Approval and Promulgation of Implementation Plans; Ohio; Volatile Organic Compound Emission Control Measures for Cleveland, 21295-21300 [E9-10658]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Proposed Rules]
[Pages 21295-21300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10658]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0812; FRL-8902-3]


Approval and Promulgation of Implementation Plans; Ohio; Volatile 
Organic Compound Emission Control Measures for Cleveland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On March 23, 2009, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted several volatile organic compound (VOC) rules for 
approval into the State Implementation Plan (SIP). The purpose of these 
rules is to satisfy the VOC reasonably available control technology 
(RACT) requirement for the Cleveland-Akron 8-hour ozone nonattainment 
area. These rules are approvable because they satisfy the control and 
enforceability requirements of RACT, including Ohio's requirement

[[Page 21296]]

to adopt VOC RACT rules for the Control Technique Guideline (CTG) 
documents issued by EPA in 2006 and 2007.

DATES: Comments must be received on or before June 8, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0812, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: mooney.john@epa.gov.
     Fax: (312) 692-2551.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section, 
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0812. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov website 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy 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. We recommend that you telephone Steven Rosenthal at (312) 
886-6052 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6052.

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 Should I Consider as I Prepare My Comments for EPA?
II. What Action is EPA Taking Today?
III. What is the Purpose of this Action?
IV. What is EPA's Analysis of Ohio's Submitted VOC Rules?
V. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What Action Is EPA Taking Today?

    EPA is proposing to approve several revised and new VOC rules into 
the Ohio SIP. Several rule revisions expand applicability to include 
sources in the Cleveland-Akron 8-hour ozone nonattainment area, in 
particular for commercial bakery oven facilities, synthetic organic 
chemical manufacturing industry (SOCMI) reactors and distillation 
units, process vents in batch operations, wood furniture manufacturing 
operations, and industrial wastewater operations. Ohio adopted new 
rules for aerospace manufacturing and rework facilities, ship building 
and ship repair operations, plastic parts coating, and the storage of 
volatile organic liquids. In addition, Ohio adopted new rules and 
revisions to existing rules to address the CTGs issued by EPA in 2006 
and 2007. These CTG categories are lithographic printing, industrial 
solvent cleaning, flat wood paneling, paper coating, metal furniture 
coating, large appliance coating, and flexible package printing. Ohio 
adopted several other minor revisions.

III. What Is the Purpose of This Action?

    The primary purpose of these rules is to satisfy the requirement in 
section 182(b) of Part D of title I of the Clean Air Act (CAA) that VOC 
RACT rules be adopted for the Cleveland-Akron 8-hour ozone 
nonattainment area. These rules satisfy the requirement for VOC RACT 
rules for existing, pre-2006, CTG and major non-CTG source categories 
which were due on September 15, 2006, as well as the requirement to 
adopt VOC RACT rules for the CTG documents issued by EPA in 2006 and 
2007.
    On March 24, 2008 (73 FR 15416), EPA made a finding that Ohio 
failed to submit those VOC RACT rules which were due on September 15, 
2006, for the Cleveland-Akron 8-hour ozone nonattainment area. Ohio 
submitted the fully adopted required VOC RACT rules to EPA on September 
4, 2008. In a

[[Page 21297]]

November 19, 2008, letter to Ohio, EPA confirmed that Ohio's September 
4, 2008, submittal satisfies the requirement for VOC RACT for existing, 
pre-2006, CTG and major non-CTG source categories which was due on 
September 15, 2006. Failure to submit a complete VOC RACT submittal 
would have triggered the offset sanction identified in CAA section 
179(b)(2) on September 24, 2009, and the highway funding sanction in 
accordance with CAA section 179(b)(1) on March 24, 2010. EPA will be 
required by CAA section 110(c) to promulgate a Federal Implementation 
Plan (FIP) if it has not approved these VOC RACT rules into Ohio's SIP 
by March 24, 2010.
    Finalization of the action proposed here would end any obligation 
for EPA to promulgate a FIP addressing this VOC RACT requirement.
    After September 4, 2008, Ohio completed additional rulemaking on 
rules to address CTGs issued in September 2006 and September 2007. 
Ohio's submittal of March 23, 2009, incorporates the rule revisions 
submitted September 4, 2008, as well as the VOC rule revisions adopted 
thereafter.

IV. What Is EPA's Analysis of Ohio's Submitted VOC Rules?

(1) 3745-21-01--Definitions

    Revisions to this section primarily consist of new definitions that 
are needed to support the new and revised rules. These definitions are 
consistent with EPA RACT guidance and are approvable.

(2) 3745-21-02--Ambient Air Quality Standards and Guidelines

    This section is approvable because the carbon monoxide and 8-hour 
ozone standards are consistent with EPA standards.

(3) 3745-21-03--Methods of Ambient Air Quality Measurement

    This section is approvable because the carbon monoxide and ozone 
measurement methods follow EPA procedures.

(4) 3745-21-04--Compliance Schedules and 3745-21-06--Classification of 
Regions

    Section 3745-21-04 requires that compliance be achieved by April 2, 
2010, for the new paper coating, metal furniture coating, large 
appliance coating, cold cleaning, and packaging rotogravure control 
requirements in 3745-21-09. This allows sources to achieve compliance 
within one year after the effective date of these new requirements, 
which is consistent with EPA RACT policy and is therefore approvable.

(5) 3745-21-08--Control of Carbon Monoxide Emissions From Stationary 
Sources

    The requirement that the waste gas stream from a catalyst 
regeneration process associated with a petroleum cracking system be 
burned at 1300 degrees Fahrenheit was deleted because a conflicting, 
but more appropriate, control requirement is in effect for these units 
in the New Source Performance Standards and the National Emission 
Standards for Hazardous Air Pollutants for Petroleum Refineries. This 
section is therefore approvable.

(6) 3745-21-09--Control of VOCs From Stationary Sources

    (A) Applicability--The applicability provisions in this paragraph 
are consistent with EPA guidance and are therefore approvable. Section 
(A)(6), which applies to paragraph (HH) for plastic parts coating (a 
non-CTG source category until September 2008), correctly specifies the 
way to establish applicability for major non-CTG sources. Major non-CTG 
applicability is determined by adding the potential VOC emissions from 
all non-CTG sources at a facility to the unregulated VOC emissions at a 
facility. For moderate ozone nonattainment areas, such as the 
Cleveland-Akron 8-hour ozone nonattainment area that is the subject of 
this state rule, the non-CTG sources at such a facility are subject to 
RACT if the combined unregulated CTG and non-CTG potential VOC 
emissions equal or exceed 100 tons per year.
(F) Paper Coating
    (F)(2)--This section adds additional control requirements to paper 
coating lines in the Cleveland-Akron 8-hour ozone nonattainment area.
    (F)(2)(a) requires that any paper coating line with potential 
emissions equal to or greater than 25.0 tons per year of VOC before the 
application of capture and control devices shall either: (i) Employ a 
control system in order to reduce total VOC emissions from the paper 
coating line by at least 90 percent or maintain an outlet concentration 
of 20 parts per million by volume (ppmv) or (ii) employ low VOC 
coatings.
    (F)(2)(b) contains work practice standards for cleaning materials.
    These revisions to paragraph (F) are consistent with those 
contained in the 2007 CTG for Paper, Film, and Foil Coating and are 
therefore approvable.
(I) Metal Furniture Coating
    (I)(4)--This section adds additional control requirements for metal 
furniture coating lines in the Cleveland-Akron 8-hour ozone 
nonattainment area.
    (I)(4)(a)--This section specifies VOC coating limits for both air-
dried and baked metal furniture coating lines, including limits that 
are expressed in terms of pounds of VOC per gallon of coating solids. 
These limits allow the use of low VOC coatings or a combination of 
coatings and add-on control equipment to meet the mass of VOC per 
volume of coating solids limits. Section 3745-21-9(B)(7) also allows 
compliance to be achieved with a control system that achieves an 
overall reduction of 90 percent from the coating line and in which the 
control device has an efficiency of not less than 90 percent.
    (I)(4)(b)--This section exempts the metal furniture coating lines 
at a facility if the combined emissions from all lines are less than 15 
pounds per day of VOC. It also exempts stencil coatings, safety 
indicating coatings, solid film lubricants, touch-up and repair 
coatings, and coating application utilizing hand-held aerosol cans.
    (I)(4)(c)--This section requires the use of coating application 
methods with good transfer efficiency such as electrostatic 
application, flow coating, dip coating, and high volume, low pressure 
(HVLP) application equipment.
    (I)(4)(d) and (e)--These sections specify work practice standards 
for coating-related activities and cleaning materials.
    The metal furniture control requirements in paragraph (I) are 
consistent with those contained in the 2007 CTG for Metal Furniture 
Coating and are therefore approvable.
(K) Large Appliance Coating
    (K)(6)--This section adds additional control requirements to large 
appliance coating lines in the Cleveland-Akron 8-hour ozone 
nonattainment area.
    (K)(6)(a)--This section specifies VOC coating limits for both air-
dried and baked large appliance coating lines. It also contains VOC 
content limits for both air-dried and baked coatings that have the 
units of pounds of VOC per gallon of coating solids. These units allow 
the use of low-VOC coatings or a combination of coatings and add-on 
control equipment to meet the mass of VOC per volume of coating solids 
limits. Section 3745-21-9(B)(7) also allows compliance to be achieved 
with a control system that achieves an overall reduction of 90 percent 
from the coating line and in which the control device has an efficiency 
of not less than 90 percent.

[[Page 21298]]

    (K)(6)(b)--This section exempts the metal furniture coating lines 
at a facility if the combined emissions from all lines are less than 15 
pounds per day of VOC. Paragraph (K)(6)(b) also exempts stencil 
coatings, safety indicating coatings, solid film lubricants, touch-up 
and repair coatings, and coating application utilizing hand-held 
aerosol cans.
    (K)(6)(c)--This section requires the use of coating application 
methods with good transfer efficiency such as electrostatic 
application, flow coating, dip coating, and HVLP application equipment.
    (K)(6)(d) and (e)--These sections specify work practice standards 
for coating-related activities and cleaning materials.
    These control requirements in 3745-21-9(K) are consistent with 
those contained in the 2007 CTG for Large Appliance Coating and are 
therefore approvable.
(O) Solvent Metal Cleaning
    (O)(2)(e)--This section requires that cold cleaners in the 
Cleveland-Akron 8-hour ozone nonattainment area use solvent material 
with a vapor pressure that does not exceed 1.0 mm mercury (Hg). This 
requirement reduces the volatility and, therefore, the VOC emissions 
from cold cleaners in the Cleveland-Akron 8-hour ozone nonattainment 
area and is therefore approvable.
(O)(6) Exemptions
    (O)(6)(c)--This section allows cleaners exceeding 1.0 mm Hg to be 
used to clean cured resin from application equipment at facilities 
subject to and complying with the requirements of the Reinforced 
Plastic Composites Production maximum achievable control technology 
(MACT) (40 CFR part 63, Subpart WWWW). This exemption is approvable 
because the difficulty of using such low vapor pressure cleaners has 
been documented and the increase in emissions would be minimal.
    (O)(6)(d)--This section allows cleaners exceeding 1.0 mm Hg to be 
used to clean medical parts subject to regulation by the Food and Drug 
Administration and also to clean metal parts subject to Federal 
Aviation Administration and Department of Defense cleaning solvent 
specifications. However, this exemption is only allowed if the source 
adequately documents that there is a conflict between these 
specifications and the 1.0 mm Hg vapor pressure requirement in 
(O)(2)(e)(i). This exemption is therefore approvable.
    (U)(2)(f)--This section allows Ohio to grant less stringent 
miscellaneous metal coating limits if the limits in (U)(1) are 
technically or economically infeasible. EPA has objected to previous 
versions of this paragraph because previous versions allowed less 
stringent limits to take effect without formal EPA SIP review. This 
version of paragraph (U)(2)(f) is approvable because it provides that 
alternate limits take effect only if EPA after suitable opportunity for 
review finds the alternate limit to represent RACT.
(Y)(4)--Flexible Package Printing
    This section adds additional control requirements to packaging 
rotogravure and flexographic packaging printing lines in the Cleveland-
Akron 8-hour ozone nonattainment area.
    (Y)(4)(a)--Any packaging rotogravure or flexographic packaging 
printing line with potential emissions equal to or greater than 25 tons 
per year of VOC, before control, must comply with the add-on control 
system requirements in (i) or the low VOC requirements in (ii).
    (Y)(4)(a)(i)--Overall control requirements for each subject press 
range from 65 percent to 80 percent, depending upon the installation 
date of the press and the first installation date of the add-on control 
device.
    (Y)(4)(ii)--Coatings used in these printing lines must meet a limit 
of 0.8 pound of VOC per pound of solids applied or 0.16 pound of VOC 
per pound of coating applied.
    (Y)(4)(b)--This section specifies work practice standards for 
cleaning materials that are applicable to all packaging rotogravure or 
flexographic packaging printing lines in the Cleveland-Akron 8-hour 
ozone nonattainment area.
    The control requirements in (Y)(4) are consistent with those 
contained in the 2006 CTG for Flexible Package Printing and are 
therefore approvable.
(HH)--Surface Coating of Automotive/Transportation and Business Machine 
Plastic Parts
    This section is approvable because the emission limits are 
consistent with EPA's RACT guidance in the Alternative Control 
Technology document for this source category. There is a specific VOC 
content limit for each type of coating, e.g., 4.1 pounds VOC per gallon 
for high bake colorcoat auto interiors. There is also an equivalent 
limit in terms of pounds VOC per gallon of solids if a control system 
is used to achieve compliance, e.g., 9.3 pounds VOC per gallon of 
solids for high bake colorcoat auto interiors.
(DDD) Gasoline Dispensing Facilities
    (4)(e)--This section exempts any gasoline dispensing pump used 
solely for dispensing gasoline with an ethanol content of 85 percent 
from the gasoline dispensing station control requirements in (DDD)(1). 
This exemption is consistent with EPA policy and is therefore 
approvable.
    (4)(f)--This section exempts any gasoline dispensing facility where 
gasoline is dispensed to a fleet of motor vehicles in which 95 percent 
or more of the fleet of motor vehicles being fueled with gasoline is 
equipped with onboard refueling vapor recovery. This exemption is 
consistent with EPA policy and is therefore approvable.

(7) 3745-21-10--Compliance Test Methods and Procedures

    Ohio made no substantive changes to this section. The changes were 
grammatical and primarily revised the manner in which test methods were 
referenced. These revisions are approvable.

(8) 3745-21-12--Control of VOC Emissions From Commercial Bakery Oven 
Facilities

    Ohio added a new section (A)(2) Applicability for the Cleveland-
Akron area to this existing, and EPA approved, rule for the control of 
bakery oven emissions. This new section expands the applicability to 
include bakery oven facilities in the Cleveland-Akron moderate ozone 
nonattainment area. The revised rule satisfies the requirement for RACT 
for these sources and is therefore approvable.

(9) 3745-21-13--Control of VOC Emissions From Synthetic Organic 
Chemical Manufacturing Industry Reactors and Distillation Units

    Ohio expanded the applicability of this EPA-approved rule to 
include the Cleveland-Akron 8-hour ozone nonattainment area, which is 
required by EPA RACT policy and is therefore approvable. Paragraph 
3745-21-13(L) has been revised to require that newly subject sources in 
the Cleveland-Akron area are to notify Ohio EPA that they are subject. 
The sources are also required to describe their equipment as well as 
the means of achieving compliance.

(10) 3745-21-14--Control of VOC Emissions From Process Vents in Batch 
Operations

    Ohio expanded the applicability of this EPA-approved rule to 
include the Cleveland-Akron 8-hour ozone nonattainment area, which is 
required by EPA RACT policy and is therefore approvable. Paragraph 
3745-21-14(K)

[[Page 21299]]

has been revised to require that newly subject sources in the 
Cleveland-Akron area are to notify Ohio EPA that they are subject. They 
are also required to describe an equipment description, as well as to 
describe the means of achieving compliance.

(11) 3745-21-15--Control of VOC Emissions From Wood Furniture 
Manufacturing Operations

    Ohio has expanded the applicability of this EPA-approved rule to 
include sources in the Cleveland-Akron 8-hour ozone nonattainment area. 
This applicability is required for moderate ozone nonattainment areas 
by EPA RACT policy and is approvable. Paragraph 3745-21-15(N) has been 
revised to require that newly subject sources in the Cleveland-Akron 
area are to notify Ohio EPA that they are subject. They are also 
required to provide an equipment description, as well as to describe 
the means of achieving compliance.

(12) 3745-21-16--Control of VOC Emissions From Industrial Wastewater 
Operations

    Ohio has expanded the applicability of this EPA-approved rule to 
include the Cleveland-Akron 8-hour ozone nonattainment area, which is 
required by EPA RACT policy and is therefore approvable. Ohio has 
revised paragraph 3745-21-16(L) to require that newly subject sources 
in the Cleveland-Akron area are to notify Ohio EPA that they are 
subject. They are also required to provide an equipment description, as 
well as to describe the means of achieving compliance.

(13) 3745-21-18--Commercial Motor Vehicle and Mobile Equipment 
Refinishing Operations

    Ohio has expanded the applicability of this EPA-approved rule to 
include the Cleveland-Akron 8-hour ozone nonattainment area. In 
addition, Ohio has added the VOC coating limits from EPA's Subpart B--
National VOC Emission Standards for Automobile Refinish Coatings (40 
CFR part 59). These revisions are approvable.

(14) 3745-21-19--Control of VOC Emissions From Aerospace Manufacturing 
and Rework Facilities

    This new rule applies to aerospace manufacturing and rework 
facilities in the Cleveland-Akron 8-hour ozone nonattainment area. This 
rule is consistent with EPA's aerospace CTG and applies to such 
facilities with potential to emit of 25.0 tons per year for all 
operations combined where aerospace components and vehicles are cleaned 
and coated.
    Paragraph (D)(1) contains VOC content limits for primers, topcoats, 
chemical milling maskants, and specialty coatings.
    Paragraph (D)(2) allows compliance to be achieved with an emission 
control system that achieves an overall reduction of 81 percent. If an 
emission control system includes a thermal or catalytic oxidizer, the 
control efficiency of the thermal or catalytic oxidizer must be at 
least 90 percent.
    Paragraph (D)(4) specifies the allowable application equipment that 
can be used and excludes those methods, such as air spray, with low 
transfer efficiencies. Paragraph (E) specifies VOC requirements for 
cleaning operations. These include requirements for hand wipe cleaning 
operations, spray gun cleaning operations, flush cleaning operations, 
as well as housekeeping measures for cleaning solvents and solvent-
laden cleaning materials used in cleaning operations. In addition, Ohio 
requires compliance either twelve months after the effective date of 
the rule (8/25/2009) or upon startup for a new facility. This rule also 
contains the appropriate monitoring requirements for a VOC emission 
control system, VOC test methods, as well as recordkeeping and 
reporting requirements. This rule is approvable because it is 
consistent with EPA's 1997 aerospace CTG.

(15) 3745-21-20--Control of VOC Emissions From Shipbuilding and Ship 
Repair Operations

    This new rule applies to any shipbuilding or ship repair facility 
that is located in the Cleveland-Akron 8-hour ozone nonattainment area 
with potential VOC emissions of 25.0 tons per year or greater. The VOC 
control and related requirements are based upon EPA guidance, 
especially the Shipbuilding and Ship Repair CTG which is largely based, 
in turn, on the National Emission Standards for Hazardous Air 
Pollutants in Subpart II of 40 CFR part 63.
    Paragraph 3745-21-19(D)(1) specifies the VOC content limits for a 
variety of marine coating categories, including a general use coating 
category and a number of specialty coating categories.
    Paragraph 3745-21-19(D)(2) allows compliance to be achieved with an 
emission control system that achieves emission reductions equivalent to 
compliance with the coating limits.
    In addition, Ohio requires compliance either twelve months after 
the effective date of the rule (8/25/2009) or upon startup for a new 
facility. This rule also contains the appropriate monitoring 
requirements for a VOC emission control system, VOC test methods, as 
well as recordkeeping and reporting requirements.
    This rule is approvable because it is consistent with EPA's 1996 
Shipbuilding and Ship Repair CTG.

(16) 3745-21-21--Storage of VOL Liquids in Fixed Roof Tanks and 
External Floating Roof Tanks

    This new rule applies to volatile organic liquid (VOL) storage 
tanks in the Cleveland-Akron 8-hour ozone nonattainment area if the 
facility at which the VOL storage tank is located has potential VOC 
emissions equal to or greater than 100 tons per year from all VOL 
storage tanks, non-CTG sources, and unregulated emissions from VOC 
sources. This rule includes control requirements for both fixed roof 
tanks with internal floating roofs and fixed roof tanks with closed 
vent systems and control devices. For internal floating roof tanks, the 
rule specifies three alternative seal systems. For fixed roof tanks 
with a closed vent system, the rule requires a 95 percent efficient 
control device or a flare. This rule also includes control requirements 
for external floating roof tanks, for which the rule requires a closure 
device consisting of a primary and secondary seal. The rule also 
includes both recordkeeping and reporting requirements. This rule is 
consistent with EPA's 1994 alternative control techniques document on 
VOL Storage in Floating and Fixed Roof Tanks and is therefore 
approvable.

(17) 3745-21-22--Control of VOC Emissions From Offset Lithographic 
Printing and Letterpress Printing Facilities

    This new rule applies to offset lithographic and letterpress 
printing facilities in the Cleveland-Akron 8-hour ozone nonattainment 
area whose actual VOC emissions, before the application of control 
systems, are equal to or greater than three tons of VOCs per rolling 
twelve-month period. A heatset web offset lithographic printing press 
or a heatset web letterpress printing press with potential VOC ink oil 
emissions from the press dryer that are greater than 25 tons per year 
before control must maintain the dryer air pressure lower than the 
pressroom air pressure and operate a control system that achieves 90 
percent control (or 95 percent control for a control system installed 
after the effective date of this rule) or maintain a maximum VOC outlet 
concentration of 20 ppmv. This rule restricts the VOC content of 
fountain solutions used by offset

[[Page 21300]]

lithographic presses, based on the type of offset lithographic press in 
use at a facility. Cleaning solutions used on subject lithographic or 
letterpress printing presses must either be at or below 70 percent by 
weight VOC or be at or below ten mm Hg at 20 degrees Celsius. This rule 
also contains the appropriate test methods for determining the VOC 
concentration of the exhaust stream and the VOC content of the fountain 
solution and cleaning solution. This rule includes methods to determine 
the vapor pressure of the cleaning solution. The rule also includes 
monitoring and recordkeeping requirements to ensure that the control 
systems are operating properly, to establish whether the VOC content of 
the cleaning solution and fountain solution are in compliance with the 
applicable limits, and to establish whether an offset lithographic or 
letterpress printing facility is subject to one or more of the control 
requirements of the rule. This rule is approvable because it is 
consistent with EPA's 2006 CTG for Offset Lithographic Printing and 
Letterpress Printing.

(18) 3745-21-23--Control of VOC Emissions From Industrial Solvent 
Cleaning Operations

    This new rule applies to facilities with solvent cleaning 
operations in the Cleveland-Akron 8-hour ozone nonattainment area whose 
actual VOC emissions from all solvent cleaning operations is equal to 
or greater than 15 pounds VOC per day. Those source categories with VOC 
rules that contain their own solvent cleaning control requirements, 
e.g., aerospace coating and flexible package printing, are exempt from 
this rule.
    This rule contains a general restriction on the VOC content of 
cleaning materials used of 0.42 pounds VOC per gallon. The rule also 
contains higher limits for specialty cleaning operations such as 
cleaning electronic components and medical devices. This rule specifies 
the use of certain cleaning methods, e.g., wipe cleaning, and prohibits 
others, e.g., atomizing any solvent unless the emissions are vented to 
VOC emission control equipment. As an alternative to the VOC content 
limitations in this rule, a facility may use solvents or solvent 
solutions which have a VOC composite partial vapor pressure of less 
than or equal to eight mm of Hg.
    The rule includes several exemptions, e.g., graffiti removal and 
the stripping of cured coatings, for which solvent cleaning 
restrictions are not feasible. EPA Method 24 is specified for 
determining the VOC content of solvent material and American Society of 
Testing Material (ASTM) D2879 is specified for determining the vapor 
pressure of each component. Recordkeeping requirements include the name 
and identification of each cleaning material used and the VOC content 
or the VOC composite vapor pressure of each cleaning material used.
    This rule is approvable because it is consistent with EPA RACT 
guidance, particularly the 2006 CTG for Industrial Cleaning Solvents.

(19) 3745-21-24--Flat Wood Paneling Coatings

    This new rule applies to facilities in the Cleveland-Akron 8-hour 
ozone nonattainment area whose actual VOC emissions from all flat wood 
paneling coating lines is equal to or greater than 15 pounds VOC per 
day. This rule limits subject facilities to a VOC content limitation of 
2.1 pounds of VOC per gallon of coating or, if an add-on control device 
is used, a minimum overall control efficiency of 90 percent by weight.
    This rule specifies the type of application equipment that can be 
used in order to eliminate the use of application equipment with low 
transfer efficiency. In addition, the rule sets work practice standards 
that minimize VOC emissions from all coatings, thinners, and cleaning 
materials. These work practice standards require the storage and 
transfer of all such materials in closed containers or pipes in order 
to minimize emissions.
    This rule is approvable because it is consistent with EPA RACT 
guidance, particularly the 2006 CTG for Flat Wood Paneling Coatings.

V. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: April 27, 2009.
Walter W. Kovalick Jr,
Acting Regional Administrator, Region 5.
[FR Doc. E9-10658 Filed 5-6-09; 8:45 am]
BILLING CODE 6560-50-P