Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18257

local and tribal governments to perform

certain actions and also may ultimately

lead to the private sector being required

to perform certain duties. To the extent

that the rules and commitments being

approved by this action will impose or

lead to the imposition of any mandate

upon the State, local or tribal

governments either as the owner or

operator of a source or as a regulator, or

would impose or lead to the imposition

of any mandate upon the private sector,

EPA’s action will impose no new

requirements; such sources are already

subject to these requirements under

State law. Accordingly, no additional

costs to State, local, or tribal

governments, or to the private sector,

result from this action. The USEPA has

also determined that this action does

not include a mandate that may result

in estimated costs of $100 million or

more to State, local, or tribal

governments in the aggregate or to the

private sector.

Under Section 307(b)(1) of the Act, as

amended, judicial review of this action

is available only by filing a petition for

review in the United States Court of

Appeals for the appropriate circuit by

June 24, 1996. The action may not be

challenged later in proceedings to

enforce their requirements. See section

307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Ozone, Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: February 29, 1996.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter I, title 40, of the Code

of Federal Regulations is amended to

read 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 KK—Ohio

2. Section 52.1870 is amended by

adding paragraph (c)(102) to read as

follows:

§ 52.1870 Identification of plan.

* * * * *

(c) * * *

(102) On June 7, 1993, and February

17, 1995, the Ohio Environmental

Protection Agency (OEPA) submitted

revisions to the State Implementation

Plan (SIP) for ozone. The revisions

include 19 new non-Control Technique

Guideline volatile organic compound

(VOC) rules, Findings and Orders for 5

companies, and two permits to install.

(i) Incorporation by reference.

(A) OEPA OAC Rule 3745–21–01,

Definitions, Paragraphs (Q); (T);

effective January 17, 1995.

(B) OEPA OAC Rule 3745–21–04,

Attainment Dates and Compliance Time

Schedules, Paragraphs (C)(40); (C)(41);

(C)(46); (C)(48); (C)(49); (C)(50); (C)(51);

(C)(53); (C)(54); (C)(59); (C)(60); (C)(61);

(C)(62); effective January 17, 1995.

(C) OEPA OAC Rule 3745–21–09,

Control of Emissions of Volatile Organic

Compounds from Stationary Sources,

Paragraphs (FF), (GG), (HH), (II), (JJ),

(KK), (LL), (MM), (NN), (OO), (PP),

(QQ), (SS), (TT), (YY), (ZZ), (AAA);

(BBB); effective January 17, 1995.

(D) Director’s Final Findings and

Orders for AK Steel Corporation

(Middletown), International Paper

Company (Cincinnati), Midwest Mica &

Insulation Company (Cleveland), Reilly

Industries, Inc. (Cleveland), and

Sprayon Products, Inc. (Bedford

Heights), Issued by Ohio Environmental

Protection Agency on August 18, 1995.

(E) Permit to Install, Application

Number 13–2396, for Excello Specialty

Company, APS Premise Number

1318607686. The date of issuance is

December 11, 1991.

(F) Permit to Install, Application

Number 14–2096, for Hilton Davis

Company, APS Premise Number

1431070039. The date of issuance is

June 12, 1991.

* * * * *

[FR Doc. 96–10131 Filed 4–24–96; 8:45 am]

BILLING CODE 6560–50–P

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.

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.
18258 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

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 preexisting 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
Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18259

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:

§ 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

40 CFR Part 52

[FL–64–2–9611a; FRL–5444–4]

Approval and Promulgation of

Implementation Plans, Florida:

Approval of Revisions to the Florida

SIP

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Florida State Implementation Plan

(SIP) submitted by the State of Florida

through the Florida Department of

Environmental Protection (FDEP) on

April 24, 1995. This submittal includes

amendments to the federally enforceable

state operating permit program and the

SIP regulations for perchloroethylene

dry cleaning facilities.

DATES: This final rule will be effective

June 24, 1996 unless adverse or critical

comments are received by May 28, 1996.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments on this

action should be addressed to Joey

LeVasseur, at the EPA Regional Office

listed below. Copies of the documents

relative to this action are available for

public inspection during normal

business hours at the following

locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street SW.,

Washington, DC 20460.

EPA, Region 4 Air Programs Branch, 345

Courtland Street NE., Atlanta, Georgia

30365.

Florida Department of Environmental

Protection, Twin Towers Office

Building, 2600 Blair Stone Road,

Tallahassee, Florida 32399–2400.

FOR FURTHER INFORMATION CONTACT:

Interested persons wanting to examine

documents relative to this action should

make an appointment with the Region 4

Air Programs Branch at least 24 hours

before the visiting day. To schedule the

appointment or to request additional

information, contact Joey LeVasseur,

Regulatory Planning and Development

Section, Air Programs Branch, Air,

Pesticides & Toxics Management

Division, Region 4 EPA, 345 Courtland

Street, NE., Atlanta, Georgia 30365. The

telephone number is 404/347–3555 ext.

4215. Reference file FL64–2–9611a.

SUPPLEMENTARY INFORMATION: EPA is

approving revisions to the Florida SIP

submitted by the State of Florida

through the FDEP on April 24, 1995.

These revisions amend the federally

enforceable state operating permit

program and the SIP regulations for

perchloroethylene dry cleaning

facilities. The following is a description

of the revisions. The regulations are

more fully discussed in the official SIP

submittal that is available at the Region

IV office listed under the ADDRESSES

section of this notice.

62–210.200 and 62.296.200

These sections were updated to

include ‘‘emission control equipment’’

within the definition of ‘‘dry cleaning

facility,’’ for consistency with the

definitions and requirements of the Title

V program.

62–210.300(2)(b)

This section previously was unclear

and was revised to clarify the

requirements for federally enforceable

state operating permits (FESOPs).

62–210.300(4)

This section was revised to provide a

temporary exemption to area source dry

cleaning facilities from the State’s minor

source preconstruction review

requirements.

62–296.412

This section was revised to update the

applicable requirements for

perchloroethylene dry cleaning

facilities. The amendments make it clear

that perchloroethylene facilities which

have not yet been permitted under Title

V continue to be subject to the

requirements of this section in the

interim.

Final Action

In this action, EPA is approving the

revision to the SIP submitted by the

State of Florida through the FDEP on

April 24, 1995. The EPA is publishing

this rule making without a prior

proposal for approval because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective June 24, 1996

unless, within 30 days of its

publication, adverse or critical

comments are received.

If the EPA receives such comments,

this action will be withdrawn before the