Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor Recovery Regulations, 24267-24269 [2018-11313]
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Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0279; FRL–9978–
64—Region 5]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; VOC Definition Update and
Removal of Obsolete Gasoline Vapor
Recovery Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
SUMMARY: EPA is proposing to approve
a request submitted by the Wisconsin
Department of Natural Resources
(WDNR) on May 16, 2017, to revise the
Wisconsin State Implementation Plan
(SIP). The submission includes
amendments to the Wisconsin
Administrative Code updating the
definition of ‘‘volatile organic
compound (VOC)’’ to add eight
compounds to the list of exempted
compounds. These revisions are based
on EPA rulemakings in 2012, 2013, and
2014, which added these compounds to
the list of chemical compounds that are
excluded from the Federal definition of
VOC because, in their intended used,
they make negligible contributions to
tropospheric ozone formation. In
addition, WDNR is also requesting to
withdraw several previously approved
provisions of the Wisconsin
Administrative Code from the SIP
concerning the State’s Stage II vapor
recovery (Stage II) program that
terminated in 2012. EPA approved the
removal of the Stage II program as a
component of the Wisconsin SIP in
2013, including the approval of a
demonstration under section 110(l) of
the Clean Air Act (CAA) that addressed
emissions impacts associated with the
removal of the program.
DATES: Comments must be received on
or before June 25, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2017–0279 at https://
www.regulations.gov, or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
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submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6061,
acevedo.francisco@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 is the background for this action?
A. When did the State submit the SIP
revision to EPA?
B. Did Wisconsin hold public hearings on
this SIP revision?
II. What is EPA proposing to approve?
III. What is EPA’s analysis of the SIP
revision?
IV. What action is EPA proposing to take?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is the background for this
action?
A. When did the State submit the SIP
revision to EPA?
WDNR submitted to EPA a revision to
the Wisconsin SIP for approval on May
16, 2017. The SIP revision primarily
updates the definition of VOC at
Wisconsin Administrative Code Chapter
NR 400.02(162) and removes obsolete
State provisions concerning the State’s
Stage II program that terminated in 2012
in Southeast Wisconsin.
B. Did Wisconsin hold public hearings
on this SIP revision?
WDNR conducted a public hearing in
Madison, Wisconsin on November 5,
2015.
II. What is EPA proposing to approve?
EPA is proposing to approve a
Wisconsin SIP revision that updates the
definition of VOC at Wisconsin
Administrative Code Chapter NR
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24267
400.02(162) to add Trans-1,3,3,3tetrafluoropropene (HFO-1234ze),
HCF2OCF2H (HFE-134),
HCF2OCF2OCF2H (HFE-236cal2),
HCF2OCF2CF2OCF2H (HFE-338pcc13),
HCF2OCF2OCF2CF2OCF2H (H-Galaden
1040X or H-Galden ZT 130 (or 150 or
180), Trans-1-chloro-3,3,3-triflouroprop1-ene (SolsticeTM 1233zd(E)), 2,3,3,3tetraflouropropene (HFO-1234yf), and 2amino-2-methyl-1-propanol (AMP; CAS
number 124–68–5) to the list of
excluded compounds at NR 400.02(162).
Wisconsin took this action based on
EPA’s 2012, 2013, and 2014
rulemakings in which EPA determined
that these compounds have a negligible
contribution to tropospheric ozone
formation and thus should be excluded
from the definition of VOC codified at
40 CFR 51.100(s). See 77 FR 37610 (June
22, 2012); 78 FR 9823 (February 12,
2013); 78 FR 62451 (October 22, 2013);
78 FR 53029 (August 28, 2013); and 79
FR 18037 (March 27, 2014). This action
also proposes to approve minor
grammatical edits for clarity in NR
420.02(39), NR 420.03(4)(b)3, NR
420.04(1)(b)4, and NR 420.04(3)(c)1.
EPA is also proposing to approve the
withdrawal of several remaining
provisions from the Wisconsin SIP that
are related to the Stage II vapor recovery
program that was terminated by
Wisconsin in 2012. Wisconsin originally
submitted a SIP revision to EPA on
November 18, 1992, to satisfy the
requirement of section 182(b)(3) of the
CAA. The revision applied to the
counties of Kenosha, Kewanee,
Manitowoc, Milwaukee, Ozaukee,
Racine, Sheboygan, Washington and
Waukesha, and was incorporated into
the WDNR’s 1993–94 ozone 15%
Control Plan. EPA fully approved
Wisconsin’s Stage II program on August
13, 1993 (53 FR 43080), including the
program’s legal authority and
administrative requirements found in
Section 285.31 of the Wisconsin
Statutes and Chapter NR 420.045 of the
Wisconsin Administrative Code.
On November 12, 2012, WDNR
submitted a SIP revision requesting the
removal of Stage II requirements under
NR 420.045 of the Wisconsin
Administrative Code from the
Wisconsin SIP. To support the removal
of the Stage II requirements, the revision
included a section 110(l) demonstration
addressing the emissions impacts
associated with the removal of the
program. On November 4, 2013 (78 FR
65875), EPA approved the removal of
the Stage II requirements under NR
420.045 of the Wisconsin
Administrative Code from the
Wisconsin SIP. In this action EPA
proposes to approve the removal of the
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residual Stage II provisions that
remained in place after the program was
decommissioned. These provisions are
NR 420.02(8m), 420.02(26), 420.02(32),
420.02(38m), NR 425.035, NR
439.06(3)(i), NR 484.05(4), NR 484.05(5),
and NR 494.04.
III. What is EPA’s analysis of the SIP
revision?
In 2005, EPA received a petition
asking EPA to exempt HCF2 OCF2H
(HFE-134), HCF2OCF2OCF2H (HFE236cal2), HCF2OCF2CF2OCF2H (HFE338pcc13), and
HCF2OCF2OCF2CF2OCF2H (H-Galden
1040x or H-Galden ZT 130 (or 150 or
180)) from the definition of VOC. Based
on the level of reactivity of these
chemical compounds, EPA concluded
that these compounds make negligible
contributions to tropospheric ozone
formation (78 FR 9823, February 12,
2013). Therefore, on February 12, 2013,
EPA amended 40 CFR 51.100(s)(1) to
exclude these compounds from the
definition of VOC for purposes of
preparing SIPs to attain the national
ambient air quality standard for ozone
under title I of the CAA (78 FR 9823).
EPA’s action became effective March 14,
2013. Wisconsin’s SIP revision is
consistent with EPA’s action amending
the definition of VOC at 40 CFR
51.100(s).
In 2009, EPA received a petition
asking EPA to exempt 2,3,3,3tetrafluoropropene (HFO-1234yf) from
the definition of VOC. Based on the
level of reactivity of this chemical
compound, EPA concluded that this
compound makes a negligible
contribution to tropospheric ozone
formation (78 FR 62451, October 22,
2013). Therefore, on October 22, 2013,
EPA amended 40 CFR 51.100(s)(1) to
exclude this compound from the
definition of VOC for purposes of
preparing SIPs to attain the national
ambient air quality standard for ozone
under title I of the CAA (78 FR 62451).
EPA’s action became effective
November 21, 2013. Wisconsin’s SIP
revision is consistent with EPA’s action
amending the definition of VOC at 40
CFR 51.100(s).
In 2009, EPA received a petition
asking EPA to exempt Trans-1,3,3,3tetrafluoropropene (HFO-1234ze) from
the definition of VOC. Based on the
level of reactivity of this chemical
compound, EPA concluded that this
compound makes a negligible
contribution to tropospheric ozone
formation (77 FR 37610, June 22, 2012).
Therefore, on June 22, 2012, EPA
amended 40 CFR 51.100(s)(1) to exclude
this compound from the definition of
VOC for purposes of preparing SIPs to
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attain the national ambient air quality
standard for ozone under title I of the
CAA (77 FR 37610). EPA’s action
became effective July 23, 2012.
Wisconsin’s SIP revision is consistent
with EPA’s action amending the
definition of VOC at 40 CFR 51.100(s).
In 2011, EPA received a petition
asking EPA to exempt Trans 1-chloro3,3,3-trifluoroprop-1-ene from the
definition of VOC. Based on the level of
reactivity of this chemical compound,
EPA concluded that this compound
makes a negligible contribution to
tropospheric ozone formation (78 FR
53029, August 28, 2013). Therefore, on
August 28, 2013, EPA amended 40 CFR
51.100(s)(1) to exclude this compound
from the definition of VOC for purposes
of preparing SIPs to attain the national
ambient air quality standard for ozone
under title I of the CAA (78 FR 53029).
EPA’s action became effective
September 27, 2013. Wisconsin’s SIP
revision is consistent with EPA’s action
amending the definition of VOC at 40
CFR 51.100(s).
In 2012, EPA received a petition
asking EPA to exempt 2-amino-2methyl-1-propanol (AMP; CAS number
124–68–5) from the definition of VOC.
Based on the level of reactivity of this
chemical compound, EPA concluded
that this compound makes a negligible
contribution to tropospheric ozone
formation (79 FR 18037, March 27,
2014). Therefore, on March 27, 2014,
EPA amended 40 CFR 51.100(s)(1) to
exclude this compound from the
definition of VOC for purposes of
preparing SIPs to attain the national
ambient air quality standard for ozone
under title I of the CAA (79 FR 17037).
EPA’s action became effective June 25,
2014. Wisconsin’s SIP revision is
consistent with EPA’s action amending
the definition of VOC at 40 CFR
51.100(s).
As stated above, EPA has determined
that the compounds outlined in
Wisconsin’s SIP revision all qualify as
negligibly reactive with respect to their
contribution to tropospheric ozone
formation. Although states are not
obligated to exclude from control as
VOCs those compounds that the EPA
has found to be negligibly reactive,
states may not take credit for controlling
these compounds in their ozone control
strategies.
In addition, the proposed approval of
changes in NR 420.02(39), NR
420.03(4)(b)3, NR 420.04(1)(b)4, and NR
420.04(3)(c)1 are administrative in
nature only, and do not have any
negative impact on air quality.
As discussed previously in this
action, WDNR submitted a SIP revision
on November 12, 2012, requesting the
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Fmt 4702
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removal of Stage II requirements under
NR 420.045 of the Wisconsin
Administrative Code from the
Wisconsin SIP. To support the removal
of the Stage II requirements, the revision
included a section 110(l) demonstration
addressing the emissions impacts
associated with the removal of the
program. On November 4, 2013 (78 FR
65875) EPA approved the removal of the
Stage II requirements from the
Wisconsin SIP. In this action EPA is
proposing to approve the removal of
residual Stage II provisions NR
420.02(8m), 420.02(26), 420.02(32),
420.02(38m), NR 425.035, NR
439.06(3)(i), NR 484.05(4), NR 484.05(5),
and NR 494.04, which remained in
place after the program was
decommissioned at the state level. The
removal of these provisions from the SIP
does not have any negative impact on
air quality in Southeast Wisconsin,
since the state addressed the overall
emissions impact resulting from the
2012 termination of the Stage II
program. See 78 FR 65875.
IV. What action is EPA proposing to
take?
EPA is proposing to approve the
revision to the Wisconsin SIP submitted
by WDNR on May 16, 2017, because the
revision is consistent with EPA’s prior
actions revising the definition of VOC.
In addition, the removal of remaining
Stage II program provisions from the SIP
meets all applicable requirements, and
it will not interfere with reasonable
further progress or attainment of any of
the national ambient air quality
standards.
V. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
revisions to Wisconsin Administrative
Code provisions NR 400.02(162), NR
420.02(39), NR 420.0 3(4)(b)3, NR
420.04(1)(b)4, and NR 420.04(3)(c)1,
published in the Wisconsin Register
#727 on July 25, 2016 and became
effective August 1, 2016. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov and at the EPA
Region 5 Office (please contact the
person identified in the For FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
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Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Proposed Rules
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 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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 SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
Dated: May 16, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018–11313 Filed 5–24–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180320301–8301–01]
RIN 0648–XG121
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
SUMMARY: NMFS proposes to implement
annual management measures and catch
limits for the northern subpopulation of
Pacific sardine (hereafter, Pacific
sardine), for the fishing year from July
1, 2018, through June 30, 2019. The
proposed action would prohibit directed
commercial fishing for Pacific sardine
off the coasts of Washington, Oregon,
and California, except in the live bait,
tribal, or minor directed fisheries, or as
incidental catch in other fisheries. The
incidental harvest of Pacific sardine
would initially be limited to 40-percent
by weight of all fish per trip when
caught with other CPS or up to 2 metric
tons (mt) when caught with non-CPS.
The proposed annual catch limit (ACL)
for the 2018–2019 Pacific sardine
fishing year is 7,000 mt. This proposed
rule is intended to conserve and manage
the Pacific sardine stock off the U.S.
West Coast.
DATES: Comments must be received by
June 11, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0044, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180044, click the ‘‘Comment Now!’’ icon,
PO 00000
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24269
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Barry A. Thom, Regional Administrator,
West Coast Region, NMFS, 501 W Ocean
Blvd., Ste. 4200, Long Beach, CA
90802–4250; Attn: Joshua Lindsay.
• Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Copies of the report ‘‘Assessment of
Pacific Sardine Resource in 2018 for
U.S.A. Management in 2017–2018’’ are
available https://www.pcouncil.org/wpcontent/uploads/2017/03/G5a_Stock_
Assessment_Rpt_Full_ElectricOnly_
Apr2017BB.pdf, and may be obtained
from the West Coast Region (see
ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, West Coast Region,
NMFS, (562) 980–4034, joshua.lindsay@
noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the Pacific sardine fishery in
the U.S. exclusive economic zone (EEZ)
off the Pacific coast (California, Oregon,
and Washington) in accordance with the
Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP). The FMP and
its implementing regulations require
NMFS to set annual catch levels for the
Pacific sardine fishery based on the
annual specification framework and
control rules in the FMP. These control
rules include the harvest guideline (HG)
control rule, which, in conjunction with
the overfishing limit (OFL) and
acceptable biological catch (ABC) rules
in the FMP, are used to manage harvest
levels for Pacific sardine, in accordance
with the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801
et seq.
During public meetings each year, the
Southwest Fishery Science Center
(SWFSC) presents the estimated
biomass for Pacific sardine to the Pacific
Fishery Management Council’s
(Council) CPS Management Team
(Team), the Council’s CPS Advisory
Subpanel (Subpanel) and the Council’s
Scientific and Statistical Committee
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]]>Agencies
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Proposed Rules]
[Pages 24267-24269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11313]
[[Page 24267]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0279; FRL-9978-64--Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor
Recovery Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a request submitted by the
Wisconsin Department of Natural Resources (WDNR) on May 16, 2017, to
revise the Wisconsin State Implementation Plan (SIP). The submission
includes amendments to the Wisconsin Administrative Code updating the
definition of ``volatile organic compound (VOC)'' to add eight
compounds to the list of exempted compounds. These revisions are based
on EPA rulemakings in 2012, 2013, and 2014, which added these compounds
to the list of chemical compounds that are excluded from the Federal
definition of VOC because, in their intended used, they make negligible
contributions to tropospheric ozone formation. In addition, WDNR is
also requesting to withdraw several previously approved provisions of
the Wisconsin Administrative Code from the SIP concerning the State's
Stage II vapor recovery (Stage II) program that terminated in 2012. EPA
approved the removal of the Stage II program as a component of the
Wisconsin SIP in 2013, including the approval of a demonstration under
section 110(l) of the Clean Air Act (CAA) that addressed emissions
impacts associated with the removal of the program.
DATES: Comments must be received on or before June 25, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0279 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6061,
[email protected].
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 is the background for this action?
A. When did the State submit the SIP revision to EPA?
B. Did Wisconsin hold public hearings on this SIP revision?
II. What is EPA proposing to approve?
III. What is EPA's analysis of the SIP revision?
IV. What action is EPA proposing to take?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is the background for this action?
A. When did the State submit the SIP revision to EPA?
WDNR submitted to EPA a revision to the Wisconsin SIP for approval
on May 16, 2017. The SIP revision primarily updates the definition of
VOC at Wisconsin Administrative Code Chapter NR 400.02(162) and removes
obsolete State provisions concerning the State's Stage II program that
terminated in 2012 in Southeast Wisconsin.
B. Did Wisconsin hold public hearings on this SIP revision?
WDNR conducted a public hearing in Madison, Wisconsin on November
5, 2015.
II. What is EPA proposing to approve?
EPA is proposing to approve a Wisconsin SIP revision that updates
the definition of VOC at Wisconsin Administrative Code Chapter NR
400.02(162) to add Trans-1,3,3,3-tetrafluoropropene (HFO-1234ze),
HCF2OCF2H (HFE-134),
HCF2OCF2OCF2H (HFE-236cal2),
HCF2OCF2CF2OCF2H (HFE-
338pcc13),
HCF2OCF2OCF2CF2OCF2
H (H-Galaden 1040X or H-Galden ZT 130 (or 150 or 180), Trans-1-chloro-
3,3,3-triflouroprop-1-ene (SolsticeTM 1233zd(E)), 2,3,3,3-
tetraflouropropene (HFO-1234yf), and 2-amino-2-methyl-1-propanol (AMP;
CAS number 124-68-5) to the list of excluded compounds at NR
400.02(162). Wisconsin took this action based on EPA's 2012, 2013, and
2014 rulemakings in which EPA determined that these compounds have a
negligible contribution to tropospheric ozone formation and thus should
be excluded from the definition of VOC codified at 40 CFR 51.100(s).
See 77 FR 37610 (June 22, 2012); 78 FR 9823 (February 12, 2013); 78 FR
62451 (October 22, 2013); 78 FR 53029 (August 28, 2013); and 79 FR
18037 (March 27, 2014). This action also proposes to approve minor
grammatical edits for clarity in NR 420.02(39), NR 420.03(4)(b)3, NR
420.04(1)(b)4, and NR 420.04(3)(c)1.
EPA is also proposing to approve the withdrawal of several
remaining provisions from the Wisconsin SIP that are related to the
Stage II vapor recovery program that was terminated by Wisconsin in
2012. Wisconsin originally submitted a SIP revision to EPA on November
18, 1992, to satisfy the requirement of section 182(b)(3) of the CAA.
The revision applied to the counties of Kenosha, Kewanee, Manitowoc,
Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha, and was
incorporated into the WDNR's 1993-94 ozone 15% Control Plan. EPA fully
approved Wisconsin's Stage II program on August 13, 1993 (53 FR 43080),
including the program's legal authority and administrative requirements
found in Section 285.31 of the Wisconsin Statutes and Chapter NR
420.045 of the Wisconsin Administrative Code.
On November 12, 2012, WDNR submitted a SIP revision requesting the
removal of Stage II requirements under NR 420.045 of the Wisconsin
Administrative Code from the Wisconsin SIP. To support the removal of
the Stage II requirements, the revision included a section 110(l)
demonstration addressing the emissions impacts associated with the
removal of the program. On November 4, 2013 (78 FR 65875), EPA approved
the removal of the Stage II requirements under NR 420.045 of the
Wisconsin Administrative Code from the Wisconsin SIP. In this action
EPA proposes to approve the removal of the
[[Page 24268]]
residual Stage II provisions that remained in place after the program
was decommissioned. These provisions are NR 420.02(8m), 420.02(26),
420.02(32), 420.02(38m), NR 425.035, NR 439.06(3)(i), NR 484.05(4), NR
484.05(5), and NR 494.04.
III. What is EPA's analysis of the SIP revision?
In 2005, EPA received a petition asking EPA to exempt
HCF2 OCF2H (HFE-134),
HCF2OCF2OCF2H (HFE-236cal2),
HCF2OCF2CF2OCF2H (HFE-
338pcc13), and
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) from the
definition of VOC. Based on the level of reactivity of these chemical
compounds, EPA concluded that these compounds make negligible
contributions to tropospheric ozone formation (78 FR 9823, February 12,
2013). Therefore, on February 12, 2013, EPA amended 40 CFR 51.100(s)(1)
to exclude these compounds from the definition of VOC for purposes of
preparing SIPs to attain the national ambient air quality standard for
ozone under title I of the CAA (78 FR 9823). EPA's action became
effective March 14, 2013. Wisconsin's SIP revision is consistent with
EPA's action amending the definition of VOC at 40 CFR 51.100(s).
In 2009, EPA received a petition asking EPA to exempt 2,3,3,3-
tetrafluoropropene (HFO-1234yf) from the definition of VOC. Based on
the level of reactivity of this chemical compound, EPA concluded that
this compound makes a negligible contribution to tropospheric ozone
formation (78 FR 62451, October 22, 2013). Therefore, on October 22,
2013, EPA amended 40 CFR 51.100(s)(1) to exclude this compound from the
definition of VOC for purposes of preparing SIPs to attain the national
ambient air quality standard for ozone under title I of the CAA (78 FR
62451). EPA's action became effective November 21, 2013. Wisconsin's
SIP revision is consistent with EPA's action amending the definition of
VOC at 40 CFR 51.100(s).
In 2009, EPA received a petition asking EPA to exempt Trans-
1,3,3,3-tetrafluoropropene (HFO-1234ze) from the definition of VOC.
Based on the level of reactivity of this chemical compound, EPA
concluded that this compound makes a negligible contribution to
tropospheric ozone formation (77 FR 37610, June 22, 2012). Therefore,
on June 22, 2012, EPA amended 40 CFR 51.100(s)(1) to exclude this
compound from the definition of VOC for purposes of preparing SIPs to
attain the national ambient air quality standard for ozone under title
I of the CAA (77 FR 37610). EPA's action became effective July 23,
2012. Wisconsin's SIP revision is consistent with EPA's action amending
the definition of VOC at 40 CFR 51.100(s).
In 2011, EPA received a petition asking EPA to exempt Trans 1-
chloro-3,3,3-trifluoroprop-1-ene from the definition of VOC. Based on
the level of reactivity of this chemical compound, EPA concluded that
this compound makes a negligible contribution to tropospheric ozone
formation (78 FR 53029, August 28, 2013). Therefore, on August 28,
2013, EPA amended 40 CFR 51.100(s)(1) to exclude this compound from the
definition of VOC for purposes of preparing SIPs to attain the national
ambient air quality standard for ozone under title I of the CAA (78 FR
53029). EPA's action became effective September 27, 2013. Wisconsin's
SIP revision is consistent with EPA's action amending the definition of
VOC at 40 CFR 51.100(s).
In 2012, EPA received a petition asking EPA to exempt 2-amino-2-
methyl-1-propanol (AMP; CAS number 124-68-5) from the definition of
VOC. Based on the level of reactivity of this chemical compound, EPA
concluded that this compound makes a negligible contribution to
tropospheric ozone formation (79 FR 18037, March 27, 2014). Therefore,
on March 27, 2014, EPA amended 40 CFR 51.100(s)(1) to exclude this
compound from the definition of VOC for purposes of preparing SIPs to
attain the national ambient air quality standard for ozone under title
I of the CAA (79 FR 17037). EPA's action became effective June 25,
2014. Wisconsin's SIP revision is consistent with EPA's action amending
the definition of VOC at 40 CFR 51.100(s).
As stated above, EPA has determined that the compounds outlined in
Wisconsin's SIP revision all qualify as negligibly reactive with
respect to their contribution to tropospheric ozone formation. Although
states are not obligated to exclude from control as VOCs those
compounds that the EPA has found to be negligibly reactive, states may
not take credit for controlling these compounds in their ozone control
strategies.
In addition, the proposed approval of changes in NR 420.02(39), NR
420.03(4)(b)3, NR 420.04(1)(b)4, and NR 420.04(3)(c)1 are
administrative in nature only, and do not have any negative impact on
air quality.
As discussed previously in this action, WDNR submitted a SIP
revision on November 12, 2012, requesting the removal of Stage II
requirements under NR 420.045 of the Wisconsin Administrative Code from
the Wisconsin SIP. To support the removal of the Stage II requirements,
the revision included a section 110(l) demonstration addressing the
emissions impacts associated with the removal of the program. On
November 4, 2013 (78 FR 65875) EPA approved the removal of the Stage II
requirements from the Wisconsin SIP. In this action EPA is proposing to
approve the removal of residual Stage II provisions NR 420.02(8m),
420.02(26), 420.02(32), 420.02(38m), NR 425.035, NR 439.06(3)(i), NR
484.05(4), NR 484.05(5), and NR 494.04, which remained in place after
the program was decommissioned at the state level. The removal of these
provisions from the SIP does not have any negative impact on air
quality in Southeast Wisconsin, since the state addressed the overall
emissions impact resulting from the 2012 termination of the Stage II
program. See 78 FR 65875.
IV. What action is EPA proposing to take?
EPA is proposing to approve the revision to the Wisconsin SIP
submitted by WDNR on May 16, 2017, because the revision is consistent
with EPA's prior actions revising the definition of VOC. In addition,
the removal of remaining Stage II program provisions from the SIP meets
all applicable requirements, and it will not interfere with reasonable
further progress or attainment of any of the national ambient air
quality standards.
V. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference revisions to Wisconsin Administrative Code provisions NR
400.02(162), NR 420.02(39), NR 420.0 3(4)(b)3, NR 420.04(1)(b)4, and NR
420.04(3)(c)1, published in the Wisconsin Register #727 on July 25,
2016 and became effective August 1, 2016. EPA has made, and will
continue to make, these documents generally available through
www.regulations.gov and at the EPA Region 5 Office (please contact the
person identified in the For FURTHER INFORMATION CONTACT section of
this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission
[[Page 24269]]
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 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: May 16, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-11313 Filed 5-24-18; 8:45 am]
BILLING CODE 6560-50-P
