent with the subject CTG. 

NR 422.143 Lithographic Printing— 

Part 2 

These regulations are based on and 

are consistent with EPA’s 2006 CTG for 

Lithographic Printing. The control 

requirements for cleaning materials and 

fountain solutions apply if the 

combined emissions of VOC exceed 

three tons on a 12 consecutive month 

rolling basis. The add-on control 

requirements for heatset web offset 

printing operations apply if the 

potential emissions of VOC from a 

lithographic press dryer equal or exceed 

25 tons per year. The fountain solution 

is subject to a percent VOC limit, based 

upon the temperature and whether or 

not the fountain solution contains 

alcohol. The cleaning materials (blanket 

or roller wash) must not exceed 30 

percent by weight (nor equal or exceed 

70 percent by weight for ultraviolet ink 

application equipment) VOC or the VOC 

composite partial pressure must be less 

than or equal to 10 mm Hg. An add-on 

control device on a subject heatset dryer 

must achieve a 90 percent or 95 percent 

reduction of VOC emissions, depending 

on the installation date of the add-on 

control device, or alternatively can 

comply by not exceeding an outlet 

concentration of 20 ppmv, as carbon. 

Recordkeeping requirements are also 

specified to establish compliance with 

the applicable limits. The requirements 

in this section are approvable because 

they are consistent with the subject 

CTG. 

NR 422.144 Letterpress Printing 

These regulations are based on and 

are consistent with EPA’s 2006 CTG for 

Letterpress Printing. The control 

requirements for cleaning materials 

apply if the combined emissions of VOC 

exceed three tons on a 12 consecutive 

month rolling basis. The add-on control 

requirements for heatset web letterpress 

printing operations apply if the 

potential emissions of VOC from a 

lithographic press dryer equal or exceed 

25 tons per year. The cleaning materials 

(blanket or roller wash) must not equal 

or exceed 70 percent by weight VOC or 

the VOC composite partial pressure 

must be less than 10 mm Hg. An addon control device on a subject heatset 

dryer must achieve a 90 percent or 95 

percent reduction of VOM emissions, 

depending on the installation date of the 

add-on control device. Recordkeeping 

requirements are also specified to 

establish compliance with the 

applicable limits. The requirements in 

this section are approvable because they 

are consistent with the subject CTG. 

NR 422.145 Screen Printing 

Wisconsin has amended its screen 

printing rules to incorporate the 

industrial solvent cleaning requirements 

in the CTG for Industrial Cleaning 

Solvents. These requirements apply to 

any screen printing facility with VOC 


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emissions from all industrial cleaning 

operations which equal or exceed three 

tons per year on a 12 consecutive month 

rolling basis. 

As specified in the CTG, cleaning 

solvent must not exceed a VOC content 

limit of 0.42 pounds VOC/gallon. 

However, the CTG also references the 

solvent cleaning requirements in the 

SCAQMD solvent cleaning rules. As a 

result of SCAQMD limits that were in 

place at the time that EPA’s CTG was 

issued, Wisconsin has adopted 4.2 

pounds VOC/gallon limits for repair or 

maintenance cleaning and cleaning of 

ink application equipment. In lieu of 

complying with these VOC content 

limits, an alternative limit of 8 mm Hg 

is also consistent with the CTG. 

Wisconsin has included several 

cleaning device and method 

requirements as well as storage and 

disposal requirements from the 

SCAQMD’s Rule 1171. Wisconsin’s rule 

also has adequate recordkeeping 

requirements. The additions to 

Wisconsin’s screen printing rule are 

therefore approvable. 

NR 422.15 Miscellaneous Metal Parts 

and Products 

This section has been amended to 

include the cleaning material work 

practices in EPA’s 2008 CTG for 

Miscellaneous Metals and Plastic Parts 

Coating. These work practices include 

storing all VOC-containing cleaning 

materials and shop towels used for 

cleaning in closed containers and 

minimizing emissions of VOC during 

cleaning of coating application, storage, 

mixing, and conveying equipment by 

ensuring that cleaning is performed 

without atomizing any VOC-containing 

cleaning material and that the used 

material is captured and contained. 

These work practices satisfy 

Wisconsin’s requirement to have 

acceptable cleaning solvent 

requirements for miscellaneous metal 

parts and products coating operations 

and are approvable. 

NR 422.15 Fire Truck and Emergency 

Response Vehicle Manufacturing 

This section (a subset of 

miscellaneous metals) has been 

amended to include the cleaning 

material work practices in EPA’s 2008 

CTG for Miscellaneous Metals and 

Plastic Parts Coating. These work 

practices include storing all VOCcontaining cleaning materials and shop 

towels used for cleaning in closed 

containers and minimizing emissions of 

VOC during cleaning of coating 

application, storage, mixing, and 

conveying equipment by ensuring that 

cleaning is performed without 

atomizing any VOC-containing cleaning 

material and that the used material is 

captured and contained. These work 

practices satisfy Wisconsin’s 

requirement to have acceptable cleaning 

solvent requirements for miscellaneous 

metal parts and products coating 

operations and are approvable. 

NR 423—Control of Organic Compound 

Emissions From Solvent Cleaning 

Operations 

NR 423.02—Definitions 

Wisconsin has added definitions of 

‘‘Flexible magnetic data storage disc’’ 

and ‘‘Rigid magnetic data storage disc’’ 

because these terms are used in its 

industrial cleaning operations rule. 

These terms are accurately defined and 

are therefore approvable. 

NR 423.037 Industrial Cleaning 

Operations—Part 2 

Wisconsin has added an industrial 

solvent cleaning rule to incorporate the 

industrial solvent cleaning 

requirements, from the industrial 

solvent cleaning CTG, for those source 

categories whose rules do not contain 

such solvent cleaning requirements. 

These requirements apply to any such 

facility having actual VOC emissions 

from industrial cleaning operations 

which equal or exceed three tons per 

year on a 12 consecutive month rolling 

basis. 

As specified in the CTG, cleaning 

solvents must not exceed a VOC content 

limit of 0.42 pounds VOC/gallon as well 

as several specialty cleaning limits 

based on limits in SCAQMD’s Rule 1171 

that were in place at the time that EPA’s 

CTG was issued. In lieu of complying 

with these VOC content limits, an 

alternative limit of 8 mm Hg is also 

consistent with the CTG. 

Wisconsin has included several 

cleaning device and method 

requirements as well as storage, disposal 

and transport requirements from the 

SCAQMD’s Rule 1171. Wisconsin’s rule 

also has adequate recordkeeping 

requirements. The additions to 

Wisconsin’s graphic arts rule are 

therefore approvable. 

NR 439 Reporting, Recordkeeping, 

Testing, Inspection and Determination 

of Compliance Requirements 

NR 439.04 Recordkeeping 

Wisconsin amended its recordkeeping 

requirements for exempt sources (in NR 

439.04(4)) to include the VOC emissions 

from cleaning operations, when 

necessary, in addition to the VOC 

emissions from coating or printing lines. 

Wisconsin also added a requirement 

that the maximum theoretical emissions 

be determined from the dryer of each 

heatset web lithographic or letterpress 

printing press. A requirement for 

detailed records of solvent use in 

solvent cleaning activities was also 

added. 

Wisconsin added monitoring and 

recordkeeping requirements (in NR 

439.04(6)) for when add-on control 

equipment is used to comply with 

solvent cleaning requirements. 

The recordkeeping requirements in 

NR 439.04, as amended, along with the 

recordkeeping requirements in the 

coating and printing rules in NR 422 

adequately establish the applicability 

and compliance requirements of the 

rules and are therefore approvable. 

NR 484—Incorporation by Reference 

Wisconsin has also updated its 

Incorporation by Reference Chapter, 

including CFR appendices, National 

Technical Information Service, other 

government organizations, the American 

Society for Testing and Materials and 

other private organizations. 

V. Statutory and Executive Order 

Reviews 

Under the Act, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 


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10430 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Act; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 9, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–4171 Filed 2–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0140; FRL–9634–5] 

Revision to the South Coast Air Quality 

Management District Portion of the 

California State Implementation Plan, 

South Coast Rule 1315 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision for the South Coast Air Quality 

Management District (District) portion 

of the California SIP. This SIP revision 

proposes to incorporate Rule 1315— 

Federal New Source Review Tracking 

System—into the District’s SIP 

approved New Source Review (NSR) 

program to establish the procedures for 

demonstrating equivalency with Federal 

offset requirements by specifying how 

the District will track debits and credits 

in its Offset Accounts for Federal NSR 

Equivalency for specific Federal 

nonattainment pollutants and their 

precursors. The District’s SIP approved 

NSR program contained in Regulation 

XIII allows the District to exempt certain 

sources from obtaining offsetting 

emission reductions on the open market 

and for the District to provide offsets for 

designated sources that qualify, such as 

essential public services. EPA’s 

proposal to approve this SIP revision is 

based on finding that Rule 1315 

provides an adequate system to 

demonstrate on an on-going basis that 

an equivalent amount of offsets are 

being provided pursuant to this rule as 

would otherwise be required by the 

Clean Air Act (CAA) and that the 

emission reductions the District is 

crediting and debiting in its Offset 

Accounts meet the requirements of the 

CAA and can be used to provide the 

offsets otherwise required for Federal 

major sources and modifications. 

DATES: Comments on this Notice of 

Proposed Rulemaking (NPR) must be 

submitted no later than March 23, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0140, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: r9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While EPA 

generally lists the documents in the 

docket in the index, some information 

may not be specifically listed as a line 

item in the index or may be publicly 

available only at the hard copy location 

(e.g., voluminous records, copyrighted 

material), and some may not be publicly 

available in either location (e.g., CBI). 

To inspect the hard copy materials, 

please schedule an appointment during 

normal business hours with the contact 

listed in the FOR FURTHER INFORMATION

CONTACT section. The hard copy 

materials constitute the docket. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’, ‘‘us’’, 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Evaluation of SIP Revision 

A. What is in the SIP revision? 

B. What are the Federal Clean Air Act 

requirements? 

C. How does the SIP revision comply with 

the Federal integrity criteria and 

demonstrate equivalency? 

D. Do Rule 1315’s offsets comply with the 

EPA’s base year requirements? 

E. CAA Section 110(l) 

F. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

EPA allows and encourages local 

authorities to tailor SIP programs, 

including new source review permitting 

programs, to account for that 

community’s particular needs provided 

that the SIP is not less stringent than the 

Act’s requirements. See generally CAA 

Section 116, 42 U.S.C. 7416; Train v. 

Natural Res. Defense Council, 421 U.S. 

60, 79 (1975); Union Electric Co. v. EPA, 

427 U.S. 246, 250 (1976). The District’s 

nonattainment permitting rules 

contained in District Regulation XIII 

went through numerous public 

workshops and stakeholder meetings 

prior to adoption in December 1995. 

The California Air Resources Board 

(CARB) submitted Regulation XIII along 

with supporting regulations and 

documents to EPA Region 9 on August 

28, 1996. On December 4, 1996, EPA 

Region 9 published a direct final 

approval of Regulation XIII in the 

Federal Register. 61 FR 64291 

(December 4, 1996) (Codified at 40 CFR 

52.220(c)(240)(i)(1)). 

When EPA approved Regulation XIII, 

we noted that Rule 1304 exempted 

certain major sources from obtaining 

offsets and Rule 1309.1 allowed the 


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