[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Rules and Regulations]
[Pages 39515-39516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rulemaking finalizes the Environmental Protection 
Agency's (EPA's) disapproval of a site-specific State Implementation 
Plan (SIP) revision for the Amron Corporation facility located at 525 
Progress Avenue

[[Page 39516]]

in Waukesha. The SIP revision was submitted by the Wisconsin Department 
of Natural Resources (WDNR) on February 21, 1997, and would exempt the 
facility from the volatile organic compound (VOC) emission limits 
applicable to miscellaneous metal coating operations. The EPA proposed 
to disapprove this request on April 28, 1998. No negative comments were 
submitted during the comment period.

DATES: This disapproval is effective August 24, 1998.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. (Please telephone Kathleen D'Agostino at (312) 
886-1767 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 
60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 28, 1998, EPA proposed to disapprove the site-specific SIP 
revision for Amron Corporation (63 FR 23239). This proposed disapproval 
was based on numerous factors which are discussed in detail in the 
proposed disapproval. EPA received no negative comments during the 
public comment period. Therefore, EPA is finalizing the disapproval 
proposed on April 28, 1998.

II. Miscellaneous

A. Applicability to Future SIP Decisions

    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. The EPA shall consider each request for revision to the SIP in 
light of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

B. Executive Orders 12866 and 13045

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order (E.O.) 12866 review.
    The final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks,'' because 
it is not an ``economically significant'' action under E.O. 12866.

C. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because this disapproval only 
affects one source, Amron Corporation. Therefore, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities. Furthermore, as explained in this document, 
the request does not meet the requirements of the Clean Air Act and EPA 
cannot approve the request. EPA has no option but to disapprove the 
submittal.
    EPA's disapproval of the State request under section 110 and 
subchapter I, part D of the Clean Air Act does not affect any existing 
requirements applicable to small entities. Any pre-existing Federal 
requirements remain in place after this disapproval. Federal 
disapproval of the State submittal does not affect State-
enforceability. Moreover, EPA's disapproval of the submittal does not 
impose any new Federal requirements. Therefore, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities.

D. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate, or to the private sector, of $100 
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires EPA to establish a plan for informing and advising any small 
governments that may be significantly or uniquely impacted by the rule.
    EPA has determined that this disapproval does not include a Federal 
mandate that may result in estimated costs of $100 million or more to 
either State, local, or tribal governments in the aggregate, or to the 
private sector. This Federal disapproval action imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result.

E. Small Business Regulatory Enforcement Fairness Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 891 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA 
is not required to submit a rule report regarding this action under 
section 801 because this is a rule of particular applicability.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: July 9, 1998.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 98-19656 Filed 7-22-98; 8:45 am]
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