Rule2023-11893
Air Plan Approval; Wisconsin; VOC RACT for Miscellaneous Industrial Adhesives and Miscellaneous Metal and Plastic Parts Coatings
Primary source
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Published
June 6, 2023
Effective
July 6, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions related to 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 SIP revisions consist of several additions, corrections, and clarifications to 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 approving 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 Clean Air Act (CAA) Section 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 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. EPA proposed to approve this action on January 30, 2023, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36962-36964]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11893]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0581; FRL-10168-02-R5]
Air Plan Approval; Wisconsin; VOC RACT for Miscellaneous
Industrial Adhesives and Miscellaneous Metal and Plastic Parts Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions related to 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 SIP revisions consist
of several additions, corrections, and clarifications to 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 approving 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 Clean Air Act (CAA) Section 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 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. EPA
proposed to approve this action on January 30, 2023, and received no
adverse comments.
DATES: This final rule is effective on July 6, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0581. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="http://www.regulations.gov">www.regulations.gov</a> or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Katie Mullen,
at (312) 353-3490 before visiting the Region 5 office.
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#3a574f56565f5414515b4e52565f5f547a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="e08d958c8c858ece8b8194888c85858ea0859081ce878f96">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On January 30, 2023, EPA proposed to approve SIP revisions that
consist of several additions, corrections, and clarifications to 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 proposed to approve
Wisconsin's August 10, 2022, request to remove three previously EPA
approved Wisconsin Administrative Orders from the SIP. An explanation
of the CAA requirements, a detailed analysis of the revisions, and
EPA's reasons for proposing approval were provided in the notice of
proposed rulemaking (88 FR 5840) and will not be restated here. The
public comment period for this proposed rule ended on March 1, 2023.
EPA received no adverse comments on the proposal. Therefore, we are
finalizing our action as proposed.
II. Final Action
EPA is approving in the Wisconsin SIP additions, corrections, and
clarifications related to rules in WAC Chapters 400, 419, 421, 422,
423, 425, 439, and 484. Specifically we are approving NR
400.02(intro.), NR 419.02(intro.), NR 421.02(intro.), NR 422.01, NR
422.02, NR 422.03, NR 422.04, NR 422.05, NR 422.06, NR 422.08, NR
422.083, NR 422.084, NR 422.127, NR 422.128, NR 422.14, NR 422.145, NR
422.15, NR 422.151, NR 423.035(2)(a)1., NR 423.037(2)(a)1., NR
425.04(3)(a), NR 439.04(4) and (5), and NR 484.10 Table 5 Rows (9) and
(25m), as published in the Wisconsin Register, May 2022 No. 797,
effective June 1, 2022. 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 approving 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
[[Page 36963]]
removes these three Administrative Orders from the Wisconsin SIP. The
SIP revisions under Wisconsin Board Order AM-20-18 replace AM-20-01,
AM-20-02, and AM-20-03.
III. Incorporation by Reference
In this rule, 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 sections I and II of this preamble and set
forth in the amendments to 40 CFR part 52, below. 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).
Also in this document, as described in the amendments to 40 CFR
part 52 set forth below, EPA is removing provisions of the EPA-Approved
Wisconsin Regulations and Statutes from the Wisconsin State
Implementation Plan, which is incorporated by reference in accordance
with the requirements of 1 CFR part 51.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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); and
<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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
WDNR did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 7, 2023. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: May 31, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 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 removing and reserving paragraphs
(c)(139) and (140) and by adding paragraph (c)(148).
The addition reads as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(148) On June 28, 2022, WDNR submitted a SIP revisions request that
consists of several additions, corrections, and clarifications within
the Wisconsin Administrative code NR 400 series and updates the VOC
RACT requirements for Miscellaneous Industrial Adhesives and
Miscellaneous Metal and Plastic Parts Coatings CTG
[[Page 36964]]
source categories. Also, on August 10, 2022, WDNR submitted a request
to remove from the SIP three Administrative Orders (AM-20-01, AM-20-02,
AM-20-03) previously approved in paragraphs (c)(139) and (140) of this
section. These SIP revisions apply to nonattainment areas in Wisconsin
classified as moderate or above under the 2008 or later ozone standard.
These revisions are consistent with the CTG documents issued by EPA in
2008 and are approvable because they serve as SIP strengthening
measures.
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
(A) NR 400.02(intro.), as published in the Wisconsin Register, May
2022 No. 797, effective June 1, 2022.
(B) NR 419.02(intro.), as published in the Wisconsin Register, May
2022 No. 797, effective June 1, 2022.
(C) NR 421.02(intro.), as published in the Wisconsin Register, May
2022 No. 797, effective June 1, 2022.
(D) NR 422.01, NR 422.02, NR 422.03, NR 422.04, NR 422.05, NR
422.06, NR 422.08, NR 422.083, NR 422.084, NR 422.127, NR 422.128, NR
422.14 and 422.145, NR 422.15 and 422.151, as published in the
Wisconsin Register, May 2022 No. 797, effective June 1, 2022.
(E) NR 423.035(2)(a)1., and NR 423.037(2)(a)1., as published in the
Wisconsin Register, May 2022 No. 797, effective June 1, 2022.
(F) NR 425.04(3)(a), as published in the Wisconsin Register, May
2022 No. 797, effective June 1, 2022.
(G) NR 439.04(4) and (5), as published in the Wisconsin Register,
May 2022 No. 797, effective June 1, 2022.
(H) NR 484.10 Table 5 Rows (9) and (25m), as published in the
Wisconsin Register, May 2022 No. 797, effective June 1, 2022.
(ii) [Reserved]
[FR Doc. 2023-11893 Filed 6-5-23; 8:45 a.m.]
BILLING CODE 6560-50-P
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