Approval and Promulgation of Maintenance Plan Revisions; Wisconsin, 60010-60013 [05-20604]
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Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: September 13, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(335)(i)(A)(3) to
read as follows:
I
§ 52.220
Identification of plan.
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(c) * * *
(335) * * *
(i) * * *
(A) * * *
(3) Rule 404, adopted on December
15, 2004.
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[FR Doc. 05–20603 Filed 10–13–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R05–OAR–2005–WI–0002; FRL–7974–4]
Approval and Promulgation of
Maintenance Plan Revisions;
Wisconsin
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving an
alternative volatile organic compounds
(VOC) control device for Serigraph, Inc.
(Serigraph) as a revision to the
Wisconsin State Implementation Plan
(SIP). On May 18, 2005, the Wisconsin
Department of Natural Resources
submitted a request to revise the
Wisconsin SIP. The revision approves
Serigraph’s use of a biofilter to control
VOC emissions from its printing facility
in Washington County, Wisconsin. The
biofilter will achieve VOC emission
reductions at or beyond the level of the
control methods listed in the SIP.
Serigraph has designed one of its plants
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as a permanent total enclosure (PTE),
which captures all VOC emissions and
routes them to the biofilter. There are no
fugitive emissions from the plant. This
control system will reliably control
emissions at or below the level of
Federally mandated emission limits.
DATES: This rule is effective on
December 13, 2005, unless EPA receives
adverse written comments by November
14, 2005. If EPA receives adverse
comments, EPA will publish a timely
withdrawal of the rule in the Federal
Register and inform the public that the
rule will not take effect.
ADDRESSES: Submit comments,
identified by Regional Material in
EDocket (RME) ID No. R05–OAR–2005–
WI–0002, by one of the following
methods: Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments. Agency Web site: https://
docket.epa.gov/rmepub/. Regional RME,
EPA’s electronic public docket and
comments system, is EPA’s preferred
method for receiving comments. Once
in the system, select ‘‘quick search,’’
then key in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 886–5824.
Mail: You may send written
comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your
comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s 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
RME ID No. R05–OAR–2005–WI–0002.
EPA’s policy is that all comments
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information that
you consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and
the federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
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means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail 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 the related proposed rule which is
published in the Proposed Rules section
of this Federal Register.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Publicly available docket materials are
available either electronically in RME or
in hard copy at Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. We
recommend that you telephone Matt
Rau, Environmental Engineer, at (312)
886–6524 before visiting the Region 5
office. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Criteria
Pollutant Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6524,
rau.matthew@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. General Information
A. Does this action apply to me?
B. How can I get copies of this document
and other related information?
C. How and to whom do I submit
comments?
II. What is EPA approving?
III. What are the changes from the current
rule?
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Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations
IV. What is EPA’s analysis of the supporting
material?
V. What action is EPA taking today?
VI. Statutory and Executive Order Reviews
at the Regional Office for public
inspection.
C. How and to whom do I submit
comments?
I. General Information
You may submit comments
A. Does this action apply to me?
electronically, by mail, or through hand
delivery/courier. To ensure proper
This action applies to a single
receipt by EPA, identify the appropriate
source—Serigraph, Incorporated in
rulemaking identification number by
Washington County, Wisconsin.
including the text ‘‘Public comment on
B. How can I get copies of this document proposed rulemaking Region 5 Air
and other related information?
Docket R05–OAR–2005–WI–0002’’ in
1. The Regional Office has established the subject line on the first page of your
an electronic public rulemaking file
comment. Please ensure that your
available for inspection at RME under
comments are submitted within the
ID No. R05–OAR–2005–WI–0002, and a specified comment period. Comments
hard copy file which is available for
received after the close of the comment
inspection at the Regional Office. The
period will be marked ‘‘late.’’ EPA is not
official public file consists of the
required to consider these late
documents specifically referenced in
comments.
this action, any public comments
For detailed instructions on
received, and other information related
submitting public comments and on
to this action. Although a part of the
what to consider as you prepare your
official docket, the public rulemaking
comments see the ADDRESSES section
file does not include CBI or other
and the section I General Information of
information the disclosure of which is
the SUPPLEMENTARY INFORMATION section
restricted by statute. The official public
of the related proposed rule which is
rulemaking file is the collection of
published in the proposed rules section
materials that is available for public
of this Federal Register.
viewing at the Air Programs Branch, Air
II. What is EPA approving?
and Radiation Division, EPA Region 5,
EPA is approving a revision to the
77 West Jackson Boulevard, Chicago,
Illinois 60604. EPA requests that, if at
Wisconsin VOC SIP for Serigraph. The
all possible, you contact the person
revision approves Serigraph’s use of a
listed in the FOR FURTHER INFORMATION
biofilter to control VOC emissions from
CONTACT section to schedule your
several lines in Plant 2 at its facility.
inspection. The Regional Office’s
This is an alternative to the control
official hours of business are Monday
methods listed in the SIP. An alternate
through Friday, 8:30 a.m. to 4:30 p.m.
control method is allowed under section
excluding Federal holidays.
NR 422.04(2)(d) of the Wisconsin
2. Electronic Access. You may access
Administrative Code. The biofilter will
this Federal Register document
reliably control VOC emissions at a
electronically through the
similar level with other control
regulations.gov Web site located at
techniques for surface printing facilities.
https://www.regulations.gov where you
Plant 2 is designed as a PTE, which
can find, review, and submit comments
ensures a 100% capture efficiency. An
on Federal rules that have been
80% overall control efficiency for VOC
published in the Federal Register, the
emissions is required for this control
Government’s legal newspaper, and that device. Overall control efficiency
are open for comment.
includes both capture and destruction
For public commenters, it is
efficiencies. Serigraph’s biofilter has
important to note that EPA’s policy is
achieved a greater than 85% overall
that public comments, whether
control efficiency.
submitted electronically or in paper,
III. What are the changes from the
will be made available for public
current rule?
viewing at the EPA Regional Office, as
Southeastern Wisconsin screen
EPA receives them and without change,
printers are required to use low solvent
unless the comment contains
coatings or a control device to limit
copyrighted material, CBI, or other
VOC emissions. This requirement is
information whose disclosure is
found in section NR 422.04(2) of the
restricted by statute. When EPA
Wisconsin Administrative Code. The
identifies a comment containing
control devices allowed are vapor
copyrighted material, EPA will provide
recovery systems or vapor incinerators.
a reference to that material in the
version of the comment that is placed in Section NR 422.04(2)(d) adds that a
printer may use an alternate control
the official public rulemaking file. The
device if it will reliably control VOC
entire printed comment, including the
emissions to a level at or below the
copyrighted material, will be available
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applicable emission limit and is
approved by the Wisconsin Department
of Natural Resources. Federal approval
of the alternative control device is
required for this change to the
Wisconsin SIP.
IV. What is EPA’s analysis of the
supporting material?
Serigraph is adding a biofilter on its
Plant 2 printing facility as an alternative
VOC emissions control device. The
print room is designed as a PTE
ensuring all of the print room emissions
are exhausted into the biofilter.
Serigraph’s biofilter system consists of
two humidifiers and two media
chambers. Each biofilter unit can
operate independently. This allows for
emission control even when a unit is
offline. The print room exhaust goes
through a humidifier then the warm,
moist gas stream proceeds into the
media chamber. Microorganisms in the
media chemically convert the VOC into
carbon dioxide and water. Fans in each
chamber control the rate of the gas
moving through the media so that
proper conversion occurs. For
Serigraph’s system, the media retention
time should be about 30 seconds. The
biofilter exhausts through a 25 foot
stack. Testing of the gas in the print
room exhaust duct and the biofilter
exhaust stack will confirm that
Serigraph’s control device reduces the
VOC emissions by the required amount.
The biofilter has been in operation since
May 1997. An average of 54 tons of VOC
emissions are vented to the biofilter
each year. The average exhaust from the
biofilter is about 8 tons of VOC per year.
This easily exceeds the 80% control
requirement.
V. What action is EPA taking today?
EPA is approving, through direct final
rulemaking, revisions to the VOC
regulations for Serigraph, Inc. in
Washington County, Wisconsin.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective December 13, 2005, without
further notice unless we receive relevant
adverse written comments by November
14, 2005. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
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Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations
addressed in a subsequent final rule
based on the proposed action. The EPA
will not institute a second comment
period. Any parties interested in
commenting on this action should do so
at this time. If we do not receive any
comments, this action will be effective
December 13, 2005.
VI. Statutory and Executive Order
Reviews
Executive Order 12866; Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
Regulatory Flexibility Act
This action merely approves state law
as meeting federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it 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).
Executive Order 13175 Consultation
and Coordination With Indian Tribal
Governments
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(59 FR 22951, November 9, 2000).
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Executive Order 13132 Federalism
This action also does not have
federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act.
Executive Order 13045 Protection of
Children From Environmental Health
and Safety Risks
This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
National Technology Transfer
Advancement Act
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review 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. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
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States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 13,
2005. 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 15, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart YY—Wisconsin
2. Section 52.2570 is amended by
adding paragraph (c)(112) to read as
follows:
I
§ 52.2570
Identification of plan.
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(c) * * *
(112) On May 18, 2005, Wisconsin
Department of Natural Resources
submitted a source specific State
Implementation Plan revision.
Serigraph, Inc. in Washington County is
seeking to use an alternative volatile
organic compounds control device.
Serigraph, Inc. will use a biofilter to
control volatile organic compound
emissions from sources in its Plant 2.
This is considered an equivalent control
system under section NR 422.04(2)(d) of
the Wisconsin Administrative Code
because it will reliably control
emissions at or below the level of the
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Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations
applicable emission limits, Wisconsin
Administrative Code section NR
422.145.
(i) Incorporation by reference.
Department of Natural Resources
Findings of Fact, Conclusions of Law,
and Decision AM–04–200 dated
November 24, 2004.
[FR Doc. 05–20604 Filed 10–13–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 222 and 223
[Docket No. 051007258–5258–01; I.D.
100505D]
RIN 0648–AT96
Sea Turtle Conservation; Shrimp
Trawling Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
SUMMARY: NMFS issues this temporary
rule for a period of 30 days, to allow
shrimp fishermen to use limited tow
times as an alternative to Turtle
Excluder Devices (TEDs) in state and
Federal waters off Cameron Parish,
Louisiana (approximately 92°37′ W.
long.), westward to the boundary shared
by Matagorda and Brazoria Counties,
Texas, and extending offshore 50
nautical miles. This action is necessary
because environmental conditions
resulting from Hurricane Rita are
preventing some fishermen from using
TEDs effectively.
DATES: Effective from October 11, 2005
through November 10, 2005.
ADDRESSES: Requests for copies of the
Environmental Assessment on this
action should be addressed to the Chief,
Marine Mammal Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Michael Barnette, 727–551–5794.
SUPPLEMENTARY INFORMATION:
Background
All sea turtles that occur in U.S.
waters are listed as either endangered or
threatened under the Endangered
Species Act of 1973 (ESA). The Kemp’s
ridley (Lepidochelys kempii),
leatherback (Dermochelys coriacea), and
hawksbill (Eretmochelys imbricata)
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turtles are listed as endangered. The
loggerhead (Caretta caretta) and green
(Chelonia mydas) turtles are listed as
threatened, except for breeding
populations of green turtles in Florida
and on the Pacific coast of Mexico,
which are listed as endangered.
Sea turtles are incidentally taken, and
some are killed, as a result of numerous
activities, including fishery-related
trawling activities in the Gulf of Mexico
and along the Atlantic seaboard. Under
the ESA and its implementing
regulations, the taking of sea turtles is
prohibited, with exceptions identified
in 50 CFR 223.206(d), or according to
the terms and conditions of a biological
opinion issued under section 7 of the
ESA, or according to an incidental take
permit issued under section 10 of the
ESA. The incidental taking of turtles
during shrimp or summer flounder
trawling is exempted from the taking
prohibition of section 9 of the ESA if the
conservation measures specified in the
sea turtle conservation regulations (50
CFR 223) are followed. The regulations
require most shrimp trawlers and
summer flounder trawlers operating in
the southeastern United States (Atlantic
area, Gulf area, and summer flounder
sea turtle protection area, see 50 CFR
223.206) to have a NMFS-approved TED
installed in each net that is rigged for
fishing to allow sea turtles to escape.
TEDs currently approved by NMFS
include single-grid hard TEDs and
hooped hard TEDs conforming to a
generic description, the flounder TED,
and one type of soft TED the Parker soft
TED (see 50 CFR 223.207).
TEDs incorporate an escape opening,
usually covered by a webbing flap,
which allows sea turtles to escape from
trawl nets. To be approved by NMFS, a
TED design must be shown to be 97
percent effective in excluding sea turtles
during testing based upon specific
testing protocols (50 CFR 223.207(e)(1)).
Most approved hard TEDs are described
in the regulations (50 CFR 223.207(a))
according to generic criteria based upon
certain parameters of TED design,
configuration, and installation,
including height and width dimensions
of the TED opening through which the
turtles escape.
The regulations governing sea turtle
take prohibitions and exemptions
provide for the use of limited tow times
as an alternative to the use of TEDs for
vessels with certain specified
characteristics or under certain special
circumstances. The provisions of 50
CFR 223.206(d)(3)(ii) specify that the
NOAA Assistant Administrator for
Fisheries (AA) may authorize
compliance with tow time restrictions
as an alternative to the TED requirement
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60013
if the AA determines that the presence
of algae, seaweed, debris, or other
special environmental conditions in a
particular area makes trawling with
TED-equipped nets impracticable. The
provisions of 50 CFR 223.206(d)(3)(i)
specify the maximum tow times that
may be used when tow time limits are
authorized as an alternative to the use
of TEDs. Each tow may be no more than
55 minutes from April 1 through
October 31 and no more than 75
minutes from November 1 through
March 31, as measured from the time
that the trawl doors enter the water until
they are removed from the water. These
tow time limits are designed to
minimize the level of mortality of sea
turtles that are captured by trawl nets
not equipped with TEDs.
Recent Events
On September 27, 2005, the NMFS
Southeast Regional Administrator
received requests from the Louisiana
Department of Wildlife and Fisheries
(LADWF) and the Texas Parks and
Wildlife Department (TPWD) to allow
the use of tow times as an alternative to
TEDs in state and federal waters because
of the presence of excessive stormrelated debris on the fishing grounds as
a result of Hurricane Rita. When a TED
is clogged with debris, it can no longer
catch shrimp effectively nor can it
effectively exclude turtles. Phone
conversations between NMFS Southeast
Region′s Protected Resources staff,
fishermen, and state resource agency
staffs confirm there are problems with
debris in state and Federal waters off
Louisiana, westward to the boundary
shared by Matagorda and Brazoria
Counties, Texas, and extending offshore
50 nautical miles, which are likely to
affect the effectiveness of TEDs.
Special Environmental Conditions
The AA finds that debris washed into
state and Federal waters by Hurricane
Rita off Cameron Parish, Louisiana
(approximately 92°37′ W. long.),
westward to the boundary shared by
Matagorda and Brazoria Counties,
Texas, and extending offshore 50
nautical miles, has created special
environmental conditions that make
trawling with TED-equipped nets
impracticable. Therefore, the AA issues
this notification to authorize the use of
restricted tow times as an alternative to
the use of TEDs in state and federal
waters off Cameron Parish, Louisiana
(approximately 92°37′ W. long.),
westward to the boundary shared by
Matagorda and Brazoria Counties,
Texas, and extending offshore 50
nautical miles, for a period of 30 days.
Tow times must be limited to no more
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]]>Agencies
[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Rules and Regulations]
[Pages 60010-60013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20604]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2005-WI-0002; FRL-7974-4]
Approval and Promulgation of Maintenance Plan Revisions;
Wisconsin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving an alternative volatile organic compounds
(VOC) control device for Serigraph, Inc. (Serigraph) as a revision to
the Wisconsin State Implementation Plan (SIP). On May 18, 2005, the
Wisconsin Department of Natural Resources submitted a request to revise
the Wisconsin SIP. The revision approves Serigraph's use of a biofilter
to control VOC emissions from its printing facility in Washington
County, Wisconsin. The biofilter will achieve VOC emission reductions
at or beyond the level of the control methods listed in the SIP.
Serigraph has designed one of its plants as a permanent total enclosure
(PTE), which captures all VOC emissions and routes them to the
biofilter. There are no fugitive emissions from the plant. This control
system will reliably control emissions at or below the level of
Federally mandated emission limits.
DATES: This rule is effective on December 13, 2005, unless EPA receives
adverse written comments by November 14, 2005. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2005-WI-0002, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-
line instructions for submitting comments. Agency Web site: https://
docket.epa.gov/rmepub/. Regional RME, EPA's electronic public docket
and comments system, is EPA's preferred method for receiving comments.
Once in the system, select ``quick search,'' then key in the
appropriate RME Docket identification number. Follow the on-line
instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's 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 RME ID No. R05-OAR-2005-WI-
0002. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through RME,
regulations.gov, or e-mail. The EPA RME Web site and the federal
regulations.gov Web site are ``anonymous access'' systems, 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 e-mail comment
directly to EPA without going through RME or regulations.gov, your e-
mail 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 the related proposed rule which is
published in the Proposed Rules section of this Federal Register.
Docket: All documents in the electronic docket are listed in the
RME index at https://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
We recommend that you telephone Matt Rau, Environmental Engineer, at
(312) 886-6524 before visiting the Region 5 office. This Facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6524, rau.matthew@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. General Information
A. Does this action apply to me?
B. How can I get copies of this document and other related
information?
C. How and to whom do I submit comments?
II. What is EPA approving?
III. What are the changes from the current rule?
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IV. What is EPA's analysis of the supporting material?
V. What action is EPA taking today?
VI. Statutory and Executive Order Reviews
I. General Information
A. Does this action apply to me?
This action applies to a single source--Serigraph, Incorporated in
Washington County, Wisconsin.
B. How can I get copies of this document and other related information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection at RME under ID No. R05-OAR-
2005-WI-0002, and a hard copy file which is available for inspection at
the Regional Office. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include CBI or
other information the disclosure of which is restricted by statute. The
official public rulemaking file is the collection of materials that is
available for public viewing at the Air Programs Branch, Air and
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. EPA requests that, if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at https://
www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and that are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
C. How and to whom do I submit comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2005-WI-0002'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the proposed
rules section of this Federal Register.
II. What is EPA approving?
EPA is approving a revision to the Wisconsin VOC SIP for Serigraph.
The revision approves Serigraph's use of a biofilter to control VOC
emissions from several lines in Plant 2 at its facility. This is an
alternative to the control methods listed in the SIP. An alternate
control method is allowed under section NR 422.04(2)(d) of the
Wisconsin Administrative Code. The biofilter will reliably control VOC
emissions at a similar level with other control techniques for surface
printing facilities. Plant 2 is designed as a PTE, which ensures a 100%
capture efficiency. An 80% overall control efficiency for VOC emissions
is required for this control device. Overall control efficiency
includes both capture and destruction efficiencies. Serigraph's
biofilter has achieved a greater than 85% overall control efficiency.
III. What are the changes from the current rule?
Southeastern Wisconsin screen printers are required to use low
solvent coatings or a control device to limit VOC emissions. This
requirement is found in section NR 422.04(2) of the Wisconsin
Administrative Code. The control devices allowed are vapor recovery
systems or vapor incinerators. Section NR 422.04(2)(d) adds that a
printer may use an alternate control device if it will reliably control
VOC emissions to a level at or below the applicable emission limit and
is approved by the Wisconsin Department of Natural Resources. Federal
approval of the alternative control device is required for this change
to the Wisconsin SIP.
IV. What is EPA's analysis of the supporting material?
Serigraph is adding a biofilter on its Plant 2 printing facility as
an alternative VOC emissions control device. The print room is designed
as a PTE ensuring all of the print room emissions are exhausted into
the biofilter. Serigraph's biofilter system consists of two humidifiers
and two media chambers. Each biofilter unit can operate independently.
This allows for emission control even when a unit is offline. The print
room exhaust goes through a humidifier then the warm, moist gas stream
proceeds into the media chamber. Microorganisms in the media chemically
convert the VOC into carbon dioxide and water. Fans in each chamber
control the rate of the gas moving through the media so that proper
conversion occurs. For Serigraph's system, the media retention time
should be about 30 seconds. The biofilter exhausts through a 25 foot
stack. Testing of the gas in the print room exhaust duct and the
biofilter exhaust stack will confirm that Serigraph's control device
reduces the VOC emissions by the required amount. The biofilter has
been in operation since May 1997. An average of 54 tons of VOC
emissions are vented to the biofilter each year. The average exhaust
from the biofilter is about 8 tons of VOC per year. This easily exceeds
the 80% control requirement.
V. What action is EPA taking today?
EPA is approving, through direct final rulemaking, revisions to the
VOC regulations for Serigraph, Inc. in Washington County, Wisconsin.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective December 13,
2005, without further notice unless we receive relevant adverse written
comments by November 14, 2005. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be
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addressed in a subsequent final rule based on the proposed action. The
EPA will not institute a second comment period. Any parties interested
in commenting on this action should do so at this time. If we do not
receive any comments, this action will be effective December 13, 2005.
VI. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review 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. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 13, 2005. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 15, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YY--Wisconsin
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2. Section 52.2570 is amended by adding paragraph (c)(112) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(112) On May 18, 2005, Wisconsin Department of Natural Resources
submitted a source specific State Implementation Plan revision.
Serigraph, Inc. in Washington County is seeking to use an alternative
volatile organic compounds control device. Serigraph, Inc. will use a
biofilter to control volatile organic compound emissions from sources
in its Plant 2. This is considered an equivalent control system under
section NR 422.04(2)(d) of the Wisconsin Administrative Code because it
will reliably control emissions at or below the level of the
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applicable emission limits, Wisconsin Administrative Code section NR
422.145.
(i) Incorporation by reference.
Department of Natural Resources Findings of Fact, Conclusions of
Law, and Decision AM-04-200 dated November 24, 2004.
[FR Doc. 05-20604 Filed 10-13-05; 8:45 am]
BILLING CODE 6560-50-P
