Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor Recovery Regulations, 53816-53818 [2018-23244]
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Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations
contacted on VHF–FM Channel 16 or by
telephone at (412) 221–0807.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful instructions of the COTP
or a designated representative.
(e) Informational broadcasts. The
COTP or a designated representative
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enforcement period for the safety zone
as well as any changes in the schedule
through Broadcast Notices to Mariners
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Dated: October 19, 2018.
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Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–23301 Filed 10–24–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0279; FRL–9985–30–
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: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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 exempt
compounds. In addition, WDNR is also
requesting the withdrawal of 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. EPA proposed
to approve the State’s submittal on May
25, 2018.
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SUMMARY:
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This final rule is effective on
November 26, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0279. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either through
https://www.regulations.gov, or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
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, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean
EPA.
DATES:
I. What is being addressed by this
document?
On May 25, 2018, at 83 FR 24267,
EPA proposed to approve a revision to
the Wisconsin SIP that updates the
definition of VOC at Wisconsin
Administrative Code Chapter NR
400.02(162) to add the following
compounds to the list of exclusions at
NR 400.02(162): 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). 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 17037 (March 27,
2014). This action also approves minor
stylistic edits for clarity in NR
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Frm 00016
Fmt 4700
Sfmt 4700
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 approving 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 Kenosha, Kewanee,
Manitowoc, Milwaukee, Ozaukee,
Racine, Sheboygan, Washington and
Waukesha counties, 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
approves the removal of the 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.
II. What comments did we receive on
the proposed SIP revision?
Our May 25, 2018 proposed rule
provided a 30-day review and comment
period. The comment period closed on
June 25, 2018. EPA received one
comment during the public comment
period, but the comment was
completely outside of the scope of this
approval and, therefore, is not being
addressed as part of this final action.
III. What action is EPA taking?
EPA is approving 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
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Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations
meets all applicable requirements, and
will not interfere with reasonable
further progress or attainment of any of
the national ambient air quality
standards.
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IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Wisconsin
Regulations described in the
amendments to 40 CFR part 52 set forth
below. 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).
V. 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 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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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Jkt 247001
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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 24, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
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Fmt 4700
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53817
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
Dated: September 19, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2570 is amended by
revising paragraphs (c)(69)(i)(A) through
(C), (c)(69)(i)(E), (c)(73)(i)(C), and
(c)(73)(i)(H) through (J), and by adding
paragraph (c)(138) to read as follows:
■
§ 52.2570
Identification of plan.
*
*
*
*
*
(c) * * *
(69) * * *
(i) * * *
(A) Wisconsin Administrative Code,
Chapter NR 420 Control of Organic
Compound Emissions from Petroleum
and Gasoline Sources; Section 420.02
Definitions, Sections NR 420.02(8m),
(24m), (32m), (38m), (39m); Section NR
420.045 Motor Vehicle Refueling;
published in Wisc. Admin. Code in
January 1993, and took effect on
February 1, 1993. Section NR 420.045
was rescinded in 2013 and is removed
without replacement; see paragraph
(c)(129) of this section. Sections NR
420.02(8m) and NR 420.02(38m) were
rescinded in 2016 and are removed
without replacement; see paragraph
(c)(138) of this section.
(B) Wisconsin Administrative Code,
Chapter NR 425 Compliance Schedules,
Exceptions, Registration and Deferrals
for Organic Compound Emissions
Sources in Chapters 419 to 424; Section
425.035 Throughput Reporting and
Compliance Schedules for Motor
Vehicle Refueling; published in Wisc.
Admin. Code in January 1993, and took
effect on February 1, 1993. Section NR
425.035 was rescinded in 2016 and is
removed without replacement; see
paragraph (c)(138) of this section.
(C) Wisconsin Administrative Code,
Chapter NR 439 Reporting,
Recordkeeping, Testing, Inspection and
Determination of Compliance
Requirements; Section NR 439.06(3)(c);
Section NR 439.06(3)(i); published in
the Wisc. Admin. Code in January 1993,
and took effect on February 1, 1993.
Section NR 439.06(3)(i) was rescinded
in 2016 and is removed without
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25OCR1
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53818
Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations
replacement; see paragraph (c)(138) of
this section.
*
*
*
*
*
(E) Wisconsin Administrative Code,
Chapter NR 494 Enforcement and
Penalties for Violation of Air Pollution
Control Provisions; renumbered
Sections NR 494.025 and 494.03 to NR
494.03 and 494.05; Section NR 494.04
Tagging Gasoline Dispensing
Equipment; published in the Wisc.
Admin. Code in January 1993 and took
effect on February 1, 1993. Section NR
494.04 was rescinded in 2016 and is
removed without replacement; see
paragraph (c)(138) of this section.
*
*
*
*
*
(73) * * *
(i) * * *
(C) Chapter NR 420: CONTROL OF
ORGANIC COMPOUND EMISSIONS
FROM PETROLEUM AND GASOLINE
SOURCES. NR 420.01 as published in
the (Wisconsin) Register, February,
1990, No. 410, effective March, 1, 1990.
NR 420.02 and 420.045 as published in
the (Wisconsin) Register, January, 1993,
No. 445, effective February 1, 1993. NR
420.03 and 420.04 as published in the
(Wisconsin) Register, December, 1993,
No. 456, effective January 1, 1994. NR
420.05 as published in the (Wisconsin)
Register, May, 1992, No. 437, effective
June 1, 1992. Section NR 420.045 was
rescinded in 2013 and is removed
without replacement; see paragraph
(c)(129) of this section. Sections NR
420.02(8m), (26), (32), and (38m) were
rescinded in 2016 and are removed
without replacement; see paragraph
(c)(138) of this section.
*
*
*
*
*
(H) Chapter NR 425: COMPLIANCE
SCHEDULES, EXCEPTIONS,
REGISTRATION AND DEFERRALS FOR
ORGANIC COMPOUND EMISSION
SOURCES IN CHS. NR 419 TO 424. NR
425.01 and 425.02 as published in the
(Wisconsin) Register, February, 1990,
No. 410, effective March 1, 1990. NR
425.03, 425.04 and 425.05 as published
in the (Wisconsin) Register, December,
1993, No. 456, effective January 1, 1994.
NR 425.035 as published in the
(Wisconsin) Register, January, 1993, No.
445, effective February 1, 1993. Section
NR 425.035 was rescinded in 2016 and
is removed without replacement; see
paragraph (c)(138) of this section.
(I) Chapter NR 439: REPORTING,
RECORDKEEPING, TESTING,
INSPECTION AND DETERMINATION
OF COMPLIANCE REQUIREMENTS.
NR 439.01 and 439.085 as published in
the (Wisconsin) Register, May, 1992, No.
437, effective June 1, 1992. NR 439.02,
439.03, 439.04, 439.05, 439.055, 439.06,
439.07, 439.075, 439.09, 439.095 and
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15:53 Oct 24, 2018
Jkt 247001
439.11 as published in the (Wisconsin)
Register, December, 1993, No. 456,
effective January 1, 1994. NR 439.08 as
published in the (Wisconsin) Register,
May, 1993, No. 449, effective June 1,
1993. NR 439.10 as published in the
(Wisconsin) Register, September, 1987,
No. 381, effective October 1, 1987.
Section NR 439.06(3)(i) was rescinded
in 2016 and is removed without
replacement; see paragraph (c)(138) of
this section.
(J) Chapter NR 484: INCORPORATION BY REFERENCE. NR 484.01 as
published in the (Wisconsin) Register,
May, 1992, No. 437, effective June 1,
1992. NR 484.02 as published in the
(Wisconsin) Register, September, 1986,
No. 369, effective October 1, 1986. NR
484.03 as published in the (Wisconsin)
Register, May, 1993, No. 449, effective
June 1, 1993. NR 484.04, 484.05 and
484.06 as published in the (Wisconsin)
Register, December, 1993, No. 456,
effective January 1, 1994. NR 484.08 and
484.09 as published in the (Wisconsin)
Register, October, 1992, No. 442,
effective November 1, 1992. Section NR
484.04(3) was repealed in 2011 and is
removed without replacement; see
paragraph (c)(130) of this section.
Sections NR 484.05(4) and NR 484.04(5)
were rescinded in 2016 and are removed
without replacement; see paragraph
(c)(138) of this section.
*
*
*
*
*
(138) On May 16, 2017, the Wisconsin
Department of Natural Resources
submitted a request to remove, from the
Wisconsin ozone State Implementation
Plan, residual Stage II vapor recovery
program provisions that remained in
place after the program was
decommissioned. The request also
updates the definition of VOC at
Wisconsin Administrative Code Chapter
NR 400.02(162) to add the following
compounds to the list of excluded
compounds at NR 400.02(162): Trans1,3,3,3-tetrafluoropropene (HFO1234ze), 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
2-amino-2-methyl-1-propanol (AMP;
CAS number 124–68–5). The request
also includes minor amendments that
contain minor stylistic edits for clarity.
(i) Incorporation by reference. NR
400.02(162), NR 420.02(39), NR
420.03(4)(b)3, NR 420.04(1)(b)4, and NR
420.04(3)(c)1 as published in the
Wisconsin Register, July 2016, No. 727,
effective August 1, 2016.
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Fmt 4700
Sfmt 4700
(ii) Additional material. Wisconsin
Natural Resources Board January 27,
2016, Board Order AM–15–14 to repeal
NR 420.02(8m), (26), (32), and (38m),
425.035, 439.06(3)(i), 484.05(4) and (5),
and 494.04; as published in the
Wisconsin Register July 2016, No. 727,
effective August 1, 2016.
[FR Doc. 2018–23244 Filed 10–24–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 136 and 142
[Docket No. USCG–2017–1060]
RIN 1625–AC43
Harmonization of Fire Protection
Equipment Standards for Towing
Vessels
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is finalizing
an interim final rule that applied the
changes made by the 2016 final rule,
‘‘Harmonization of Standards for Fire
Protection, Detection, and Extinguishing
Equipment,’’ to inspected towing
vessels. The interim final rule,
published February 26, 2018 in the
Federal Register, aligned fire protection
and equipment regulations for inspected
towing vessels with other commercial
vessel regulations. The Coast Guard
received no comments on the interim
rule, and adopts the interim final rule
with one clarification.
DATES: This final rule is effective
November 26, 2018.
ADDRESSES: Documents mentioned in
this preamble are available in the public
docket by going to https://
www.regulations.gov, typing USCG–
2017–1060 in the ‘‘SEARCH’’ box and
clicking ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this rule.
FOR FURTHER INFORMATION CONTACT: For
information about this document, call or
email LT Alexandra Miller, Office of
Design and Engineering Standards,
Lifesaving and Fire Safety Division (CG–
ENG–4), Coast Guard; telephone 202–
372–1356, email Alexandra.S.Miller@
uscg.mil.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Background Information, Legal Authority,
and Discussion of Change
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]]>Agencies
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53816-53818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23244]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0279; FRL-9985-30-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 exempt
compounds. In addition, WDNR is also requesting the withdrawal of
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. EPA proposed to approve the State's submittal on May
25, 2018.
DATES: This final rule is effective on November 26, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0279. All documents in the docket are listed in
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
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, wherever ``we'',
``us'' or ``our'' is used, we mean EPA.
I. What is being addressed by this document?
On May 25, 2018, at 83 FR 24267, EPA proposed to approve a revision
to the Wisconsin SIP that updates the definition of VOC at Wisconsin
Administrative Code Chapter NR 400.02(162) to add the following
compounds to the list of exclusions at NR 400.02(162): 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 (Solstice\TM\ 1233zd(E)), 2,3,3,3-
tetraflouropropene (HFO-1234yf), and 2-amino-2-methyl-1-propanol (AMP;
CAS number 124-68-5). 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 17037 (March 27, 2014). This action also approves minor
stylistic 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 approving 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 Kenosha, Kewanee, Manitowoc, Milwaukee, Ozaukee,
Racine, Sheboygan, Washington and Waukesha counties, 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 approves the removal of the 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.
II. What comments did we receive on the proposed SIP revision?
Our May 25, 2018 proposed rule provided a 30-day review and comment
period. The comment period closed on June 25, 2018. EPA received one
comment during the public comment period, but the comment was
completely outside of the scope of this approval and, therefore, is not
being addressed as part of this final action.
III. What action is EPA taking?
EPA is approving 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
[[Page 53817]]
meets all applicable requirements, and will not interfere with
reasonable further progress or attainment of any of the national
ambient air quality standards.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Wisconsin
Regulations described in the amendments to 40 CFR part 52 set forth
below. 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).
V. 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 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 24, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: September 19, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2570 is amended by revising paragraphs (c)(69)(i)(A)
through (C), (c)(69)(i)(E), (c)(73)(i)(C), and (c)(73)(i)(H) through
(J), and by adding paragraph (c)(138) to read as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(69) * * *
(i) * * *
(A) Wisconsin Administrative Code, Chapter NR 420 Control of
Organic Compound Emissions from Petroleum and Gasoline Sources; Section
420.02 Definitions, Sections NR 420.02(8m), (24m), (32m), (38m), (39m);
Section NR 420.045 Motor Vehicle Refueling; published in Wisc. Admin.
Code in January 1993, and took effect on February 1, 1993. Section NR
420.045 was rescinded in 2013 and is removed without replacement; see
paragraph (c)(129) of this section. Sections NR 420.02(8m) and NR
420.02(38m) were rescinded in 2016 and are removed without replacement;
see paragraph (c)(138) of this section.
(B) Wisconsin Administrative Code, Chapter NR 425 Compliance
Schedules, Exceptions, Registration and Deferrals for Organic Compound
Emissions Sources in Chapters 419 to 424; Section 425.035 Throughput
Reporting and Compliance Schedules for Motor Vehicle Refueling;
published in Wisc. Admin. Code in January 1993, and took effect on
February 1, 1993. Section NR 425.035 was rescinded in 2016 and is
removed without replacement; see paragraph (c)(138) of this section.
(C) Wisconsin Administrative Code, Chapter NR 439 Reporting,
Recordkeeping, Testing, Inspection and Determination of Compliance
Requirements; Section NR 439.06(3)(c); Section NR 439.06(3)(i);
published in the Wisc. Admin. Code in January 1993, and took effect on
February 1, 1993. Section NR 439.06(3)(i) was rescinded in 2016 and is
removed without
[[Page 53818]]
replacement; see paragraph (c)(138) of this section.
* * * * *
(E) Wisconsin Administrative Code, Chapter NR 494 Enforcement and
Penalties for Violation of Air Pollution Control Provisions; renumbered
Sections NR 494.025 and 494.03 to NR 494.03 and 494.05; Section NR
494.04 Tagging Gasoline Dispensing Equipment; published in the Wisc.
Admin. Code in January 1993 and took effect on February 1, 1993.
Section NR 494.04 was rescinded in 2016 and is removed without
replacement; see paragraph (c)(138) of this section.
* * * * *
(73) * * *
(i) * * *
(C) Chapter NR 420: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM
PETROLEUM AND GASOLINE SOURCES. NR 420.01 as published in the
(Wisconsin) Register, February, 1990, No. 410, effective March, 1,
1990. NR 420.02 and 420.045 as published in the (Wisconsin) Register,
January, 1993, No. 445, effective February 1, 1993. NR 420.03 and
420.04 as published in the (Wisconsin) Register, December, 1993, No.
456, effective January 1, 1994. NR 420.05 as published in the
(Wisconsin) Register, May, 1992, No. 437, effective June 1, 1992.
Section NR 420.045 was rescinded in 2013 and is removed without
replacement; see paragraph (c)(129) of this section. Sections NR
420.02(8m), (26), (32), and (38m) were rescinded in 2016 and are
removed without replacement; see paragraph (c)(138) of this section.
* * * * *
(H) Chapter NR 425: COMPLIANCE SCHEDULES, EXCEPTIONS, REGISTRATION
AND DEFERRALS FOR ORGANIC COMPOUND EMISSION SOURCES IN CHS. NR 419 TO
424. NR 425.01 and 425.02 as published in the (Wisconsin) Register,
February, 1990, No. 410, effective March 1, 1990. NR 425.03, 425.04 and
425.05 as published in the (Wisconsin) Register, December, 1993, No.
456, effective January 1, 1994. NR 425.035 as published in the
(Wisconsin) Register, January, 1993, No. 445, effective February 1,
1993. Section NR 425.035 was rescinded in 2016 and is removed without
replacement; see paragraph (c)(138) of this section.
(I) Chapter NR 439: REPORTING, RECORDKEEPING, TESTING, INSPECTION
AND DETERMINATION OF COMPLIANCE REQUIREMENTS. NR 439.01 and 439.085 as
published in the (Wisconsin) Register, May, 1992, No. 437, effective
June 1, 1992. NR 439.02, 439.03, 439.04, 439.05, 439.055, 439.06,
439.07, 439.075, 439.09, 439.095 and 439.11 as published in the
(Wisconsin) Register, December, 1993, No. 456, effective January 1,
1994. NR 439.08 as published in the (Wisconsin) Register, May, 1993,
No. 449, effective June 1, 1993. NR 439.10 as published in the
(Wisconsin) Register, September, 1987, No. 381, effective October 1,
1987. Section NR 439.06(3)(i) was rescinded in 2016 and is removed
without replacement; see paragraph (c)(138) of this section.
(J) Chapter NR 484: INCORPORA- TION BY REFERENCE. NR 484.01 as
published in the (Wisconsin) Register, May, 1992, No. 437, effective
June 1, 1992. NR 484.02 as published in the (Wisconsin) Register,
September, 1986, No. 369, effective October 1, 1986. NR 484.03 as
published in the (Wisconsin) Register, May, 1993, No. 449, effective
June 1, 1993. NR 484.04, 484.05 and 484.06 as published in the
(Wisconsin) Register, December, 1993, No. 456, effective January 1,
1994. NR 484.08 and 484.09 as published in the (Wisconsin) Register,
October, 1992, No. 442, effective November 1, 1992. Section NR
484.04(3) was repealed in 2011 and is removed without replacement; see
paragraph (c)(130) of this section. Sections NR 484.05(4) and NR
484.04(5) were rescinded in 2016 and are removed without replacement;
see paragraph (c)(138) of this section.
* * * * *
(138) On May 16, 2017, the Wisconsin Department of Natural
Resources submitted a request to remove, from the Wisconsin ozone State
Implementation Plan, residual Stage II vapor recovery program
provisions that remained in place after the program was decommissioned.
The request also updates the definition of VOC at Wisconsin
Administrative Code Chapter NR 400.02(162) to add the following
compounds to the list of excluded compounds at NR 400.02(162): Trans-
1,3,3,3-tetrafluoropropene (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-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). The request also includes minor
amendments that contain minor stylistic edits for clarity.
(i) Incorporation by reference. NR 400.02(162), NR 420.02(39), NR
420.03(4)(b)3, NR 420.04(1)(b)4, and NR 420.04(3)(c)1 as published in
the Wisconsin Register, July 2016, No. 727, effective August 1, 2016.
(ii) Additional material. Wisconsin Natural Resources Board January
27, 2016, Board Order AM-15-14 to repeal NR 420.02(8m), (26), (32), and
(38m), 425.035, 439.06(3)(i), 484.05(4) and (5), and 494.04; as
published in the Wisconsin Register July 2016, No. 727, effective
August 1, 2016.
[FR Doc. 2018-23244 Filed 10-24-18; 8:45 am]
BILLING CODE 6560-50-P
