Proposed Rule2023-01723
Air Plan Approval; Wisconsin; VOC RACT for Miscellaneous Industrial Adhesives and Miscellaneous Metal and Plastic Parts Coatings
Primary source
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Published
January 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions related to the volatile organic compound (VOC) reasonably available control technology (RACT), submitted by the Wisconsin Department of Natural Resources ("Wisconsin" or "WDNR") on June 28, 2022. The proposed SIP revisions consist of several additions, corrections, and clarifications within the Wisconsin Administrative Code (WAC) NR 400 series and update the VOC RACT requirements for the Miscellaneous Industrial Adhesives and Miscellaneous Metal and Plastic Parts Coatings Control Techniques Guidelines (CTG) source categories. Also, EPA is proposing to approve Wisconsin's August 10, 2022, request to remove three previously approved Administrative Orders from the SIP. The request to remove these Administrative Orders includes a 110(l) demonstration highlighting that the revisions to Wisconsin's rules do not interfere with any applicable requirement concerning attainment or any other applicable requirement of the Clean Air Act (CAA) because this SIP revision is a direct replacement for the previously approved orders. These SIP revisions apply to nonattainment areas in Wisconsin classified as moderate or above under the 2008 or later ozone National Ambient Air Quality Standards ("NAAQS" or "standard"). These revisions are consistent with the CTG documents issued by EPA in 2008 and are approvable because they serve as SIP strengthening measures.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5840-5843]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01723]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0581; FRL-10168-01-R5]
Air Plan Approval; Wisconsin; VOC RACT for Miscellaneous
Industrial Adhesives and Miscellaneous Metal and Plastic Parts Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions related to the
volatile organic compound (VOC) reasonably available control technology
(RACT), submitted by the Wisconsin Department of Natural Resources
(``Wisconsin'' or ``WDNR'') on June 28, 2022. The proposed SIP
revisions consist of several additions, corrections, and clarifications
within the Wisconsin Administrative Code (WAC) NR 400 series and update
the VOC RACT requirements for the Miscellaneous Industrial Adhesives
and Miscellaneous Metal and Plastic Parts Coatings Control Techniques
Guidelines (CTG) source categories. Also, EPA is proposing to approve
Wisconsin's August 10, 2022, request to remove three previously
approved Administrative Orders from the SIP. The request to remove
these Administrative Orders includes a 110(l) demonstration
highlighting that the revisions to Wisconsin's rules do not interfere
with any applicable requirement concerning attainment or any other
applicable requirement of the Clean Air Act (CAA) because this SIP
revision is a direct replacement for the previously approved orders.
These SIP revisions apply to nonattainment areas in Wisconsin
classified as moderate or above under the 2008 or later ozone National
Ambient Air Quality Standards (``NAAQS'' or ``standard''). These
revisions are consistent with the CTG documents issued by EPA in 2008
and are approvable because they serve as SIP strengthening measures.
DATES: Comments must be received on or before March 1, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0581 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#3f5e4d4d5e114c5e4d5e577f5a4f5e11585049"><span class="__cf_email__" data-cfemail="5c3d2e2e3d722f3d2e3d341c392c3d723b332a">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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
[[Page 5841]]
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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Katie Mullen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-3490,
<a href="/cdn-cgi/l/email-protection#365b435a5a5358185d57425e5a5353587653465718515940"><span class="__cf_email__" data-cfemail="7a170f16161f1454111b0e12161f1f143a1f0a1b541d150c">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is EPA proposing?
EPA is proposing to approve SIP revisions adopted in Board Order
AM-20-18 submitted by Wisconsin on June 28,2022 consisting of
additions, corrections, and clarifications to WAC chapters 400, 419,
421, 422, 423, 425, 439, and 484. Specifically, these revisions include
adding definitions to ensure consistency with the CTGs, correcting
inadvertent errors from past rulemakings, clarifying ``once in, always
in'' requirements for rules in WAC chapter NR 422, modifying chapters
to ensure compatibility with new and existing rules, and incorporating
updated VOC RACT requirements for the Miscellaneous Industrial
Adhesives and Miscellaneous Metal and Plastic Parts Coatings CTG source
categories. EPA is proposing to approve Wisconsin's request for the
removal of the previously approved Administrative Orders AM-20-01, AM-
20-02, and AM-20-03, submitted in a letter from WDNR on August 10,
2022. When EPA approves this action, it concurrently removes these
three Administrative Orders from the Wisconsin SIP, since Board Order
AM-20-18 replaces AM-20-01, AM-20-02, and AM-20-03. These SIP revisions
apply to nonattainment areas in Wisconsin that have been classified as
moderate or above under the 2008 or later 8-hour ozone NAAQS. These
revisions correspond to and are consistent with the source categories
and control recommendations in the CTGs issued by EPA in 2008.
II. What is the background for this action?
VOCs contribute to the production of ground-level ozone, or smog,
which harms human health and the environment. 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). Sections 172(c)(1) and 182(b)(2) of the CAA require states to
implement RACT in ozone nonattainment areas classified as moderate and
higher. Specifically, these areas are required to implement RACT for
all VOC sources covered by the latest CTGs. A CTG is a document issued
by EPA that establishes a ``presumptive norm'' for RACT for a specific
VOC source category.
Administrative orders AM-20-01, AM-20-02, and AM-20-03 were issued
to meet RACT requirements under CAA section 182(b)(2)(A) for three
sources of VOC emissions located in ozone nonattainment areas
classified as moderate for the 2008 ozone NAAQS. EPA approved
Administrative Order AM-20-01, issued to the Insinkerator facility, in
the Wisconsin SIP on September 16, 2020 (85 FR 5772). The facility was
located in the Kenosha County, Wisconsin portion of the tri-state
Chicago-Naperville (IL-IN-WI) area which had been previously designated
nonattainment for the 2008 ozone NAAQS. On April 11, 2022, EPA
redesignated the Kenosha nonattainment area under the 2008 ozone
standard (87 FR 21027). This facility ceased operations in July 2021,
and WDNR has confirmed closure.
EPA approved Administrative Orders AM-20-02, issued to Kieffer &
Co. Inc (Kieffer), and Administrative Order AM-20-03, issued to Kohler
Power Systems (Kohler), on July 10, 2020 (85 FR 41405). The Kieffer and
Kohler facilities are both located in the Shoreline Sheboygan County
area previously designated nonattainment under the 2008 ozone NAAQS. On
July 10, 2020, EPA redesignated Shoreline Sheboygan nonattainment area
under the 2008 ozone standard (85 FR 41405). When these administrative
orders were issued in 2020, the three sources conducted operations
covered by EPA's CTG for Miscellaneous Metal and Plastic Parts
Coatings. Also, at the time of issuance, Wisconsin was in the process
of developing Board Order AM-20-18, which incorporates VOC RACT
regulations for the Miscellaneous Metal and Plastic Parts Coatings CTG
source category. The purposes of the administrative orders were to make
the CTG for Miscellaneous Metal and Plastic Parts Coatings federally
enforceable for applicable sources and to meet VOC RACT requirements
for Wisconsin's Kenosha and Shoreline Sheboygan nonattainment areas
under the 2008 ozone NAAQS until Board Order AM-20-18 was approved in
the Wisconsin SIP.
Wisconsin has revised its existing VOC RACT regulations to reflect
the Miscellaneous Metal and Plastic Parts Coatings and Miscellaneous
Industrial Adhesives CTG source categories issued by EPA in 2008.
Wisconsin's existing VOC RACT rules (referred to as ``Part I'' rules)
for these source categories will continue to apply in the state. The
updated VOC RACT requirements (``Part II'' rules) apply in the state's
ozone nonattainment areas that have been classified as moderate or
above for any national ozone standard promulgated in or after 2008.
The rule changes are primarily associated with the addition of the
Part II rules, which incorporate the CTGs' VOC content limits for
specific types of coatings and adhesives. Also, Wisconsin's submittal
contains several additions, corrections, and clarifications within
Chapter NR 422 of the WAC that affect current rule language for these
source categories.
Overall, the primary purpose of these revisions is to remove
Administrative Orders AM-20-01, AM-20-02, and AM-20-03 from the SIP and
replace them with these SIP revisions which are consistent with the
Miscellaneous Metal and Plastic Parts Coatings and Miscellaneous
Industrial Adhesives CTG source categories issued by EPA in 2008. These
revisions also serve as SIP strengthening measures for the
Miscellaneous Metal and Plastic Parts Coatings and Miscellaneous
Industrial Adhesives VOC source categories.
III. What is EPA's evaluation of Wisconsin's VOC RACT submittal?
EPA has reviewed Wisconsin's revised VOC rules for the
Miscellaneous Metal and Plastic Parts Coatings and Miscellaneous
Industrial Adhesives CTG source categories, which include: adding
definitions to ensure consistency with the CTGs, correcting inadvertent
errors from past rulemakings, clarifying ``once in, always in''
requirements for rules in Ch. NR 422, WAC, modifications to ensure
compatibility of existing and new rules, and incorporation of new
miscellaneous metal and plastic parts coatings and industrial adhesive
requirements.
The proposed revisions are consistent with the latest Miscellaneous
Metal and
[[Page 5842]]
Plastic Parts Coatings and Miscellaneous Industrial Adhesives CTGs
published by EPA in 2008 A brief discussion of these revisions follows.
A. Clarification of Existing Rule Language
Language in WAC Chapter NR 422.01(3), (4), and (Note) explain that
once a source becomes subject to a VOC RACT rule in Ch. NR 422, it
remains subject to the rule regardless of future reductions in
emissions (``once in, always in''), unless an approved federally
enforceable permit or SIP revision permanently restricts the source's
production, capacity utilization, or the hours of operation so that the
source's maximum theoretical emissions are below the applicability
threshold(s) in Chapter NR 422. This clarification meets the applicable
federal VOC RACT exemption requirements identified in EPA's August 23,
1990 memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, entitled ``Once-in/Always-in' Requirement for Applicability.''
In addition, changes to NR 422.03, 422.05 (1m), 422.06 (1m), 422.08
(1m), 422.14 (1m), and 422.145 (1m) include eliminating the redundancy
of the ``once in, always in'' language in these chapters.
B. Definitions
Definitions in the following sections of the WAC are approvable,
because they are consistent with the Miscellaneous Metal and Plastics
Parts Coatings and Miscellaneous Industrial Adhesives CTGs:
<bullet> NR 422.02 (1d), (1h), (3g) (3r), (4g), (4r), (10m) and (Note),
(12o), (12q),(15m), (19f), (19v), (19x), (20q), (20u), (20y), (21d)
(21j), (25g), (25r), (32m), (34d), (34v),(36m), (38m), (41e), (41m),
(41s), (42d), (42h) and (Note), (42s), (45s),(53j), (53k), (54a),(54b),
(54c), (54d), (54e), (54f) and (Note), (54g), (54h), (54i) and (Note),
(54j), (54k), (54L), (54o), (54y) and (Note), (57s), (58m), (61s),
(63m), (64g), (64q), (64u), (65e), (65m), (65s), (66m), (74m) and
(Note), (75m), (80f) and (Note), (86e), (86m), (86s), (87d), (87h),
(87L), (93m), (95s), (100m), (104m), (106s), and (109s)
<bullet> NR 422.084(2)(a), (2)(b), (2)(c), (2)(d), (2)(e)
<bullet> NR 422.151(2)(a), (2)(b), (2)(c), (2)(d), (2)(e)
C. Adoption of CTGs as ``Part II'' Rules
The following Part II rules apply to sources that meet the
applicability threshold in areas of the state that have been classified
as moderate or higher for any national ozone standard promulgated in or
after 2008 and are consistent with the Miscellaneous Metal and Plastics
Parts Coatings and Miscellaneous Industrial Adhesives CTGs.
<bullet> NR 422.084 is a regulation that incorporates the
Miscellaneous Metal and Plastic Parts Coatings CTG's VOC control
measures for plastic parts coatings.
<bullet> NR 422.128 is a regulation that incorporates the
Miscellaneous Industrial Adhesives CTG's VOC control measures for
adhesive use.
<bullet> NR 422.151 is a regulation that incorporates the
Miscellaneous Metal and Plastic Parts Coatings CTG's VOC control
measures for miscellaneous metal parts and products coatings.
D. Updates To Ensure Consistency With Part II Rules
<bullet> Revisions to NR 422.04(1)(a) update current Methods of
Compliance to include references to the Part II rules.
<bullet> Revisions to NR 423.035(2)(a)(1) and NR 423.037(2)(a)(1)
update current Industrial cleaning operations--part 1 and part II to
include references to the Part II rules.
<bullet> Revisions to NR 425.04(3)(a) update Exceptions and non-
ozone season allowances language include references to the Part II
rules.
<bullet> Revisions to NR 439.04(4) (intro.), (4)(a), (4)(b),
(4)(c), (4)(d), (4)(e), (4)(f), (4)(g), (5)(a) (intro.), (5)(a)(2),
(5)(a)(2) (intro.), (5)(a)(2)(b), and (5)(f)(intro.) update
Recordkeeping language to include references to the Part II rules.
E. Corrections
<bullet> Revisions to NR 422.03 (intro.) and (7) eliminate
conflicts between current language in NR 422.03(7), which establishes
exemptions from Chapter NR 422 limits for facilities using 55 gallons
or less of a coating, and current exemption language in NR 422.095. The
changes also avoid a conflict with NR 422.084 Plastic parts coating--
Part II exemption language.
<bullet> Revisions to NR 422.15(1)(am)(2) and NR 422.15(10) correct
previous rulemaking language to include the counties of Kewaunee,
Manitowoc, and Walworth in the Miscellaneous metal parts and products--
Part I rule.
<bullet> Revisions to NR 422.083(1)(a) (Note) and NR 422.083(1)(b)
(Note) remove two notes describing the maximum theoretical emission
calculation from the Plastic parts coating--Part I rule since the
information in the notes are provided elsewhere in Chapter NR 422.
<bullet> Revisions to NR 422.083(1)(a) and NR 422.083(1)(b) update
the types of VOC emissions that should be excluded from a source's
maximum theoretical emissions in section NR 422.083 Plastic parts
coatings--part I and update references to sections of Chapter NR 422.
F. Removal of Administrative Orders
In 2020, EPA approved Administrative orders AM-20-01, AM-20-02, and
AM-20-03 to meet RACT requirements under CAA section 182(b)(2)(A) for
three sources of VOC emissions located in ozone nonattainment areas
classified as moderate for the 2008 ozone NAAQS. Specifically, the
administrative orders incorporate EPA's CTG for Miscellaneous Metal and
Plastic Parts Coatings. EPA is proposing to approve Wisconsin's request
for the removal of previously approved Administrative Orders AM-20-01,
AM-20-02, and AM-20-03 submitted in a letter from WDNR on August 10,
2022. When EPA approves this action, it concurrently removes these
three Administrative Orders from the Wisconsin SIP. As required under
section 110(l) of the CAA, Wisconsin certifies that the removal of
Administrative Orders AM-20-01, AM-20-02 and AM-20-03 will not
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement
governing air pollution prevention and control in the CAA. Wisconsin's
Board Order AM-20-18 incorporating EPA's CTG for Miscellaneous Metal
and Plastic Parts Coatings effectively replaces the three
administrative orders. Additionally, AM-20-01 was issued to the
Insinkerator facility, which is no longer operational as of July 2021.
IV. What action is EPA taking?
EPA is proposing to approve in the Wisconsin SIP additions,
corrections, and clarifications related to rules in WAC Chapters 400,
419, 421, 422, 423, 425, 439, and 484. These revisions are consistent
with the Miscellaneous Industrial Adhesives and Miscellaneous Metal and
Plastic Parts Coatings CTGs issued by EPA in 2008. These revisions are
approvable because they serve as SIP strengthening measures for
Wisconsin's VOC rules. Also, EPA is proposing to approve Wisconsin's
request for the removal of the previously approved Administrative
Orders AM-20-01, AM-20-02, and AM-20-03, submitted in a letter from
WDNR on August 10, 2022. When EPA approves this action, it concurrently
removes these three Administrative Orders from the Wisconsin SIP,
because the SIP revisions under Board Order AM-20-18
[[Page 5843]]
replace AM-20-01, AM-20-02, and AM-20-03.
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 Wisconsin Administrative Code rules NR 400, NR 419, NR 421,
NR 422, NR 423, NR 425, NR 439, and NR 484 as published in the
Wisconsin Register #797B on May 31, 2022, effective June 1, 2022,
discussed in section III of this preamble. EPA has made, and will
continue to make, these documents generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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, Ozone, Volatile organic
compounds.
Dated: January 24, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-01723 Filed 1-27-23; 8:45 am]
BILLING CODE 6560-50-P
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