Approval and Promulgation of Air Quality Implementation Plans; Ohio; Control of Emissions of Organic Materials That Are Not Regulated by Volatile Organic Compound Reasonably Available Control Technology Rules, 20598-20602 [2011-8951]
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20598
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add 33 CFR 100.35–T01–0103 to
read as follows:
srobinson on DSKHWCL6B1PROD with PROPOSALS
§ 100.35–T01–0103 Special Local
Regulation; Extreme Sailing Series Boston;
Boston Harbor; Boston, MA.
(a) Regulated Area.
(1) The following is designated as the
special local regulation area: All waters
of Boston Harbor near Boston, MA,
surface to bottom, encompassed by an
area starting at position: 42°21.3′ N;
071°03′ W, thence crossing the Fort
Point Channel along Northern Avenue
to position 42°21.3′ N; 071°02.9′ W,
continuing Southeast along the
Shoreline past Fan Pier to the end of the
North Jetty at position 42°20.8′ N;
071°01.4′ W, continuing and crossing
Boston Harbor to the opposite shore
near Logan Airport at position 42°21.2′
N; 071°01′ W, continuing Northwest in
a straight line along the shoreline to Pier
One at position 42°21.9′ N; 071°02.5′ W,
thence back across Boston Harbor to the
point of origin at position 42°21.3′ N;
071°03′ W.
(2) The following area within the
special local regulation area is specified
as the race area:
All waters of Boston Harbor near
Boston, MA, surface to bottom,
encompassed by an area starting at
position: 42°21.59′ N; 071°02.52′ W,
thence to position 42°21.28′ N;
071°01.83′ W, thence to position
42°21.10′ N; 071°01.95′ W, thence to
position 42°21.20′ N; 071°02.26′ W,
thence to position 42°21.15′ N;
071°02.31′ W, thence to position
42°21.31′ N; 071°02.72′ W, thence to the
point of origin at position 42°21.59′ N;
071°02.52′ W. This area will be clearly
defined by floating buoys and will have
the ability to be collapsed quickly to
allow for safe passage of traffic if they
have obtained permission from the
COTP or the designated representative.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
100, to enter, transit through, anchor in,
or remain within the special local
regulation area is prohibited unless
permission has been authorized by the
Captain of the Port (COTP) Boston, or
the designated on-scene representative.
The ‘‘designated on-scene
representative’’ is any Coast Guard
commissioned, warrant, or petty officer
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who is designated by the COTP to act
on his behalf. The designated on-scene
representative will be aboard either a
Coast Guard or Coast Guard Auxiliary
vessel. The COTP or the designated onscene representative may be contacted
via VHF Channel 16 or by telephone at
(617) 223–5750.
(1) The following restrictions apply to
the special local regulation area
identified in section (a)(1) of this
regulation.
(i) Special Anchorage ‘‘A’’, which is a
small vessel anchorage located near
Rowes Wharf, is the only permitted area
for anchoring. All other anchoring
within this special local regulation area,
including in Anchorage Area #1, is
prohibited.
(ii) This special local regulation area
is designed to restrict vessel traffic,
including all non-motorized vessels,
except as may be permitted by the COTP
Boston or the designated on-scene
representative.
(iii) Within this area all vessels will
transit at the minimum speed necessary
to maintain headway without creating a
wake.
(iv) Due to the waterway area
restriction and the expected increase in
recreational vessels in the area, vessel
operators of all vessels 65 feet in length
or greater desiring to enter or operate
within the special local regulation area
shall contact the COTP or the
designated on-scene representative at
least five hours prior to the desired
transit time to obtain permission to do
so. Permission to enter the special local
regulation area will be considered on a
case-by-case basis at the discretion of
the COTP and vessels may be escorted
through the area if the COTP deems it
necessary for safe transit. Failure to
provide notification of entry at least five
hours prior to transit may result in a
denial of entry into the regulated area
during the enforcement period. Vessel
operators given permission to enter the
area must comply with all directions
given to them by the COTP or the
designated on-scene representative.
(2) The following restrictions apply to
the area identified as the race area in
section (a)(2) of this regulation.
(i) This area is closed to all vessel
traffic, with the exception of vessels
involved directly with the event such
as: sailboat race participants, event
safety vessels, on-scene patrol and law
enforcement vessels.
(c) Effective Period: This regulation is
effective from 1 p.m. on June 30, 2011,
to 6 p.m. on July 4, 2011. This
regulation will be enforced daily from 1
p.m. until 6 p.m., June 30, 2011 through
July 4, 2011.
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Dated: March 30, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2011–8833 Filed 4–12–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2008–0514; FRL–9294–6]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Control of Emissions of Organic
Materials That Are Not Regulated by
Volatile Organic Compound
Reasonably Available Control
Technology Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve,
as part of Ohio’s State Implementation
Plan (SIP) under the Clean Air Act
(CAA), a revised rule 3745–21–07,
‘‘Control of emissions of organic
materials from stationary sources (i.e.,
emissions that are not regulated by rule
3745–21–09, 3745–21–12, 3745–21–14,
3745–21–15, 3745–21–16, or 3745–21–
18 of the Administrative Code).’’ This
rule has been revised because the prior
version of 3745–21–07, in Ohio’s SIP,
has inadequate compliance test methods
and definitions. The most significant
problem with the prior version is the
definition of ‘‘photochemically reactive
material,’’ which is different than the
definition of ‘‘volatile organic
compounds’’ (VOC), upon which EPA’s
reasonably available control technology
(RACT) regulations are based. The
revised rule is approvable because it
satisfies the requirements for RACT
under the CAA.
DATES: Comments must be received on
or before May 13, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2008–0514, 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) 692–2511.
• Mail: John Mooney, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
• Hand Delivery: John Mooney, Chief,
Attainment Planning and Maintenance
SUMMARY:
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Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
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–
0514. 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 Web site 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
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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,
Environmental Engineer, at (312) 886–
6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6052,
Rosenthal.steven@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 should I consider as I prepare my
comments for EPA?
II. What action is EPA taking today and what
is the purpose of this action?
III. What are the provisions of OAC 3745–21–
07 and are they approvable?
IV. Statutory and Executive Order Reviews
I. What should I consider as I prepare
my comments for EPA?
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date, and page number).
2. Follow directions—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 and
what is the purpose of this action?
EPA is proposing to approve into
Ohio’s SIP revised rule OAC 3745–21–
07, ‘‘Control of emissions of organic
materials from stationary sources (i.e.,
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emissions that are not regulated by rule
3745–21–09, 3745–21–12, 3745–21–14,
3745–21–15, 3745–21–16, or 3745–21–
18 of the Administrative Code).’’ This
rule was submitted by the Ohio
Environmental Protection Agency (Ohio
EPA) to EPA on April 7, 2008, but was
not approvable at that time because both
sheet molding compound (SMC)
manufacturing operations and new or
modified sources after February 18,
2008, were exempted from that version
of the rule. However, on November 10,
2010, Ohio EPA submitted to EPA a new
Rule 3745–21–25 ‘‘Control of VOC
emissions from reinforced plastic
composites production operations,’’
which adequately regulates SMC
manufacturing operations. Also, on
October 25, 2010, Ohio EPA submitted
a demonstration that the new 3745–21–
07 does not violate the requirements of
Section 110(l) of the CAA by not
applying to new or modified sources
after February 18, 2010. This
demonstration is discussed in detail in
the following section of this document.
III. What are the provisions of OAC
3745–21–07 and are they approvable?
As discussed below, this rule satisfies
RACT requirements and is consistent
with the CAA and EPA regulations. A
general discussion of the main elements
of OAC 3745–21–07 (Control of
emissions of organic materials from
stationary sources), all of which are
approvable, follows:
3745–21–07(A) Applicability
(1)—Reserved.
(2)—Reserved.
(3)—This paragraph states that the
rule applies to any source or operation,
for which installation commenced prior
to the effective date of this rule, and that
is specifically identified in tables in
paragraphs (K) to (N). This rule shall not
apply to VOC emissions from any such
source or operation regulated by the
VOC rules 3745–21–09, 3745–21–12,
3745–21–13, 3745–21–14, 3745–21–15,
3745–21–15, 3745–21–16, or 3745–21–
18. Although this rule does not apply to
any sources for which installation
commenced after the effective date of
the rule (February 18, 2010) or will
commence installation in the future,
Ohio demonstrated that this will likely
not result in an increase in emissions.
More specifically, Ohio reviewed all
permits issued between January 2008
and September 2010, and determined
that, due to other control requirements,
no permit would result in an increase in
VOC emissions due to paragraphs (A)(3)
and (A)(5). Furthermore, Ohio also
demonstrated that sufficient reductions
are available from oxides of nitrogen
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(NOX) RACT rule reductions to more
than offset any potential future increase
in emissions, thereby satisfying the
requirements of section 110(l) of the
CAA.
In December 2007, Ohio EPA
promulgated rules in OAC chapter
3745–110, ‘‘NOX RACT.’’ These rules
addressed the control of emissions of
NOX from stationary sources such as
boilers, combustion turbines, and
stationary internal combustion engines.
The rules were submitted as part of the
attainment strategy in the ClevelandAkron-Lorain ozone moderate
nonattainment area. On September 15,
2009, EPA redesignated the ClevelandAkron-Lorain metropolitan area to
attainment for the 1997 8-hour ozone
National Ambient Air Quality Standard.
At the same time, EPA approved a
waiver from the NOX RACT
requirements of section 182(f) of the
CAA for this area. Ohio’s NOX RACT
rules are, therefore, ‘‘surplus’’ and can be
used to offset any potential increase in
emissions from any future source that
would have had more stringent control
requirements from the older 3745–21–
07 that is currently in the SIP. Ohio
obtained 538 tons NOX/year actual (and
surplus) emission reductions from the
Arcelor-Mittal facility as a result of the
installation of low NOX burners in its
three reheat furnaces. The requirement
for these low NOX burners is permanent
and enforceable because the burner
controls are needed to comply with
OAC 3745–110, Ohio’s NOX RACT rule.
In the Cleveland-Akron-Lorain area, the
ratio of NOX emissions to VOC
emissions is 1.36 pounds NOX/pound
VOC. Applying this factor, the VOC
offset potential for the Arcelor-Mittal
facility NOX reductions is 396 tons
VOC/year. Even if any reasonably
foreseeable source were to be
constructed that would have been
controlled under the prior version of
3745–21–07 but would be uncontrolled
under revised rule 3745–21–07, the
difference in emissions would be more
than compensated by the surplus
emission reduction at the Arcelor-Mittal
facility.
(4)—This paragraph voids control
requirements contained in a permit-toinstall, permit-by-rule, permit-tooperate, or Title V permit if the
requirements refer to photochemically
reactive materials or the need to
determine or document materials as
being photochemically reactive
materials or any recordkeeping and
reporting requirements related to
photochemically reactive materials.
This paragraph is approvable because it
is consistent with the main purpose of
this rule revision, namely to eliminate
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the definition of photochemically
reactive material.
(5)—This paragraph states that the
rule does not apply to any source for
which installation commenced after the
effective date of the rule. Please refer to
the discussion of (A)(3).
(6)—This paragraph specifies methods
of determining compliance.
(6)(a)—This paragraph specifies that
the test methods and procedures of
paragraphs (A) to (C) of rule 3745–21–
10 of Ohio’s rules be used to determine
emission and control efficiency
information for controlled and
uncontrolled sources.
(6)(b)—This paragraph allows the use
of emission factors approved by EPA.
(6)(c)—This paragraph allows
emission test data from similar sources
or operations to be used provided where
EPA has indicated in writing that the
use of such tests is acceptable.
This paragraph is approvable because
it specifies EPA-approved test methods,
emission factors and test data from
similar sources.
(B)-(J)—Reserved.
(K)—This paragraph provides specific
control requirements for storage tanks
covered by the prior version of 3745–
21–07 that is contained in Ohio’s SIP.
(K)(1)—Lists emission units subject to
the control requirements in (K)(2),
which requires that the storage tank be
equipped with either a floating pontoon
or double-deck type cover that includes
closure seals or with a vapor recovery
system or control system that reduces
the emissions of organic compounds by
at least 90 percent by weight.
(K)(3)—Lists emission units,
consisting of storage tanks with a
capacity of 65,000 gallons or less,
subject to the control requirements in
(K)(4). (K)(4) requires the use of
submerged fill or a vapor recovery
system.
This paragraph is approvable because
it is consistent with the control
requirements in the prior version of
3745–21–07 that is contained in Ohio’s
SIP.
(L)—This paragraph provides facility
specific control requirements for oilwater separators covered by the prior
version of 3745–21–07 that is contained
in Ohio’s SIP. Any subject oil-water
separators must be equipped with a
solid cover with all openings sealed, a
floating pontoon or double deck type
cover that includes closure seals, or a
vapor recovery system that reduces the
emissions of organic compounds by at
least ninety percent by weight.
This paragraph is approvable because
the control requirements are consistent
with the prior version of 3745–21–07
that is contained in Ohio’s SIP.
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(M)—This paragraph provides facilityspecific and general control
requirements for emissions from
operations using liquid organic
materials.
(M)(1)—Lists emission units, covered
by the prior version of 3745–21–07 that
is contained in Ohio’s SIP, that are
subject to the control requirements in
(M)(2).
(M)(2)—Requires that the emission
units listed in (M)(1) be subject to a
control system that reduces organic
emissions by at least 85 percent.
(M)(3)—Other operations using liquid
organic materials.
(M)(3)(a)—This paragraph lists nine
conditions in (M)(3)(a)(i) to (M)(3)(a)(ix).
Any article, machine, equipment, or
other contrivance meeting all of these
conditions must comply with the
control requirements in (M)(2). These
conditions include that the article,
machine, equipment, or other
contrivance is equipped with control
equipment for organic compound
emissions and also that it commenced
installation prior to the effective date of
this rule.
(M)(3)(b)—This paragraph requires
the owner or operator of any article,
machine, equipment, or other
contrivance meeting the specifications
of paragraph (M)(3)(a), and not listed in
paragraph (M)(1), to notify Ohio EPA,
within 90 days after the effective date of
this rule, of the need to be specified in
paragraph (M)(1)—and therefore be
subject to the control requirements in
(M)(2).
(M)(3)(c)—This paragraph lists seven
conditions and if any of them are met
then the control requirements of (M)(2)/
(M)(3)(a), and the reporting
requirements in (M)(3)(b) shall not
apply to any article, machine,
equipment, or other contrivance that
would otherwise be subject.
(M)(3)(c)(i)—This paragraph exempts
any article, machine, equipment, or
other contrivance that commenced
operation after the effective date of this
rule. Please see discussion for (A)(3) and
(A)(5).
(M)(3)(c)(ii)—This paragraph exempts
any article, machine, equipment, or
other contrivance whose uncontrolled
potential to emit does not exceed 40
pounds per day of organic compound
emissions and allows the uncontrolled
potential to emit to be established using
physical or operational limitation(s) that
are federally enforceable or legally and
practically enforceable by the state.
(M)(3)(c)(iii) and (iv)—These
paragraphs exempt any article, machine,
equipment, or other contrivance that is
subject to and complying with an
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overall control efficiency that is greater
than 85 percent.
(M)(3)(c)(v)—This paragraph refers to
paragraphs (M)(3)(g) and (M)(4), and is
discussed with those paragraphs.
(M)(3)(c)(vi)—This paragraph exempts
heatset web offset printing lines that are
subject to and complying with a
requirement that specifies that their
drier(s) be equipped with a control
device having either a control efficiency
equal to or greater than 90 percent or an
outlet concentration of less than 20
parts per million, by volume.
(M)(3)(c)(vii)—This paragraph
exempts any article, machine,
equipment, or other contrivance that is
regulated by and complying with
chapter 3745–76, which regulates nonmethane organic emissions from
existing landfills.
(M)(3)(d), (e) and (f)—These
paragraphs provide alternative emission
limitations, which have been adequately
documented, to those in (M)(2), for
specifically identified emission units at
the indicated facilities.
(M)(3)(g) and (h)—These paragraphs
address SMC operations. Please refer to
the discussion of (M)(5)(h).
(M)(4)—Except as provided in
paragraph (M)(5) (discussed below) this
paragraph requires the owner or
operator of each article, machine,
equipment, or other contrivance in
which any liquid organic material
comes into contact with flame or is
baked, heat-cured, or heat-polymerized,
in the presence of oxygen, and is not
specified in paragraph (M)(1) of this
rule, to not discharge more than 15
pounds of organic materials into the
atmosphere in any one day, nor more
than 3 pounds in any hour, unless the
organic material emissions have been
reduced by at least 85 percent by
weight. This paragraph does not apply
to any source for which installation
commenced on or after the effective date
of this rule.
(M)(5)—This paragraph lists several
exemptions that are carried over from
the prior version of 3745–21–07 that is
contained in Ohio’s SIP.
(M)(5)(a)—exempts the use of cleanup
material from the control requirements
in paragraph (M)(2).
(M)(5)(b)—exempts emissions that are
not VOCs from the control requirements
in (M)(2), (M)(3)(a), and (M)(4).
(M)(5)(c)—This paragraph exempts
the use of liquid organic material, from
the control requirements in paragraph
(M)(2), if the liquid organic material has
a boiling point higher than 200 degrees
Fahrenheit at 0.5 millimeter mercury
absolute pressure, or has an equivalent
vapor pressure, unless the liquid
organic material is exposed to
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temperatures exceeding 220 degrees
Fahrenheit.
(M)(5)(d)—This paragraph exempts
sources from the requirements of
paragraph (M)(4) if (i) the volatile
content of the material described in
(M)(4) consists only of water and liquid
organic material, and the liquid organic
material comprises no more than 20
percent by volume of the volatile
content; or, (ii) the volatile content of
the material described in paragraph
(M)(4) does not exceed 20 percent by
volume.
(M)(5)(e)—This paragraph allows the
provisions of paragraphs (M)(2),
(M)(3)(d), (M)(3)(e), (M)(3)(f), (M)(3)(g),
(M)(3)(h), and (M)(4) to be replaced by
an alternative emission limitation if
EPA determines that the alternative
emission limitation is the lowest
emission limitation that the article,
machine, equipment, or other
contrivance is capable of meeting by the
application of control technology that is
reasonably available considering
technological and economic feasibility.
(M)(5)(f)—This paragraph exempts
emissions resulting from the use of any
liquid organic materials if those
emissions are regulated by rule 3745–
21–09, 3745–21–12, 3745–21–13, 3745–
21–14,3745–21–15, 3745–21–16, or
3745–21–18.
(M)(5)(g)—Consistent with existing
OAC 3745–21–07, this rule exempts
sources in Darke, Fairfield, Madison,
Perry, Pickaway, Preble, or Union
County that are within a facility having
the potential to emit not more than 100
tons of organic compounds per calendar
year.
(M)(5)(h)—This paragraph exempts
sheet molding compound
manufacturing operations from the
emission limits in (M)(3)(g) provided
that the resin delivery system to the
doctor box on the SMC manufacturing
machine is closed or covered and a
nylon containing film is used to enclose
the sheet molding compound.
This exemption is acceptable because
Ohio has adopted OAC 3745–21–25 for
Reinforced Plastics Composites
Production Operations, which provides
a sufficient level of control (95 percent
for subject sources) for SMC machines.
OAC 3745–21–25 was proposed for
approval on January 27, 2011 (76 FR
4835). Paragraph M is approvable
because the control requirements
(typically 85 percent or higher) and
exemptions are consistent with the prior
version of 3745–21–07 that is contained
in Ohio’s SIP, except as it applies to
SMC machines. As stated above, Ohio
adopted rule 3745–21–25 for the control
of SMC machines. (N) This paragraph
requires that smokeless flares be
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required for the waste gas flare systems
that were covered by the prior version
of 3745–21–07 that is contained in
Ohio’s SIP. This paragraph is
approvable because it is consistent with
the control requirements in the prior
version of 3745–21–07 that is contained
in Ohio’s SIP.
IV. 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).
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20602
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules
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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 30, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011–8951 Filed 4–12–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0335; FRL–9294–4]
Approval and Promulgation of
Implementation Plans; Texas;
Proposed Disapproval of Interstate
Transport State Implementation Plan
Revision for the 2006 24-Hour PM2.5
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to our authority
under the Clean Air Act (CAA or Act),
EPA is proposing to disapprove the
portion of the Texas CAA section
110(a)(2) ‘‘Infrastructure’’ State
Implementation Plan (SIP) submittal
addressing significant contribution to
nonattainment or interference with
maintenance in another state with
respect to the 2006 24-hour fine particle
(PM2.5) national ambient air quality
standards (NAAQS). On November 23,
2009, the State of Texas, through the
Texas Commission on Environmental
Quality (TCEQ), submitted a SIP to EPA
intended to address the requirements of
CAA section 110(a)(2) for
‘‘infrastructure.’’ In this action, EPA is
proposing to disapprove the portion of
the Texas’ SIP revision submittal that
intended to address the section
110(a)(2)(D)(i)(I) requirements
prohibiting a state’s emissions from
significantly contributing to
nonattainment or interfering with
maintenance of the NAAQS in any other
state. The rationale for the disapproval
action of the SIP revision is described in
srobinson on DSKHWCL6B1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
18:03 Apr 12, 2011
Jkt 223001
this proposal. This action is being taken
under section 110 of the CAA.
DATES: Comments must be received on
or before May 13, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2011–0335, by one of the
following methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by e-mail to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays,
and not on legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket No. EPA–R06–OAR–2011–0335.
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 Web site 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
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
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.
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 Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection during official
business hours, by appointment, at the
Texas Commission on Environmental
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Carl
Young, Air Planning Section (6PD–L),
Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–6645; fax number (214) 665–
7263; e-mail address
young.carl@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
information by addressing the following
questions:
I. What action is EPA proposing in today’s
notice?
II. What is the background for this proposed
action?
III. What is EPA’s evaluation of Texas’
submittal?
IV. Statutory and Executive Order Reviews
E:\FR\FM\13APP1.SGM
13APP1
]]>Agencies
[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Proposed Rules]
[Pages 20598-20602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8951]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2008-0514; FRL-9294-6]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Control of Emissions of Organic Materials That Are Not Regulated
by Volatile Organic Compound Reasonably Available Control Technology
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve, as part of Ohio's State
Implementation Plan (SIP) under the Clean Air Act (CAA), a revised rule
3745-21-07, ``Control of emissions of organic materials from stationary
sources (i.e., emissions that are not regulated by rule 3745-21-09,
3745-21-12, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the
Administrative Code).'' This rule has been revised because the prior
version of 3745-21-07, in Ohio's SIP, has inadequate compliance test
methods and definitions. The most significant problem with the prior
version is the definition of ``photochemically reactive material,''
which is different than the definition of ``volatile organic
compounds'' (VOC), upon which EPA's reasonably available control
technology (RACT) regulations are based. The revised rule is approvable
because it satisfies the requirements for RACT under the CAA.
DATES: Comments must be received on or before May 13, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0514, 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) 692-2511.
Mail: John Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John Mooney, Chief, Attainment Planning and
Maintenance
[[Page 20599]]
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office 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-
2008-0514. 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 Web site
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,
Environmental Engineer, at (312) 886-6052 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052,
Rosenthal.steven@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 should I consider as I prepare my comments for EPA?
II. What action is EPA taking today and what is the purpose of this
action?
III. What are the provisions of OAC 3745-21-07 and are they
approvable?
IV. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
2. Follow directions--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 and what is the purpose of this
action?
EPA is proposing to approve into Ohio's SIP revised rule OAC 3745-
21-07, ``Control of emissions of organic materials from stationary
sources (i.e., emissions that are not regulated by rule 3745-21-09,
3745-21-12, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the
Administrative Code).'' This rule was submitted by the Ohio
Environmental Protection Agency (Ohio EPA) to EPA on April 7, 2008, but
was not approvable at that time because both sheet molding compound
(SMC) manufacturing operations and new or modified sources after
February 18, 2008, were exempted from that version of the rule.
However, on November 10, 2010, Ohio EPA submitted to EPA a new Rule
3745-21-25 ``Control of VOC emissions from reinforced plastic
composites production operations,'' which adequately regulates SMC
manufacturing operations. Also, on October 25, 2010, Ohio EPA submitted
a demonstration that the new 3745-21-07 does not violate the
requirements of Section 110(l) of the CAA by not applying to new or
modified sources after February 18, 2010. This demonstration is
discussed in detail in the following section of this document.
III. What are the provisions of OAC 3745-21-07 and are they approvable?
As discussed below, this rule satisfies RACT requirements and is
consistent with the CAA and EPA regulations. A general discussion of
the main elements of OAC 3745-21-07 (Control of emissions of organic
materials from stationary sources), all of which are approvable,
follows:
3745-21-07(A) Applicability
(1)--Reserved.
(2)--Reserved.
(3)--This paragraph states that the rule applies to any source or
operation, for which installation commenced prior to the effective date
of this rule, and that is specifically identified in tables in
paragraphs (K) to (N). This rule shall not apply to VOC emissions from
any such source or operation regulated by the VOC rules 3745-21-09,
3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-15, 3745-21-16,
or 3745-21-18. Although this rule does not apply to any sources for
which installation commenced after the effective date of the rule
(February 18, 2010) or will commence installation in the future, Ohio
demonstrated that this will likely not result in an increase in
emissions. More specifically, Ohio reviewed all permits issued between
January 2008 and September 2010, and determined that, due to other
control requirements, no permit would result in an increase in VOC
emissions due to paragraphs (A)(3) and (A)(5). Furthermore, Ohio also
demonstrated that sufficient reductions are available from oxides of
nitrogen
[[Page 20600]]
(NOX) RACT rule reductions to more than offset any potential
future increase in emissions, thereby satisfying the requirements of
section 110(l) of the CAA.
In December 2007, Ohio EPA promulgated rules in OAC chapter 3745-
110, ``NOX RACT.'' These rules addressed the control of
emissions of NOX from stationary sources such as boilers,
combustion turbines, and stationary internal combustion engines. The
rules were submitted as part of the attainment strategy in the
Cleveland-Akron-Lorain ozone moderate nonattainment area. On September
15, 2009, EPA redesignated the Cleveland-Akron-Lorain metropolitan area
to attainment for the 1997 8-hour ozone National Ambient Air Quality
Standard. At the same time, EPA approved a waiver from the
NOX RACT requirements of section 182(f) of the CAA for this
area. Ohio's NOX RACT rules are, therefore, ``surplus'' and
can be used to offset any potential increase in emissions from any
future source that would have had more stringent control requirements
from the older 3745-21-07 that is currently in the SIP. Ohio obtained
538 tons NOX/year actual (and surplus) emission reductions
from the Arcelor-Mittal facility as a result of the installation of low
NOX burners in its three reheat furnaces. The requirement
for these low NOX burners is permanent and enforceable
because the burner controls are needed to comply with OAC 3745-110,
Ohio's NOX RACT rule. In the Cleveland-Akron-Lorain area,
the ratio of NOX emissions to VOC emissions is 1.36 pounds
NOX/pound VOC. Applying this factor, the VOC offset
potential for the Arcelor-Mittal facility NOX reductions is
396 tons VOC/year. Even if any reasonably foreseeable source were to be
constructed that would have been controlled under the prior version of
3745-21-07 but would be uncontrolled under revised rule 3745-21-07, the
difference in emissions would be more than compensated by the surplus
emission reduction at the Arcelor-Mittal facility.
(4)--This paragraph voids control requirements contained in a
permit-to-install, permit-by-rule, permit-to-operate, or Title V permit
if the requirements refer to photochemically reactive materials or the
need to determine or document materials as being photochemically
reactive materials or any recordkeeping and reporting requirements
related to photochemically reactive materials. This paragraph is
approvable because it is consistent with the main purpose of this rule
revision, namely to eliminate the definition of photochemically
reactive material.
(5)--This paragraph states that the rule does not apply to any
source for which installation commenced after the effective date of the
rule. Please refer to the discussion of (A)(3).
(6)--This paragraph specifies methods of determining compliance.
(6)(a)--This paragraph specifies that the test methods and
procedures of paragraphs (A) to (C) of rule 3745-21-10 of Ohio's rules
be used to determine emission and control efficiency information for
controlled and uncontrolled sources.
(6)(b)--This paragraph allows the use of emission factors approved
by EPA.
(6)(c)--This paragraph allows emission test data from similar
sources or operations to be used provided where EPA has indicated in
writing that the use of such tests is acceptable.
This paragraph is approvable because it specifies EPA-approved test
methods, emission factors and test data from similar sources.
(B)-(J)--Reserved.
(K)--This paragraph provides specific control requirements for
storage tanks covered by the prior version of 3745-21-07 that is
contained in Ohio's SIP.
(K)(1)--Lists emission units subject to the control requirements in
(K)(2), which requires that the storage tank be equipped with either a
floating pontoon or double-deck type cover that includes closure seals
or with a vapor recovery system or control system that reduces the
emissions of organic compounds by at least 90 percent by weight.
(K)(3)--Lists emission units, consisting of storage tanks with a
capacity of 65,000 gallons or less, subject to the control requirements
in (K)(4). (K)(4) requires the use of submerged fill or a vapor
recovery system.
This paragraph is approvable because it is consistent with the
control requirements in the prior version of 3745-21-07 that is
contained in Ohio's SIP.
(L)--This paragraph provides facility specific control requirements
for oil-water separators covered by the prior version of 3745-21-07
that is contained in Ohio's SIP. Any subject oil-water separators must
be equipped with a solid cover with all openings sealed, a floating
pontoon or double deck type cover that includes closure seals, or a
vapor recovery system that reduces the emissions of organic compounds
by at least ninety percent by weight.
This paragraph is approvable because the control requirements are
consistent with the prior version of 3745-21-07 that is contained in
Ohio's SIP.
(M)--This paragraph provides facility-specific and general control
requirements for emissions from operations using liquid organic
materials.
(M)(1)--Lists emission units, covered by the prior version of 3745-
21-07 that is contained in Ohio's SIP, that are subject to the control
requirements in (M)(2).
(M)(2)--Requires that the emission units listed in (M)(1) be
subject to a control system that reduces organic emissions by at least
85 percent.
(M)(3)--Other operations using liquid organic materials.
(M)(3)(a)--This paragraph lists nine conditions in (M)(3)(a)(i) to
(M)(3)(a)(ix). Any article, machine, equipment, or other contrivance
meeting all of these conditions must comply with the control
requirements in (M)(2). These conditions include that the article,
machine, equipment, or other contrivance is equipped with control
equipment for organic compound emissions and also that it commenced
installation prior to the effective date of this rule.
(M)(3)(b)--This paragraph requires the owner or operator of any
article, machine, equipment, or other contrivance meeting the
specifications of paragraph (M)(3)(a), and not listed in paragraph
(M)(1), to notify Ohio EPA, within 90 days after the effective date of
this rule, of the need to be specified in paragraph (M)(1)--and
therefore be subject to the control requirements in (M)(2).
(M)(3)(c)--This paragraph lists seven conditions and if any of them
are met then the control requirements of (M)(2)/(M)(3)(a), and the
reporting requirements in (M)(3)(b) shall not apply to any article,
machine, equipment, or other contrivance that would otherwise be
subject.
(M)(3)(c)(i)--This paragraph exempts any article, machine,
equipment, or other contrivance that commenced operation after the
effective date of this rule. Please see discussion for (A)(3) and
(A)(5).
(M)(3)(c)(ii)--This paragraph exempts any article, machine,
equipment, or other contrivance whose uncontrolled potential to emit
does not exceed 40 pounds per day of organic compound emissions and
allows the uncontrolled potential to emit to be established using
physical or operational limitation(s) that are federally enforceable or
legally and practically enforceable by the state.
(M)(3)(c)(iii) and (iv)--These paragraphs exempt any article,
machine, equipment, or other contrivance that is subject to and
complying with an
[[Page 20601]]
overall control efficiency that is greater than 85 percent.
(M)(3)(c)(v)--This paragraph refers to paragraphs (M)(3)(g) and
(M)(4), and is discussed with those paragraphs.
(M)(3)(c)(vi)--This paragraph exempts heatset web offset printing
lines that are subject to and complying with a requirement that
specifies that their drier(s) be equipped with a control device having
either a control efficiency equal to or greater than 90 percent or an
outlet concentration of less than 20 parts per million, by volume.
(M)(3)(c)(vii)--This paragraph exempts any article, machine,
equipment, or other contrivance that is regulated by and complying with
chapter 3745-76, which regulates non-methane organic emissions from
existing landfills.
(M)(3)(d), (e) and (f)--These paragraphs provide alternative
emission limitations, which have been adequately documented, to those
in (M)(2), for specifically identified emission units at the indicated
facilities.
(M)(3)(g) and (h)--These paragraphs address SMC operations. Please
refer to the discussion of (M)(5)(h).
(M)(4)--Except as provided in paragraph (M)(5) (discussed below)
this paragraph requires the owner or operator of each article, machine,
equipment, or other contrivance in which any liquid organic material
comes into contact with flame or is baked, heat-cured, or heat-
polymerized, in the presence of oxygen, and is not specified in
paragraph (M)(1) of this rule, to not discharge more than 15 pounds of
organic materials into the atmosphere in any one day, nor more than 3
pounds in any hour, unless the organic material emissions have been
reduced by at least 85 percent by weight. This paragraph does not apply
to any source for which installation commenced on or after the
effective date of this rule.
(M)(5)--This paragraph lists several exemptions that are carried
over from the prior version of 3745-21-07 that is contained in Ohio's
SIP.
(M)(5)(a)--exempts the use of cleanup material from the control
requirements in paragraph (M)(2).
(M)(5)(b)--exempts emissions that are not VOCs from the control
requirements in (M)(2), (M)(3)(a), and (M)(4).
(M)(5)(c)--This paragraph exempts the use of liquid organic
material, from the control requirements in paragraph (M)(2), if the
liquid organic material has a boiling point higher than 200 degrees
Fahrenheit at 0.5 millimeter mercury absolute pressure, or has an
equivalent vapor pressure, unless the liquid organic material is
exposed to temperatures exceeding 220 degrees Fahrenheit.
(M)(5)(d)--This paragraph exempts sources from the requirements of
paragraph (M)(4) if (i) the volatile content of the material described
in (M)(4) consists only of water and liquid organic material, and the
liquid organic material comprises no more than 20 percent by volume of
the volatile content; or, (ii) the volatile content of the material
described in paragraph (M)(4) does not exceed 20 percent by volume.
(M)(5)(e)--This paragraph allows the provisions of paragraphs
(M)(2), (M)(3)(d), (M)(3)(e), (M)(3)(f), (M)(3)(g), (M)(3)(h), and
(M)(4) to be replaced by an alternative emission limitation if EPA
determines that the alternative emission limitation is the lowest
emission limitation that the article, machine, equipment, or other
contrivance is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility.
(M)(5)(f)--This paragraph exempts emissions resulting from the use
of any liquid organic materials if those emissions are regulated by
rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14,3745-21-15, 3745-
21-16, or 3745-21-18.
(M)(5)(g)--Consistent with existing OAC 3745-21-07, this rule
exempts sources in Darke, Fairfield, Madison, Perry, Pickaway, Preble,
or Union County that are within a facility having the potential to emit
not more than 100 tons of organic compounds per calendar year.
(M)(5)(h)--This paragraph exempts sheet molding compound
manufacturing operations from the emission limits in (M)(3)(g) provided
that the resin delivery system to the doctor box on the SMC
manufacturing machine is closed or covered and a nylon containing film
is used to enclose the sheet molding compound.
This exemption is acceptable because Ohio has adopted OAC 3745-21-
25 for Reinforced Plastics Composites Production Operations, which
provides a sufficient level of control (95 percent for subject sources)
for SMC machines. OAC 3745-21-25 was proposed for approval on January
27, 2011 (76 FR 4835). Paragraph M is approvable because the control
requirements (typically 85 percent or higher) and exemptions are
consistent with the prior version of 3745-21-07 that is contained in
Ohio's SIP, except as it applies to SMC machines. As stated above, Ohio
adopted rule 3745-21-25 for the control of SMC machines. (N) This
paragraph requires that smokeless flares be required for the waste gas
flare systems that were covered by the prior version of 3745-21-07 that
is contained in Ohio's SIP. This paragraph is approvable because it is
consistent with the control requirements in the prior version of 3745-
21-07 that is contained in Ohio's SIP.
IV. 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).
[[Page 20602]]
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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 30, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-8951 Filed 4-12-11; 8:45 am]
BILLING CODE 6560-50-P
