Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Cook Composites and Polymers Company, 12565-12568 [E7-4771]
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Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations
the Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this final rule have been
examined and it has been determined
not to be a significant regulatory action
under Executive Order 12866.
Regulatory Flexibility Act
The Secretary of Veterans Affairs
hereby certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. This
final rule would not directly impact any
small entities or individuals. Therefore,
pursuant to 5 U.S.C. 605(b), this final
rule is exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603–604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers for the programs
affected by this final rule are 64.201 and
64.202.
List of Subjects in 38 CFR Part 2
Authority delegations (Government
agencies), Veterans Affairs Department.
For the reasons set forth in the
preamble, 38 CFR part 2 is amended as
follows:
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PART 2—DELEGATIONS OF
AUTHORITY
1. The authority citation for part 2
continues to read as follows:
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Authority: 5 U.S.C. 302, 552a; 38 U.S.C.
501, 512, 515, 1729, 1729A, 5711; 44 U.S.C.
3702, unless otherwise noted.
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2. Section 2.6 is amended by revising
paragraph (f)(3) to read as follows.
Authority: 18 U.S.C. 13, 3061; 21 U.S.C.
802, 844; 39 U.S.C. 401, 403(b)(3), 404(a)(7),
1201(2).
§ 2.6. Secretary’s delegations of authority
to certain officials (38 U.S.C. 512).
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(f) * * *
(3) To accept donations, except offers
of land, made in any manner, for the
beautification or benefit of national
cemeteries.
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[FR Doc. E7–4826 Filed 3–15–07; 8:45 am]
BILLING CODE 8320–01–P
POSTAL SERVICE
2. In § 232.1, paragraph (l) is revised
to read as follows:
§ 232.1
Conduct on postal property.
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(l) Weapons and explosives.
Notwithstanding the provisions of any
other law, rule or regulation, no person
while on postal property may carry
firearms, other dangerous or deadly
weapons, or explosives, either openly or
concealed, or store the same on postal
property, except for official purposes.
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39 CFR Part 232
Conduct on Postal Property; Weapons
Prohibition
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E7–4803 Filed 3–15–07; 8:45 am]
BILLING CODE 7710–12–P
Postal Service.
Final rule.
AGENCY:
ACTION:
SUMMARY: The U.S. Postal Service is
amending the rules for conduct on
Postal Service property to clarify the
prohibition of carrying or storing on
Postal Service property any firearms or
other dangerous weapons, or deadly
weapons or explosives, except for
official purposes.
DATES: Effective March 16, 2007.
FOR FURTHER INFORMATION CONTACT:
Lawrence Katz, Inspector in Charge,
Office of Counsel, U.S. Postal Inspection
Service, 202–268–7732.
SUPPLEMENTARY INFORMATION: The
amendment to the prohibition of
carrying, either openly or concealed, or
storing any firearms, other dangerous or
deadly weapons or explosives on Postal
Service property is to clarify the rule,
ensuring that these items are only
possessed for official purposes. This
change would eliminate potential
conflicts with other laws, rules or
regulations which may allow the
possession of these articles for other
than official purposes.
List of Subjects in 39 CFR Part 232
Approved: March 2, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
12565
Authority delegations (Government
agencies), Crime, Federal buildings and
facilities, Government property, Law
enforcement officers, Postal Service,
Security measures.
I In view of the considerations
discussed above, the Postal Service
adopts the following amendment to 39
CFR part 232.
PART 232—CONDUCT ON POSTAL
PROPERTY
1. The authority citation for part 232
continues to read as follows:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0542; FRL–8285–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; Cook Composites and
Polymers Company
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The EPA is approving
Wisconsin’s April 25, 2006, submittal of
a source specific revision to revise its
State Implementation Plan (SIP) for the
control of volatile organic compounds.
The revision consists of language
contained in an Administrative
Decision, dated February 24, 2005,
approving an equivalent control system
to meet reasonably available control
technology (RACT) emission control
requirements for Cook Composites and
Polymers Company located in Saukville,
Wisconsin, in Ozaukee County.
DATES: This direct final rule will be
effective May 15, 2007, unless EPA
receives adverse comments by April 16,
2007. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–0542, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
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Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations
3. Fax: (312) 886–5824.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
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–2006–
0542. 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 e-mail. 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
e-mail comment directly to EPA without
going through www.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.
Docket: All documents in the docket
are listed in the www.regulations.gov
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
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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 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. We
recommend that you telephone Charles
Hatten, Environmental Engineer, at
(312) 886–6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
Hatten.Charles@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
II. Review of Wisconsin’s Plan
III. What Change is Wisconsin Requesting?
IV. Why is the Request Approvable?
V. What Action is EPA Taking Today?
VI. Statutory and Executive Order Reviews
I. General Information
This rulemaking applies to Cook
Composites and Polymers Company
located in Saukville, Wisconsin, in
Ozaukee County, and the control of
volatile organic compounds (VOC)
emissions from its synthetic resin
manufacturing operations. The revision
consists of language contained in a
Administrative Decision (AM–05–200),
dated February 24, 2005, approving the
use of a high efficiency thermal oxidizer
as an equivalent control system to meet
VOC reasonably available control
technology (RACT) emission control
requirements in section NR
412.05(2)(a)(2) of the Wisconsin
Administrative Code.
II. Review of Wisconsin’s Plan
Wisconsin’s Current SIP
On August 15, 1994, EPA approved
rule NR 421.05 of the Wisconsin
Administrative Code, as a VOC RACT
requirement to control emissions from
synthetic resin manufacturing facilities.
See Federal Register 59 FR 41709.
Under the existing federally-approved
SIP for Wisconsin, the requirements in
NR 421.05 apply to stationary sources
located in the counties of Kenosha,
Milwaukee, Ozaukee, Racine,
Washington and Waukesha.
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Applicability of Wisconsin Rule NR
412.05
In chapter NR 421 of Wisconsin
Administrative Code, section NR
421.05, this VOC RACT requirement
specifically applies to the control of
VOC emissions from ‘‘reaction tanks,
thinning tanks, blending tanks and other
process vessels used in any synthetic
resin manufacturing facility.’’ The
RACT rule prescribes the use of a
surface condenser system for control of
VOC emissions, but also allows for the
use of an alternative control technology.
The rule establishes a procedure for the
State and EPA approval of alternative
control technology. Section NR
421.05(2)(a) states, ‘‘any equally
effective control method or equivalent
system approved by the department
under this paragraph shall be submitted
to, and will not become effective for
federal purposes until approved by, the
administrator or designee as a sourcespecific revision to the department’s
state implementation plan for ozone.
The emission control system shall be
one of the following:
1. A surface condenser, or equally
effective control device approved by the
department, and a vapor recovery or
control system that reduces emissions
from the surface condenser or equally
effective device by 85%.
2. An equivalent system or approach
demonstrated to reliably control
emissions from a process that does not
include a condenser by not less than
90% as approved by the department.’’
III. What Change Is Wisconsin
Requesting?
On April 25, 2006, Wisconsin
submitted to EPA a source specific SIP
revision in the form of an
Administrative Decision (AM–05–200)
requesting approval to establish VOC
RACT requirements for Cook
Composites and Polymers Company,
applicable to its synthetic resin
manufacturing facility. Because Cook
Composites and Polymers Company
installed a thermal oxidizer instead of a
surface condenser system as an
emission control system, section NR
421.05(2)(a) requires Wisconsin to
submit a request to EPA to approve the
use of the thermal oxidizer as a source
specific revision to Wisconsin’s SIP.
The VOC RACT requirement in section
NR 421.05(2)(a)(2) requires an
‘‘equivalent control system or approach
demonstrated to reliably control VOC
emissions from a process that does not
include a condenser by not less than
90%.’’ The Administrative Decision
(AM–05–200) includes a decision by the
State of Wisconsin approving the use of
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a high-efficiency thermal oxidizer to
meet the VOC RACT emission control
requirement in section NR
421.05(2)(a)(2).
VI. Statutory and Executive Order
Reviews
IV. Why Is the Request Approvable?
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 12866: Regulatory
Planning and Review
The findings of fact contained in the
Administrative Decision (AM–05–200),
along with a copy of the compliance
emission test report, show that the
thermal oxidizer meets VOC RACT
emission control requirements
contained in section NR 421.05(2)(a)(2).
The test to determine the thermal
oxidizer’s VOC destruction and removal
efficiency demonstrated an average VOC
destruction and removal efficiency of
99.7%, well within the parameters of
‘‘an equivalent system or approach
demonstrated to reliably control
emissions from a process that does not
include a condenser by not less than
90%.’’
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V. What Action Is EPA Taking Today?
Based on the rationale set forth above,
EPA is approving the revision to the
Wisconsin SIP regarding Administrative
Decision (AM–05–200), concerning
Cook Composites and Polymers
Company (synthetic resin
manufacturing facility) and its use of a
high-efficiency thermal oxidizer to be an
equivalent control system or approach
to meet VOC RACT emission control
requirements contained in section NR
421.05(2)(a)(2).
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 May 15, 2007 without further
notice unless we receive relevant
adverse written comments by April 16,
2007. 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
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
May 15, 2007.
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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).
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
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12567
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. section 804(2).
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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 May 15, 2007.
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, Reporting and
recordkeeping requirements, Ozone, and
Volatile organic compounds.
Dated: February 27, 2007.
Steve Rothblatt,
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)(115) to read as
follows:
I
§ 52.2570
Identification of plan.
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(c) * * *
(115) On April 25, 2006, Wisconsin
submitted source specific SIP revision
to revise its State Implementation Plan
(SIP) for the control of volatile organic
compounds (VOC) from synthetic resin
manufacturing operations. The revision
consists of language contained in an
Administrative Decision (AM–05–200),
dated February 24, 2005, approving the
use of a high efficiency thermal oxidizer
as an equivalent control system or
approach to meet VOC RACT emission
control requirements for Cook
Composites and Polymers Company
located in Saukville, Wisconsin, in
Ozaukee County.
(i) Incorporation by reference.
(A) The Administrative Decision
(AM–05–200), dated February 24, 2005,
issued by the Wisconsin Department of
Natural Resources, establishes VOC
RACT for Cook Composites and
Polymers Company synthetic resin
manufacturing facility located in
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Saukville, Wisconsin, in Ozaukee
County.
[FR Doc. E7–4771 Filed 3–15–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R01–RCRA–2007–0135; FRL–8287–8]
Vermont: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
SUMMARY: The State of Vermont has
applied to EPA for final authorization of
certain changes to its hazardous waste
program under the Resource
Conservation and Recovery Act (RCRA).
EPA has determined that these changes
satisfy all requirements needed to
qualify for final authorization, and is
authorizing the State’s changes through
this immediate final action.
DATES: This final authorization will
become effective on May 15, 2007
unless EPA receives adverse written
comment by April 16, 2007. If EPA
receives such comment, it will publish
a timely withdrawal of this immediate
final rule in the Federal Register and
inform the public that this authorization
will not take immediate effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
RCRA–2007–0135, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: leitch.sharon@epa.gov
• Fax: (617) 918–0647, to the
attention of Sharon Leitch
• Mail: Sharon Leitch, Hazardous
Waste Unit, EPA Region 1, One
Congress Street, Suite 1100 (CHW),
Boston, MA 02114–2023
• Hand Delivery or Courier: Deliver
your comments to: Sharon Leitch,
Hazardous Waste Unit, Office of
Ecosystem Protection, EPA Region 1,
One Congress Street, 11th Floor, (CHW),
Boston, MA 02114–2023. Such
deliveries are only accepted during the
Office’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Identify your comments
as relating to Docket ID No. EPA–R01–
RCRA–2007–0135. EPA’s policy is that
all comments received will be included
in the public docket without change and
may be made available online at
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www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or claimed to be 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 e-mail. 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 e-mail comment directly
to EPA without going through
www.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 information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: EPA has established a docket
for this action under Docket ID No.
EPA–R01–RCRA–2007–0135. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although it may be listed in the index,
some information might not be publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the following two locations:
aves\rules.xml(i) EPA Region 1 Library,
One Congress Street–11th Floor, Boston,
MA 02114–2023; by appointment only;
tel: (617) 918–1990; and (ii) Agency of
Natural Resources, 103 South Main
Street–West Office Building, Waterbury,
Vermont, 05671–0404; Business Hours:
7:45 AM to 4:30 PM, Monday through
Friday; tel: (802) 241–3888.
FOR FURTHER INFORMATION CONTACT:
Sharon Leitch, Hazardous Waste Unit,
EPA Region 1, One Congress Street,
Suite 1100 (CHW), Boston, MA 02114–
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]]>Agencies
[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Rules and Regulations]
[Pages 12565-12568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4771]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0542; FRL-8285-3]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Cook Composites and Polymers Company
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving Wisconsin's April 25, 2006, submittal of
a source specific revision to revise its State Implementation Plan
(SIP) for the control of volatile organic compounds. The revision
consists of language contained in an Administrative Decision, dated
February 24, 2005, approving an equivalent control system to meet
reasonably available control technology (RACT) emission control
requirements for Cook Composites and Polymers Company located in
Saukville, Wisconsin, in Ozaukee County.
DATES: This direct final rule will be effective May 15, 2007, unless
EPA receives adverse comments by April 16, 2007. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0542, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
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3. Fax: (312) 886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office 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-
2006-0542. 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 e-mail.
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 e-
mail comment directly to EPA without going through www.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.
Docket: All documents in the docket are listed in the
www.regulations.gov 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
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Charles Hatten, Environmental Engineer, at
(312) 886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, Hatten.Charles@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
II. Review of Wisconsin's Plan
III. What Change is Wisconsin Requesting?
IV. Why is the Request Approvable?
V. What Action is EPA Taking Today?
VI. Statutory and Executive Order Reviews
I. General Information
This rulemaking applies to Cook Composites and Polymers Company
located in Saukville, Wisconsin, in Ozaukee County, and the control of
volatile organic compounds (VOC) emissions from its synthetic resin
manufacturing operations. The revision consists of language contained
in a Administrative Decision (AM-05-200), dated February 24, 2005,
approving the use of a high efficiency thermal oxidizer as an
equivalent control system to meet VOC reasonably available control
technology (RACT) emission control requirements in section NR
412.05(2)(a)(2) of the Wisconsin Administrative Code.
II. Review of Wisconsin's Plan
Wisconsin's Current SIP
On August 15, 1994, EPA approved rule NR 421.05 of the Wisconsin
Administrative Code, as a VOC RACT requirement to control emissions
from synthetic resin manufacturing facilities. See Federal Register 59
FR 41709. Under the existing federally-approved SIP for Wisconsin, the
requirements in NR 421.05 apply to stationary sources located in the
counties of Kenosha, Milwaukee, Ozaukee, Racine, Washington and
Waukesha.
Applicability of Wisconsin Rule NR 412.05
In chapter NR 421 of Wisconsin Administrative Code, section NR
421.05, this VOC RACT requirement specifically applies to the control
of VOC emissions from ``reaction tanks, thinning tanks, blending tanks
and other process vessels used in any synthetic resin manufacturing
facility.'' The RACT rule prescribes the use of a surface condenser
system for control of VOC emissions, but also allows for the use of an
alternative control technology. The rule establishes a procedure for
the State and EPA approval of alternative control technology. Section
NR 421.05(2)(a) states, ``any equally effective control method or
equivalent system approved by the department under this paragraph shall
be submitted to, and will not become effective for federal purposes
until approved by, the administrator or designee as a source-specific
revision to the department's state implementation plan for ozone. The
emission control system shall be one of the following:
1. A surface condenser, or equally effective control device
approved by the department, and a vapor recovery or control system that
reduces emissions from the surface condenser or equally effective
device by 85%.
2. An equivalent system or approach demonstrated to reliably
control emissions from a process that does not include a condenser by
not less than 90% as approved by the department.''
III. What Change Is Wisconsin Requesting?
On April 25, 2006, Wisconsin submitted to EPA a source specific SIP
revision in the form of an Administrative Decision (AM-05-200)
requesting approval to establish VOC RACT requirements for Cook
Composites and Polymers Company, applicable to its synthetic resin
manufacturing facility. Because Cook Composites and Polymers Company
installed a thermal oxidizer instead of a surface condenser system as
an emission control system, section NR 421.05(2)(a) requires Wisconsin
to submit a request to EPA to approve the use of the thermal oxidizer
as a source specific revision to Wisconsin's SIP. The VOC RACT
requirement in section NR 421.05(2)(a)(2) requires an ``equivalent
control system or approach demonstrated to reliably control VOC
emissions from a process that does not include a condenser by not less
than 90%.'' The Administrative Decision (AM-05-200) includes a decision
by the State of Wisconsin approving the use of
[[Page 12567]]
a high-efficiency thermal oxidizer to meet the VOC RACT emission
control requirement in section NR 421.05(2)(a)(2).
IV. Why Is the Request Approvable?
The findings of fact contained in the Administrative Decision (AM-
05-200), along with a copy of the compliance emission test report, show
that the thermal oxidizer meets VOC RACT emission control requirements
contained in section NR 421.05(2)(a)(2). The test to determine the
thermal oxidizer's VOC destruction and removal efficiency demonstrated
an average VOC destruction and removal efficiency of 99.7%, well within
the parameters of ``an equivalent system or approach demonstrated to
reliably control emissions from a process that does not include a
condenser by not less than 90%.''
V. What Action Is EPA Taking Today?
Based on the rationale set forth above, EPA is approving the
revision to the Wisconsin SIP regarding Administrative Decision (AM-05-
200), concerning Cook Composites and Polymers Company (synthetic resin
manufacturing facility) and its use of a high-efficiency thermal
oxidizer to be an equivalent control system or approach to meet VOC
RACT emission control requirements contained in section NR
421.05(2)(a)(2).
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 May 15, 2007
without further notice unless we receive relevant adverse written
comments by April 16, 2007. 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 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 May 15, 2007.
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.
section 804(2).
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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 May 15, 2007. 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, Reporting and
recordkeeping requirements, Ozone, and Volatile organic compounds.
Dated: February 27, 2007.
Steve Rothblatt,
Acting Regional Administrator, Region 5.
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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)(115) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(115) On April 25, 2006, Wisconsin submitted source specific SIP
revision to revise its State Implementation Plan (SIP) for the control
of volatile organic compounds (VOC) from synthetic resin manufacturing
operations. The revision consists of language contained in an
Administrative Decision (AM-05-200), dated February 24, 2005, approving
the use of a high efficiency thermal oxidizer as an equivalent control
system or approach to meet VOC RACT emission control requirements for
Cook Composites and Polymers Company located in Saukville, Wisconsin,
in Ozaukee County.
(i) Incorporation by reference.
(A) The Administrative Decision (AM-05-200), dated February 24,
2005, issued by the Wisconsin Department of Natural Resources,
establishes VOC RACT for Cook Composites and Polymers Company synthetic
resin manufacturing facility located in Saukville, Wisconsin, in
Ozaukee County.
[FR Doc. E7-4771 Filed 3-15-07; 8:45 am]
BILLING CODE 6560-50-P
