[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 [www.gpo.gov]
[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 https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

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, 
[email protected]. 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:

 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)
 NR 422.084(2)(a), (2)(b), (2)(c), (2)(d), (2)(e)
 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.
     NR 422.084 is a regulation that incorporates the 
Miscellaneous Metal and Plastic Parts Coatings CTG's VOC control 
measures for plastic parts coatings.
     NR 422.128 is a regulation that incorporates the 
Miscellaneous Industrial Adhesives CTG's VOC control measures for 
adhesive use.
     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

     Revisions to NR 422.04(1)(a) update current Methods of 
Compliance to include references to the Part II rules.
     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.
     Revisions to NR 425.04(3)(a) update Exceptions and non-
ozone season allowances language include references to the Part II 
rules.
     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

     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.
     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.
     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.
     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 
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).

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:
     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);
     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).

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


