Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor Recovery Regulations

Cathy Stepp
Environmental Protection Agency
25 May 2018

[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Proposed Rules]
[Pages 24267-24269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11313]



[[Page 24267]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0279; FRL-9978-64--Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor 
Recovery Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a request submitted by the 
Wisconsin Department of Natural Resources (WDNR) on May 16, 2017, to 
revise the Wisconsin State Implementation Plan (SIP). The submission 
includes amendments to the Wisconsin Administrative Code updating the 
definition of ``volatile organic compound (VOC)'' to add eight 
compounds to the list of exempted compounds. These revisions are based 
on EPA rulemakings in 2012, 2013, and 2014, which added these compounds 
to the list of chemical compounds that are excluded from the Federal 
definition of VOC because, in their intended used, they make negligible 
contributions to tropospheric ozone formation. In addition, WDNR is 
also requesting to withdraw several previously approved provisions of 
the Wisconsin Administrative Code from the SIP concerning the State's 
Stage II vapor recovery (Stage II) program that terminated in 2012. EPA 
approved the removal of the Stage II program as a component of the 
Wisconsin SIP in 2013, including the approval of a demonstration under 
section 110(l) of the Clean Air Act (CAA) that addressed emissions 
impacts associated with the removal of the program.

DATES: Comments must be received on or before June 25, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0279 at http://www.regulations.gov, or via email to 
blakley.pamela@epa.gov. 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 
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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source 
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6061, 
acevedo.francisco@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background for this action?
    A. When did the State submit the SIP revision to EPA?
    B. Did Wisconsin hold public hearings on this SIP revision?
II. What is EPA proposing to approve?
III. What is EPA's analysis of the SIP revision?
IV. What action is EPA proposing to take?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is the background for this action?

A. When did the State submit the SIP revision to EPA?

    WDNR submitted to EPA a revision to the Wisconsin SIP for approval 
on May 16, 2017. The SIP revision primarily updates the definition of 
VOC at Wisconsin Administrative Code Chapter NR 400.02(162) and removes 
obsolete State provisions concerning the State's Stage II program that 
terminated in 2012 in Southeast Wisconsin.

B. Did Wisconsin hold public hearings on this SIP revision?

    WDNR conducted a public hearing in Madison, Wisconsin on November 
5, 2015.

II. What is EPA proposing to approve?

    EPA is proposing to approve a Wisconsin SIP revision that updates 
the definition of VOC at Wisconsin Administrative Code Chapter NR 
400.02(162) to add Trans-1,3,3,3-tetrafluoropropene (HFO-1234ze), 
HCF2OCF2H (HFE-134), 
HCF2OCF2OCF2H (HFE-236cal2), 
HCF2OCF2CF2OCF2H (HFE-
338pcc13), 
HCF2OCF2OCF2CF2OCF2
H (H-Galaden 1040X or H-Galden ZT 130 (or 150 or 180), Trans-1-chloro-
3,3,3-triflouroprop-1-ene (SolsticeTM 1233zd(E)), 2,3,3,3-
tetraflouropropene (HFO-1234yf), and 2-amino-2-methyl-1-propanol (AMP; 
CAS number 124-68-5) to the list of excluded compounds at NR 
400.02(162). Wisconsin took this action based on EPA's 2012, 2013, and 
2014 rulemakings in which EPA determined that these compounds have a 
negligible contribution to tropospheric ozone formation and thus should 
be excluded from the definition of VOC codified at 40 CFR 51.100(s). 
See 77 FR 37610 (June 22, 2012); 78 FR 9823 (February 12, 2013); 78 FR 
62451 (October 22, 2013); 78 FR 53029 (August 28, 2013); and 79 FR 
18037 (March 27, 2014). This action also proposes to approve minor 
grammatical edits for clarity in NR 420.02(39), NR 420.03(4)(b)3, NR 
420.04(1)(b)4, and NR 420.04(3)(c)1.
    EPA is also proposing to approve the withdrawal of several 
remaining provisions from the Wisconsin SIP that are related to the 
Stage II vapor recovery program that was terminated by Wisconsin in 
2012. Wisconsin originally submitted a SIP revision to EPA on November 
18, 1992, to satisfy the requirement of section 182(b)(3) of the CAA. 
The revision applied to the counties of Kenosha, Kewanee, Manitowoc, 
Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha, and was 
incorporated into the WDNR's 1993-94 ozone 15% Control Plan. EPA fully 
approved Wisconsin's Stage II program on August 13, 1993 (53 FR 43080), 
including the program's legal authority and administrative requirements 
found in Section 285.31 of the Wisconsin Statutes and Chapter NR 
420.045 of the Wisconsin Administrative Code.
    On November 12, 2012, WDNR submitted a SIP revision requesting the 
removal of Stage II requirements under NR 420.045 of the Wisconsin 
Administrative Code from the Wisconsin SIP. To support the removal of 
the Stage II requirements, the revision included a section 110(l) 
demonstration addressing the emissions impacts associated with the 
removal of the program. On November 4, 2013 (78 FR 65875), EPA approved 
the removal of the Stage II requirements under NR 420.045 of the 
Wisconsin Administrative Code from the Wisconsin SIP. In this action 
EPA proposes to approve the removal of the

[[Page 24268]]

residual Stage II provisions that remained in place after the program 
was decommissioned. These provisions are NR 420.02(8m), 420.02(26), 
420.02(32), 420.02(38m), NR 425.035, NR 439.06(3)(i), NR 484.05(4), NR 
484.05(5), and NR 494.04.

III. What is EPA's analysis of the SIP revision?

    In 2005, EPA received a petition asking EPA to exempt 
HCF2 OCF2H (HFE-134), 
HCF2OCF2OCF2H (HFE-236cal2), 
HCF2OCF2CF2OCF2H (HFE-
338pcc13), and 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) from the 
definition of VOC. Based on the level of reactivity of these chemical 
compounds, EPA concluded that these compounds make negligible 
contributions to tropospheric ozone formation (78 FR 9823, February 12, 
2013). Therefore, on February 12, 2013, EPA amended 40 CFR 51.100(s)(1) 
to exclude these compounds from the definition of VOC for purposes of 
preparing SIPs to attain the national ambient air quality standard for 
ozone under title I of the CAA (78 FR 9823). EPA's action became 
effective March 14, 2013. Wisconsin's SIP revision is consistent with 
EPA's action amending the definition of VOC at 40 CFR 51.100(s).
    In 2009, EPA received a petition asking EPA to exempt 2,3,3,3-
tetrafluoropropene (HFO-1234yf) from the definition of VOC. Based on 
the level of reactivity of this chemical compound, EPA concluded that 
this compound makes a negligible contribution to tropospheric ozone 
formation (78 FR 62451, October 22, 2013). Therefore, on October 22, 
2013, EPA amended 40 CFR 51.100(s)(1) to exclude this compound from the 
definition of VOC for purposes of preparing SIPs to attain the national 
ambient air quality standard for ozone under title I of the CAA (78 FR 
62451). EPA's action became effective November 21, 2013. Wisconsin's 
SIP revision is consistent with EPA's action amending the definition of 
VOC at 40 CFR 51.100(s).
    In 2009, EPA received a petition asking EPA to exempt Trans-
1,3,3,3-tetrafluoropropene (HFO-1234ze) from the definition of VOC. 
Based on the level of reactivity of this chemical compound, EPA 
concluded that this compound makes a negligible contribution to 
tropospheric ozone formation (77 FR 37610, June 22, 2012). Therefore, 
on June 22, 2012, EPA amended 40 CFR 51.100(s)(1) to exclude this 
compound from the definition of VOC for purposes of preparing SIPs to 
attain the national ambient air quality standard for ozone under title 
I of the CAA (77 FR 37610). EPA's action became effective July 23, 
2012. Wisconsin's SIP revision is consistent with EPA's action amending 
the definition of VOC at 40 CFR 51.100(s).
    In 2011, EPA received a petition asking EPA to exempt Trans 1-
chloro-3,3,3-trifluoroprop-1-ene from the definition of VOC. Based on 
the level of reactivity of this chemical compound, EPA concluded that 
this compound makes a negligible contribution to tropospheric ozone 
formation (78 FR 53029, August 28, 2013). Therefore, on August 28, 
2013, EPA amended 40 CFR 51.100(s)(1) to exclude this compound from the 
definition of VOC for purposes of preparing SIPs to attain the national 
ambient air quality standard for ozone under title I of the CAA (78 FR 
53029). EPA's action became effective September 27, 2013. Wisconsin's 
SIP revision is consistent with EPA's action amending the definition of 
VOC at 40 CFR 51.100(s).
    In 2012, EPA received a petition asking EPA to exempt 2-amino-2-
methyl-1-propanol (AMP; CAS number 124-68-5) from the definition of 
VOC. Based on the level of reactivity of this chemical compound, EPA 
concluded that this compound makes a negligible contribution to 
tropospheric ozone formation (79 FR 18037, March 27, 2014). Therefore, 
on March 27, 2014, EPA amended 40 CFR 51.100(s)(1) to exclude this 
compound from the definition of VOC for purposes of preparing SIPs to 
attain the national ambient air quality standard for ozone under title 
I of the CAA (79 FR 17037). EPA's action became effective June 25, 
2014. Wisconsin's SIP revision is consistent with EPA's action amending 
the definition of VOC at 40 CFR 51.100(s).
    As stated above, EPA has determined that the compounds outlined in 
Wisconsin's SIP revision all qualify as negligibly reactive with 
respect to their contribution to tropospheric ozone formation. Although 
states are not obligated to exclude from control as VOCs those 
compounds that the EPA has found to be negligibly reactive, states may 
not take credit for controlling these compounds in their ozone control 
strategies.
    In addition, the proposed approval of changes in NR 420.02(39), NR 
420.03(4)(b)3, NR 420.04(1)(b)4, and NR 420.04(3)(c)1 are 
administrative in nature only, and do not have any negative impact on 
air quality.
    As discussed previously in this action, WDNR submitted a SIP 
revision on November 12, 2012, requesting the removal of Stage II 
requirements under NR 420.045 of the Wisconsin Administrative Code from 
the Wisconsin SIP. To support the removal of the Stage II requirements, 
the revision included a section 110(l) demonstration addressing the 
emissions impacts associated with the removal of the program. On 
November 4, 2013 (78 FR 65875) EPA approved the removal of the Stage II 
requirements from the Wisconsin SIP. In this action EPA is proposing to 
approve the removal of residual Stage II provisions NR 420.02(8m), 
420.02(26), 420.02(32), 420.02(38m), NR 425.035, NR 439.06(3)(i), NR 
484.05(4), NR 484.05(5), and NR 494.04, which remained in place after 
the program was decommissioned at the state level. The removal of these 
provisions from the SIP does not have any negative impact on air 
quality in Southeast Wisconsin, since the state addressed the overall 
emissions impact resulting from the 2012 termination of the Stage II 
program. See 78 FR 65875.

IV. What action is EPA proposing to take?

    EPA is proposing to approve the revision to the Wisconsin SIP 
submitted by WDNR on May 16, 2017, because the revision is consistent 
with EPA's prior actions revising the definition of VOC. In addition, 
the removal of remaining Stage II program provisions from the SIP meets 
all applicable requirements, and it will not interfere with reasonable 
further progress or attainment of any of the national ambient air 
quality standards.

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 revisions to Wisconsin Administrative Code provisions NR 
400.02(162), NR 420.02(39), NR 420.0 3(4)(b)3, NR 420.04(1)(b)4, and NR 
420.04(3)(c)1, published in the Wisconsin Register #727 on July 25, 
2016 and became effective August 1, 2016. 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

[[Page 24269]]

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, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: May 16, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-11313 Filed 5-24-18; 8:45 am]
 BILLING CODE 6560-50-P