65FR36351 Approval and Promulgation of State Implementation Plans; Wisconsin; Site-Specific Revision for Uniroyal Engineered Products
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Posting-number: Volume 65, Issue 111, Page 36351
[Federal Register: June 8, 2000 (Volume 65, Number 111)]
[Rules and Regulations]
[Page 36351-36353]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn00-15]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI88-01-7319a; FRL-6706-3]
Approval and Promulgation of State Implementation Plans;
Wisconsin; Site-Specific Revision for Uniroyal Engineered Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a revision to the volatile organic
compound (VOC) control requirements for Uniroyal Engineered Products,
Inc., located in Stoughton, Wisconsin. The Wisconsin Department of
Natural Resources (WDNR) submitted this State Implementation Plan (SIP)
revision on October 30, 1999 and revised it on February 17, 2000. Our
approval of this revision makes federally enforceable the State's
February 7, 2000, Consent Order AM-99-900, which establishes alternate
control requirements for Uniroyal.
If we receive adverse comments on this action, we will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.
DATES: This ``direct final'' rule will be effective August 7, 2000,
unless we receive adverse or critical comments by July 10, 2000. If the
rule is withdrawn, timely notice will be published in the Federal
Register.
ADDRESSES: Send written comments to Carlton Nash, Chief, Regulation
Development Section, Air Programs Branch (AR-18J), United Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
(We recommend that you telephone Kathleen D'Agostino, at (312) 886-
1767, before visiting the Region 5 Office.)
A copy of this SIP revision is available for inspection at the
Office of Air and Radiation (OAR) Docket and Information Center (Air
Docket 6102), United States Environmental Protection Agency, Ariel Rios
Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, (202)
260-7548.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Regulation
Development Section (AR-18J), Air Programs Branch, Air and Radiation
Division, United States Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767.
SUPPLEMENTARY INFORMATION:
This Supplementary Information section is organized as follows:
A. What Action is EPA Taking?
B. How Does this Action Change Pollution Control Requirements
for Uniroyal?
C. Will this Action Adversely Impact Air Quality in the Area?
D. What is EPA's Final Determination?
A. What Action Is EPA Taking?
EPA is approving a revision to Wisconsin's SIP to relax VOC control
requirements for Uniroyal.
B. How Does This Action Change Pollution Control Requirements for
Uniroyal?
In the early 1980s Wisconsin adopted Reasonably Available Control
Technology (RACT) regulations for the entire state. We approved these
regulations and incorporated them into Wisconsin's SIP for ozone.
Uniroyal manufactures vinyl coated fabrics and, under these rules, is
subject to a limit of 3.8 pounds of VOC per gallon of coating,
excluding water, for coatings used on vinyl coating lines.
Our approval of alternate control requirements for Uniroyal exempts
the company from the 3.8 pounds of VOC per gallon of coating limit for
its vinyl coating lines and requires the following:
1. At least 95% of all vinyl yardage requiring topcoats must be
coated with waterborne topcoats on a monthly basis or if the 95%
requirement is not met, an incinerator must control emissions to the
level that would have been attained had the 95% requirement been met.
2. No more than 65,630 pounds of VOC may be released into the
ambient air per month.
3. No more than 5,435 pounds of VOC may be released into the
ambient air per day.
4. Specific records and monitoring data must be kept and compliance
testing must be performed.
C. Will This Action Adversely Impact Air Quality in the Area?
Uniroyal is located in Dane County which is designated as
attainment for ozone. The county is, and has been monitoring attainment
of both the 1-hour and 8-hour ozone standards. Since 1987, Uniroyal has
been operating under a State-approved variance which allows emissions
equivalent to the emissions allowed under the SIP revision that we are
approving with this action. Consequently, our approval of the alternate
control requirements for
[[Page 36352]]
Uniroyal should not interfere with attainment or continued maintenance
of the ozone standard.
D. What Is EPA'S Final Determination?
Based on the rationale set forth above and in EPA's Technical
Support Document, we are approving a revision to the VOC control
requirements for Uniroyal Engineered Products. Our approval of this
revision makes federally enforceable the State's February 7, 2000,
Consent Order AM-99-900, which establishes alternate control
requirements for Uniroyal.
We are publishing this action without prior proposal, because we
view this as a noncontroversial revision and anticipate no adverse
comments. However, in a separate document in this Federal Register
publication, we are proposing to approve the State variance should
adverse written comments be filed.
This action will be effective August 7, 2000 without further notice
unless relevant adverse comments are received by July 10, 2000. If we
receive such comments, we will withdraw this action before the
effective date by publishing a subsequent document that will withdraw
the final action. We will then address all public comments received in
a subsequent final rule based on the proposed action. We will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. If we do not receive
comments, this action will be effective August 7, 2000.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
Administrative Requirements
E. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
F. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
G. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly affects or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments, or EPA consults
with those governments. If EPA complies by consulting, Executive Order
13084 requires EPA to provide to the Office of Management and Budget,
in a separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
H. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
I. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would
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constitute Federal inquiry into the economic reasonableness of state
action. The Clean Air Act forbids EPA to base its actions concerning
SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246,
255-66 (1976); 42 U.S.C. 7410(a)(2).
J. Unfunded Mandates
Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
K. Submission to Congress and the Comptroller General
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. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding this action under
section 801 because this is a rule of particular applicability.
L. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
M. Petitions for Judicial Review
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, 2000. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compound.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 12, 2000.
Robert Springer,
Acting Regional Administrator, Region 5.
Accordingly, title 40 of CFR part 52, Subpart YY, is amended as
follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart YY--Wisconsin
2. Section 52.2570 is amended by adding paragraph (c)(100) to read
as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(100) On October 30, 1998, Wisconsin submitted a source-specific
State Implementation Plan revision for Uniroyal Engineered Products,
Inc., located in Stoughton, Wisconsin. The State supplemented the
original submittal with Consent Order Number AM-99-900 on February 17,
2000. This source-specific variance relaxes volatile organic compound
reasonably available control technology requirements for Uniroyal.
(i) Incorporation by reference.
(A) Consent Order Number AM-99-900, issued by the Wisconsin
Department of Natural Resources to Uniroyal Engineered Products on
February 17, 2000.
[FR Doc. 00-14175 Filed 6-7-00; 8:45 am]
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