Approval and Promulgation of Implementation Plans; Wisconsin; Volatile Organic Compound Emission Control Measures for Milwaukee and Sheboygan Ozone Nonattainment Areas, 10424-10430 [2012-4171]
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the proposed approval of
the West Virginia SIP revision regarding
the incorporation by reference of the
NAAQS for sulfur dioxide, particulate
matter, carbon monoxide, ozone,
nitrogen dioxide, and lead into 45CSR8–
Ambient Air Quality Standards, does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
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November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2012.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–3918 Filed 2–21–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0695; FRL–9635–3]
Approval and Promulgation of
Implementation Plans; Wisconsin;
Volatile Organic Compound Emission
Control Measures for Milwaukee and
Sheboygan Ozone Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On September 1, 2009,
November 16, 2011, and January 26,
2012, the Wisconsin Department of
Natural Resources (WDNR) submitted
several volatile organic compound
(VOC) rules for approval into its State
Implementation Plan (SIP). The purpose
of these rules is to satisfy the Clean Air
Act’s (the Act) requirement that states
revise their SIPs to include reasonably
available control technology (RACT) for
sources of VOC emissions in moderate
ozone nonattainment areas. Wisconsin’s
VOC rules provide RACT requirements
for the Milwaukee-Racine and
Sheboygan 8-hour ozone nonattainment
areas. These rules are approvable
because they are consistent with the
Control Technique Guideline (CTG)
documents issued by EPA in 2006 and
2007 and satisfy the RACT requirements
of the Act.
DATES: Comments must be received on
or before March 23, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0695, by one of the
following methods:
SUMMARY:
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• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: aburano.douglas@epa.gov.
• Fax: (312) 408–2279.
• Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, 18th floor,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office’s 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–2009–
0695. 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 email. 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 email
comment directly to EPA without going
through www.regulations.gov your email
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 this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
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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 AM to 4:30 PM, Monday through
Friday, excluding federal holidays. We
recommend that you telephone Steven
Rosenthal at (312) 886–6052 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Attainment Planning &
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6052,
rosenthal.steven@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. What should I consider as I prepare my
comments for EPA?
II. What action is EPA taking today?
III. What is the purpose of this action?
IV. What is EPA’s analysis of Wisconsin’s
submitted VOC rules?
V. Statutory and Executive Order Reviews
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I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date, and page number).
2. Follow directions—The EPA may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
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7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. What action is EPA taking today?
EPA is proposing to approve into the
Wisconsin SIP several new and revised
VOC rules which set out RACT
requirements for categories of VOC
sources in two ozone nonattainment
areas. These rules correspond to and are
consistent with the source categories
and control recommendations in the
CTGs issued by EPA in 2006 and 2007,
as well as EPA RACT guidance for
earlier CTGs and source categories not
covered by a CTG. Wisconsin adopted
new or revised rules for industrial
cleaning solvents, flat wood paneling
coatings, flexible packaging printing
materials, lithographic printing
materials, letterpress printing materials,
paper, film and foil coatings, metal
furniture coatings, large appliance
coatings, industrial wastewater
collection and treatment operations, and
reactor processes and distillation
operations in the synthetic organic
chemical manufacturing industry
(SOCMI).
III. What is the purpose of this action?
The primary purpose of these rules is
to satisfy the requirement in section
182(b) of the Act that VOC RACT rules
be adopted in nonattainment areas for
the source categories covered by the
CTG documents issued by EPA in 2006
and 2007. These rule revisions also
include previously required SOCMI air
oxidation, distillation and reactor
regulations as well as an industrial
wastewater rule that is required because
industrial wastewater is a major nonCTG category for which RACT rules are
required. The Milwaukee-Racine and
Sheboygan 8-hour ozone nonattainment
areas are classified as moderate
nonattainment for the 8-hour ozone
national ambient air quality standard.
See 40 CFR 81.31 and 81.314. According
to EPA policy, Wisconsin does not need
to adopt rules for the source categories
covered by the CTGs issued on
September 30, 2008, because it
submitted a complete 8-hour ozone
redesignation request (on September 11,
2009) before September 30, 2009, the
date upon which rules consistent with
these CTGs were required (according to
section 182(b)) to be adopted and
submitted as SIP revisions.
Section 182(b)(2) of the Act requires
that, for areas classified as moderate or
above for ozone nonattainment, states
must revise their SIPs to adopt RACT
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requirements for VOC sources that are
covered by CTGs. RACT is defined as
the lowest emissions limitation that a
particular source is capable of meeting
by the application of control technology
that is reasonably available considering
technological and economic feasibility
(44 FR 53762; September 17, 1979).
CTGs are documents issued by EPA to
provide states with the EPA’s
recommendation on how to control the
emissions of VOC from a specific type
of product or source category in an
ozone nonattainment area. A CTG
provides information on determining
RACT for a source category, including
recommendations on control options
and enforcement provisions for the
category.
IV. What is EPA’s analysis of
Wisconsin’s submitted VOC rules?
EPA has reviewed Wisconsin’s new
and revised VOC rules for the source
categories covered by the 2006 and 2007
CTGs, as well as corrections to rules that
were required to be submitted to EPA on
September 15, 2006, and proposes to
find that these rules are consistent with
the control measures, definitions,
recordkeeping and test methods in these
CTGs and applicable EPA RACT
guidance at www.epa.gov/ttn/naaqs/
ozone/ozonetech/#ref. Therefore EPA is
proposing to approve these rules as
meeting the RACT requirements in the
Act. A brief discussion of these rules
follows.
NR 400.02 (54m)—Definitions
A reference to digital printing has
been added to Wisconsin’s printing
regulations. This definition of ‘‘digital
printing’’ is approvable because it is a
necessary update to the definition and
accurately describes digital printing.
NR 419.045—Industrial Wastewater
Operations
This new rule applies to sources that
have potential VOC emissions greater
than or equal to 100 tons per year from
industrial wastewater operations and
any other non-CTG source category
without a final CTG, such as batch
operations. The VOC emissions from
industrial wastewater collection and
treatment processes evaporate from the
waste stream when exposed to the
ambient air. Consequently, the VOC
RACT requirements consist of
implementing technologies and work
practice standards that combine to
substantially suppress the exposure of
the VOC-laden waste stream to the
ambient air. More specifically, the
requirements include:
(1) Oil-water separators must be
provided with either a floating cover
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equipped with seals or a fixed cover,
equipped with a closed vent system
vented to a pollution control device;
(2) Each surface impoundment must:
(1) Be equipped with a cover or closed
vent system which routs the VOCs to a
control device or (2) be equipped with
a floating flexible membrane cover;
(3) All process drains must be
equipped with (1) a water seal or a
tightly fitting cap or plug or (2) a cover,
and if the cover is vented, the vapors
must be routed to a process or through
a closed vent system to a control device;
and
(4) All junction boxes must be
equipped with a tightly fitting solid
cover or vented to a process or to a
control device.
Also, several definitions have been
added to NR 419.02 to clarify the
requirements in NR 419.045. These
definitions are approvable because they
are necessary for implementation of the
wastewater rule and they accurately
describe the terms that are being
defined.
This rule is based on and is consistent
with EPA’s 1992 draft CTG ‘‘Control of
VOC Emissions from Industrial
Wastewater’’ and EPA’s 1994
‘‘Industrial Wastewater Act.’’
NR 420.02 (31)—The definition of
‘‘Reid vapor pressure’’ was amended to
refer to the appropriate ASTM method.
NR 421—Control of Organic Emissions
From Chemical, Coatings, and Rubber
Products Manufacturing
As discussed previously, Wisconsin is
required to develop industrial cleaning
solvent regulations consistent with
EPA’s 2006 Industrial Cleaning Solvent
CTG. Some of these cleaning solvent
requirements are contained within
source category specific rules and some
are contained within a general cleaning
solvent regulation (NR 423.037).
Wisconsin has adopted similar
cleaning solvent requirements for
synthetic resin manufacturing (NR
421.05) and coatings manufacturing (NR
421.06). These requirements are based
on the (California) Bay Area Air Quality
Management District’s rules, which are
referenced in EPA’s CTG. These
requirements apply to cleaning mixing
vats, high dispersion mills, grinding
mills, tote tanks and roller mills and
consist of four options: (1) The solvent
or solvent solution used must either
contain less than 1.67 pounds VOC per
gallon or have a VOC composite partial
vapor pressure of less than or equal to
8 millimeters (mm) of mercury (Hg) and
the solvent or solvent solution must be
collected and stored in closed
containers, or (2) several work practices
must be implemented, including storing
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all VOC-containing cleaning materials
in closed containers, or (3) the
emissions from equipment cleaning
must be collected and vented to an
emission control system with an overall
control efficiency of 80 percent or more
on a mass basis, or (4) no more than 60
gallons of virgin solvent per month may
be used. In addition, the owner or
operator of a facility engaged in wipe
cleaning may not use open containers
for the storage of solvent or solvent
solution used for cleaning or for the
storage or disposal of any material
impregnated with solvent or solvent
solution used for cleaning. Records of
the volume of virgin solvent used per
month, VOC content in pounds of VOC
per gallon or VOC composite pressure
are required, if applicable to the option
chosen for achieving compliance.
In addition, accurate definitions of
‘‘tote tank’’ and ‘‘wipe cleaning’’ have
been added to properly implement these
rules.
These cleaning solvent requirements
are therefore approvable because they
are consistent with EPA guidance and
require adequate recordkeeping.
Wisconsin has also adopted SOCMI
air oxidation, distillation and reactor
regulations in NR 421.07. NR
421.07(1)(a)(intro) specifies that these
SOCMI requirements apply to any
facility that is located in the MilwaukeeRacine and Sheboygan areas that
operates a SOCMI air oxidation unit,
distillation operation, or reactor process,
as those activities are defined in NR
440.675(2)(c), 440.686(2)(e) and
440.705(2)(o), respectively, to produce
any chemical as a product, coproduct,
byproduct or intermediate that is listed
in the CTGs for these categories.
Affected facilities must comply with
subsections (a), (b), or (c), from NR
440.675(3), NR 440.686(3), and NR
440.705(3) for each vent stream.
(a) Reduce emissions of total organic
compounds (TOC) (minus methane and
ethane) by 98 weight-percent or to a
TOC (minus methane and ethane)
concentration of 20 parts per million by
volume (ppmv) on a dry basis corrected
to 3% oxygen, whichever is less
stringent. If a boiler or process heater is
used to comply with this paragraph,
then the vent stream shall be introduced
into the flame zone of the boiler or
process heater; or
(b) Combust the emissions in a flare
that complies with the flare
requirements in EPA’s new source
performance standards; or
(c) Maintain a total resource
effectiveness (TRE) index value greater
than 1.0 without use of VOC emission
control devices. TRE is a measure of the
supplemental total resource requirement
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(or cost-effectiveness) per unit reduction
of TOC associated with an individual
vent stream, based on vent stream flow
rate, emission rate of TOC, net heating
value and corrosion properties, whether
or not the vent stream is halogenated.
Wisconsin’s SOCMI applicability
criteria and control requirements are
consistent with EPA’s CTGs and are
therefore approvable.
NR 422—Control of Organic Compound
Emissions From Surface Coating,
Printing and Asphalt Surfacing
Operations
NR 422.02—Definitions—Wisconsin
has added several definitions that are
needed to properly implement its
coating and printing rules. These
definitions are necessary and accurate
and are therefore approvable.
NR 422.05—Can Coating
Wisconsin has amended its can
coating rules to incorporate the
industrial solvent cleaning requirements
from the industrial solvent cleaning
CTG. These requirements apply to any
can coating facility with VOC emissions
from all industrial cleaning operations
which equal or exceed three tons per
year on a 12 consecutive month rolling
basis.
With the exception of cleaning of
heptane-containing end sealant
application equipment lines (at 5.8
pounds VOC/gallon) and cleaning of
metal can identification ink application
equipment (at 7.4 pounds VOC/gallon),
cleaning solvent must not exceed a VOC
content limit of 0.42 pounds VOC/
gallon, as specified in the CTG. Based
upon information submitted by the Can
Manufacturers Institute, EPA agrees that
the higher limits represent RACT. In
lieu of complying with these VOC
content limits, an alternative limit of 8
mm Hg (and 10 mm Hg for heptanecontaining end sealant application
equipment lines) is consistent with the
CTG.
The CTG also references the solvent
cleaning requirements in the South
Coast Air Quality Management District’s
(SCAQMD)—in the Los Angeles area—
solvent cleaning rules. These rules are
therefore considered to satisfy RACT.
Wisconsin has included several
cleaning device and method
requirements as well as storage, disposal
and transport requirements from the
SCAQMD’s Rule 1171. Wisconsin’s rule
also has adequate recordkeeping
requirements. The additions to
Wisconsin’s can coating rule are
therefore approvable.
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NR 422.06—Coil Coating
Wisconsin has amended its coil
coating rules to incorporate the
industrial solvent cleaning requirements
from the industrial solvent cleaning
CTG. These requirements apply to any
coil coating facility with VOC emissions
from all industrial cleaning operations
which equal or exceed three tons per
year on a 12 consecutive month rolling
basis.
As specified in the CTG, cleaning
solvent must not exceed a VOC content
limit of 0.42 pounds VOC/gallon. In lieu
of complying with this VOC content
limit, an alternative limit of 8 mm Hg
is also consistent with the CTG.
The CTG also references the solvent
cleaning requirements in the SCAQMD
solvent cleaning rules. Wisconsin has
included several cleaning device and
method requirements as well as storage,
disposal and transport requirements
from the SCAQMD’s Rule 1171.
Wisconsin’s rule also has adequate
recordkeeping requirements. The
additions to Wisconsin’s coil coating
rule are therefore approvable.
NR 422.075—Paper Coating—Part 2
This section has been added to be
consistent with EPA’s 2007 CTG for
Paper, Film, and Foil Coatings.
Wisconsin’s VOC content limits are 0.20
pounds VOC/pound of solids applied
for pressure sensitive tape and label
surface coatings, and 0.40 pounds VOC/
pound solids applied for all other paper
coatings, which are consistent with the
CTG. When compliance is achieved by
the use of add-on control, the required
overall control efficiency of 90 percent
is also consistent with the CTG.
Wisconsin’s paper coating rule also
contains work practices to minimize
VOC emissions from mixing operations,
storage tanks, and other containers, and
handling operations for coatings,
thinners, cleaning materials and waste
materials. The requirements in this
section are approvable because they are
consistent with the subject CTG.
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NR 422.08—Fabric and Vinyl Coating
Wisconsin has amended its fabric and
vinyl coating rules to incorporate the
industrial solvent cleaning requirements
from the industrial solvent cleaning
CTG. These requirements apply to any
fabric and vinyl coating facility with
VOC emissions from all industrial
cleaning operations which equal or
exceed three tons per year on a 12
consecutive month rolling basis.
As specified in the CTG, cleaning
solvent must not exceed a VOC content
limit of 0.42 pounds VOC/gallon. In lieu
of complying with this VOC content
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limit, an alternative limit of 8 mm Hg
is also consistent with the CTG.
The CTG also references the solvent
cleaning requirements in the SCAQMD
solvent cleaning rules. Wisconsin has
included several cleaning device and
method requirements as well as storage,
disposal and transport requirements
from the SCAQMD’s Rule 1171.
Wisconsin’s rule also has adequate
recordkeeping requirements. The
additions to Wisconsin’s fabric and
vinyl coating rule are therefore
approvable.
NR 422.083—Plastic Parts Coating
This section has been amended to
include the cleaning material work
practices in EPA’s 2008 CTG for
Miscellaneous Metals and Plastic Parts
Coating. These work practices include
storing all VOC-containing cleaning
materials and shop towels used for
cleaning in closed containers and
minimizing emissions of VOC during
cleaning of coating application, storage,
mixing, and conveying equipment by
ensuring that cleaning is performed
without atomizing any VOC-containing
cleaning material and that the used
material is captured and contained.
These work practices satisfy
Wisconsin’s requirement to have
acceptable cleaning solvent
requirements for plastic parts coating
operations and are approvable.
NR 422.09—Automobile and Light-Duty
Truck Manufacturing
This section has been amended to
include the cleaning material work
practices in EPA’s 2008 CTG for
Automobile and Light-Duty Truck
Assembly Coatings. A subject facility
must develop and implement a work
practice plan to minimize VOC
emissions from cleaning and purging of
equipment associated with all coating
operations. This plan must specify
practices and procedures for vehicle
body wiping, coating line purging,
flushing of coating systems, cleaning of
spray booth grates, walls and equipment
as well as external spray booth areas.
These work practices satisfy
Wisconsin’s requirement to have
acceptable cleaning solvent
requirements for automobile and lightduty truck assembly coatings operations
and are approvable.
NR 422.095—Automobile Refinishing
Operations
Wisconsin has amended its
automobile refinishing operations rules
to incorporate the industrial solvent
cleaning requirements from the
industrial solvent cleaning CTG. These
requirements apply to any automobile
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refinishing facility with VOC emissions
from all industrial cleaning operations
which equal or exceed three tons per
year on a 12 consecutive month rolling
basis.
As specified in the CTG, cleaning
solvent must not exceed a VOC content
limit of 0.42 pounds VOC/gallon. In lieu
of complying with this VOC content
limit, an alternative limit of 8 mm Hg
is also consistent with the CTG.
The CTG also references the solvent
cleaning requirements in the SCAQMD
solvent cleaning rules. Wisconsin has
included several cleaning device and
method requirements as well as storage,
disposal and transport requirements
from the SCAQMD’s Rule 1171.
Wisconsin’s rule also has adequate
recordkeeping requirements. The
additions to Wisconsin’s automobile
refinishing rule are therefore
approvable.
NR 422.105 Furniture Metal
Coatings—Part 2
This section has been added to be
consistent with EPA’s 2007 CTG for
Metal Furniture Coatings. Wisconsin’s
VOC content limits, e.g. 2.3 pounds
VOC/gallon for general, one component
coatings, are consistent with the CTG.
When compliance is achieved by the
use of add-on control, the required
overall control efficiency of 90 percent
is also consistent with the CTG.
Wisconsin’s metal furniture coating rule
also contains work practices to
minimize VOC emissions from mixing
operations, storage tanks, and other
containers, and handling operations for
coatings, thinners, cleaning materials
and waste materials. The requirements
in this section are approvable because
they are consistent with the subject
CTG.
NR 422.115 Surface Coating of Large
Appliance—Part 2
This section has been added to be
consistent with EPA’s 2007 CTG for
Large Appliance Coatings. Wisconsin’s
VOC content limits, e.g. 2.3 pounds
VOC/gallon for general, one component
coatings, are consistent with the CTG.
When compliance is achieved by the
use of add-on control, the required
overall control efficiency of 90 percent
is also consistent with the CTG.
Wisconsin’s large appliance coating rule
also contains work practices to
minimize VOC emissions from mixing
operations, storage tanks, and other
containers, and handling operations for
coatings, thinners, cleaning materials
and waste materials. The requirements
in this section are approvable because
they are consistent with the subject
CTG.
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Wood Furniture Coating
Wisconsin’s wood furniture coating
rule has been amended to include
cleaning material work practices that are
consistent with EPA’s 1996 CTG for the
Control of VOC Emissions from Wood
Furniture Manufacturing Operations.
The 25 tons per year potential
applicability cutoff has been revised to
include the emissions from any related
cleaning activities. These cleaning
material work practices include storing
VOC containing materials in closed
containers, collecting all VOCcontaining cleaning material used to
clean spray guns and spray gun lines in
a container and keeping the container
covered except when adding or
removing material, controlling
emissions of VOC containing material
from washoff operations and using
strippable spray booth materials
containing no more than 0.8 pounds of
VOC per pound of solids. These work
practices are consistent with the wood
furniture CTG and are approvable.
NR 422.127
Use of Adhesives
Wisconsin’s adhesives rule has been
amended to include cleaning material
work practices that are consistent with
EPA’s 2008 CTG for Miscellaneous
Industrial Adhesives. These work
practices include storing all VOCcontaining cleaning materials in closed
containers and minimizing emissions of
VOC during cleaning of coating
application, storage, mixing, and
conveying equipment by ensuring that
cleaning is performed without
atomizing any VOC containing cleaning
material and that the used material is
captured and contained. An
applicability cutoff of three tons on a 12
consecutive month rolling basis has also
been added. These work practices are
consistent with the miscellaneous
industrial adhesives CTG and are
approvable.
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NR 422.131 Flat Wood Panel
Coating—Part 2
This section has been added to be
consistent with EPA’s 2006 CTG for Flat
Wood Paneling Coatings. Wisconsin’s
VOC content limit is 2.1 pounds VOC/
gallon, which is consistent with the
CTG. When compliance is achieved by
the use of add-on control, the required
overall control efficiency of 90 percent
is also consistent with the CTG.
Wisconsin’s flat wood paneling rule also
contains work practices to minimize
VOC emissions from mixing operations,
storage tanks, and other containers, and
handling operations for coatings,
thinners, cleaning materials and waste
materials. The requirements in this
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section are approvable because they are
consistent with the subject CTG.
NR 422.14 Graphic Arts
Wisconsin has amended its graphic
arts rule to incorporate the industrial
solvent cleaning requirements from the
industrial solvent cleaning CTG. These
requirements apply to any (non-flexible
packaging) graphic arts facility with
VOC emissions from all industrial
cleaning operations which equal or
exceed three tons per year on a 12
consecutive month rolling basis.
As specified in the CTG, cleaning
solvent must not exceed a VOC content
limit of 0.42 pounds VOC/gallon—
except for a 0.83 pounds VOC/gallon
limit for cleaning of publication
rotogravure ink application equipment
and a 5.4 pounds VOC/gallon limit for
cleaning of ultraviolet ink application
equipment. The latter two limits are
based on the SCAQMD’s Rule 1171,
discussed above. In lieu of complying
with these VOC content limits, an
alternative limit of 8 mm Hg is also
consistent with the CTG. Wisconsin has
included several cleaning device and
method requirements as well as storage,
disposal and transport requirements
from the SCAQMD’s Rule 1171.
Wisconsin’s rule also has adequate
recordkeeping requirements. The
additions to Wisconsin’s graphic arts
rule are therefore approvable.
NR 422.141—Flexible Package Printing
These regulations have been revised
based on and are consistent with EPA’s
2006 CTG for Flexible Packaging
Printing Materials. Subject printing
lines may comply by meeting limits of
0.8 pounds VOC per pound of solids
applied or 0.16 pounds VOC per pound
of ink and coatings applied.
Alternatively, compliance can be
achieved by the use of add-on control
achieving an overall reduction in VOM
emissions ranging from 65 percent to 80
percent, depending upon when the
printing line and control device were
constructed. Work practices to reduce
emissions from the use of VOM
containing cleaning materials are also
required. These work practices require
that solvents used in cleaning
operations be stored in covered
containers and that VOC-containing
cleaning material be conveyed in closed
containers or pipes. The requirements in
this section are approvable because they
are consistent with the subject CTG.
NR 422.143 Lithographic Printing—
Part 2
These regulations are based on and
are consistent with EPA’s 2006 CTG for
Lithographic Printing. The control
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requirements for cleaning materials and
fountain solutions apply if the
combined emissions of VOC exceed
three tons on a 12 consecutive month
rolling basis. The add-on control
requirements for heatset web offset
printing operations apply if the
potential emissions of VOC from a
lithographic press dryer equal or exceed
25 tons per year. The fountain solution
is subject to a percent VOC limit, based
upon the temperature and whether or
not the fountain solution contains
alcohol. The cleaning materials (blanket
or roller wash) must not exceed 30
percent by weight (nor equal or exceed
70 percent by weight for ultraviolet ink
application equipment) VOC or the VOC
composite partial pressure must be less
than or equal to 10 mm Hg. An add-on
control device on a subject heatset dryer
must achieve a 90 percent or 95 percent
reduction of VOC emissions, depending
on the installation date of the add-on
control device, or alternatively can
comply by not exceeding an outlet
concentration of 20 ppmv, as carbon.
Recordkeeping requirements are also
specified to establish compliance with
the applicable limits. The requirements
in this section are approvable because
they are consistent with the subject
CTG.
NR 422.144 Letterpress Printing
These regulations are based on and
are consistent with EPA’s 2006 CTG for
Letterpress Printing. The control
requirements for cleaning materials
apply if the combined emissions of VOC
exceed three tons on a 12 consecutive
month rolling basis. The add-on control
requirements for heatset web letterpress
printing operations apply if the
potential emissions of VOC from a
lithographic press dryer equal or exceed
25 tons per year. The cleaning materials
(blanket or roller wash) must not equal
or exceed 70 percent by weight VOC or
the VOC composite partial pressure
must be less than 10 mm Hg. An addon control device on a subject heatset
dryer must achieve a 90 percent or 95
percent reduction of VOM emissions,
depending on the installation date of the
add-on control device. Recordkeeping
requirements are also specified to
establish compliance with the
applicable limits. The requirements in
this section are approvable because they
are consistent with the subject CTG.
NR 422.145 Screen Printing
Wisconsin has amended its screen
printing rules to incorporate the
industrial solvent cleaning requirements
in the CTG for Industrial Cleaning
Solvents. These requirements apply to
any screen printing facility with VOC
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emissions from all industrial cleaning
operations which equal or exceed three
tons per year on a 12 consecutive month
rolling basis.
As specified in the CTG, cleaning
solvent must not exceed a VOC content
limit of 0.42 pounds VOC/gallon.
However, the CTG also references the
solvent cleaning requirements in the
SCAQMD solvent cleaning rules. As a
result of SCAQMD limits that were in
place at the time that EPA’s CTG was
issued, Wisconsin has adopted 4.2
pounds VOC/gallon limits for repair or
maintenance cleaning and cleaning of
ink application equipment. In lieu of
complying with these VOC content
limits, an alternative limit of 8 mm Hg
is also consistent with the CTG.
Wisconsin has included several
cleaning device and method
requirements as well as storage and
disposal requirements from the
SCAQMD’s Rule 1171. Wisconsin’s rule
also has adequate recordkeeping
requirements. The additions to
Wisconsin’s screen printing rule are
therefore approvable.
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NR 422.15 Miscellaneous Metal Parts
and Products
This section has been amended to
include the cleaning material work
practices in EPA’s 2008 CTG for
Miscellaneous Metals and Plastic Parts
Coating. These work practices include
storing all VOC-containing cleaning
materials and shop towels used for
cleaning in closed containers and
minimizing emissions of VOC during
cleaning of coating application, storage,
mixing, and conveying equipment by
ensuring that cleaning is performed
without atomizing any VOC-containing
cleaning material and that the used
material is captured and contained.
These work practices satisfy
Wisconsin’s requirement to have
acceptable cleaning solvent
requirements for miscellaneous metal
parts and products coating operations
and are approvable.
NR 422.15 Fire Truck and Emergency
Response Vehicle Manufacturing
This section (a subset of
miscellaneous metals) has been
amended to include the cleaning
material work practices in EPA’s 2008
CTG for Miscellaneous Metals and
Plastic Parts Coating. These work
practices include storing all VOCcontaining cleaning materials and shop
towels used for cleaning in closed
containers and minimizing emissions of
VOC during cleaning of coating
application, storage, mixing, and
conveying equipment by ensuring that
cleaning is performed without
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atomizing any VOC-containing cleaning
material and that the used material is
captured and contained. These work
practices satisfy Wisconsin’s
requirement to have acceptable cleaning
solvent requirements for miscellaneous
metal parts and products coating
operations and are approvable.
NR 423—Control of Organic Compound
Emissions From Solvent Cleaning
Operations
NR 423.02—Definitions
Wisconsin has added definitions of
‘‘Flexible magnetic data storage disc’’
and ‘‘Rigid magnetic data storage disc’’
because these terms are used in its
industrial cleaning operations rule.
These terms are accurately defined and
are therefore approvable.
NR 423.037 Industrial Cleaning
Operations—Part 2
Wisconsin has added an industrial
solvent cleaning rule to incorporate the
industrial solvent cleaning
requirements, from the industrial
solvent cleaning CTG, for those source
categories whose rules do not contain
such solvent cleaning requirements.
These requirements apply to any such
facility having actual VOC emissions
from industrial cleaning operations
which equal or exceed three tons per
year on a 12 consecutive month rolling
basis.
As specified in the CTG, cleaning
solvents must not exceed a VOC content
limit of 0.42 pounds VOC/gallon as well
as several specialty cleaning limits
based on limits in SCAQMD’s Rule 1171
that were in place at the time that EPA’s
CTG was issued. In lieu of complying
with these VOC content limits, an
alternative limit of 8 mm Hg is also
consistent with the CTG.
Wisconsin has included several
cleaning device and method
requirements as well as storage, disposal
and transport requirements from the
SCAQMD’s Rule 1171. Wisconsin’s rule
also has adequate recordkeeping
requirements. The additions to
Wisconsin’s graphic arts rule are
therefore approvable.
NR 439 Reporting, Recordkeeping,
Testing, Inspection and Determination
of Compliance Requirements
NR 439.04 Recordkeeping
Wisconsin amended its recordkeeping
requirements for exempt sources (in NR
439.04(4)) to include the VOC emissions
from cleaning operations, when
necessary, in addition to the VOC
emissions from coating or printing lines.
Wisconsin also added a requirement
that the maximum theoretical emissions
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10429
be determined from the dryer of each
heatset web lithographic or letterpress
printing press. A requirement for
detailed records of solvent use in
solvent cleaning activities was also
added.
Wisconsin added monitoring and
recordkeeping requirements (in NR
439.04(6)) for when add-on control
equipment is used to comply with
solvent cleaning requirements.
The recordkeeping requirements in
NR 439.04, as amended, along with the
recordkeeping requirements in the
coating and printing rules in NR 422
adequately establish the applicability
and compliance requirements of the
rules and are therefore approvable.
NR 484—Incorporation by Reference
Wisconsin has also updated its
Incorporation by Reference Chapter,
including CFR appendices, National
Technical Information Service, other
government organizations, the American
Society for Testing and Materials and
other private organizations.
V. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
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safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Act; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–4171 Filed 2–21–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0140; FRL–9634–5]
Revision to the South Coast Air Quality
Management District Portion of the
California State Implementation Plan,
South Coast Rule 1315
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision for the South Coast Air Quality
Management District (District) portion
of the California SIP. This SIP revision
proposes to incorporate Rule 1315—
Federal New Source Review Tracking
System—into the District’s SIP
approved New Source Review (NSR)
program to establish the procedures for
demonstrating equivalency with Federal
offset requirements by specifying how
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SUMMARY:
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the District will track debits and credits
in its Offset Accounts for Federal NSR
Equivalency for specific Federal
nonattainment pollutants and their
precursors. The District’s SIP approved
NSR program contained in Regulation
XIII allows the District to exempt certain
sources from obtaining offsetting
emission reductions on the open market
and for the District to provide offsets for
designated sources that qualify, such as
essential public services. EPA’s
proposal to approve this SIP revision is
based on finding that Rule 1315
provides an adequate system to
demonstrate on an on-going basis that
an equivalent amount of offsets are
being provided pursuant to this rule as
would otherwise be required by the
Clean Air Act (CAA) and that the
emission reductions the District is
crediting and debiting in its Offset
Accounts meet the requirements of the
CAA and can be used to provide the
offsets otherwise required for Federal
major sources and modifications.
DATES: Comments on this Notice of
Proposed Rulemaking (NPR) must be
submitted no later than March 23, 2012.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2012–0140, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: r9airpermits@epa.gov.
3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments 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
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. 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.
Docket: The index to the docket for
this action is available electronically at
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www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While EPA
generally lists the documents in the
docket in the index, some information
may not be specifically listed as a line
item in the index or may be publicly
available only at the hard copy location
(e.g., voluminous records, copyrighted
material), and some may not be publicly
available in either location (e.g., CBI).
To inspect the hard copy materials,
please schedule an appointment during
normal business hours with the contact
listed in the FOR FURTHER INFORMATION
CONTACT section. The hard copy
materials constitute the docket.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region IX, (415)
972–3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we’’, ‘‘us’’,
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. Evaluation of SIP Revision
A. What is in the SIP revision?
B. What are the Federal Clean Air Act
requirements?
C. How does the SIP revision comply with
the Federal integrity criteria and
demonstrate equivalency?
D. Do Rule 1315’s offsets comply with the
EPA’s base year requirements?
E. CAA Section 110(l)
F. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. Background
EPA allows and encourages local
authorities to tailor SIP programs,
including new source review permitting
programs, to account for that
community’s particular needs provided
that the SIP is not less stringent than the
Act’s requirements. See generally CAA
Section 116, 42 U.S.C. 7416; Train v.
Natural Res. Defense Council, 421 U.S.
60, 79 (1975); Union Electric Co. v. EPA,
427 U.S. 246, 250 (1976). The District’s
nonattainment permitting rules
contained in District Regulation XIII
went through numerous public
workshops and stakeholder meetings
prior to adoption in December 1995.
The California Air Resources Board
(CARB) submitted Regulation XIII along
with supporting regulations and
documents to EPA Region 9 on August
28, 1996. On December 4, 1996, EPA
Region 9 published a direct final
approval of Regulation XIII in the
Federal Register. 61 FR 64291
(December 4, 1996) (Codified at 40 CFR
52.220(c)(240)(i)(1)).
When EPA approved Regulation XIII,
we noted that Rule 1304 exempted
certain major sources from obtaining
offsets and Rule 1309.1 allowed the
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]]>Agencies
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Proposed Rules]
[Pages 10424-10430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4171]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0695; FRL-9635-3]
Approval and Promulgation of Implementation Plans; Wisconsin;
Volatile Organic Compound Emission Control Measures for Milwaukee and
Sheboygan Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On September 1, 2009, November 16, 2011, and January 26, 2012,
the Wisconsin Department of Natural Resources (WDNR) submitted several
volatile organic compound (VOC) rules for approval into its State
Implementation Plan (SIP). The purpose of these rules is to satisfy the
Clean Air Act's (the Act) requirement that states revise their SIPs to
include reasonably available control technology (RACT) for sources of
VOC emissions in moderate ozone nonattainment areas. Wisconsin's VOC
rules provide RACT requirements for the Milwaukee-Racine and Sheboygan
8-hour ozone nonattainment areas. These rules are approvable because
they are consistent with the Control Technique Guideline (CTG)
documents issued by EPA in 2006 and 2007 and satisfy the RACT
requirements of the Act.
DATES: Comments must be received on or before March 23, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0695, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: aburano.douglas@epa.gov.
Fax: (312) 408-2279.
Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Douglas Aburano, Chief, Attainment Planning
and Maintenance Section (AR-18J), U.S. Environmental Protection Agency,
77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's 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-
2009-0695. 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 email. 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 email comment
directly to EPA without going through www.regulations.gov your email
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 this document.
Docket: All documents in the docket are listed in the
www.regulations.gov
[[Page 10425]]
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 AM
to 4:30 PM, Monday through Friday, excluding federal holidays. We
recommend that you telephone Steven Rosenthal at (312) 886-6052 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment Planning & Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052,
rosenthal.steven@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. What should I consider as I prepare my comments for EPA?
II. What action is EPA taking today?
III. What is the purpose of this action?
IV. What is EPA's analysis of Wisconsin's submitted VOC rules?
V. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What action is EPA taking today?
EPA is proposing to approve into the Wisconsin SIP several new and
revised VOC rules which set out RACT requirements for categories of VOC
sources in two ozone nonattainment areas. These rules correspond to and
are consistent with the source categories and control recommendations
in the CTGs issued by EPA in 2006 and 2007, as well as EPA RACT
guidance for earlier CTGs and source categories not covered by a CTG.
Wisconsin adopted new or revised rules for industrial cleaning
solvents, flat wood paneling coatings, flexible packaging printing
materials, lithographic printing materials, letterpress printing
materials, paper, film and foil coatings, metal furniture coatings,
large appliance coatings, industrial wastewater collection and
treatment operations, and reactor processes and distillation operations
in the synthetic organic chemical manufacturing industry (SOCMI).
III. What is the purpose of this action?
The primary purpose of these rules is to satisfy the requirement in
section 182(b) of the Act that VOC RACT rules be adopted in
nonattainment areas for the source categories covered by the CTG
documents issued by EPA in 2006 and 2007. These rule revisions also
include previously required SOCMI air oxidation, distillation and
reactor regulations as well as an industrial wastewater rule that is
required because industrial wastewater is a major non-CTG category for
which RACT rules are required. The Milwaukee-Racine and Sheboygan 8-
hour ozone nonattainment areas are classified as moderate nonattainment
for the 8-hour ozone national ambient air quality standard. See 40 CFR
81.31 and 81.314. According to EPA policy, Wisconsin does not need to
adopt rules for the source categories covered by the CTGs issued on
September 30, 2008, because it submitted a complete 8-hour ozone
redesignation request (on September 11, 2009) before September 30,
2009, the date upon which rules consistent with these CTGs were
required (according to section 182(b)) to be adopted and submitted as
SIP revisions.
Section 182(b)(2) of the Act requires that, for areas classified as
moderate or above for ozone nonattainment, states must revise their
SIPs to adopt RACT requirements for VOC sources that are covered by
CTGs. RACT is defined as the lowest emissions limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility (44 FR 53762; September 17, 1979). CTGs are
documents issued by EPA to provide states with the EPA's recommendation
on how to control the emissions of VOC from a specific type of product
or source category in an ozone nonattainment area. A CTG provides
information on determining RACT for a source category, including
recommendations on control options and enforcement provisions for the
category.
IV. What is EPA's analysis of Wisconsin's submitted VOC rules?
EPA has reviewed Wisconsin's new and revised VOC rules for the
source categories covered by the 2006 and 2007 CTGs, as well as
corrections to rules that were required to be submitted to EPA on
September 15, 2006, and proposes to find that these rules are
consistent with the control measures, definitions, recordkeeping and
test methods in these CTGs and applicable EPA RACT guidance at
www.epa.gov/ttn/naaqs/ozone/ozonetech/#ref. Therefore EPA is proposing
to approve these rules as meeting the RACT requirements in the Act. A
brief discussion of these rules follows.
NR 400.02 (54m)--Definitions
A reference to digital printing has been added to Wisconsin's
printing regulations. This definition of ``digital printing'' is
approvable because it is a necessary update to the definition and
accurately describes digital printing.
NR 419.045--Industrial Wastewater Operations
This new rule applies to sources that have potential VOC emissions
greater than or equal to 100 tons per year from industrial wastewater
operations and any other non-CTG source category without a final CTG,
such as batch operations. The VOC emissions from industrial wastewater
collection and treatment processes evaporate from the waste stream when
exposed to the ambient air. Consequently, the VOC RACT requirements
consist of implementing technologies and work practice standards that
combine to substantially suppress the exposure of the VOC-laden waste
stream to the ambient air. More specifically, the requirements include:
(1) Oil-water separators must be provided with either a floating
cover
[[Page 10426]]
equipped with seals or a fixed cover, equipped with a closed vent
system vented to a pollution control device;
(2) Each surface impoundment must: (1) Be equipped with a cover or
closed vent system which routs the VOCs to a control device or (2) be
equipped with a floating flexible membrane cover;
(3) All process drains must be equipped with (1) a water seal or a
tightly fitting cap or plug or (2) a cover, and if the cover is vented,
the vapors must be routed to a process or through a closed vent system
to a control device; and
(4) All junction boxes must be equipped with a tightly fitting
solid cover or vented to a process or to a control device.
Also, several definitions have been added to NR 419.02 to clarify
the requirements in NR 419.045. These definitions are approvable
because they are necessary for implementation of the wastewater rule
and they accurately describe the terms that are being defined.
This rule is based on and is consistent with EPA's 1992 draft CTG
``Control of VOC Emissions from Industrial Wastewater'' and EPA's 1994
``Industrial Wastewater Act.''
NR 420.02 (31)--The definition of ``Reid vapor pressure'' was
amended to refer to the appropriate ASTM method.
NR 421--Control of Organic Emissions From Chemical, Coatings, and
Rubber Products Manufacturing
As discussed previously, Wisconsin is required to develop
industrial cleaning solvent regulations consistent with EPA's 2006
Industrial Cleaning Solvent CTG. Some of these cleaning solvent
requirements are contained within source category specific rules and
some are contained within a general cleaning solvent regulation (NR
423.037).
Wisconsin has adopted similar cleaning solvent requirements for
synthetic resin manufacturing (NR 421.05) and coatings manufacturing
(NR 421.06). These requirements are based on the (California) Bay Area
Air Quality Management District's rules, which are referenced in EPA's
CTG. These requirements apply to cleaning mixing vats, high dispersion
mills, grinding mills, tote tanks and roller mills and consist of four
options: (1) The solvent or solvent solution used must either contain
less than 1.67 pounds VOC per gallon or have a VOC composite partial
vapor pressure of less than or equal to 8 millimeters (mm) of mercury
(Hg) and the solvent or solvent solution must be collected and stored
in closed containers, or (2) several work practices must be
implemented, including storing all VOC-containing cleaning materials in
closed containers, or (3) the emissions from equipment cleaning must be
collected and vented to an emission control system with an overall
control efficiency of 80 percent or more on a mass basis, or (4) no
more than 60 gallons of virgin solvent per month may be used. In
addition, the owner or operator of a facility engaged in wipe cleaning
may not use open containers for the storage of solvent or solvent
solution used for cleaning or for the storage or disposal of any
material impregnated with solvent or solvent solution used for
cleaning. Records of the volume of virgin solvent used per month, VOC
content in pounds of VOC per gallon or VOC composite pressure are
required, if applicable to the option chosen for achieving compliance.
In addition, accurate definitions of ``tote tank'' and ``wipe
cleaning'' have been added to properly implement these rules.
These cleaning solvent requirements are therefore approvable
because they are consistent with EPA guidance and require adequate
recordkeeping.
Wisconsin has also adopted SOCMI air oxidation, distillation and
reactor regulations in NR 421.07. NR 421.07(1)(a)(intro) specifies that
these SOCMI requirements apply to any facility that is located in the
Milwaukee-Racine and Sheboygan areas that operates a SOCMI air
oxidation unit, distillation operation, or reactor process, as those
activities are defined in NR 440.675(2)(c), 440.686(2)(e) and
440.705(2)(o), respectively, to produce any chemical as a product,
coproduct, byproduct or intermediate that is listed in the CTGs for
these categories.
Affected facilities must comply with subsections (a), (b), or (c),
from NR 440.675(3), NR 440.686(3), and NR 440.705(3) for each vent
stream.
(a) Reduce emissions of total organic compounds (TOC) (minus
methane and ethane) by 98 weight-percent or to a TOC (minus methane and
ethane) concentration of 20 parts per million by volume (ppmv) on a dry
basis corrected to 3% oxygen, whichever is less stringent. If a boiler
or process heater is used to comply with this paragraph, then the vent
stream shall be introduced into the flame zone of the boiler or process
heater; or
(b) Combust the emissions in a flare that complies with the flare
requirements in EPA's new source performance standards; or
(c) Maintain a total resource effectiveness (TRE) index value
greater than 1.0 without use of VOC emission control devices. TRE is a
measure of the supplemental total resource requirement (or cost-
effectiveness) per unit reduction of TOC associated with an individual
vent stream, based on vent stream flow rate, emission rate of TOC, net
heating value and corrosion properties, whether or not the vent stream
is halogenated.
Wisconsin's SOCMI applicability criteria and control requirements
are consistent with EPA's CTGs and are therefore approvable.
NR 422--Control of Organic Compound Emissions From Surface Coating,
Printing and Asphalt Surfacing Operations
NR 422.02--Definitions--Wisconsin has added several definitions
that are needed to properly implement its coating and printing rules.
These definitions are necessary and accurate and are therefore
approvable.
NR 422.05--Can Coating
Wisconsin has amended its can coating rules to incorporate the
industrial solvent cleaning requirements from the industrial solvent
cleaning CTG. These requirements apply to any can coating facility with
VOC emissions from all industrial cleaning operations which equal or
exceed three tons per year on a 12 consecutive month rolling basis.
With the exception of cleaning of heptane-containing end sealant
application equipment lines (at 5.8 pounds VOC/gallon) and cleaning of
metal can identification ink application equipment (at 7.4 pounds VOC/
gallon), cleaning solvent must not exceed a VOC content limit of 0.42
pounds VOC/gallon, as specified in the CTG. Based upon information
submitted by the Can Manufacturers Institute, EPA agrees that the
higher limits represent RACT. In lieu of complying with these VOC
content limits, an alternative limit of 8 mm Hg (and 10 mm Hg for
heptane-containing end sealant application equipment lines) is
consistent with the CTG.
The CTG also references the solvent cleaning requirements in the
South Coast Air Quality Management District's (SCAQMD)--in the Los
Angeles area--solvent cleaning rules. These rules are therefore
considered to satisfy RACT. Wisconsin has included several cleaning
device and method requirements as well as storage, disposal and
transport requirements from the SCAQMD's Rule 1171. Wisconsin's rule
also has adequate recordkeeping requirements. The additions to
Wisconsin's can coating rule are therefore approvable.
[[Page 10427]]
NR 422.06--Coil Coating
Wisconsin has amended its coil coating rules to incorporate the
industrial solvent cleaning requirements from the industrial solvent
cleaning CTG. These requirements apply to any coil coating facility
with VOC emissions from all industrial cleaning operations which equal
or exceed three tons per year on a 12 consecutive month rolling basis.
As specified in the CTG, cleaning solvent must not exceed a VOC
content limit of 0.42 pounds VOC/gallon. In lieu of complying with this
VOC content limit, an alternative limit of 8 mm Hg is also consistent
with the CTG.
The CTG also references the solvent cleaning requirements in the
SCAQMD solvent cleaning rules. Wisconsin has included several cleaning
device and method requirements as well as storage, disposal and
transport requirements from the SCAQMD's Rule 1171. Wisconsin's rule
also has adequate recordkeeping requirements. The additions to
Wisconsin's coil coating rule are therefore approvable.
NR 422.075--Paper Coating--Part 2
This section has been added to be consistent with EPA's 2007 CTG
for Paper, Film, and Foil Coatings. Wisconsin's VOC content limits are
0.20 pounds VOC/pound of solids applied for pressure sensitive tape and
label surface coatings, and 0.40 pounds VOC/pound solids applied for
all other paper coatings, which are consistent with the CTG. When
compliance is achieved by the use of add-on control, the required
overall control efficiency of 90 percent is also consistent with the
CTG. Wisconsin's paper coating rule also contains work practices to
minimize VOC emissions from mixing operations, storage tanks, and other
containers, and handling operations for coatings, thinners, cleaning
materials and waste materials. The requirements in this section are
approvable because they are consistent with the subject CTG.
NR 422.08--Fabric and Vinyl Coating
Wisconsin has amended its fabric and vinyl coating rules to
incorporate the industrial solvent cleaning requirements from the
industrial solvent cleaning CTG. These requirements apply to any fabric
and vinyl coating facility with VOC emissions from all industrial
cleaning operations which equal or exceed three tons per year on a 12
consecutive month rolling basis.
As specified in the CTG, cleaning solvent must not exceed a VOC
content limit of 0.42 pounds VOC/gallon. In lieu of complying with this
VOC content limit, an alternative limit of 8 mm Hg is also consistent
with the CTG.
The CTG also references the solvent cleaning requirements in the
SCAQMD solvent cleaning rules. Wisconsin has included several cleaning
device and method requirements as well as storage, disposal and
transport requirements from the SCAQMD's Rule 1171. Wisconsin's rule
also has adequate recordkeeping requirements. The additions to
Wisconsin's fabric and vinyl coating rule are therefore approvable.
NR 422.083--Plastic Parts Coating
This section has been amended to include the cleaning material work
practices in EPA's 2008 CTG for Miscellaneous Metals and Plastic Parts
Coating. These work practices include storing all VOC-containing
cleaning materials and shop towels used for cleaning in closed
containers and minimizing emissions of VOC during cleaning of coating
application, storage, mixing, and conveying equipment by ensuring that
cleaning is performed without atomizing any VOC-containing cleaning
material and that the used material is captured and contained. These
work practices satisfy Wisconsin's requirement to have acceptable
cleaning solvent requirements for plastic parts coating operations and
are approvable.
NR 422.09--Automobile and Light-Duty Truck Manufacturing
This section has been amended to include the cleaning material work
practices in EPA's 2008 CTG for Automobile and Light-Duty Truck
Assembly Coatings. A subject facility must develop and implement a work
practice plan to minimize VOC emissions from cleaning and purging of
equipment associated with all coating operations. This plan must
specify practices and procedures for vehicle body wiping, coating line
purging, flushing of coating systems, cleaning of spray booth grates,
walls and equipment as well as external spray booth areas. These work
practices satisfy Wisconsin's requirement to have acceptable cleaning
solvent requirements for automobile and light-duty truck assembly
coatings operations and are approvable.
NR 422.095--Automobile Refinishing Operations
Wisconsin has amended its automobile refinishing operations rules
to incorporate the industrial solvent cleaning requirements from the
industrial solvent cleaning CTG. These requirements apply to any
automobile refinishing facility with VOC emissions from all industrial
cleaning operations which equal or exceed three tons per year on a 12
consecutive month rolling basis.
As specified in the CTG, cleaning solvent must not exceed a VOC
content limit of 0.42 pounds VOC/gallon. In lieu of complying with this
VOC content limit, an alternative limit of 8 mm Hg is also consistent
with the CTG.
The CTG also references the solvent cleaning requirements in the
SCAQMD solvent cleaning rules. Wisconsin has included several cleaning
device and method requirements as well as storage, disposal and
transport requirements from the SCAQMD's Rule 1171. Wisconsin's rule
also has adequate recordkeeping requirements. The additions to
Wisconsin's automobile refinishing rule are therefore approvable.
NR 422.105 Furniture Metal Coatings--Part 2
This section has been added to be consistent with EPA's 2007 CTG
for Metal Furniture Coatings. Wisconsin's VOC content limits, e.g. 2.3
pounds VOC/gallon for general, one component coatings, are consistent
with the CTG. When compliance is achieved by the use of add-on control,
the required overall control efficiency of 90 percent is also
consistent with the CTG. Wisconsin's metal furniture coating rule also
contains work practices to minimize VOC emissions from mixing
operations, storage tanks, and other containers, and handling
operations for coatings, thinners, cleaning materials and waste
materials. The requirements in this section are approvable because they
are consistent with the subject CTG.
NR 422.115 Surface Coating of Large Appliance--Part 2
This section has been added to be consistent with EPA's 2007 CTG
for Large Appliance Coatings. Wisconsin's VOC content limits, e.g. 2.3
pounds VOC/gallon for general, one component coatings, are consistent
with the CTG. When compliance is achieved by the use of add-on control,
the required overall control efficiency of 90 percent is also
consistent with the CTG. Wisconsin's large appliance coating rule also
contains work practices to minimize VOC emissions from mixing
operations, storage tanks, and other containers, and handling
operations for coatings, thinners, cleaning materials and waste
materials. The requirements in this section are approvable because they
are consistent with the subject CTG.
[[Page 10428]]
NR 422.125 Wood Furniture Coating
Wisconsin's wood furniture coating rule has been amended to include
cleaning material work practices that are consistent with EPA's 1996
CTG for the Control of VOC Emissions from Wood Furniture Manufacturing
Operations. The 25 tons per year potential applicability cutoff has
been revised to include the emissions from any related cleaning
activities. These cleaning material work practices include storing VOC
containing materials in closed containers, collecting all VOC-
containing cleaning material used to clean spray guns and spray gun
lines in a container and keeping the container covered except when
adding or removing material, controlling emissions of VOC containing
material from washoff operations and using strippable spray booth
materials containing no more than 0.8 pounds of VOC per pound of
solids. These work practices are consistent with the wood furniture CTG
and are approvable.
NR 422.127 Use of Adhesives
Wisconsin's adhesives rule has been amended to include cleaning
material work practices that are consistent with EPA's 2008 CTG for
Miscellaneous Industrial Adhesives. These work practices include
storing all VOC-containing cleaning materials in closed containers and
minimizing emissions of VOC during cleaning of coating application,
storage, mixing, and conveying equipment by ensuring that cleaning is
performed without atomizing any VOC containing cleaning material and
that the used material is captured and contained. An applicability
cutoff of three tons on a 12 consecutive month rolling basis has also
been added. These work practices are consistent with the miscellaneous
industrial adhesives CTG and are approvable.
NR 422.131 Flat Wood Panel Coating--Part 2
This section has been added to be consistent with EPA's 2006 CTG
for Flat Wood Paneling Coatings. Wisconsin's VOC content limit is 2.1
pounds VOC/gallon, which is consistent with the CTG. When compliance is
achieved by the use of add-on control, the required overall control
efficiency of 90 percent is also consistent with the CTG. Wisconsin's
flat wood paneling rule also contains work practices to minimize VOC
emissions from mixing operations, storage tanks, and other containers,
and handling operations for coatings, thinners, cleaning materials and
waste materials. The requirements in this section are approvable
because they are consistent with the subject CTG.
NR 422.14 Graphic Arts
Wisconsin has amended its graphic arts rule to incorporate the
industrial solvent cleaning requirements from the industrial solvent
cleaning CTG. These requirements apply to any (non-flexible packaging)
graphic arts facility with VOC emissions from all industrial cleaning
operations which equal or exceed three tons per year on a 12
consecutive month rolling basis.
As specified in the CTG, cleaning solvent must not exceed a VOC
content limit of 0.42 pounds VOC/gallon--except for a 0.83 pounds VOC/
gallon limit for cleaning of publication rotogravure ink application
equipment and a 5.4 pounds VOC/gallon limit for cleaning of ultraviolet
ink application equipment. The latter two limits are based on the
SCAQMD's Rule 1171, discussed above. In lieu of complying with these
VOC content limits, an alternative limit of 8 mm Hg is also consistent
with the CTG. Wisconsin has included several cleaning device and method
requirements as well as storage, disposal and transport requirements
from the SCAQMD's Rule 1171. Wisconsin's rule also has adequate
recordkeeping requirements. The additions to Wisconsin's graphic arts
rule are therefore approvable.
NR 422.141--Flexible Package Printing
These regulations have been revised based on and are consistent
with EPA's 2006 CTG for Flexible Packaging Printing Materials. Subject
printing lines may comply by meeting limits of 0.8 pounds VOC per pound
of solids applied or 0.16 pounds VOC per pound of ink and coatings
applied. Alternatively, compliance can be achieved by the use of add-on
control achieving an overall reduction in VOM emissions ranging from 65
percent to 80 percent, depending upon when the printing line and
control device were constructed. Work practices to reduce emissions
from the use of VOM containing cleaning materials are also required.
These work practices require that solvents used in cleaning operations
be stored in covered containers and that VOC-containing cleaning
material be conveyed in closed containers or pipes. The requirements in
this section are approvable because they are consistent with the
subject CTG.
NR 422.143 Lithographic Printing--Part 2
These regulations are based on and are consistent with EPA's 2006
CTG for Lithographic Printing. The control requirements for cleaning
materials and fountain solutions apply if the combined emissions of VOC
exceed three tons on a 12 consecutive month rolling basis. The add-on
control requirements for heatset web offset printing operations apply
if the potential emissions of VOC from a lithographic press dryer equal
or exceed 25 tons per year. The fountain solution is subject to a
percent VOC limit, based upon the temperature and whether or not the
fountain solution contains alcohol. The cleaning materials (blanket or
roller wash) must not exceed 30 percent by weight (nor equal or exceed
70 percent by weight for ultraviolet ink application equipment) VOC or
the VOC composite partial pressure must be less than or equal to 10 mm
Hg. An add-on control device on a subject heatset dryer must achieve a
90 percent or 95 percent reduction of VOC emissions, depending on the
installation date of the add-on control device, or alternatively can
comply by not exceeding an outlet concentration of 20 ppmv, as carbon.
Recordkeeping requirements are also specified to establish compliance
with the applicable limits. The requirements in this section are
approvable because they are consistent with the subject CTG.
NR 422.144 Letterpress Printing
These regulations are based on and are consistent with EPA's 2006
CTG for Letterpress Printing. The control requirements for cleaning
materials apply if the combined emissions of VOC exceed three tons on a
12 consecutive month rolling basis. The add-on control requirements for
heatset web letterpress printing operations apply if the potential
emissions of VOC from a lithographic press dryer equal or exceed 25
tons per year. The cleaning materials (blanket or roller wash) must not
equal or exceed 70 percent by weight VOC or the VOC composite partial
pressure must be less than 10 mm Hg. An add-on control device on a
subject heatset dryer must achieve a 90 percent or 95 percent reduction
of VOM emissions, depending on the installation date of the add-on
control device. Recordkeeping requirements are also specified to
establish compliance with the applicable limits. The requirements in
this section are approvable because they are consistent with the
subject CTG.
NR 422.145 Screen Printing
Wisconsin has amended its screen printing rules to incorporate the
industrial solvent cleaning requirements in the CTG for Industrial
Cleaning Solvents. These requirements apply to any screen printing
facility with VOC
[[Page 10429]]
emissions from all industrial cleaning operations which equal or exceed
three tons per year on a 12 consecutive month rolling basis.
As specified in the CTG, cleaning solvent must not exceed a VOC
content limit of 0.42 pounds VOC/gallon. However, the CTG also
references the solvent cleaning requirements in the SCAQMD solvent
cleaning rules. As a result of SCAQMD limits that were in place at the
time that EPA's CTG was issued, Wisconsin has adopted 4.2 pounds VOC/
gallon limits for repair or maintenance cleaning and cleaning of ink
application equipment. In lieu of complying with these VOC content
limits, an alternative limit of 8 mm Hg is also consistent with the
CTG.
Wisconsin has included several cleaning device and method
requirements as well as storage and disposal requirements from the
SCAQMD's Rule 1171. Wisconsin's rule also has adequate recordkeeping
requirements. The additions to Wisconsin's screen printing rule are
therefore approvable.
NR 422.15 Miscellaneous Metal Parts and Products
This section has been amended to include the cleaning material work
practices in EPA's 2008 CTG for Miscellaneous Metals and Plastic Parts
Coating. These work practices include storing all VOC-containing
cleaning materials and shop towels used for cleaning in closed
containers and minimizing emissions of VOC during cleaning of coating
application, storage, mixing, and conveying equipment by ensuring that
cleaning is performed without atomizing any VOC-containing cleaning
material and that the used material is captured and contained. These
work practices satisfy Wisconsin's requirement to have acceptable
cleaning solvent requirements for miscellaneous metal parts and
products coating operations and are approvable.
NR 422.15 Fire Truck and Emergency Response Vehicle Manufacturing
This section (a subset of miscellaneous metals) has been amended to
include the cleaning material work practices in EPA's 2008 CTG for
Miscellaneous Metals and Plastic Parts Coating. These work practices
include storing all VOC-containing cleaning materials and shop towels
used for cleaning in closed containers and minimizing emissions of VOC
during cleaning of coating application, storage, mixing, and conveying
equipment by ensuring that cleaning is performed without atomizing any
VOC-containing cleaning material and that the used material is captured
and contained. These work practices satisfy Wisconsin's requirement to
have acceptable cleaning solvent requirements for miscellaneous metal
parts and products coating operations and are approvable.
NR 423--Control of Organic Compound Emissions From Solvent Cleaning
Operations
NR 423.02--Definitions
Wisconsin has added definitions of ``Flexible magnetic data storage
disc'' and ``Rigid magnetic data storage disc'' because these terms are
used in its industrial cleaning operations rule. These terms are
accurately defined and are therefore approvable.
NR 423.037 Industrial Cleaning Operations--Part 2
Wisconsin has added an industrial solvent cleaning rule to
incorporate the industrial solvent cleaning requirements, from the
industrial solvent cleaning CTG, for those source categories whose
rules do not contain such solvent cleaning requirements. These
requirements apply to any such facility having actual VOC emissions
from industrial cleaning operations which equal or exceed three tons
per year on a 12 consecutive month rolling basis.
As specified in the CTG, cleaning solvents must not exceed a VOC
content limit of 0.42 pounds VOC/gallon as well as several specialty
cleaning limits based on limits in SCAQMD's Rule 1171 that were in
place at the time that EPA's CTG was issued. In lieu of complying with
these VOC content limits, an alternative limit of 8 mm Hg is also
consistent with the CTG.
Wisconsin has included several cleaning device and method
requirements as well as storage, disposal and transport requirements
from the SCAQMD's Rule 1171. Wisconsin's rule also has adequate
recordkeeping requirements. The additions to Wisconsin's graphic arts
rule are therefore approvable.
NR 439 Reporting, Recordkeeping, Testing, Inspection and Determination
of Compliance Requirements
NR 439.04 Recordkeeping
Wisconsin amended its recordkeeping requirements for exempt sources
(in NR 439.04(4)) to include the VOC emissions from cleaning
operations, when necessary, in addition to the VOC emissions from
coating or printing lines. Wisconsin also added a requirement that the
maximum theoretical emissions be determined from the dryer of each
heatset web lithographic or letterpress printing press. A requirement
for detailed records of solvent use in solvent cleaning activities was
also added.
Wisconsin added monitoring and recordkeeping requirements (in NR
439.04(6)) for when add-on control equipment is used to comply with
solvent cleaning requirements.
The recordkeeping requirements in NR 439.04, as amended, along with
the recordkeeping requirements in the coating and printing rules in NR
422 adequately establish the applicability and compliance requirements
of the rules and are therefore approvable.
NR 484--Incorporation by Reference
Wisconsin has also updated its Incorporation by Reference Chapter,
including CFR appendices, National Technical Information Service, other
government organizations, the American Society for Testing and
Materials and other private organizations.
V. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or
[[Page 10430]]
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-4171 Filed 2-21-12; 8:45 am]
BILLING CODE 6560-50-P
