Approval and Promulgation of Implementation Plans; Ohio; Volatile Organic Compound Emission Control Measures for the Cleveland Ozone Nonattainment Area, 31265-31268 [2012-12804]
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Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Proposed Rules
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 F43255, 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 proposed 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 Commonwealth, 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
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements and
Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 11, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012–12799 Filed 5–24–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R05–OAR–2011–0595; FRL–9677–4]
Approval and Promulgation of
Implementation Plans; Ohio; Volatile
Organic Compound Emission Control
Measures for the Cleveland Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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On June 1, 2011, the Ohio
Environmental Protection Agency (Ohio
EPA) submitted several volatile organic
compound (VOC) rules for approval into
its State Implementation Plan (SIP).
These rules, which include the source
categories covered by the Control
Technique Guideline (CTG) documents
issued in 2008, as well as several other
miscellaneous rule revisions, will help
Ohio’s effort to attain the 2008 ozone
standard. These rules are approvable
because they are consistent with the
CTG documents issued by EPA in 2008,
and satisfy the reasonably available
control technology (RACT) requirements
of the Clean Air Act (Act).
DATES: Comments must be received on
or before June 25, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2011–0595, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: aburano.douglas@epa.gov.
• Fax: (312) 408–2279.
• Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section (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–2011–
0595. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at 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 www.regulations.gov
or email. The 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 email
SUMMARY:
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31265
comment directly to EPA without going
through www.regulations.gov your email
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 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 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, Attainment Planning &
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 is EPA’s analysis of Ohio’s
submitted VOC rules?
IV. Statutory and Executive Order Reviews
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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—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.
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II. What action is EPA taking today and
what is the purpose of this action?
EPA is proposing to approve into the
Ohio SIP several new VOC and
amended VOC rules under Chapter
3745–21 of the Ohio Administrative
Code (OAC). These include new
fiberglass boat manufacturing,
miscellaneous industrial adhesives, and
automobile and light-duty truck
assembly coatings rules, which are
consistent with the CTGs issued in
2008, as well as revisions to definitions
and rules for the control of VOC
emissions from stationary sources,
storage of volatile organic liquids,
industrial cleaning solvents, and
flatwood paneling coatings. These VOC
rules will help Ohio’s effort to attain the
2008 ozone standard.
EPA is also proposing to approve into
the Ohio SIP amendments to OAC
3745–72, which contain its Low Reid
Vapor Pressure Fuel Requirements, so
that it is consistent with EPA
requirements regarding special
provisions for alcohol blends.
III. What is EPA’s analysis of Ohio’s
submitted VOC rules?
As discussed previously, EPA issued
new CTGs in 2008. EPA has reviewed
Ohio’s new VOC rules for the source
categories covered by these CTGs, and
proposes to find that those rules covered
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by the 2008 CTGs are consistent with
the control measures, definitions,
recordkeeping, and test methods in
these CTGs and applicable EPA RACT
guidance at www.epa.gov/ttn/naaqs/
ozone/ozonetech/#ref. Ohio’s revised
VOC rules are also consistent with
applicable EPA guidance as described
above. Therefore EPA is proposing to
approve these rules as meeting the
RACT requirements in the Act. A brief
discussion of these rules follows.
requirements in (10)(e) and (10)(f). The
addition of these flare requirements
improves the enforceability of the
control requirements in 3745–21–09(JJ),
(LL), (UU), (ZZ), and (BBB) and they are
therefore approvable.
(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.
(3) 3745–21–21—Storage of Volatile
Organic Liquids in Fixed Roof Tanks
and External Floating Roof Tanks
A minor revision was made to
(D)(3)(c), which previously referred to
the requirements ‘‘listed in paragraphs
(D)(3)(c)(i) and (D)(3)(c)(ii).’’ This
revision consisted of referring to the
‘‘following’’ requirements instead of the
superfluous reference ‘‘listed in
paragraphs (D)(3)(c)(i) and (D)(3)(c)(ii).’’
There was no substantive change as a
result of this rule revision.
(2) 3745–21–09—Control of Emissions of
VOC From Stationary Sources and
Perchloroethylene From Dry Cleaning
Facilities
The main revisions in this section are
the expiration of the control
requirements in 3745–21–09 (C), (U),
and (HH) for the ‘‘Surface coating of
automobile and light-duty trucks,’’
‘‘Surface coating of miscellaneous metal
parts and products,’’ and ‘‘Surface
coating of automotive/transportation
and business machine plastic parts,’’
when those sources, in the former
Cleveland-Akron-Lorain 1997 8-hour
ozone nonattainment area (Ashtabula,
Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, and Summit Counties)
become subject to and comply with the
new rules (discussed below) based on
the new CTGs. These revisions are
approvable because the control
requirements in the new CTGs are more
appropriate and include more stringent
emission limits than the rules being
replaced.
Additional requirements for flares
have been added to 3745–21–09(JJ),
(LL), (UU), (ZZ), and (BBB) for ‘‘The
Goodyear Tire and Rubber Company,’’
‘‘The Lubrizol Corporation,’’ ‘‘British
Petroleum Company, Toledo Refinery,’’
‘‘Firestone Synthetic Rubber & Latex
Company,’’ and ‘‘BF Goodrich Company
Akron Chemical Plant.’’ An
unenforceable numerical emission limit
for BF Goodrich’s agerite resin D
process has been replaced with the
appropriate flare control requirements
in (DD)(10)(d), as well as the control
equipment/flare monitoring
requirements in (10)(e), and the
requirement in (10)(f) that the control
equipment/flare be operated at all times
when emissions are vented to it. For the
other companies listed above, the flare
control requirements in (10)(d) have
been enhanced by the addition of the
(4) 3745–21–23—Control of VOC
Emissions From Industrial Solvent
Cleaning Operations
Ohio revised its applicability cutoff in
(A)(1)(c) to 3.0 tons VOC emissions per
twelve-month rolling period. This cutoff
is consistent with the applicability
cutoff in several CTGs and is therefore
approvable.
Ohio has added alternatives, for
manufacturers of coatings, inks or
adhesives, to the VOC-content
limitations in (C)(1) and the cleaning
requirements in (C)(2). These
requirements, in (C)(6)(b) are based on
the (California) Bay Area Air Quality
Management District’s rules, which are
referenced in EPA’s CTG. These
requirements apply to cleaning mixing
vats, high dispersion mills, grinding
mills, tote tanks, and roller mills and
consist of four options: (1) The solvent
or solvent solution used must either
contain less than 1.67 pounds VOC per
gallon or have a VOC composite partial
vapor pressure of less than or equal to
8 millimeters (mm) of mercury (Hg); (2)
several work practices must be
implemented, including storing all
VOC-containing cleaning materials in
closed containers; (3) the emissions
from equipment cleaning must be
collected and vented to an emission
control system with an overall control
efficiency of 80 percent or more on a
mass basis; or (4) no more than 60
gallons of fresh solvent per month may
be used (records of which are required
to be kept in (G)((7)), and all VOCcontaining cleaning materials must be
stored in closed containers. In addition,
the owner or operator of a facility
engaged in wipe cleaning may not use
open containers for the storage of
organic compounds to be used for
cleaning, or for the storage or disposal
of any material impregnated with
organic compounds used for cleaning.
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Records of the volume of fresh solvent
used per month, VOC content in pounds
of VOC per gallon or VOC composite
pressure are required, if applicable to
the option chosen for achieving
compliance.
Paragraph (J) includes sufficiently
detailed monthly recordkeeping
requirements for any facility that
determines that it is exempt from the
requirements of this rule because
emissions are less than 3.0 tons per
twelve-month rolling period. These
cleaning solvent requirements are
therefore approvable because they are
consistent with EPA guidance and
require adequate recordkeeping.
(5) 3745–21–24—Flat Wood Paneling
Coatings
Ohio added a paragraph (H) to
provide the proper test methods for use
when a facility chooses to comply by
use of an add-on control device. These
test methods are consistent with, and
include, EPA test methods and
compliance testing requirements.
Paragraph (K) includes sufficiently
detailed daily recordkeeping
requirements for any facility that
determines it is exempt from the
requirements of this rule because
emissions are less than 15.0 pounds of
VOC per day.
The additions to Ohio’s flat wood
paneling coating rule are therefore
approvable.
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(6) 3745–21–27—Boat Manufacturing
This new regulation is based on and
is consistent with EPA’s 2008 CTG for
Fiberglass Boat Manufacturing
Materials. The control requirements for
fiberglass boat manufacturing operations
in the former Cleveland-Akron-Lorain
1997 8-hour ozone nonattainment area
apply if the combined emissions of VOC
from all such operations equal or exceed
2.7 tons per rolling twelve-month
period. This rule covers open molding
and gel coat operations, resin and gel
coat mixing operations, and resin and
gel coat application equipment cleaning
operations. Emission limits are
consistent with the CTG, as are VOC
content and vapor pressure limits
applicable to cleaning activities
associated with fiberglass boat
manufacturing.
Subject facilities can comply by using
specified monomer VOC content limits
(e.g. production resin applied via
atomized spray would need to comply
with a weighted average monomer VOC
content limit of 28 percent by weight)
and a non-monomer VOC content limit
of 5 percent. An emission averaging
option is also available.
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The VOC containing cleaning
solutions for routine cleaning of
application equipment must either be
no more than 5 percent VOC, by weight,
or the composite vapor pressure must be
no more than 0.50 mmHg. Also, mixing
containers that are 55 gallons or greater
must be covered. Recordkeeping
requirements are also specified to
establish applicability and compliance
with the applicable limits.
This rule is therefore consistent with
RACT and is approvable.
(7) 3745–21–28—Miscellaneous
Industrial Adhesives and Sealants
This new regulation is based on and
is consistent with EPA’s 2008 CTG for
Miscellaneous Industrial Adhesive
Application Operations. The control
requirements for miscellaneous
industrial adhesive application
operations in the former ClevelandAkron-Lorain 8-hour ozone
nonattainment area apply if the
combined emissions of VOC from all
such operations equal or exceed 3.0 tons
per twelve-month rolling period.
Subject adhesive application operations
must either meet the specific VOC
content limitations, depending upon the
application or the substrate being
bonded (e.g. 0.3 pounds VOC per gallon
of adhesive for bonding metal) or use an
add-on control system that achieves an
overall VOC reduction of at least 85
percent. Specific adhesive application
methods (e.g. electrostatic spray) and
work practices are required to reduce
emissions. Recordkeeping requirements
are also specified to establish
applicability and compliance with the
applicable limits.
This rule is therefore consistent with
RACT and is approvable.
(8) 3745–21–29—Control of VOC
Emissions From Automobile and LightDuty Truck Assembly Coating
Operations
This new regulation is based on and
is consistent with EPA’s 2008 CTG for
Auto and Light-Duty Truck Assembly
Coatings. The control requirements for
automobile and light-duty truck
assembly coating operations in the
former Cleveland-Akron-Lorain 8-hour
ozone nonattainment area apply if the
combined emissions of VOC from all
such operations equal or exceed 3.0 tons
per twelve-month rolling period.
Specified emission limits, e.g. 12.0
pounds VOC/gallon coating solids
deposited for topcoat operations, are
consistent with the CTG. As specified in
the CTG, compliance with these limits
is based on EPA’s ‘‘Protocol for
Determining the Daily VOC Emission
Rate of Automobile and Light-Duty
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Truck Primer-Surfacer and Topcoat
Operations.’’ This testing protocol
considers the VOC content limit, the
transfer efficiency and the efficiency of
add-on control to establish compliance
with the applicable emission limit.
Work practices for coating-related
activities and cleaning materials, such
as storing all VOC-containing coatings,
thinners, and coating-related waste
materials in closed containers are also
required. Appropriate compliance
procedures and test methods, as well as
sufficient recordkeeping requirements to
establish compliance and applicability
are also included in this regulation.
This rule is therefore consistent with
RACT and is approvable.
(9) 3745–72—Low Reid Vapor Pressure
Fuel Requirements
Ohio’s amendments to OAC 3745–72,
which contain its low Reid vapor
pressure fuel requirements, are
approvable because they are consistent
with EPA requirements regarding
special provisions for alcohol blends.
Conclusion
EPA is proposing to approve into the
Ohio SIP the new rules for fiberglass
boat manufacturing (3745–21–27),
miscellaneous industrial adhesives
(3745–21–28), and automobile and lightduty truck assembly coatings (3745–21–
29), as well as amended rules for
definitions (3745–21–01), the control of
VOC emissions from stationary sources
(3745–21–09), storage of volatile organic
liquids (3745–21–21), industrial
cleaning solvents (3745–21–23), flat
wood paneling coatings (3745–21–24),
and low Reid vapor pressure fuel
requirements (3745–72).
V. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR Part 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the Act. 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
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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
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Air pollution control, Environmental
protection, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 14, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–12804 Filed 5–24–12; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0234; FRL–9677–7]
Determination of Attainment for the
Paul Spur/Douglas PM10
Nonattainment Area, Arizona;
Determination Regarding Applicability
of Clean Air Act Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
determine that the Paul Spur/Douglas
nonattainment area (NA) in Arizona is
currently attaining the National
Ambient Air Quality Standard (NAAQS)
for particulate matter with an
aerodynamic diameter of less than or
equal to a nominal ten micrometers
(PM10) based on certified, qualityassured ambient air monitoring data for
the years 2009–2011. Based on our
proposed determination that the Paul
Spur/Douglas NA is currently attaining
the PM10 NAAQS, EPA is also proposing
to determine that Arizona’s obligation to
make submissions to meet certain Clean
Air Act requirements related to
attainment of the NAAQS is not
applicable for as long as the Paul Spur/
Douglas NA continues to attain the
NAAQS and that the obligation on EPA
to promulgate a Federal Implementation
Plan (FIP) to address the State’s
attainment-related requirements would
also be suspended for as long as the
underlying State obligation is
suspended.
SUMMARY:
Written comments must be
received on or before June 25, 2012.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2012–0234, using one of the
following methods: Via the Federal
eRulemaking Portal, at
www.regulations.gov, please follow the
on-line instructions; via Email to
wamsley.jerry@epa.gov; via mail or
delivery to Jerry Wamsley, Air Planning
Office, AIR–2, EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information you
consider to be CBI or otherwise
protected should be clearly identified as
DATES:
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such and should not be submitted
through www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. 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.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
Jerry
Wamsley, Air Planning Office, AIR–2,
EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901,
telephone number: (415) 947–4111, or
email address, wamsley.jerry@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA. We are providing the following
outline to aid in locating information in
this proposal.
Table of Contents
I. Background
A. PM10 NAAQS
B. Designation and Classification of PM10
Nonattainment Areas, Including the Paul
Spur/Douglas NA
C. How does EPA make attainment
determinations?
II. EPA’s Analysis
A. What is the Paul Spur/Douglas NA
monitoring network?
B. Do the Paul Spur/Douglas NA Monitors
meet minimum Federal ambient air
quality monitoring requirements?
C. What does the air quality data show for
the Paul Spur/Douglas NA?
III. EPA’s Clean Data Policy and the
Applicability of Clean Air Act Planning
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]]>Agencies
[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Proposed Rules]
[Pages 31265-31268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12804]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0595; FRL-9677-4]
Approval and Promulgation of Implementation Plans; Ohio; Volatile
Organic Compound Emission Control Measures for the Cleveland Ozone
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On June 1, 2011, the Ohio Environmental Protection Agency
(Ohio EPA) submitted several volatile organic compound (VOC) rules for
approval into its State Implementation Plan (SIP). These rules, which
include the source categories covered by the Control Technique
Guideline (CTG) documents issued in 2008, as well as several other
miscellaneous rule revisions, will help Ohio's effort to attain the
2008 ozone standard. These rules are approvable because they are
consistent with the CTG documents issued by EPA in 2008, and satisfy
the reasonably available control technology (RACT) requirements of the
Clean Air Act (Act).
DATES: Comments must be received on or before June 25, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0595, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: aburano.douglas@epa.gov.
Fax: (312) 408-2279.
Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Douglas Aburano, Chief, Attainment Planning
and Maintenance Section (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-
2011-0595. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov your email
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
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 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, Attainment Planning & 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 is EPA's analysis of Ohio's submitted VOC rules?
IV. Statutory and Executive Order Reviews
[[Page 31266]]
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--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 the Ohio SIP several new VOC and
amended VOC rules under Chapter 3745-21 of the Ohio Administrative Code
(OAC). These include new fiberglass boat manufacturing, miscellaneous
industrial adhesives, and automobile and light-duty truck assembly
coatings rules, which are consistent with the CTGs issued in 2008, as
well as revisions to definitions and rules for the control of VOC
emissions from stationary sources, storage of volatile organic liquids,
industrial cleaning solvents, and flatwood paneling coatings. These VOC
rules will help Ohio's effort to attain the 2008 ozone standard.
EPA is also proposing to approve into the Ohio SIP amendments to
OAC 3745-72, which contain its Low Reid Vapor Pressure Fuel
Requirements, so that it is consistent with EPA requirements regarding
special provisions for alcohol blends.
III. What is EPA's analysis of Ohio's submitted VOC rules?
As discussed previously, EPA issued new CTGs in 2008. EPA has
reviewed Ohio's new VOC rules for the source categories covered by
these CTGs, and proposes to find that those rules covered by the 2008
CTGs are consistent with the control measures, definitions,
recordkeeping, and test methods in these CTGs and applicable EPA RACT
guidance at www.epa.gov/ttn/naaqs/ozone/ozonetech/#ref. Ohio's revised
VOC rules are also consistent with applicable EPA guidance as described
above. Therefore EPA is proposing to approve these rules as meeting the
RACT requirements in the Act. A brief discussion of these rules
follows.
(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) 3745-21-09--Control of Emissions of VOC From Stationary Sources and
Perchloroethylene From Dry Cleaning Facilities
The main revisions in this section are the expiration of the
control requirements in 3745-21-09 (C), (U), and (HH) for the ``Surface
coating of automobile and light-duty trucks,'' ``Surface coating of
miscellaneous metal parts and products,'' and ``Surface coating of
automotive/transportation and business machine plastic parts,'' when
those sources, in the former Cleveland-Akron-Lorain 1997 8-hour ozone
nonattainment area (Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina,
Portage, and Summit Counties) become subject to and comply with the new
rules (discussed below) based on the new CTGs. These revisions are
approvable because the control requirements in the new CTGs are more
appropriate and include more stringent emission limits than the rules
being replaced.
Additional requirements for flares have been added to 3745-21-
09(JJ), (LL), (UU), (ZZ), and (BBB) for ``The Goodyear Tire and Rubber
Company,'' ``The Lubrizol Corporation,'' ``British Petroleum Company,
Toledo Refinery,'' ``Firestone Synthetic Rubber & Latex Company,'' and
``BF Goodrich Company Akron Chemical Plant.'' An unenforceable
numerical emission limit for BF Goodrich's agerite resin D process has
been replaced with the appropriate flare control requirements in
(DD)(10)(d), as well as the control equipment/flare monitoring
requirements in (10)(e), and the requirement in (10)(f) that the
control equipment/flare be operated at all times when emissions are
vented to it. For the other companies listed above, the flare control
requirements in (10)(d) have been enhanced by the addition of the
requirements in (10)(e) and (10)(f). The addition of these flare
requirements improves the enforceability of the control requirements in
3745-21-09(JJ), (LL), (UU), (ZZ), and (BBB) and they are therefore
approvable.
(3) 3745-21-21--Storage of Volatile Organic Liquids in Fixed Roof Tanks
and External Floating Roof Tanks
A minor revision was made to (D)(3)(c), which previously referred
to the requirements ``listed in paragraphs (D)(3)(c)(i) and
(D)(3)(c)(ii).'' This revision consisted of referring to the
``following'' requirements instead of the superfluous reference
``listed in paragraphs (D)(3)(c)(i) and (D)(3)(c)(ii).'' There was no
substantive change as a result of this rule revision.
(4) 3745-21-23--Control of VOC Emissions From Industrial Solvent
Cleaning Operations
Ohio revised its applicability cutoff in (A)(1)(c) to 3.0 tons VOC
emissions per twelve-month rolling period. This cutoff is consistent
with the applicability cutoff in several CTGs and is therefore
approvable.
Ohio has added alternatives, for manufacturers of coatings, inks or
adhesives, to the VOC-content limitations in (C)(1) and the cleaning
requirements in (C)(2). These requirements, in (C)(6)(b) are based on
the (California) Bay Area Air Quality Management District's rules,
which are referenced in EPA's CTG. These requirements apply to cleaning
mixing vats, high dispersion mills, grinding mills, tote tanks, and
roller mills and consist of four options: (1) The solvent or solvent
solution used must either contain less than 1.67 pounds VOC per gallon
or have a VOC composite partial vapor pressure of less than or equal to
8 millimeters (mm) of mercury (Hg); (2) several work practices must be
implemented, including storing all VOC-containing cleaning materials in
closed containers; (3) the emissions from equipment cleaning must be
collected and vented to an emission control system with an overall
control efficiency of 80 percent or more on a mass basis; or (4) no
more than 60 gallons of fresh solvent per month may be used (records of
which are required to be kept in (G)((7)), and all VOC-containing
cleaning materials must be stored in closed containers. In addition,
the owner or operator of a facility engaged in wipe cleaning may not
use open containers for the storage of organic compounds to be used for
cleaning, or for the storage or disposal of any material impregnated
with organic compounds used for cleaning.
[[Page 31267]]
Records of the volume of fresh solvent used per month, VOC content in
pounds of VOC per gallon or VOC composite pressure are required, if
applicable to the option chosen for achieving compliance.
Paragraph (J) includes sufficiently detailed monthly recordkeeping
requirements for any facility that determines that it is exempt from
the requirements of this rule because emissions are less than 3.0 tons
per twelve-month rolling period. These cleaning solvent requirements
are therefore approvable because they are consistent with EPA guidance
and require adequate recordkeeping.
(5) 3745-21-24--Flat Wood Paneling Coatings
Ohio added a paragraph (H) to provide the proper test methods for
use when a facility chooses to comply by use of an add-on control
device. These test methods are consistent with, and include, EPA test
methods and compliance testing requirements.
Paragraph (K) includes sufficiently detailed daily recordkeeping
requirements for any facility that determines it is exempt from the
requirements of this rule because emissions are less than 15.0 pounds
of VOC per day.
The additions to Ohio's flat wood paneling coating rule are
therefore approvable.
(6) 3745-21-27--Boat Manufacturing
This new regulation is based on and is consistent with EPA's 2008
CTG for Fiberglass Boat Manufacturing Materials. The control
requirements for fiberglass boat manufacturing operations in the former
Cleveland-Akron-Lorain 1997 8-hour ozone nonattainment area apply if
the combined emissions of VOC from all such operations equal or exceed
2.7 tons per rolling twelve-month period. This rule covers open molding
and gel coat operations, resin and gel coat mixing operations, and
resin and gel coat application equipment cleaning operations. Emission
limits are consistent with the CTG, as are VOC content and vapor
pressure limits applicable to cleaning activities associated with
fiberglass boat manufacturing.
Subject facilities can comply by using specified monomer VOC
content limits (e.g. production resin applied via atomized spray would
need to comply with a weighted average monomer VOC content limit of 28
percent by weight) and a non-monomer VOC content limit of 5 percent. An
emission averaging option is also available.
The VOC containing cleaning solutions for routine cleaning of
application equipment must either be no more than 5 percent VOC, by
weight, or the composite vapor pressure must be no more than 0.50 mmHg.
Also, mixing containers that are 55 gallons or greater must be covered.
Recordkeeping requirements are also specified to establish
applicability and compliance with the applicable limits.
This rule is therefore consistent with RACT and is approvable.
(7) 3745-21-28--Miscellaneous Industrial Adhesives and Sealants
This new regulation is based on and is consistent with EPA's 2008
CTG for Miscellaneous Industrial Adhesive Application Operations. The
control requirements for miscellaneous industrial adhesive application
operations in the former Cleveland-Akron-Lorain 8-hour ozone
nonattainment area apply if the combined emissions of VOC from all such
operations equal or exceed 3.0 tons per twelve-month rolling period.
Subject adhesive application operations must either meet the specific
VOC content limitations, depending upon the application or the
substrate being bonded (e.g. 0.3 pounds VOC per gallon of adhesive for
bonding metal) or use an add-on control system that achieves an overall
VOC reduction of at least 85 percent. Specific adhesive application
methods (e.g. electrostatic spray) and work practices are required to
reduce emissions. Recordkeeping requirements are also specified to
establish applicability and compliance with the applicable limits.
This rule is therefore consistent with RACT and is approvable.
(8) 3745-21-29--Control of VOC Emissions From Automobile and Light-Duty
Truck Assembly Coating Operations
This new regulation is based on and is consistent with EPA's 2008
CTG for Auto and Light-Duty Truck Assembly Coatings. The control
requirements for automobile and light-duty truck assembly coating
operations in the former Cleveland-Akron-Lorain 8-hour ozone
nonattainment area apply if the combined emissions of VOC from all such
operations equal or exceed 3.0 tons per twelve-month rolling period.
Specified emission limits, e.g. 12.0 pounds VOC/gallon coating solids
deposited for topcoat operations, are consistent with the CTG. As
specified in the CTG, compliance with these limits is based on EPA's
``Protocol for Determining the Daily VOC Emission Rate of Automobile
and Light-Duty Truck Primer-Surfacer and Topcoat Operations.'' This
testing protocol considers the VOC content limit, the transfer
efficiency and the efficiency of add-on control to establish compliance
with the applicable emission limit.
Work practices for coating-related activities and cleaning
materials, such as storing all VOC-containing coatings, thinners, and
coating-related waste materials in closed containers are also required.
Appropriate compliance procedures and test methods, as well as
sufficient recordkeeping requirements to establish compliance and
applicability are also included in this regulation.
This rule is therefore consistent with RACT and is approvable.
(9) 3745-72--Low Reid Vapor Pressure Fuel Requirements
Ohio's amendments to OAC 3745-72, which contain its low Reid vapor
pressure fuel requirements, are approvable because they are consistent
with EPA requirements regarding special provisions for alcohol blends.
Conclusion
EPA is proposing to approve into the Ohio SIP the new rules for
fiberglass boat manufacturing (3745-21-27), miscellaneous industrial
adhesives (3745-21-28), and automobile and light-duty truck assembly
coatings (3745-21-29), as well as amended rules for definitions (3745-
21-01), the control of VOC emissions from stationary sources (3745-21-
09), storage of volatile organic liquids (3745-21-21), industrial
cleaning solvents (3745-21-23), flat wood paneling coatings (3745-21-
24), and low Reid vapor pressure fuel requirements (3745-72).
V. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR Part 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Act. 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
[[Page 31268]]
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
Air pollution control, Environmental protection, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: May 14, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-12804 Filed 5-24-12; 8:45 am]
BILLING CODE 6560-50-P
