Air Plan Approval; Ohio; Control of Emissions of Organic Materials That Are Not Regulated by VOC RACT Rules, 31916-31922 [2017-14400]
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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0272; FRL–9964–46Region 5]
Air Plan Approval; Ohio; Control of
Emissions of Organic Materials That
Are Not Regulated by VOC RACT Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), revisions to the
Ohio Administrative Code (OAC) rule as
part of Ohio’s State Implementation
Plan (SIP). This rule has generally been
revised to: make minor style changes to
meet Ohio’s legislative service
commission style and formatting
guidelines; add specific effective dates
within the rule; correct certain errors
and omissions introduced when the rule
was last revised; remove facilities and
units that have been permanently shut
down; update the names of certain
subject facilities; and modify certain
source applicability exclusions. Sources
controlled by this rule are not covered
by existing Volatile Organic Compound
(VOC) Reasonably Available Control
Technology (RACT) rules or other
organic material emission control rules
in Ohio’s Administrative Code.
DATES: This direct final rule is effective
September 11, 2017, unless EPA
receives adverse comments by August
10, 2017. If adverse comments are
received by EPA, EPA will publish a
timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0272, at https://
www.regulations.gov, or via email to
Aburano.Douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
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ADDRESSES:
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discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, 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) 886–1767,
Dagostino.Kathleen@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 revisions has Ohio made in rule
3745–21–07 and are they approvable as
a revision of the Ohio SIP?
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. What revisions has Ohio made in rule
3745–21–07 and are they approvable as
a revision of the Ohio SIP?
The rule at OAC 3745–21–07 was
adopted by the state of Ohio to control
airborne emissions of organic materials
from existing (as of the effective date of
the adopted rule) sources not covered by
other VOC emission control rules in
OAC 3745–21. Most recently, EPA
approved revisions to OAC 3745–21–07
into the Ohio SIP on August 19, 2011
(76 FR 51901).
On April 29, 2016, the Ohio
Environmental Protection Agency
(OEPA) submitted an amended OAC
3745–21–07, requesting that EPA
approve the rule amendments as a
revision to the Ohio SIP. The following
summarizes the rule revisions and
discusses whether these rule revisions
are approvable as SIP revisions.
Where we note ‘‘this rule’’ or ‘‘the
rule,’’ unless otherwise noted, we mean
OAC 3745–21–07.
3745–21–07
The title of the rule has been revised
to ‘‘Control of emissions of organic
materials from stationary sources (i.e.,
emissions that are not regulated by rule
3745—21–09, 3745–21–12 to 3745–21–
16, or 3745–21–18 to 3745–21–29 of the
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Administrative Code.’’ This title change
accounts for the addition of VOC
emission control rules that now cover
some of the sources formerly covered by
OAC 3745–21–07.
(A) Applicability:
(A)(1)—‘‘RESERVED’’ modified to
‘‘Reserved.’’
(A)(2)—‘‘RESERVED’’ modified to
‘‘Reserved.’’
(A)(3) — This paragraphs states that
OAC 3745–21–07 applies to any source
or operation for which installation
commenced prior to February 18, 2008,
and that is specified in paragraphs (K)
through (N) of this rule. This rule does
not apply to VOC emissions from
sources or operations subject to rules
3745–21–09, 3745–21–12 to 3745–21–
16, or 3745–21–18 to 3745–21–29. Any
owner or operator of a source or
operation identified in paragraphs (K) to
(N) of this rule must have complied
with the facility-specific and general
emission control requirements of this
rule by February 18, 2008. This
paragraph was revised to reflect that
new VOC emission control rules now
cover some of the sources formerly
covered by OAC 3745–21–07.
The other rule revision in this
paragraph replaces what was previously
‘‘the effective date of this rule’’ by a
specific date, February 18, 2008.
February 18, 2008, was the effective
date of the previous version of this rule;
therefore, specifying this date retains
and clarifies the date used to define the
group of sources or operations subject to
the requirements of this rule and the
date by which subject emission control
requirements must be implemented.
(A)(4)—This paragraph voids
emission control requirements or
operational restrictions contained in a
permit-to-install, permit-by rule, permitto-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. The
revisions to this rule paragraph include
the replacement of ‘‘the effective date of
this rule’’ with the date February 18,
2008, grammatical corrections, and the
addition of rule paragraph (N)(3) the list
of emission limitations and control
requirements in paragraph (A)(4). The
list should include all paragraphs that
contain an emission limitation or
control requirement, but paragraph
(N)(3) was inadvertently left out when
Ohio last revised the rule.
(A)(5)—This paragraph states that this
rule shall not apply to any source,
including any new source, as defined in
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rule OAC 3745–15–01, for which
installation commenced after ‘‘February
18, 2008,’’ revised from ‘‘the effective
date of this rule.’’
(A)(6)—This paragraph lists the
emission test methods or emission data
sources that may be used to demonstrate
compliance for sources subject to mass
emission rates under the rule. This rule
paragraph has been revised to clarify
that the owner or operator of a subject
source or operation may demonstrate
compliance using one of the three
compliance methods listed.
(B)–(J)—‘‘RESERVED’’ modified to
‘‘Reserved’’ for all of these rule
paragraphs.
(K) Facility-specific control
requirements for storage tanks
(stationary tank, reservoir, or other
container):
(K)(1)—This paragraph lists source
facility owners or operators, source
facility IDs, and source emission unit
IDs for emission units subject to the
emission control requirements in
paragraph (K)(2), which requires that
the storage tanks containing any liquid
organic material that has a vapor
pressure of 1.5 pounds per square inch
or greater, under actual storage
conditions, be equipped with one of the
following: (a) A floating pontoon or
double-deck type cover that includes
closure seals (not permitted if the liquid
in the tank has a vapor pressure of 12.5
pounds per square inch absolute or
greater under actual storage conditions);
or (b) a vapor recovery system or control
system that reduces the emissions of
organic compounds by at least 90
percent by weight.
The owner or operator names in the
table of facilities and emissions units
subject to the requirements of paragraph
(K)(2) have been revised as noted here:
‘‘The Glidden Company’’ has been
revised to ‘‘Akzo Nobel Coatings, Inc.;’’
a subject emissions unit associated with
Azko Nobel Coatings, ‘‘T066,’’ has been
removed due to permanent shutdown;
and ‘‘Marathon Ashland Petroleum,
LLC’’ has been revised to ‘‘Marathon
Petroleum Company LP—Brecksville
Terminal.’’
(K)(3)—This paragraph lists source
facility owners or operators, source
facility IDs, and source emission unit
IDs for emission units consisting of
storage tanks with capacities equal to or
less than 65,000 gallons, subject to the
control requirements in paragraph
(K)(4), which requires subject sources to
not place, store, or hold in any storage
tank identified in (K)(3) any liquid
organic material that has a vapor
pressure of 1.5 pounds per square inch
absolute or greater, under actual storage
conditions, unless the storage tank is
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equipped with a permanent submerged
fill pipe, or is loaded through the use of
a portable loading tube, which can be
inserted below the liquid level during
loading operations, or is fitted with a
vapor recovery system as described in
paragraph (K)(2)(b) of this rule.
Rule paragraph (K)(3) has been
amended to remove the following
sources previously subject to the
requirements of (K)(4) due to permanent
shutdown: Newark Air Force Base/
AGMC (source facility 0145020224,
source units T012 and T013); the
Lubrizol Corporation, Wickliffe Facility
(source facility 0243150025, source
units T224 and T225); Veolia
Environmental Services, LLC (source
facility 0857751346, source units P006,
T001, T005, T007, T017, T026, T040,
T042, T044, T049, T051, T065, and
T068); Clorox Company (source facility
1318000864, source unit T012); and
Strongsville Expressmart (source facility
1318554294, source unit T008). For
‘‘Hukill Chemical Corporation’’ (source
facility 1318030172), emissions unit
T062 has been removed due to
permanent shutdown. The following
subject owner/operator names have
been revised: ‘‘Tremco, Inc.’’ has been
revised to ‘‘Tremco, Inc.—Mameco
Division’’; ‘‘Marathon Ashland
Petroleum Corporation’’ has been
revised to ‘‘Marathon Petroleum
Company LP—Brecksville Terminal’’;
and ‘‘Glastic Corporation, Cleveland
Facility’’ has been revised to ‘‘Rochling
Glastic Composites’’.
(L) Facility-specific control
requirements for oil-water separators
(effluent water separators):
(L)(1)—The owner/operator name of
the only subject facility listed has been
revised from ‘‘Marathon Ashland
Petroleum, LLC’’ to ‘‘Marathon Ashland,
LLC—CLOW’’.
(M) Facility-specific and general
control requirements for emissions from
operations using liquid organic
materials:
Table ‘‘(M)(1) Emissions Units’’ under
paragraph (M)(1) lists owners/operators,
source facility IDs, and emission units
subject to the emission control
requirements of paragraph (M)(2). Table
(M)(1) has been revised as follows:
a. The following owners/operators
and their associated source facilities and
emission units have been removed from
the list of applicable sources due to
permanent shutdown: TS Trim
Industries, Incorporated; Plastech
Engineered Products, Incorporated (two
facilities); Clean Harbors PPM, LLC;
Structural North America; PFF/MFD/
STD of Avery Dennison; GE Quartz,
Incorporated, Willoughby Plant; Cantar/
Polyair Corporation; Roemer Industries,
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Incorporated; Peerless—Winsmith,
Incorporated; Eaton INOAC, Company;
Manufacturers Enameling Corporation;
Mill’s Pride, Incorporated; Delphi
Chassis Systems, Needmore Operations;
Delphi Classic Systems, Home Avenue;
Pitney Bowes; Veolia Environmental
Services, LLC; The Chemical Solvents,
Incorporated; Queen City Barrel
Company; Owens Corning Trumbull;
Alex Fries and Bros., Incorporated; and
Blackhawk Automotive Plastics,
Incorporated.
b. The following owner/operator
names were revised with no other
revisions to the applicable source
facility IDs or source units: ‘‘Akzo
Nobel’’ has been revised to ‘‘Akzo Nobel
Coatings, Inc.;’’ ‘‘Kraftmaid Cabinetry,
Inc., Middlefield #1’’ has been revised
to ‘‘Masco Cabinetry Middlefield LLC
(KraftMaid Plant #1);’’ ‘‘Chem
Development’’ has been revised to ‘‘The
Kennedy Group;’’ ‘‘LESCO, Inc.’’ has
been revised to ‘‘Turf Care Supply
Corp.—Martins Ferry Plant;’’ ‘‘Merillat
Industries, Inc.’’ has been revised to
‘‘Masco Cabinetry, Merillat, Jackson;’’
‘‘CDR Pigments and Dispersions’’ has
been revised to ‘‘Flint Group Pigments;
and ‘‘Emerald Polymer Additives’’ has
been revised to ‘‘Emerald Performance
Materials LLC.’’
c. The following subject sources have
been removed because they were
erroneously included in table (M)(1)
when the rule was last revised: 1 Waste
Technologies Industries, Incorporated
(facility ID 0215020233); 2 Troy
Laminating and Coating, Incorporated
(facility ID 0855140077); and, emissions
units P008 and P009 at Thermoseal,
Incorporated (facility ID 0575010161) 3
(in addition, emissions units P001–P005
and P011–P012 have been removed due
to permanent shutdown);
d. The entries for the following
subject sources have been revised as
described:
1. ‘‘Safety Kleen Corp.—Hebron
Recycle Center’’ has been revised to
1 When the rule was last revised, table (M)(1) was
established to list emission units covered by the
prior SIP-approved version of 3745–21–07.
Emissions control was not required for units
emitting less than 8 lbs/hr and 40 lbs/day. Because
the potential emissions from the subject units are
below this level, these units should not have been
listed in table (M)(1).
2 Regardless of the applicability of OAC 3745–21–
07, these tanks will continue to be controlled
through 40 CFR 61, subpart FF (National Emissions
Standard for Benzene Waste Operations) and 40
CFR 63, subpart DD (National Emissions Standard
for Hazardous Air Pollutants from Off-Site Waste
and Recovery Operations).
3 Regardless of the applicability of OAC 3745–21–
07, emission units P009, P010, and P014 at Troy
Laminating and Coating and P008 and P009 at
Thermoseal will continue to be controlled through
best available technology pursuant to SIP-approved
rule OAC 3745–31–05.
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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
‘‘Clean Harbors Recycling Services of
Ohio L.L.C.,’’ emission unit P002 has
been removed due to permanent
shutdown, and the facility ID
(0145020235) remains unchanged;
2. Iten Industries, Incorporated, Plant
1 (facility ID 0204010112) has been
removed because the only subject
emissions unit (P003) does not meet the
applicability requirements set forth in
paragraph (M)(3);
3. Pinney Deck and Transport
Company (facility ID 0204010172) has
been removed because the source was
erroneously included in table (M)(1)
since the only subject emissions unit
(P001), an air stripper for treating
contaminated ground water, is the
actual process and is not considered
emissions control and should not have
been listed in the rule;
4. ‘‘Ohio Sealants’’ has been revised to
‘‘Henkel Consumer Adhesives, Inc.,’’
emission unit P003 has been removed
due to permanent shut down, and the
facility ID (0243081155) remains
unchanged;
5. ‘‘Noveen, Inc.’’ has been revised to
‘‘Lubrizol Advanced Materials,’’
emission units P020 and P026 have
been removed due to shut down, and
the facility ID (0247030004) remains
unchanged;
6. Degussa Initiators, LLC has been
removed because the subject units do
not use photochemically reactive
materials;
7. ‘‘The Glidden Company’’ has been
revised to ‘‘Akzo Nobel Coatings, Inc.,’’
emission units P007 and P008 have
been removed due to permanent
shutdown, and the facility ID
(0322000043) remains unchanged;
8. Guardian Manufacturing (facility ID
0339030016): Emission unit IDs P001,
P002, and P004 have been renamed as
P801, P802, and P804;
9. Union Tank Car Company (facility
ID 0351010025) has been removed
because its subject emissions unit, P002,
does not employ a liquid organic
material, which is a criterion for rule
applicability;
10. BASF Corporation (facility ID
0819070134): Emission unit P011 has
been removed because it is now part of
P028 (which is listed);
11. Greenville Technologies, Inc.
(facility ID 0819070190): Emission units
K001, K002, K003, and K005 have been
removed due to permanent shutdown;
12. Dupont Electronic Polymers, LP
(facility ID 0857040727): For emission
units P025 and P027, the applicability
of paragraph (M)(2) has been restricted
to when these units are in methylene
chloride service (which is acceptable
because emissions under non-methylene
chloride operations are less than eight
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pounds per hour, which is lower than
the applicability cut point in the
original rule);
13. ‘‘Eurand’’ has been revised to
‘‘Aptalis Pharmatech, Inc.,’’ emission
unit P013 has been removed due to
permanent shutdown, and the facility ID
(0857171794) remains unchanged;
14. Neaton Auto Products
Manufacturing, Inc. (facility ID
08680300155): Emission unit R003 has
been added because it was installed in
2007 and inadvertently omitted from the
previous rule revision;
15. Rohm and Haas Chemicals, LLC
(facility ID 0868090072): Emission unit
P508 has been removed due to
permanent shutdown.
16. Day-Glo Color Corp. (facility ID
1318006552): Emission units P001,
P002, P008, P009, P024, P026, P027,
and P030 have been added; 4
17. ‘‘Polymers Additives’’ with
facility ID 1318030264 and emission
units P027 and P034 has been added; 5
18. ‘‘Ineos ABS Corporation’’ has been
revised to ‘‘Ineos ABS (USA)
Corporation,’’ emission unit P021 has
been removed because it was mistakenly
included in the prior revision to this
rule,6 emission units P010 and P036
have been added because these
continuous polymer drying operation
emissions units were inadvertently left
out of the prior revision to this rule, and
the facility ID (1431010054) remains
unchanged;
19. H.B. Fuller Company (facility ID
1431052206): Emission units P003–P006
have been removed due to permanent
shutdown;
20. ‘‘Ruetgers Organics Corporation’’
has been revised to ‘‘Nease
Corporation,’’ emission unit P025 has
been removed due to permanent
shutdown; and facility ID (1431111828)
remains unchanged;
21. PMC Specialties, Inc. (facility ID
141390137): Emission unit P022 has
been removed due to permanent
shutdown;
22. St. Bernard Soap Company has
been removed because the subject
emission units at this source never
employed any photochemically reactive
materials and thus should never have
been included in the rule; and,
23. ‘‘PPB Industries, Barberton Plant’’
has been split into two separate
4 On January 22, 2015 the facility submitted a
notification to Ohio EPA indicating that these
emissions units should be added to paragraph
(M)(1) as required by paragraph (M)(3)(b).
5 On January 22, 2015 the facility submitted a
notification to Ohio EPA indicating that these
emissions units should be added to paragraph
(M)(1) as required by paragraph (M)(3)(b).
6 The potential organic compound emissions for
emissions unit P021 are less than 8 lbs/hr and 40
lbs/day, therefore, emissions control is not required.
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facilities, ‘‘PPG Industries, South Plant’’
(with facility ID 1677020162 and unit
P099) and ‘‘PPG Industries, Teslin
Plant’’ (with facility ID 1677020164 and
units P110, P114, and P115 7), and
emission unit P098 has been removed
because it is exempt from the rule.8
(M)(2)—This paragraph requires each
article, machine, equipment or other
contrivance identified in paragraph
(M)(1) or meeting paragraph (M)(3)(a) of
the subject rule (3745–21–07) to be
equipped with a control system that
reduces the organic compound
emissions from the source by an overall
control efficiency of at least 85 percent,
by weight. If the emission reductions are
achieved by incineration, the
incineration must oxidate the carbon in
the captured organic material to carbon
dioxide by 90 percent or more.
Paragraph (M)(2) has been edited to
revise the phrase ‘‘meeting the
specifications of paragraph (M)(3)(a)’’ to
‘‘meeting paragraph (M)(3)(a).’’
(M)(3)—This paragraph covers 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
contrivance meeting all of these
conditions must comply with the
emission control requirements in (M)(2).
(M)(3)(a)(ii)—This paragraph has been
revised from ‘‘Commenced installation
prior to the effective date of the rule’’ to
‘‘Commenced installation prior to
February 18, 2008.’’
(M)(3)(a)(v)—This paragraph states
that emissions are not subject to (M)(2)
if they are subject to control
requirements specified in other listed
rules. The list of rules has been
simplified and expanded by revising
from ‘‘3745–21–09, 3745–12, 3745–13,
3745–14, 3745–15, 3745–16, or 3745–
21–18’’ to ‘‘3745–21–09, 3745–12 to
3745–16, or 3745–21–18 to 3745–21–
29.’’ This is acceptable because the
emissions subject to the additional rules
listed are being controlled under those
rules.
(M)(3)(a)(ix)—This paragraph, which
excludes fuel burning equipment as
7 Emissions unit P115 was installed in November
2007 and inadvertently left out of the prior revision
of this rule.
8 This emissions unit is exempt from the
requirements of paragraphs (M)(3)(a), (M)(2) and
(M)(1) per paragraph (M)(3)(c)(iv), which exempts
an emissions unit that is subject to and complying
with a federal regulation that specifies an overall
control efficiency for organic compound or VOC
emissions that is greater than eighty-five percent, by
weight. This emissions unit is subject to 40 CFR
part 63, subpart FFFF, which requires total organic
HAP emissions to be reduced by at least 98% by
weight or to an outlet concentration of 20 ppmv or
less.
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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
defined in rule 3745–17–01, has been
revised to remove the identification of
the specific paragraph under 3745–17–
01 that contains the definition of fuel
burning equipment.
(M)(3)(b)—This paragraph requires
the owner/operator of a source meeting
the conditions of this paragraph to
notify OEPA of the need to include the
subject owner/operator, facility ID, and
source ID in the list of applicable
sources under paragraph (M)(1).
Paragraph (M)(3)(b) has been revised to
include the following revisions: (1)
‘‘meeting the specifications of paragraph
(M)(3)(a) of this rule’’ has been revised
to ‘‘meeting paragraph (M)(3)(a) of this
rule’’; (2) ‘‘Ohio environmental
protection agency’’ has been revised to
‘‘Ohio EPA’’; and (3) the time limit for
notifying OEPA has been revised from
‘‘within ninety days after the effective
date of this rule’’ to ‘‘by May 18, 2008.’’
This corresponds with the revision in
language elsewhere in the rule from
‘‘the effective date of this rule’’ to
‘‘February 18, 2008.’’
(M)(3)(c)—This paragraph states that
any article, equipment, or other
contrivance that meets any of the
conditions of this paragraph shall not be
subject to the conditions and
requirements of paragraphs (M)(3)(a)
and (M)(3)(b). Paragraph (M)(3)(c) has
been revised to convert ‘‘subject to the
requirements of paragraphs (M)(3)(a)
and (M)(3)(b)’’ to ‘‘subject to paragraphs
(M)(3)(a) and (M)(3)(b).’’
(M)(3)(c)(i)—This paragraph provides
a source installation time cutoff, which
has been revised from ‘‘commenced
installation after the effective date of
this rule’’ to ‘‘commenced installation
after February 18, 2008.’’
(M)(3)(c)(vi)—This paragraph exempts
a heatset web offset printing line that is
subject to and complying with a best
available technology requirement
pursuant to rule 3745–31–05, and that
specifies the dryer(s) is to be equipped
with a control device having either a
control efficiency for organic compound
or volatile organic compound emissions
that is equal to or greater than 90
percent, by weight, or an outlet
concentration of less than 20 parts per
million, by volume, dry basis. This
condition has been revised to replace
‘‘dryer(s)’’ with ‘‘dryer.’’
(M)(3)(d)—This paragraph exempts
specified articles, machines, equipment
or other contrivances from the
requirements of paragraphs (M)(3)(a)
and (M)(3)(b). The beginning of this
paragraph has been modified by the
conversion of the phrase ‘‘subject to the
requirements of paragraphs (M)(3)(a)
and (M)(3)(b)’’ to the phrase ‘‘subject to
paragraphs (M)(3)(a) and (M)(3)(b).’’
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(M)(3)(d)(i)—This paragraph exempts
emission units identified in the
remaining paragraphs in (M)(3)(d) that
obtain an alternative emission limit or
emission control requirement pursuant
to paragraph (M)(5)(e). Paragraph
(M)(3)(d)(x) has been deleted to correct
an apparent typographical error.
(M)(3)(d)(iii)—The owner/operator
listed in this paragraph has been revised
from ‘‘The Nylonge Corporation’’ to
‘‘3M Elyria’’ and to remove emissions
unit P005 due to permanent shutdown.
(M)(3)(d)(v)—This paragraph has been
modified by the conversion of the
phrase ‘‘to the levels specified’’ to the
phrase ‘‘as specified.’’
(M)(3)(d)(vi)—The owner/operator
listed in this paragraph has been revised
from ‘‘Honda Marysville Auto Plant’’ to
‘‘Honda of America Mfg., Inc.,
Marysville Auto Plant’’ and the subject
facility ID has been revised from
‘‘0180000130’’ to ‘‘0180010193.’’
(M)(3)(d)(vii) and (M)(3)(d)(viii)—
These paragraphs have been removed
due to the permanent shutdown of
‘‘Honda Anna Engine Plant’’ and
‘‘Florida Production Engineering.’’
(M)(3)(d)(ix)—The owner/operator
listed in this paragraph has been revised
from ‘‘PPG Industries, Barberton Plant’’
to ‘‘PPG Industries, North Plant’’ and
the subject facility ID has been revised
from ‘‘1677020009’’ to ‘‘1677020163’’.
(M)(3)(e)—This paragraph controls
VOC emissions from the application of
adhesives or other coatings at flock lines
at the Cooper Standard Automotive,
LLC facility in Bowling Green. This rule
paragraph contains the following rule
revisions: (1) Flock line 1 has been
removed due to permanent shutdown
and (2) the emissions units for flock
lines 2, 3, and 4 have been renumbered
to ‘‘P078, P079, and P080 in accordance
with permit-to-install P0111501.’’
(M)(3)(f)—This paragraph, which
controlled the VOC emissions from a
windshield glass system coating
operation at the ‘‘GMC Truck and Bus
Group Moraine’’ facility, has been
deleted due to permanent shutdown of
the facility.
(M)(3)(g)—This paragraph, except as
provided in paragraphs (M)(3)(h) and
(M)(5), applies to all existing sources
located in a ‘‘Priority I’’ county, as
identified in rule 3745–21–06 of the
Ohio Administrative Code and to new
sources, as defined in rule 3745–15–01
of the Ohio Administrative Code,
regardless of location, for which
installation commenced prior to the
effective date this rule. This rule
paragraph has been revised to replace
‘‘the effective date of this rule’’ with
‘‘February 18, 2008.’’
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(M)(3)(h)—This paragraph applied to
emissions unit P027 at Venture
Holdings Corporation—Conneaut
Facility (currently known as Continental
Structural Plastics, facility ID
0204020245). This paragraph was
removed because the emissions unit is
exempt from this rule per OAC rule
3745–21–25(A)(3), which states that
‘‘upon achieving compliance with this
rule, the reinforced plastic composites
production operations at the facility are
not required to meet the requirements of
rule 3745–21–07 of the Administrative
Code.’’
(M)(4)—This paragraph, except as
provided in paragraph (M)(5) of this
rule, applies to all existing sources in a
‘‘Priority I’’ county, as identified in rule
3745–21–06 of the Ohio Administrative
Code, and to all new sources, as defined
in rule 3745–15–01, regardless as
location, for which installation
commenced prior to the effective date of
this rule. This rule paragraph has been
revised to replace ‘‘the effective date of
this rule’’ with ‘‘February 18, 2008.’’
(M)(5) Exemptions.
(M)(5)(a)—This paragraph states that
paragraph (M)(2) shall not apply to the
use of any cleanup material in any
article, machine, equipment or other
contrivance described in paragraph
(M)(2). This rule paragraph has been
modified by the conversion of the
phrase ‘‘The provisions of paragraph
(M)(2)’’ to the phrase ‘‘Paragraph
(M)(2).’’
(M)(5)(b)—This paragraph states that
paragraphs (M)(2), (M)(3)(a), and (M)(4)
shall not apply for material used in
sources described in paragraphs (M)(2),
(M)(3)(a), and (M)(4) if the emission is
not a VOC. This paragraph has been
modified by the conversion of the
phrase ‘‘The provisions of paragraph’’ to
‘‘Paragraph.’’
(M)(5)(c)—The beginning of this
paragraph has been modified by the
conversion of the phrase ‘‘The
provisions of paragraph’’ to
‘‘Paragraph.’’
(M)(5)(d)—The beginning of this
paragraph been modified by the
conversion of the phrase ‘‘The
provisions of paragraph’’ to
‘‘Paragraphs.’’ This paragraph contains
two exemptions [(M)(5)(d)(i) and (ii)]
based on the use of low VOC content
material. Originally these exemptions
only applied to paragraph (M)(4).
Paragraph (M)(5)(d) now also applies
these exemptions to paragraphs (M)(1),
(M)(2), and (M)(3)(a). These exemptions
were provided for in a previous SIPapproved version of the rule but were
erroneously omitted in the last rule
revision. In addition, the beginning of
both paragraphs (M)(5)(d)(i) and
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(M)(5)(d)(ii) have been revised by
converting the phrase ‘‘The volatile
content of the material described in
paragraph (M)(4)’’ to the phrase ‘‘The
volatile content of the material used in
any article, machine, equipment, or
other contrivance described in
paragraph (M)(1), (M)(2), (M)(3)(a) or
(M)(4).’’
Note that recordkeeping provisions
for these exemptions were also added in
new paragraph (M)(5)(j) to allow subject
emissions units to switch between
exempt and non-exempt liquid organic
materials with respect to paragraph
(M)(5)(d).
(M)(5)(e)—The beginning of this
paragraph has been modified by the
conversion of the phrase ‘‘The
provisions of paragraphs’’ to the phrase
‘‘Paragraphs.’’ This rule paragraph
exempts sources from the emission
controls in rule paragraphs (M)(2),
(M)(3)(d), (M)(3)(e), (M)(3)(f), (M)(3)(g),
(M)(3)(h), and (M)(4) if the conditions
contained in (M)(5)(e)(i), (ii), and (iii)
are met.
(M)(5)(e)(i)—This condition deals
with a situation where best available
control technology is less stringent than
or inconsistent with the emission
control requirements in rule paragraph
(M). A number of revisions have been
made in this condition, and the revised
condition now reads as:
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The director has determined that
requirements equivalent to best available
technology for the article, machine,
equipment or other contrivance is a control
requirement or emission limitation that is
either less stringent than or inconsistent with
paragraph (M) of this rule. The equivalent
best available technology requirement shall
be consistent with division (F) of section
3704.01 of the Revised Code, equivalent to
best available technology under rule 3745–
31–05 of the Administrative Code for the
purpose of this paragraph, shall provide,
where a control requirement or emission
limitation is applicable, the lowest emission
limitation that the article, machine,
equipment or other contrivance is capable of
meeting by the application of control that is
reasonably available considering
technological and economic feasibility. Also,
for article, machine, equipment or other
contrivance located within an ozone
nonattainment area, the best available
technology determination must comply with
Section 193 of the Clean Air Act amendments
of 1990, general savings clause.
This revision allows sources
constructed before 1976 that do not
trigger the applicability of OAC rule
375–31–05, to voluntarily accept best
available technology requirements
equivalent to those contained 375–31–
05 and thus qualify for the same
exemption that subject sources can
obtain.
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(M)(5)(e)(ii)—This condition applies
when EPA has notified OEPA in
writing, prior to the issuance of a final
permit-to-install, that EPA has no
objection to the issuance of the permit.
In this paragraph ‘‘Ohio environmental
protection agency’’ has been revised to
‘‘Ohio EPA;’’ and,
(M)(5)(e)(iii)—This condition applies
where a final permit-to-install has been
issued by OEPA pursuant to Chapter
3745–31 of the Administrative Code. In
this paragraph, ‘‘Ohio environmental
protection agency’’ has been revised to
‘‘Ohio EPA.’’
(M)(5)(f)—This paragraph provides an
exemption from paragraph (M)
requirements for the use of liquid
organic material whose emissions are
regulated by specified emission control
rules. This paragraph has been modified
by the conversion of the phrase ‘‘The
provisions of paragraph (M)’’ to the
phrase ‘‘Paragraph (M).’’ The specified
emission control rule list has been
revised to include rules ‘‘3745–21–09,
3745–21–12 to 3745–21–16, or 3745–
21–18 to 3745–21–29 of the
Administrative Code.’’ This revision
accounts for the addition of VOC
emission control rules that now cover
some of the sources formerly covered by
OAC 3745–21–07.
(M)(5)(g)—This paragraph exempts
sources located in Darke, Fairfield,
Madison, Perry, Pickaway, Preble, or
Union Counties and located within
facilities having the potential to emit
not more than 100 tons of organic
material per year from the requirements
of paragraphs (M)(3)(a), (M)(3)(b),
(M)(3)(g), and (M)(4). The beginning of
this paragraph has been modified by the
conversion of the phrase ‘‘The
provisions of paragraphs’’ to
‘‘Paragraphs.’’
(M)(5)(h)—The beginning of this
paragraph has been revised from ‘‘The
provisions of paragraph’’ to
‘‘Paragraph.’’
(M)(5)(i)—This paragraph been added:
‘‘Paragraph (M)(2) of this rule shall not
apply to the use of phenolic urethane
cold box resin binder system in foundry
core-making and mold-making
operations, provided the catalyst gas
emissions are vented to a control device
that is designed and operated to remove
at least ninety-eight per cent by weight,
of the catalyst gas emissions or maintain
a maximum catalyst gas outlet
concentration of one ppmv on a dry
basis, whichever is less stringent. (In a
phenolic urethane cold box resin binder
system, sand is mixed with a two-part
liquid urethane resin binder, and a
catalyst gas is blown into the resincoated sand to cause hardening.)’’ This
exemption was contained in a previous
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SIP-approved version of this rule, but
was erroneously omitted during the last
revision.
(M)(5)(j)—This paragraph was added
to require the owner or operator of an
article, machine, equipment or other
contrivance that is exempt per
paragraph (M)(5)(d) of this rule to
maintain the following records for all
materials used. This addition ensures
the enforceability of the rule provisions.
(M)(5)(j)(i)—The name and
identification number of each liquid
organic material used.
(M)(5)(j)(ii)—The composition of each
material including the volatile content
by volume percent of water. If exempt
because of paragraph (M)(5)(d)(i) of this
rule then the liquid organic material
content, except water, relative to the
volatile content (per cent by volume) or,
if exempt because of paragraph
(M)(5)(d)(ii) of this rule, the volatile
content relative to the total material (per
cent by volume).
(M)(5)(j)(iii)—All time periods
(beginning and ending dates and time)
for each material that is exempt per
paragraph (M)(5)(d) of this rule.
(N) Facility-specific control
requirements for waste gas flare
systems:
(N)(1)—This paragraph specifies the
owners/operators, facility IDs, and
emission units subject to the control
requirements of paragraph (N)(2).
‘‘CECOS International’’ (facility ID
1413000186) was removed from
paragraph (N)(1) due to permanent
shutdown of the facility.
(N)(3)—The owner/operator listed in
this paragraph has been revised from
‘‘Aircraft Braking Systems, Corp.’’ to
‘‘Meggitt Aircraft Braking Systems,
Corp.’’.
II. What action is EPA taking?
EPA is approving, as part of Ohio’s
SIP, OAC rule 3745–21–07, as revised,
now entitled ‘‘Control of emissions of
organic materials from stationary
sources (i.e., emissions that are not
regulated by rule 3745–21–09, 3745–21–
12 to 3745–21–16, or 3745–21–18 to
3745–21–29 of the Administrative
Code.’’
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective September 11, 2017 without
further notice unless we receive relevant
adverse written comments by August
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10, 2017. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that, if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
September 11, 2017.
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III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Ohio Regulations
described in the proposed amendments
to 40 CFR part 52 set forth below.
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.9
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 5 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
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:
9 62
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 11, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 21, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870, the table in paragraph
(c) is amended under ‘‘Chapter 3745–21
Carbon Monoxide, Ozone, Hydrocarbon
Air Quality Standards, and Related
Emission Requirements’’ by revising the
entry for ‘‘3745–21–07’’ to read as
follows:
■
§ 52.1870
*
Identification of plan.
*
*
(c) * * *
FR 27968 (May 22, 1997).
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EPA-APPROVED OHIO REGULATIONS
Ohio citation
Ohio effective
date
Title/subject
*
*
*
*
EPA approval date
*
Notes
*
*
Chapter 3745–72 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
*
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 to
3745–21–16, or 3745–21–18 to 3745–21–29 of
the Administrative Code).
*
*
*
*
*
*
*
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[FR Doc. 2017–14400 Filed 7–10–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 770
[EPA–HQ–OPPT–2017–0243, FRL–9963–05]
RIN 2070–AK30
Labeling Relief; Formaldehyde
Emission Standards for Composite
Wood Products
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to amend a final rule that
published in the Federal Register on
December 12, 2016 concerning
formaldehyde emission standards for
composite wood products. The
amendment will allow compliant
composite wood products and finished
goods that contain compliant composite
wood products that were manufactured
prior to December 12, 2017 to be labeled
as Toxic Substances Control Act (TSCA)
Title VI compliant. This means that
regulated composite wood products and
finished goods that meet the required
formaldehyde emissions standards
could be voluntarily labeled as
compliant as soon as compliance can be
achieved. This will enhance regulatory
flexibility and facilitate a smoother
supply chain transition to compliance
with the rule’s broader requirements, as
well as promote lower formaldehyde
emitting products entering commerce
earlier than under the rule as originally
published. EPA believes that the
amendment is non-controversial and
does not expect to receive any adverse
comments. However, in addition to this
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SUMMARY:
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4/8/2016
*
*
*
7/11/17, [insert Federal
Register citation].
*
direct final rulemaking, elsewhere in
this issue of the Federal Register, EPA
is promulgating the amendment as a
notice of proposed rulemaking that will
be used in the event of adverse
comment on the amendments within
this direct final action.
DATES: This final rule is effective on
August 25, 2017 without further notice,
unless EPA receives adverse comment
by July 26, 2017. If EPA receives adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0243, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Erik
Winchester, National Program
Chemicals Division, Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 564–6450;
email address: winchester.erik@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
PO 00000
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*
*
*
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be affected by this direct
final rule if you manufacture (including
import), sell, supply, or offer for sale
hardwood plywood, medium-density
fiberboard, particleboard, and/or
products containing these composite
wood materials in the United States.
The following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include:
• Veneer, plywood, and engineered
wood product manufacturing (NAICS
code 3212).
• Manufactured home (mobile home)
manufacturing (NAICS code 321991).
• Prefabricated wood building
manufacturing (NAICS code 321992).
• Furniture and related product
manufacturing (NAICS code 337).
• Furniture merchant wholesalers
(NAICS code 42321).
• Lumber, plywood, millwork, and
wood panel merchant wholesalers
(NAICS code 42331).
• Other construction material
merchant wholesalers (NAICS code
423390), e.g., merchant wholesale
distributors of manufactured homes
(i.e., mobile homes) and/or
prefabricated buildings.
• Furniture stores (NAICS code 4421).
• Building material and supplies
dealers (NAICS code 4441).
• Manufactured (mobile) home
dealers (NAICS code 45393).
• Motor home manufacturing (NAICS
code 336213).
• Travel trailer and camper
manufacturing (NAICS code 336214).
• Recreational vehicle (RV) dealers
(NAICS code 441210).
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]]>Agencies
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31916-31922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14400]
[[Page 31916]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0272; FRL-9964-46-Region 5]
Air Plan Approval; Ohio; Control of Emissions of Organic
Materials That Are Not Regulated by VOC RACT Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), revisions to the Ohio Administrative Code
(OAC) rule as part of Ohio's State Implementation Plan (SIP). This rule
has generally been revised to: make minor style changes to meet Ohio's
legislative service commission style and formatting guidelines; add
specific effective dates within the rule; correct certain errors and
omissions introduced when the rule was last revised; remove facilities
and units that have been permanently shut down; update the names of
certain subject facilities; and modify certain source applicability
exclusions. Sources controlled by this rule are not covered by existing
Volatile Organic Compound (VOC) Reasonably Available Control Technology
(RACT) rules or other organic material emission control rules in Ohio's
Administrative Code.
DATES: This direct final rule is effective September 11, 2017, unless
EPA receives adverse comments by August 10, 2017. If adverse comments
are received by EPA, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0272, at https://www.regulations.gov, or via email to
Aburano.Douglas@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, 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) 886-1767,
Dagostino.Kathleen@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 revisions has Ohio made in rule 3745-21-07 and are they
approvable as a revision of the Ohio SIP?
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. What revisions has Ohio made in rule 3745-21-07 and are they
approvable as a revision of the Ohio SIP?
The rule at OAC 3745-21-07 was adopted by the state of Ohio to
control airborne emissions of organic materials from existing (as of
the effective date of the adopted rule) sources not covered by other
VOC emission control rules in OAC 3745-21. Most recently, EPA approved
revisions to OAC 3745-21-07 into the Ohio SIP on August 19, 2011 (76 FR
51901).
On April 29, 2016, the Ohio Environmental Protection Agency (OEPA)
submitted an amended OAC 3745-21-07, requesting that EPA approve the
rule amendments as a revision to the Ohio SIP. The following summarizes
the rule revisions and discusses whether these rule revisions are
approvable as SIP revisions.
Where we note ``this rule'' or ``the rule,'' unless otherwise
noted, we mean OAC 3745-21-07.
3745-21-07
The title of the rule has been revised to ``Control of emissions of
organic materials from stationary sources (i.e., emissions that are not
regulated by rule 3745--21-09, 3745-21-12 to 3745-21-16, or 3745-21-18
to 3745-21-29 of the Administrative Code.'' This title change accounts
for the addition of VOC emission control rules that now cover some of
the sources formerly covered by OAC 3745-21-07.
(A) Applicability:
(A)(1)--``RESERVED'' modified to ``Reserved.''
(A)(2)--``RESERVED'' modified to ``Reserved.''
(A)(3) -- This paragraphs states that OAC 3745-21-07 applies to any
source or operation for which installation commenced prior to February
18, 2008, and that is specified in paragraphs (K) through (N) of this
rule. This rule does not apply to VOC emissions from sources or
operations subject to rules 3745-21-09, 3745-21-12 to 3745-21-16, or
3745-21-18 to 3745-21-29. Any owner or operator of a source or
operation identified in paragraphs (K) to (N) of this rule must have
complied with the facility-specific and general emission control
requirements of this rule by February 18, 2008. This paragraph was
revised to reflect that new VOC emission control rules now cover some
of the sources formerly covered by OAC 3745-21-07.
The other rule revision in this paragraph replaces what was
previously ``the effective date of this rule'' by a specific date,
February 18, 2008. February 18, 2008, was the effective date of the
previous version of this rule; therefore, specifying this date retains
and clarifies the date used to define the group of sources or
operations subject to the requirements of this rule and the date by
which subject emission control requirements must be implemented.
(A)(4)--This paragraph voids emission control requirements or
operational restrictions 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. The revisions to this rule paragraph include the
replacement of ``the effective date of this rule'' with the date
February 18, 2008, grammatical corrections, and the addition of rule
paragraph (N)(3) the list of emission limitations and control
requirements in paragraph (A)(4). The list should include all
paragraphs that contain an emission limitation or control requirement,
but paragraph (N)(3) was inadvertently left out when Ohio last revised
the rule.
(A)(5)--This paragraph states that this rule shall not apply to any
source, including any new source, as defined in
[[Page 31917]]
rule OAC 3745-15-01, for which installation commenced after ``February
18, 2008,'' revised from ``the effective date of this rule.''
(A)(6)--This paragraph lists the emission test methods or emission
data sources that may be used to demonstrate compliance for sources
subject to mass emission rates under the rule. This rule paragraph has
been revised to clarify that the owner or operator of a subject source
or operation may demonstrate compliance using one of the three
compliance methods listed.
(B)-(J)--``RESERVED'' modified to ``Reserved'' for all of these
rule paragraphs.
(K) Facility-specific control requirements for storage tanks
(stationary tank, reservoir, or other container):
(K)(1)--This paragraph lists source facility owners or operators,
source facility IDs, and source emission unit IDs for emission units
subject to the emission control requirements in paragraph (K)(2), which
requires that the storage tanks containing any liquid organic material
that has a vapor pressure of 1.5 pounds per square inch or greater,
under actual storage conditions, be equipped with one of the following:
(a) A floating pontoon or double-deck type cover that includes closure
seals (not permitted if the liquid in the tank has a vapor pressure of
12.5 pounds per square inch absolute or greater under actual storage
conditions); or (b) a vapor recovery system or control system that
reduces the emissions of organic compounds by at least 90 percent by
weight.
The owner or operator names in the table of facilities and
emissions units subject to the requirements of paragraph (K)(2) have
been revised as noted here: ``The Glidden Company'' has been revised to
``Akzo Nobel Coatings, Inc.;'' a subject emissions unit associated with
Azko Nobel Coatings, ``T066,'' has been removed due to permanent
shutdown; and ``Marathon Ashland Petroleum, LLC'' has been revised to
``Marathon Petroleum Company LP--Brecksville Terminal.''
(K)(3)--This paragraph lists source facility owners or operators,
source facility IDs, and source emission unit IDs for emission units
consisting of storage tanks with capacities equal to or less than
65,000 gallons, subject to the control requirements in paragraph
(K)(4), which requires subject sources to not place, store, or hold in
any storage tank identified in (K)(3) any liquid organic material that
has a vapor pressure of 1.5 pounds per square inch absolute or greater,
under actual storage conditions, unless the storage tank is equipped
with a permanent submerged fill pipe, or is loaded through the use of a
portable loading tube, which can be inserted below the liquid level
during loading operations, or is fitted with a vapor recovery system as
described in paragraph (K)(2)(b) of this rule.
Rule paragraph (K)(3) has been amended to remove the following
sources previously subject to the requirements of (K)(4) due to
permanent shutdown: Newark Air Force Base/AGMC (source facility
0145020224, source units T012 and T013); the Lubrizol Corporation,
Wickliffe Facility (source facility 0243150025, source units T224 and
T225); Veolia Environmental Services, LLC (source facility 0857751346,
source units P006, T001, T005, T007, T017, T026, T040, T042, T044,
T049, T051, T065, and T068); Clorox Company (source facility
1318000864, source unit T012); and Strongsville Expressmart (source
facility 1318554294, source unit T008). For ``Hukill Chemical
Corporation'' (source facility 1318030172), emissions unit T062 has
been removed due to permanent shutdown. The following subject owner/
operator names have been revised: ``Tremco, Inc.'' has been revised to
``Tremco, Inc.--Mameco Division''; ``Marathon Ashland Petroleum
Corporation'' has been revised to ``Marathon Petroleum Company LP--
Brecksville Terminal''; and ``Glastic Corporation, Cleveland Facility''
has been revised to ``Rochling Glastic Composites''.
(L) Facility-specific control requirements for oil-water separators
(effluent water separators):
(L)(1)--The owner/operator name of the only subject facility listed
has been revised from ``Marathon Ashland Petroleum, LLC'' to ``Marathon
Ashland, LLC--CLOW''.
(M) Facility-specific and general control requirements for
emissions from operations using liquid organic materials:
Table ``(M)(1) Emissions Units'' under paragraph (M)(1) lists
owners/operators, source facility IDs, and emission units subject to
the emission control requirements of paragraph (M)(2). Table (M)(1) has
been revised as follows:
a. The following owners/operators and their associated source
facilities and emission units have been removed from the list of
applicable sources due to permanent shutdown: TS Trim Industries,
Incorporated; Plastech Engineered Products, Incorporated (two
facilities); Clean Harbors PPM, LLC; Structural North America; PFF/MFD/
STD of Avery Dennison; GE Quartz, Incorporated, Willoughby Plant;
Cantar/Polyair Corporation; Roemer Industries, Incorporated; Peerless--
Winsmith, Incorporated; Eaton INOAC, Company; Manufacturers Enameling
Corporation; Mill's Pride, Incorporated; Delphi Chassis Systems,
Needmore Operations; Delphi Classic Systems, Home Avenue; Pitney Bowes;
Veolia Environmental Services, LLC; The Chemical Solvents,
Incorporated; Queen City Barrel Company; Owens Corning Trumbull; Alex
Fries and Bros., Incorporated; and Blackhawk Automotive Plastics,
Incorporated.
b. The following owner/operator names were revised with no other
revisions to the applicable source facility IDs or source units: ``Akzo
Nobel'' has been revised to ``Akzo Nobel Coatings, Inc.;'' ``Kraftmaid
Cabinetry, Inc., Middlefield #1'' has been revised to ``Masco Cabinetry
Middlefield LLC (KraftMaid Plant #1);'' ``Chem Development'' has been
revised to ``The Kennedy Group;'' ``LESCO, Inc.'' has been revised to
``Turf Care Supply Corp.--Martins Ferry Plant;'' ``Merillat Industries,
Inc.'' has been revised to ``Masco Cabinetry, Merillat, Jackson;''
``CDR Pigments and Dispersions'' has been revised to ``Flint Group
Pigments; and ``Emerald Polymer Additives'' has been revised to
``Emerald Performance Materials LLC.''
c. The following subject sources have been removed because they
were erroneously included in table (M)(1) when the rule was last
revised: \1\ Waste Technologies Industries, Incorporated (facility ID
0215020233); \2\ Troy Laminating and Coating, Incorporated (facility ID
0855140077); and, emissions units P008 and P009 at Thermoseal,
Incorporated (facility ID 0575010161) \3\ (in addition, emissions units
P001-P005 and P011-P012 have been removed due to permanent shutdown);
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\1\ When the rule was last revised, table (M)(1) was established
to list emission units covered by the prior SIP-approved version of
3745-21-07. Emissions control was not required for units emitting
less than 8 lbs/hr and 40 lbs/day. Because the potential emissions
from the subject units are below this level, these units should not
have been listed in table (M)(1).
\2\ Regardless of the applicability of OAC 3745-21-07, these
tanks will continue to be controlled through 40 CFR 61, subpart FF
(National Emissions Standard for Benzene Waste Operations) and 40
CFR 63, subpart DD (National Emissions Standard for Hazardous Air
Pollutants from Off-Site Waste and Recovery Operations).
\3\ Regardless of the applicability of OAC 3745-21-07, emission
units P009, P010, and P014 at Troy Laminating and Coating and P008
and P009 at Thermoseal will continue to be controlled through best
available technology pursuant to SIP-approved rule OAC 3745-31-05.
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d. The entries for the following subject sources have been revised
as described:
1. ``Safety Kleen Corp.--Hebron Recycle Center'' has been revised
to
[[Page 31918]]
``Clean Harbors Recycling Services of Ohio L.L.C.,'' emission unit P002
has been removed due to permanent shutdown, and the facility ID
(0145020235) remains unchanged;
2. Iten Industries, Incorporated, Plant 1 (facility ID 0204010112)
has been removed because the only subject emissions unit (P003) does
not meet the applicability requirements set forth in paragraph (M)(3);
3. Pinney Deck and Transport Company (facility ID 0204010172) has
been removed because the source was erroneously included in table
(M)(1) since the only subject emissions unit (P001), an air stripper
for treating contaminated ground water, is the actual process and is
not considered emissions control and should not have been listed in the
rule;
4. ``Ohio Sealants'' has been revised to ``Henkel Consumer
Adhesives, Inc.,'' emission unit P003 has been removed due to permanent
shut down, and the facility ID (0243081155) remains unchanged;
5. ``Noveen, Inc.'' has been revised to ``Lubrizol Advanced
Materials,'' emission units P020 and P026 have been removed due to shut
down, and the facility ID (0247030004) remains unchanged;
6. Degussa Initiators, LLC has been removed because the subject
units do not use photochemically reactive materials;
7. ``The Glidden Company'' has been revised to ``Akzo Nobel
Coatings, Inc.,'' emission units P007 and P008 have been removed due to
permanent shutdown, and the facility ID (0322000043) remains unchanged;
8. Guardian Manufacturing (facility ID 0339030016): Emission unit
IDs P001, P002, and P004 have been renamed as P801, P802, and P804;
9. Union Tank Car Company (facility ID 0351010025) has been removed
because its subject emissions unit, P002, does not employ a liquid
organic material, which is a criterion for rule applicability;
10. BASF Corporation (facility ID 0819070134): Emission unit P011
has been removed because it is now part of P028 (which is listed);
11. Greenville Technologies, Inc. (facility ID 0819070190):
Emission units K001, K002, K003, and K005 have been removed due to
permanent shutdown;
12. Dupont Electronic Polymers, LP (facility ID 0857040727): For
emission units P025 and P027, the applicability of paragraph (M)(2) has
been restricted to when these units are in methylene chloride service
(which is acceptable because emissions under non-methylene chloride
operations are less than eight pounds per hour, which is lower than the
applicability cut point in the original rule);
13. ``Eurand'' has been revised to ``Aptalis Pharmatech, Inc.,''
emission unit P013 has been removed due to permanent shutdown, and the
facility ID (0857171794) remains unchanged;
14. Neaton Auto Products Manufacturing, Inc. (facility ID
08680300155): Emission unit R003 has been added because it was
installed in 2007 and inadvertently omitted from the previous rule
revision;
15. Rohm and Haas Chemicals, LLC (facility ID 0868090072): Emission
unit P508 has been removed due to permanent shutdown.
16. Day-Glo Color Corp. (facility ID 1318006552): Emission units
P001, P002, P008, P009, P024, P026, P027, and P030 have been added; \4\
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\4\ On January 22, 2015 the facility submitted a notification to
Ohio EPA indicating that these emissions units should be added to
paragraph (M)(1) as required by paragraph (M)(3)(b).
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17. ``Polymers Additives'' with facility ID 1318030264 and emission
units P027 and P034 has been added; \5\
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\5\ On January 22, 2015 the facility submitted a notification to
Ohio EPA indicating that these emissions units should be added to
paragraph (M)(1) as required by paragraph (M)(3)(b).
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18. ``Ineos ABS Corporation'' has been revised to ``Ineos ABS (USA)
Corporation,'' emission unit P021 has been removed because it was
mistakenly included in the prior revision to this rule,\6\ emission
units P010 and P036 have been added because these continuous polymer
drying operation emissions units were inadvertently left out of the
prior revision to this rule, and the facility ID (1431010054) remains
unchanged;
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\6\ The potential organic compound emissions for emissions unit
P021 are less than 8 lbs/hr and 40 lbs/day, therefore, emissions
control is not required.
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19. H.B. Fuller Company (facility ID 1431052206): Emission units
P003-P006 have been removed due to permanent shutdown;
20. ``Ruetgers Organics Corporation'' has been revised to ``Nease
Corporation,'' emission unit P025 has been removed due to permanent
shutdown; and facility ID (1431111828) remains unchanged;
21. PMC Specialties, Inc. (facility ID 141390137): Emission unit
P022 has been removed due to permanent shutdown;
22. St. Bernard Soap Company has been removed because the subject
emission units at this source never employed any photochemically
reactive materials and thus should never have been included in the
rule; and,
23. ``PPB Industries, Barberton Plant'' has been split into two
separate facilities, ``PPG Industries, South Plant'' (with facility ID
1677020162 and unit P099) and ``PPG Industries, Teslin Plant'' (with
facility ID 1677020164 and units P110, P114, and P115 \7\), and
emission unit P098 has been removed because it is exempt from the
rule.\8\
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\7\ Emissions unit P115 was installed in November 2007 and
inadvertently left out of the prior revision of this rule.
\8\ This emissions unit is exempt from the requirements of
paragraphs (M)(3)(a), (M)(2) and (M)(1) per paragraph (M)(3)(c)(iv),
which exempts an emissions unit that is subject to and complying
with a federal regulation that specifies an overall control
efficiency for organic compound or VOC emissions that is greater
than eighty-five percent, by weight. This emissions unit is subject
to 40 CFR part 63, subpart FFFF, which requires total organic HAP
emissions to be reduced by at least 98% by weight or to an outlet
concentration of 20 ppmv or less.
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(M)(2)--This paragraph requires each article, machine, equipment or
other contrivance identified in paragraph (M)(1) or meeting paragraph
(M)(3)(a) of the subject rule (3745-21-07) to be equipped with a
control system that reduces the organic compound emissions from the
source by an overall control efficiency of at least 85 percent, by
weight. If the emission reductions are achieved by incineration, the
incineration must oxidate the carbon in the captured organic material
to carbon dioxide by 90 percent or more. Paragraph (M)(2) has been
edited to revise the phrase ``meeting the specifications of paragraph
(M)(3)(a)'' to ``meeting paragraph (M)(3)(a).''
(M)(3)--This paragraph covers 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 contrivance meeting
all of these conditions must comply with the emission control
requirements in (M)(2).
(M)(3)(a)(ii)--This paragraph has been revised from ``Commenced
installation prior to the effective date of the rule'' to ``Commenced
installation prior to February 18, 2008.''
(M)(3)(a)(v)--This paragraph states that emissions are not subject
to (M)(2) if they are subject to control requirements specified in
other listed rules. The list of rules has been simplified and expanded
by revising from ``3745-21-09, 3745-12, 3745-13, 3745-14, 3745-15,
3745-16, or 3745-21-18'' to ``3745-21-09, 3745-12 to 3745-16, or 3745-
21-18 to 3745-21-29.'' This is acceptable because the emissions subject
to the additional rules listed are being controlled under those rules.
(M)(3)(a)(ix)--This paragraph, which excludes fuel burning
equipment as
[[Page 31919]]
defined in rule 3745-17-01, has been revised to remove the
identification of the specific paragraph under 3745-17-01 that contains
the definition of fuel burning equipment.
(M)(3)(b)--This paragraph requires the owner/operator of a source
meeting the conditions of this paragraph to notify OEPA of the need to
include the subject owner/operator, facility ID, and source ID in the
list of applicable sources under paragraph (M)(1). Paragraph (M)(3)(b)
has been revised to include the following revisions: (1) ``meeting the
specifications of paragraph (M)(3)(a) of this rule'' has been revised
to ``meeting paragraph (M)(3)(a) of this rule''; (2) ``Ohio
environmental protection agency'' has been revised to ``Ohio EPA''; and
(3) the time limit for notifying OEPA has been revised from ``within
ninety days after the effective date of this rule'' to ``by May 18,
2008.'' This corresponds with the revision in language elsewhere in the
rule from ``the effective date of this rule'' to ``February 18, 2008.''
(M)(3)(c)--This paragraph states that any article, equipment, or
other contrivance that meets any of the conditions of this paragraph
shall not be subject to the conditions and requirements of paragraphs
(M)(3)(a) and (M)(3)(b). Paragraph (M)(3)(c) has been revised to
convert ``subject to the requirements of paragraphs (M)(3)(a) and
(M)(3)(b)'' to ``subject to paragraphs (M)(3)(a) and (M)(3)(b).''
(M)(3)(c)(i)--This paragraph provides a source installation time
cutoff, which has been revised from ``commenced installation after the
effective date of this rule'' to ``commenced installation after
February 18, 2008.''
(M)(3)(c)(vi)--This paragraph exempts a heatset web offset printing
line that is subject to and complying with a best available technology
requirement pursuant to rule 3745-31-05, and that specifies the
dryer(s) is to be equipped with a control device having either a
control efficiency for organic compound or volatile organic compound
emissions that is equal to or greater than 90 percent, by weight, or an
outlet concentration of less than 20 parts per million, by volume, dry
basis. This condition has been revised to replace ``dryer(s)'' with
``dryer.''
(M)(3)(d)--This paragraph exempts specified articles, machines,
equipment or other contrivances from the requirements of paragraphs
(M)(3)(a) and (M)(3)(b). The beginning of this paragraph has been
modified by the conversion of the phrase ``subject to the requirements
of paragraphs (M)(3)(a) and (M)(3)(b)'' to the phrase ``subject to
paragraphs (M)(3)(a) and (M)(3)(b).''
(M)(3)(d)(i)--This paragraph exempts emission units identified in
the remaining paragraphs in (M)(3)(d) that obtain an alternative
emission limit or emission control requirement pursuant to paragraph
(M)(5)(e). Paragraph (M)(3)(d)(x) has been deleted to correct an
apparent typographical error.
(M)(3)(d)(iii)--The owner/operator listed in this paragraph has
been revised from ``The Nylonge Corporation'' to ``3M Elyria'' and to
remove emissions unit P005 due to permanent shutdown.
(M)(3)(d)(v)--This paragraph has been modified by the conversion of
the phrase ``to the levels specified'' to the phrase ``as specified.''
(M)(3)(d)(vi)--The owner/operator listed in this paragraph has been
revised from ``Honda Marysville Auto Plant'' to ``Honda of America
Mfg., Inc., Marysville Auto Plant'' and the subject facility ID has
been revised from ``0180000130'' to ``0180010193.''
(M)(3)(d)(vii) and (M)(3)(d)(viii)--These paragraphs have been
removed due to the permanent shutdown of ``Honda Anna Engine Plant''
and ``Florida Production Engineering.''
(M)(3)(d)(ix)--The owner/operator listed in this paragraph has been
revised from ``PPG Industries, Barberton Plant'' to ``PPG Industries,
North Plant'' and the subject facility ID has been revised from
``1677020009'' to ``1677020163''.
(M)(3)(e)--This paragraph controls VOC emissions from the
application of adhesives or other coatings at flock lines at the Cooper
Standard Automotive, LLC facility in Bowling Green. This rule paragraph
contains the following rule revisions: (1) Flock line 1 has been
removed due to permanent shutdown and (2) the emissions units for flock
lines 2, 3, and 4 have been renumbered to ``P078, P079, and P080 in
accordance with permit-to-install P0111501.''
(M)(3)(f)--This paragraph, which controlled the VOC emissions from
a windshield glass system coating operation at the ``GMC Truck and Bus
Group Moraine'' facility, has been deleted due to permanent shutdown of
the facility.
(M)(3)(g)--This paragraph, except as provided in paragraphs
(M)(3)(h) and (M)(5), applies to all existing sources located in a
``Priority I'' county, as identified in rule 3745-21-06 of the Ohio
Administrative Code and to new sources, as defined in rule 3745-15-01
of the Ohio Administrative Code, regardless of location, for which
installation commenced prior to the effective date this rule. This rule
paragraph has been revised to replace ``the effective date of this
rule'' with ``February 18, 2008.''
(M)(3)(h)--This paragraph applied to emissions unit P027 at Venture
Holdings Corporation--Conneaut Facility (currently known as Continental
Structural Plastics, facility ID 0204020245). This paragraph was
removed because the emissions unit is exempt from this rule per OAC
rule 3745-21-25(A)(3), which states that ``upon achieving compliance
with this rule, the reinforced plastic composites production operations
at the facility are not required to meet the requirements of rule 3745-
21-07 of the Administrative Code.''
(M)(4)--This paragraph, except as provided in paragraph (M)(5) of
this rule, applies to all existing sources in a ``Priority I'' county,
as identified in rule 3745-21-06 of the Ohio Administrative Code, and
to all new sources, as defined in rule 3745-15-01, regardless as
location, for which installation commenced prior to the effective date
of this rule. This rule paragraph has been revised to replace ``the
effective date of this rule'' with ``February 18, 2008.''
(M)(5) Exemptions.
(M)(5)(a)--This paragraph states that paragraph (M)(2) shall not
apply to the use of any cleanup material in any article, machine,
equipment or other contrivance described in paragraph (M)(2). This rule
paragraph has been modified by the conversion of the phrase ``The
provisions of paragraph (M)(2)'' to the phrase ``Paragraph (M)(2).''
(M)(5)(b)--This paragraph states that paragraphs (M)(2), (M)(3)(a),
and (M)(4) shall not apply for material used in sources described in
paragraphs (M)(2), (M)(3)(a), and (M)(4) if the emission is not a VOC.
This paragraph has been modified by the conversion of the phrase ``The
provisions of paragraph'' to ``Paragraph.''
(M)(5)(c)--The beginning of this paragraph has been modified by the
conversion of the phrase ``The provisions of paragraph'' to
``Paragraph.''
(M)(5)(d)--The beginning of this paragraph been modified by the
conversion of the phrase ``The provisions of paragraph'' to
``Paragraphs.'' This paragraph contains two exemptions [(M)(5)(d)(i)
and (ii)] based on the use of low VOC content material. Originally
these exemptions only applied to paragraph (M)(4). Paragraph (M)(5)(d)
now also applies these exemptions to paragraphs (M)(1), (M)(2), and
(M)(3)(a). These exemptions were provided for in a previous SIP-
approved version of the rule but were erroneously omitted in the last
rule revision. In addition, the beginning of both paragraphs
(M)(5)(d)(i) and
[[Page 31920]]
(M)(5)(d)(ii) have been revised by converting the phrase ``The volatile
content of the material described in paragraph (M)(4)'' to the phrase
``The volatile content of the material used in any article, machine,
equipment, or other contrivance described in paragraph (M)(1), (M)(2),
(M)(3)(a) or (M)(4).''
Note that recordkeeping provisions for these exemptions were also
added in new paragraph (M)(5)(j) to allow subject emissions units to
switch between exempt and non-exempt liquid organic materials with
respect to paragraph (M)(5)(d).
(M)(5)(e)--The beginning of this paragraph has been modified by the
conversion of the phrase ``The provisions of paragraphs'' to the phrase
``Paragraphs.'' This rule paragraph exempts sources from the emission
controls in rule paragraphs (M)(2), (M)(3)(d), (M)(3)(e), (M)(3)(f),
(M)(3)(g), (M)(3)(h), and (M)(4) if the conditions contained in
(M)(5)(e)(i), (ii), and (iii) are met.
(M)(5)(e)(i)--This condition deals with a situation where best
available control technology is less stringent than or inconsistent
with the emission control requirements in rule paragraph (M). A number
of revisions have been made in this condition, and the revised
condition now reads as:
The director has determined that requirements equivalent to best
available technology for the article, machine, equipment or other
contrivance is a control requirement or emission limitation that is
either less stringent than or inconsistent with paragraph (M) of
this rule. The equivalent best available technology requirement
shall be consistent with division (F) of section 3704.01 of the
Revised Code, equivalent to best available technology under rule
3745-31-05 of the Administrative Code for the purpose of this
paragraph, shall provide, where a control requirement or emission
limitation is applicable, the lowest emission limitation that the
article, machine, equipment or other contrivance is capable of
meeting by the application of control that is reasonably available
considering technological and economic feasibility. Also, for
article, machine, equipment or other contrivance located within an
ozone nonattainment area, the best available technology
determination must comply with Section 193 of the Clean Air Act
amendments of 1990, general savings clause.
This revision allows sources constructed before 1976 that do not
trigger the applicability of OAC rule 375-31-05, to voluntarily accept
best available technology requirements equivalent to those contained
375-31-05 and thus qualify for the same exemption that subject sources
can obtain.
(M)(5)(e)(ii)--This condition applies when EPA has notified OEPA in
writing, prior to the issuance of a final permit-to-install, that EPA
has no objection to the issuance of the permit. In this paragraph
``Ohio environmental protection agency'' has been revised to ``Ohio
EPA;'' and,
(M)(5)(e)(iii)--This condition applies where a final permit-to-
install has been issued by OEPA pursuant to Chapter 3745-31 of the
Administrative Code. In this paragraph, ``Ohio environmental protection
agency'' has been revised to ``Ohio EPA.''
(M)(5)(f)--This paragraph provides an exemption from paragraph (M)
requirements for the use of liquid organic material whose emissions are
regulated by specified emission control rules. This paragraph has been
modified by the conversion of the phrase ``The provisions of paragraph
(M)'' to the phrase ``Paragraph (M).'' The specified emission control
rule list has been revised to include rules ``3745-21-09, 3745-21-12 to
3745-21-16, or 3745-21-18 to 3745-21-29 of the Administrative Code.''
This revision accounts for the addition of VOC emission control rules
that now cover some of the sources formerly covered by OAC 3745-21-07.
(M)(5)(g)--This paragraph exempts sources located in Darke,
Fairfield, Madison, Perry, Pickaway, Preble, or Union Counties and
located within facilities having the potential to emit not more than
100 tons of organic material per year from the requirements of
paragraphs (M)(3)(a), (M)(3)(b), (M)(3)(g), and (M)(4). The beginning
of this paragraph has been modified by the conversion of the phrase
``The provisions of paragraphs'' to ``Paragraphs.''
(M)(5)(h)--The beginning of this paragraph has been revised from
``The provisions of paragraph'' to ``Paragraph.''
(M)(5)(i)--This paragraph been added: ``Paragraph (M)(2) of this
rule shall not apply to the use of phenolic urethane cold box resin
binder system in foundry core-making and mold-making operations,
provided the catalyst gas emissions are vented to a control device that
is designed and operated to remove at least ninety-eight per cent by
weight, of the catalyst gas emissions or maintain a maximum catalyst
gas outlet concentration of one ppmv on a dry basis, whichever is less
stringent. (In a phenolic urethane cold box resin binder system, sand
is mixed with a two-part liquid urethane resin binder, and a catalyst
gas is blown into the resin-coated sand to cause hardening.)'' This
exemption was contained in a previous SIP-approved version of this
rule, but was erroneously omitted during the last revision.
(M)(5)(j)--This paragraph was added to require the owner or
operator of an article, machine, equipment or other contrivance that is
exempt per paragraph (M)(5)(d) of this rule to maintain the following
records for all materials used. This addition ensures the
enforceability of the rule provisions.
(M)(5)(j)(i)--The name and identification number of each liquid
organic material used.
(M)(5)(j)(ii)--The composition of each material including the
volatile content by volume percent of water. If exempt because of
paragraph (M)(5)(d)(i) of this rule then the liquid organic material
content, except water, relative to the volatile content (per cent by
volume) or, if exempt because of paragraph (M)(5)(d)(ii) of this rule,
the volatile content relative to the total material (per cent by
volume).
(M)(5)(j)(iii)--All time periods (beginning and ending dates and
time) for each material that is exempt per paragraph (M)(5)(d) of this
rule.
(N) Facility-specific control requirements for waste gas flare
systems:
(N)(1)--This paragraph specifies the owners/operators, facility
IDs, and emission units subject to the control requirements of
paragraph (N)(2). ``CECOS International'' (facility ID 1413000186) was
removed from paragraph (N)(1) due to permanent shutdown of the
facility.
(N)(3)--The owner/operator listed in this paragraph has been
revised from ``Aircraft Braking Systems, Corp.'' to ``Meggitt Aircraft
Braking Systems, Corp.''.
II. What action is EPA taking?
EPA is approving, as part of Ohio's SIP, OAC rule 3745-21-07, as
revised, now entitled ``Control of emissions of organic materials from
stationary sources (i.e., emissions that are not regulated by rule
3745-21-09, 3745-21-12 to 3745-21-16, or 3745-21-18 to 3745-21-29 of
the Administrative Code.''
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective September 11,
2017 without further notice unless we receive relevant adverse written
comments by August
[[Page 31921]]
10, 2017. If we receive such comments, we will withdraw this action
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the proposed action. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time. Please note that,
if EPA receives adverse comment on an amendment, paragraph, or section
of this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment. If we do not receive any
comments, this action will be effective September 11, 2017.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in the proposed amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\9\ EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 5 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
---------------------------------------------------------------------------
\9\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 11, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: June 21, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, the table in paragraph (c) is amended under
``Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality
Standards, and Related Emission Requirements'' by revising the entry
for ``3745-21-07'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
[[Page 31922]]
EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
Ohio effective
Ohio citation Title/subject date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-72 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
3745-21-07............ Control of 4/8/2016 7/11/17, [insert Federal Register .................
emissions of citation].
organic
materials from
stationary
sources (i.e.,
emissions that
are not
regulated by
rule 3745-21-09,
3745-21-12 to
3745-21-16, or
3745-21-18 to
3745-21-29 of
the
Administrative
Code).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-14400 Filed 7-10-17; 8:45 am]
BILLING CODE 6560-50-P
