[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Proposed Rules]
[Pages 10424-10430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4171]


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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.

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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:
    <bullet> www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#066764737467686928626973616a67754663766728616970"><span class="__cf_email__" data-cfemail="2a4b485f584b4445044e455f4d464b596a4f5a4b044d455c">[email protected]</span></a>.
    <bullet> Fax: (312) 408-2279.
    <bullet> Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    <bullet> 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

[[Page 10425]]

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, 
<a href="/cdn-cgi/l/email-protection#4a3825392f243e222b2664393e2f3c2f240a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="64160b17010a100c05084a17100112010a240114054a030b12">[email protected]</span></a>.

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 non-CTG 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

[[Page 10426]]

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 
Milwaukee-Racine 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 
heptane-containing 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.

[[Page 10427]]

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 light-duty 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.

[[Page 10428]]

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 VOC-
containing 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 VOC-containing 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 add-on 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

[[Page 10429]]

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 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 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or

[[Page 10430]]

safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 
1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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


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