[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18257-18259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10129]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WI68-01-7294a; FRL-5461-7]


Approval and Promulgation of State Implementation Plan; 
Wisconsin; Industrial Adhesives SIP Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA approves a revision to the Wisconsin State 
Implementation Plan (SIP) for ozone that was submitted on December 12, 
1995, and later supplemented on January 12, 1996. This revision 
requires the control of volatile organic compound (VOC) emissions from 
facilities that utilize industrial adhesives. This submittal was made 
to satisfy the requirement of the 1990 Clean Air Act (CAA) that all 
major VOC sources in moderate, or worse, ozone nonattainment areas have 
Reasonably Available Control Technology (RACT) applied to them. This 
regulation will also be used to generate reductions in VOC emissions, 
which the State will use to fulfill the CAA requirement to reduce VOC 
emissions by at least 15 percent from the 1990 baseline emissions. In 
the proposed rules section of this Federal Register, the EPA is 
proposing approval of, and soliciting comments on, this requested SIP 
revision. If adverse comments are received on this action, the EPA will 
withdraw this final rule and address the comments received in response 
to this action in a final rule on the related proposed rule, which is 
being published in the proposed rules section of this Federal Register. 
A second public comment period will not be held. Parties interested in 
commenting on this action should do so at this time. This approval 
makes federally enforceable the State's rule that has been incorporated 
by reference.

DATES: The ``direct final'' is effective on June 24, 1996, unless EPA 
receives adverse or critical comments by May 28, 1996. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. EPA, 
77 West Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the proposed SIP revision and EPA's analysis are 
available for inspection at the U.S. EPA, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (Please 
telephone Douglas Aburano at (312) 353-6960 before visiting the Region 
5 Office.)

FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental 
Engineer, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. EPA , Region 5, Chicago, Illinois 60604, (312) 353-6960.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(b) of the CAA sets forth the requirements for ozone 
nonattainment areas which have been classified as moderate or above. 
Section 182(b)(1)(A) requires those States with ozone nonattainment 
areas classified as moderate or above to submit plans to reduce VOC 
emissions by at least 15 percent from the 1990 baseline emissions. The 
1990 baseline, as described by EPA's emission inventory guidance, is 
the amount of anthropogenic VOC emissions emitted on a typical summer 
day.

[[Page 18258]]

    Section 182(b)(2) of the CAA requires States to adopt RACT rules 
for all areas designated nonattainment for ozone and classified as 
moderate or above for both sources covered by Control Technology 
Guidance (CTG) documents issued by EPA and all major sources not 
covered by a CTG document. The EPA has not issued a CTG document for 
this source category.
    To fulfill the RACT requirement, and as a part of its 15 percent 
plan, the State of Wisconsin has developed and adopted a rule to reduce 
the VOC emissions from the use of industrial adhesives operations in 
those areas of the State that are classified as moderate or higher. 
These areas are the counties of Kenosha, Kewaunee, Manitowoc, 
Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha.

II. Evaluation of State Submittal

    On November 15, 1993, the State of Wisconsin submitted its proposed 
15 percent plan. The 15 percent plan submittal was followed by several 
submittals that contain regulations that will achieve the reductions 
required by the 15 percent plan. On December 12, 1995, Wisconsin 
submitted its industrial adhesives rule, which was later supplemented 
on January 12, 1996, as part of its 15 percent plan. The industrial 
adhesives portion of the 15 percent plan was found complete in a letter 
to Don Theiler, Director of the Wisconsin Department of Natural 
Resources' (WDNR) Bureau of Air Management, dated February 7, 1996. The 
WDNR followed the required legal procedures for adopting this rule that 
are the prerequisites for EPA to consider in approving this rule as 
part of Wisconsin's federally enforceable SIP. The WDNR held two public 
hearings for this rule on February 1, 1995 and submitted this rule to 
the EPA as a SIP revision under signature of the Governor's designee.
    In developing the control requirements for this source category, 
WDNR developed the rule with input from affected facilities, adhesive 
suppliers, small business organizations and other state agencies. 
Wisconsin's rule, NR 422.127, reduces the VOC emissions from the 
affected sources by limiting the VOC content of the adhesives used or 
by requiring a minimum solids contents in the adhesives used.
    In addition to recordkeeping requirements that apply generally to 
VOC sources, facilities that are affected by the coating limits found 
in this rule must keep records of the following:
    1. A unique name of identification number for each adhesive and 
adhesive primer used.
    2. The VOC content of each adhesive and adhesive primer, as 
applied, in units of kilograms per liter (pounds per gallon), excluding 
water.
    3. The percent solids by weight in each adhesive or adhesive 
primer, as applied.
    Other facilities that are not affected by the limits of this rule 
due to low-use exemptions must keep records indicating that the 
exemption threshold is not breached. If a facility goes above the 
exemption threshold, it must comply with the limits of this rule.
    A more detailed analysis of the State's submittal is contained in a 
technical support document, which is available at the Regional Office 
listed above. In determining the approvability of this VOC rule, EPA 
evaluated the rule for consistency with Federal requirements, including 
section 110 and part D of the Clean Air Act.

III. Final Rulemaking Action

    The EPA approves Wisconsin's industrial adhesives rule as being 
RACT for this source category thereby making this rule federally 
enforceable.
    Because EPA considers this action noncontroversial and routine, we 
are approving it without prior proposal. This action will become 
effective on June 24, 1996. However, if we receive adverse comments by 
May 28, 1996, EPA will publish a document that withdraws this action.

IV. Miscellaneous

A. Applicability to Future SIP Decisions

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

B. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214), as revised by a July 
10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air 
and Radiation. The Office of Management and Budget has exempted this 
regulatory action from E.O. 12866 review.

C. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    This approval does not create any new requirements. Therefore, I 
certify that this action does not have a significant impact on any 
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the Act, preparation of the regulatory 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of the State action. The Act forbids EPA to base its 
actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 256-66 (1976).

D. Unfunded Mandates

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

E. Petitions for Judicial Review

    Under Section 307(b)(1) of the Act, petitions for judicial review 
of this

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action must be filed in the United States Court of Appeals for the 
appropriate circuit by June 24, 1996. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review, nor does 
it extend the time within which a petition for judicial review may be 
filed and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (See Section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: April 5, 1996.
Valdas V. Adamkus,
Regional Administrator.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart YY--Wisconsin

    2. Section 52.2570 is amended by adding paragraph (c)(93) to read 
as follows:


Sec. 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (93) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on December 
11, 1995 and later supplemented on January 12, 1996. This revision 
consists of a volatile organic compound regulation that establishes 
reasonably available control technology for facilities that use 
industrial adhesives.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(1e), (1m) and (28j) as created and published in the 
(Wisconsin) Register, August, 1995, No. 476, effective September 1, 
1995.
    (B) NR 422.127 as created and published in the (Wisconsin) 
Register, August, 1995, No. 476, effective September 1, 1995.
    (C) NR 422.132(1)(c) as repealed, recreated and published in the 
(Wisconsin) Register, August, 1995, No. 476, effective September 1, 
1995.

[FR Doc. 96-10129 Filed 4-24-96; 8:45 am]
BILLING CODE 6560-50-P