[Federal Register: October 5, 2004 (Volume 69, Number 192)]
[Rules and Regulations]
[Page 59546-59549]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc04-4]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI117-01-7347a, FRL-7637-2]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Northern Engraving Environmental Cooperative Agreement
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a June
27, 2003, request from Wisconsin to revise its State Implementation
Plan (SIP) for a source specific revision for Northern Engraving
Corporation (NEC). The Clean Air Act (Act), provides the authority for
a state to provide a plan for the implementation, maintenance, and
enforcement of the national ambient air quality standards in each air
quality control region. The Wisconsin Department of Natural Resources
(WDNR) and EPA entered into a memorandum of agreement concerning
implementation of a joint cooperative pilot program and agreed to
pursue regulatory innovation at two NEC facilities in Holmen, Wisconsin
and Sparta, Wisconsin. Since then, the WDNR has amended the agreement
to include two additional NEC facilities in Galesville, Wisconsin and
West Salem, Wisconsin. Because portions of the Environmental
Cooperative Agreement with NEC supercede portions of rules in the
Wisconsin SIP, a source-specific SIP revision is required.
DATES: This rule is effective on December 6, 2004, unless EPA receives
adverse written comments by November 4, 2004. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: You may inspect copies of the documents relevant to this
action during normal business hours at the following location: United
States Environmental Protection Agency Region 5, 77 West Jackson
Boulevard, Chicago, Illinois, 60604.
Send written comments to: Pamela Blakely, Chief, Permits and Grants
Section, United States Environmental Protection Agency (AR-18J), 77
West Jackson Boulevard, Chicago, Illinois 60604.
Comments may also be submitted electronically or through hand
delivery/courier, please follow the detailed instructions described in
part (I)(B)(1)(i)
[[Page 59547]]
through (iii) of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Constantine Blathras at (312) 886-
0671. blathras.constantine@epa.gov.
SUPPLEMENTARY INFORMATION: This SUPPLEMENTARY INFORMATION section is
organized as follows:
I. General Information
II. Background
III. EPA Rulemaking Action
IV. Statutory and Executive Order Reviews
I. General Information
A. How Can I Get Copies Of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under ``Region 5 Air Docket WI117.'' The official public file consists
of the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public rulemaking file is the collection of materials that is available
for public viewing at the Air Programs Branch, Air and Radiation
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604. EPA requests that if at all possible, you contact the contact
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket WI117'' in
the subject line on the first page of your comment. Please ensure that
your comments are submitted within the specified comment period.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
nash.carlton@epa.gov. Please include the text ``Public comment on
proposed rulemaking Region 5 Air Docket WI117'' in the subject line.
EPA's e-mail system is not an ``anonymous access'' system. If you send
an e-mail comment directly without going through Regulations.gov, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then click on the button
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental
Protection Agency as the Agency name to search on. The list of current
EPA actions available for comment will be listed. Please follow the
online instructions for submitting comments. The system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Pamela Blakely, Chief, Permits
and Grants Section, Air Programs Branch, (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Please include the text ``Public comment on proposed
rulemaking Regional Air Docket WI117'' in the subject line on the first
page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Pamela
Blakely, Chief, Permits and Grants Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30 excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be
[[Page 59548]]
submitted for inclusion in the official public regional rulemaking
file. If you submit the copy that does not contain CBI on disk or CD
ROM, mark the outside of the disk or CD ROM clearly that it does not
contain CBI. Information not marked as CBI will be included in the
public file and available for public inspection without prior notice.
If you have any questions about CBI or the procedures for claiming CBI,
please consult the person identified in the FOR FURTHER INFORMATION
CONTACT section.
II. Background
On March 25, 1999, the WDNR and the EPA entered into a memorandum
of agreement concerning implementation of the joint state/EPA agreement
to pursue regulatory innovation and the Wisconsin Environmental
Cooperation Pilot Program. On June 7, 2002, Thomas V. Skinner, Regional
Administrator, EPA Region 5, sent a letter to Darrell Bazzell,
Secretary, WDNR, containing EPA's final response to the WDNR's
innovation proposal for alternative permit conditions at the NEC
facilities. The NEC facilities affected by that agreement were the
Holmen and Sparta facility. On January 24, 2003, EPA published a direct
final rule in the Federal Register (68 FR 3404) approving the request
from Wisconsin to revise its SIP for a source specific revision for
NEC's Sparta and Holmen facilities. No comments were received during
the comment period for those facilities.
The purpose of this action is to include two additional facilities
into the source specific SIP revision under the agreement between WDNR
and NEC. The Galesville facility is located at 1200 W. Gale Avenue,
Trempeauleau County, Galesville, Wisconsin, and the West Salem facility
is located at 600 Brickl Road, La Crosse County, West Salem, Wisconsin.
Both Trempealeau and La Crosse counties have been classified as
unclassifiable/attainment for ozone, since November 15, 1990. Volatile
organic compounds are a precursor to ozone. Each facility's permit
includes facility-wide emission rates for volatile organic compounds
and hazardous air pollutants. The Northern Engraving Galesville
facility manufactures decorative plastic automotive trim and nameplates
for the automotive and appliance industries. Operations include
screening of plastic sheets, punch pressing, laser cutting and etching,
inspection, spray touch-up, shipping and receiving. The Northern
Engraving West Salem facility manufactures plastic and metal decorative
automotive trim. Operations include screen printing, roll coating,
spray coating, lithographic printing and pad printing processes.
The innovative components of the proposal for the NEC Galesville
and West Salem facilities include: (1) Waiver from the requirements
that facilities obtain a new permit prior to construction; (2) waiver
from the requirement that facilities receive an appropriate permit
prior to operating new process equipment; (3) waiver in the facilities'
minor source permits of individual process line latest available
control technology requirements for controlling volatile organic
compound emissions; and (4) recordkeeping and reporting flexibility.
The Environmental Cooperative Agreement, specifically section XII
(Operational Flexibility and Variances), proposes to establish new
requirements for the two NEC facilities. The proposed new requirements
would replace or revise certain requirements that might otherwise apply
to those sources. Some of the requirements to be replaced or revised
are currently embodied in Wisconsin's SIP for meeting air quality
objectives. In such cases, the proposed flexibility in the
Environmental Cooperative Agreement cannot be granted by WDNR unless
the new requirements are first approved by EPA as a source-specific
revision to the SIP. The innovative components of the agreement listed
above provide the additional NEC facilities the flexibility to commence
construction or operating of the process equipment prior to obtaining a
construction. The facility would continue to comply with the facility
wide emission limitations in the permit. Additionally, certain
processes at the West Salem facility would not have to comply with the
reasonable available control technology requirements for controlling
volatile organic compounds. The individual process lines at both NEC
facilities would not have to apply the latest available control
technique for controlling volatile organic compound emissions. The NEC
facilities are now required to keep monthly records of emissions for
each facility.
The WDNR submitted portions of section XII of the Environmental
Cooperative Agreement (Operational Flexibility and Variances) as a
source-specific SIP revision.
III. EPA Rulemaking Action
The EPA is approving a June 27, 2003, request from Wisconsin to
revise its State Implementation Plan (SIP) for a source specific
revision for Northern Engraving Corporation (NEC). Section 110 of the
Act, 42 U.S.C. 7410, provides the authority for a state to provide a
plan for the implementation, maintenance, and enforcement of the
national ambient air quality standards in each air quality control
region. The Wisconsin Department of Natural Resources (WDNR) and EPA
entered into a memorandum of agreement concerning implementation of a
joint cooperative pilot program and agreed to pursue regulatory
innovation at two NEC facilities in Holmen, Wisconsin and Sparta,
Wisconsin. Since then, the WDNR has amended the agreement to include
two additional NEC facilities in Galesville, Wisconsin and West Salem,
Wisconsin. Because portions of the Environmental Cooperative Agreement
with NEC supercede portions of rules in the Wisconsin SIP, a source-
specific SIP revision is required.
The EPA is publishing this SIP revision approval without prior
proposal, because EPA views this as a noncontroversial revision and
anticipates no adverse comments. However, in a separate document in
this Federal Register publication, EPA is proposing to approve the SIP
revision should adverse written comments be filed. The approval of this
SIP revision will be effective without further notice unless EPA
receives relevant adverse written comments by November 4, 2004. Should
EPA receive such comments, we will publish a final rule informing the
public that this action will not take effect. 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 on December 6, 2004.
V. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law.
[[Page 59549]]
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have federalism implications because it
does 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 (64 FR 43255, August
10, 1999). This action 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.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 6, 2004. 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 late in proceedings to enforce its
requirements.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Volatile organic compounds.
Dated: March 1, 2004.
Jo Lynn Traub,
Acting Regional Administrator, Region 5.
Editorial Note: This document was received at the Office of the
Federal Register on September 29, 2004.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YY--Wisconsin
0
2. Section 52.2570 is amended by adding paragraph (c)(110) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(110) On June 27, 2003, the Wisconsin Department of Natural
Resources (WDNR) submitted a site specific revision to its state
implementation plan for emissions from Northern Engraving Corporation's
(Northern Engraving) Galesville and West Salem facilities in the form
of operating permit conditions, based upon an Environmental Cooperative
Agreement reached between WDNR and Northern Engraving for incorporation
into the federally enforceable State Implementation Plan (SIP). An
exemption for pre-construction permitting activities for certain
physical changes or changes in the method of operation at the Northern
Engraving Corporation's Galesville and West Salem facilities is
established. Specific permit conditions for these two facilities are
incorporated by reference in the SIP.
(i) Incorporation by reference.
(A) Specific Permit Conditions under the Environmental Cooperative
Agreement for Northern Engraving Corporation's (NEC) Galesville
facility contained in Part I.A. of Wisconsin Air Pollution Control
Operation Permit NO. 662008930-F02 issued April 26, 2002 to NEC, 1200
West Gale Avenue, Galesville, Trempeauleau County, Wisconsin. This
permit expires April 26, 2007.
(B) Specific Permit Conditions under the Environmental Cooperative
Agreement for Northern Engraving Corporation's (NEC) West Salem
facility contained in Part I.A. of Wisconsin Air Pollution Control
Operation Permit NO. 632024800-F01 issued June 23, 2003 to NEC, 600
Brickl Road, West Salem, La Cross County, Wisconsin. This permit
expires June 23, 2008.
[FR Doc. 04-22250 Filed 10-4-04; 8:45 am]
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