Air Plan Approval; Ohio; Volatile Organic Compound Control Rules, 42451-42454 [2017-18864]

Download as PDF Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. This action merely approves a state request for an attainment date extension. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). This action approves a state request for an attainment date extension based on the state’s compliance with requirements and commitments in its plan and recent air quality monitoring data that meets requirements for an extension. sradovich on DSK3GMQ082PROD with RULES K. Congressional Review Act (CRA) 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. This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. 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). L. Petitions for Judicial Review 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 November 7, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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. 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, Ammonia, Incorporation by reference, Intergovernmental relations, Nitrogen VerDate Sep<11>2014 16:18 Sep 07, 2017 Jkt 241001 dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 21, 2017. Debra H. Thomas, Acting Regional Administrator, Region 8. Dated: August 22, 2017. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. [FR Doc. 2017–18878 Filed 9–7–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2015–0802; FRL–9967–40– Region 5] Air Plan Approval; Ohio; Volatile Organic Compound Control Rules Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving under the Clean Air Act (CAA), a November 18, 2015, State Implementation Plan (SIP) submittal from the Ohio Environmental Protection Agency consisting of adjustments and additions to volatile organic compound (VOC) rules in the Ohio Administrative Code (OAC). The changes to these rules are based on an Ohio-initiated five-year periodic review of its VOC rules and a new rule to update the VOC reasonably available control technology (RACT) requirements for the miscellaneous metal and plastic parts coatings source category for the Cleveland-Akron-Lorain area (‘‘Cleveland area’’) consisting of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit counties. Additionally, EPA is approving into the Ohio SIP an oxides of nitrogen (NOX) emission limit for Arcelor-Mittal Cleveland that Ohio is using as an offset in its anti-backsliding demonstration for architectural aluminum coatings. DATES: This final rule is effective on October 10, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2015–0802. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 42451 copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through https:// www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Jenny Liljegren, Physical Scientist, at (312) 886–6832 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6832, Liljegren.Jennifer@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the purpose of this action? II. What is EPA’s analysis of Ohio’s submitted VOC rules? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is the purpose of this action? EPA is approving a November 18, 2015, Ohio SIP submittal consisting of adjustments and additions to OAC Chapter 3745–21. Specifically, this includes amended OAC rules 3745–21– 01, 3745–21–03, 3745–21–04, 3745–21– 08, 3745–21–09, 3745–21–10, 3745–21– 12, 3745–21–13, 3745–21–14, 3745–21– 15, 3745–21–16, 3745–21–17, 3745–21– 18, 3745–21–19, 3745–21–20, 3745–21– 21, 3745–21–22, 3745–21–23, 3745–21– 25, 3745–21–27, 3745–21–28, 3745–21– 29; rescission of existing OAC rule 3745–21–24, and adoption of new OAC rules 3745–21–24 and 3745–21–26. Except for OAC rule 3745–21–26, the changes to the Chapter 3745–21 rules are based on an Ohio-initiated five-year periodic review of its VOC rules. When Ohio reviews a rule and amends greater than fifty percent of that rule, Ohio issues the entire rule as a new replacement rule. This is the case with OAC 3745–21–24. OAC rule 3745–21– 26 is an entirely new rule, the purpose of which is to update the VOC RACT requirements for the Cleveland area for the miscellaneous metal and plastic parts coatings source category. Additionally, EPA is approving into the Ohio SIP the NOX emission limit on E:\FR\FM\08SER1.SGM 08SER1 42452 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES unit P046 at the Arcelor-Mittal Cleveland facility, which is contained in OAC 3745–110–03(N). Ohio is using this emission limit as an offset in its CAA section 110(l) anti-backsliding demonstration for architectural coatings, which was discussed in detail in the May 11, 2017, proposed rulemaking (82 FR 21960). EPA solicited public comment on this proposal and did not receive any comments during the comment period. Finally, EPA is approving OAC 3745–110–05(A) into the Ohio SIP, which provides that compliance with the NOX emission limit on unit P046 at Arcelor-Mittal Cleveland shall be demonstrated by performing emission tests in accordance with EPA Method 7, 7a, 7c, 7d, or 7e, and any additional approved EPA methods as applicable. II. What is EPA’s analysis of Ohio’s submitted VOC rules? Many of Ohio’s amendments to the rules in Chapter 3745–21 are not significant. These amendments include: Updates to items incorporated by reference; minor typographical changes to conform to new state preferences on style and formatting; updates to correct typographical and format errors; updates to reflect source name and/or address changes; the removal of references to sources which have been permanently shut down; updates to replace deadlines associated with previous rule effective dates with actual dates (e.g. ‘‘sixty days from the effective date of this rule’’ replaced with an actual date); and language updates to provide clarification and to avoid confusion. EPA reviewed these and other non-significant and/or nonsubstantive amendments and is approving them since they do not constitute significant and/or substantive changes to Ohio’s rules. More significant amendments, those amendments requiring more explanation, and the addition of OAC rule 3745–21–26 were discussed in detail in the May 11, 2017, proposed rulemaking (82 FR 21960). These amendments pertain to catalytic incinerator requirements, references to operating permits, VOC recordkeeping requirements, solvent cleaning operations requirements, the addition of OAC rule 3745–21–26 surface coating of miscellaneous metal and plastic parts, and updates to the following rules: OAC rule 3745–21–24 flat wood paneling coatings and OAC rule 3745–21–28 miscellaneous industrial adhesives and sealants. EPA reviewed these amendments and is approving them for the reasons explained in detail in the May 11, 2017, proposed rulemaking (82 VerDate Sep<11>2014 16:18 Sep 07, 2017 Jkt 241001 FR 21960) which can be found in the docket to this final rule. III. What action is EPA taking? EPA is approving into the Ohio SIP adjustments and additions to VOC RACT rules in OAC Chapter 3745–21. Additionally, EPA is incorporating into the Ohio SIP the NOX emission limit on unit P046 at the Arcelor-Mittal Cleveland facility, which is contained in OAC 3745–110–03(N); Ohio is using this emission limit as an offset in its CAA section 110(l) anti-backsliding demonstration for the OAC rule 3745– 21–26 VOC content limit for architectural coatings. Finally, EPA is approving OAC 3745–110–05(A) into the Ohio SIP, which provides that compliance with the NOX emission limit on unit P046 at Arcelor-Mittal Cleveland shall be demonstrated by performing emission tests in accordance with EPA Method 7, 7a, 7c, 7d, or 7e, and any additional approved EPA methods as applicable. IV. 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 amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through https://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). 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.1 V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting 1 62 PO 00000 FR 27968 (May 22, 1997). Frm 00012 Fmt 4700 Sfmt 4700 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 E:\FR\FM\08SER1.SGM 08SER1 42453 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations 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 November 7, 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. This action may not Authority: 42 U.S.C. 7401 et seq. be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 2. In § 52.1870, the table in paragraph (c) is amended by: ■ a. Revising all the entries under the heading entitled ‘‘Chapter 3745–21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements’’; ■ b. Adding a new heading in numerical order entitled ‘‘Chapter 3745–110 Nitrogen Oxides—Reasonably Available Control Technology’’ including entries for ‘‘3745–110–03’’ and ‘‘3745–110–05’’. The revisions and additions read as follows: ■ List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 25, 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 § 52.1870 * 1. The authority citation for part 52 continues to read as follows: ■ Identification of plan. * * (c) * * * * * EPA-APPROVED OHIO REGULATIONS Ohio citation Ohio effective date Title/subject * * * * EPA approval date Notes * * * Chapter 3745—21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements 3745–21–01 ....... Definitions and incorporation by reference ... 10/15/2015 3745–21–02 ....... 3745–21–03 ....... Ambient air quality standards and guidelines Methods of ambient air quality measurement. Compliance time schedules .......................... 8/25/2008 10/15/2015 3745–21–04 ....... 3745–21–06 ....... 3745–21–07 ....... 3745–21–08 ....... 3745–21–09 ....... 3745–21–10 ....... 3745–21–12 ....... 3745–21–13 ....... sradovich on DSK3GMQ082PROD with RULES 3745–21–14 ....... 3745–21–15 ....... 3745–21–16 ....... 3745–21–17 ....... VerDate Sep<11>2014 Classification of regions ............................... Control of emissions of organic materials from stationary sources (i.e., emissions that are not regulated by rule 3745–21– 09, 3745–21–12, 3745–21–13, 3745–21– 14, 3745–21–15, 3745–21–16, or 3745– 21–18 of the administrative code). Control of carbon monoxide emissions from stationary sources. Control of emissions of volatile organic compounds from stationary sources and perchloroethylene from dry cleaning facilities. Compliance test methods and procedures ... Control of volatile organic compound emissions from commercial bakery oven facilities. Control of volatile organic compound emissions from reactors and distillation units employed in SOCMI chemical production. Control of volatile organic compound emissions from process vents in batch operations. Control of volatile organic compound emissions from wood furniture manufacturing operations. Control of volatile organic compound emissions from industrial wastewater. Portable fuel containers ................................ 16:18 Sep 07, 2017 Jkt 241001 PO 00000 Frm 00013 10/15/2015 8/25/2008 2/18/2008 10/15/2015 10/15/2015 10/15/2015 10/15/2015 9/8/2017, [insert Federal Register citation]. 7/28/2009, 74 FR 37171. 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 7/28/2009, 74 FR 37171. 8/19/2011, 76 FR 51901. 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 10/15/2015 9/8/2017, [insert Federal Register citation]. 10/15/2015 9/8/2017, [insert Federal Register citation]. 10/15/2015 9/8/2017, [insert Federal Register citation]. 10/15/2015 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 10/15/2015 Fmt 4700 Sfmt 4700 E:\FR\FM\08SER1.SGM 08SER1 42454 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations EPA-APPROVED OHIO REGULATIONS—Continued Ohio effective date Ohio citation Title/subject 3745–21–18 ....... Commercial motor vehicle and mobile equipment refinishing operations. Control of volatile organic compound emissions from aerospace manufacturing and rework facilities. Control of volatile organic emissions from shipbuilding and ship repair operations (marine coatings). Storage of volatile organic liquids in fixed roof tanks and external floating roof tanks. Control of volatile organic compound emissions from offset lithographic printing and letterpress printing facilities. Control of volatile organic compound emissions from industrial solvent cleaning operations. Flat wood paneling coatings ......................... 3745–21–19 ....... 3745–21–20 ....... 3745–21–21 ....... 3745–21–22 ....... 3745–21–23 ....... 3745–21–24 ....... 3745–21–25 ....... 3745–21–26 ....... 3745–21–27 ....... 3745–21–28 ....... 3745–21–29 ....... 10/15/2015 10/15/2015 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 10/15/2015 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 10/15/2015 10/15/2015 9/8/2017, [insert Federal Register citation]. 10/15/2015 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 9/8/2017, [insert Federal Register citation]. 10/15/2015 10/15/2015 10/15/2015 Miscellaneous industrial adhesives and sealants. Control of volatile organic compound emissions from automobile and light-duty truck assembly coating operations, heavier vehicle assembly coating operations, and cleaning operations associated with these coating operations. * Notes 10/15/2015 Control of VOC emissions from reinforced plastic composites production operations. Surface coating of miscellaneous metal and plastic parts. Boat manufacturing ...................................... * EPA approval date 10/15/2015 10/15/2015 * * * * * Chapter 3745–110—Nitrogen Oxides—Reasonably Available Control Technology 3745–110–03 ..... RACT requirements and/or limitations for emissions of NOX from stationary sources. 07/18/2013 9/8/2017, [insert Federal Register citation]. 3745–110–05 ..... Compliance methods .................................... 07/18/2013 9/8/2017, [insert Federal Register citation]. * * * * * * * * * ACTION: * Final rule. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 sradovich on DSK3GMQ082PROD with RULES [EPA–R06–OAR–2016–0550; FRL–9966–98– Region 6] Approval and Promulgation of Implementation Plans; Texas; El Paso Carbon Monoxide Limited Maintenance Plan Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 16:18 Sep 07, 2017 Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving the required second carbon monoxide (CO) maintenance plan as a revision to the Texas State Implementation Plan (SIP). The El Paso, Texas CO maintenance area (El Paso Area) has been demonstrating consistent air quality monitoring at or below 85% of the CO National Ambient Air Quality Standard (NAAQS or standard). Because of this, the State of Texas, through its designee, submitted the required second maintenance plan for the El Paso Area as a Limited Maintenance Plan (LMP). SUMMARY: BILLING CODE 6560–50–P Jkt 241001 PO 00000 Frm 00014 Fmt 4700 * Sfmt 4700 * This final rule is effective on October 10, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2016–0550. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// DATES: [FR Doc. 2017–18864 Filed 9–7–17; 8:45 am] Only the NOX emission limitation on unit P046 contained in 3745–110–03(N). Only (A). For purposes of demonstrating compliance with the NOX emission limitation on unit P046 contained in 3745–110–03(N). E:\FR\FM\08SER1.SGM 08SER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Rules and Regulations]
[Pages 42451-42454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18864]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0802; FRL-9967-40-Region 5]

Air Plan Approval; Ohio; Volatile Organic Compound Control Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving under
the Clean Air Act (CAA), a November 18, 2015, State Implementation Plan
(SIP) submittal from the Ohio Environmental Protection Agency
consisting of adjustments and additions to volatile organic compound
(VOC) rules in the Ohio Administrative Code (OAC). The changes to these
rules are based on an Ohio-initiated five-year periodic review of its
VOC rules and a new rule to update the VOC reasonably available control
technology (RACT) requirements for the miscellaneous metal and plastic
parts coatings source category for the Cleveland-Akron-Lorain area
(``Cleveland area'') consisting of Ashtabula, Cuyahoga, Geauga, Lake,
Lorain, Medina, Portage, and Summit counties. Additionally, EPA is
approving into the Ohio SIP an oxides of nitrogen (NOX)
emission limit for Arcelor-Mittal Cleveland that Ohio is using as an
offset in its anti-backsliding demonstration for architectural aluminum
coatings.

DATES: This final rule is effective on October 10, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0802. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through https://www.regulations.gov or at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Jenny Liljegren, Physical Scientist, at
(312) 886-6832 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
Liljegren.Jennifer@epa.gov.

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

I. What is the purpose of this action?
II. What is EPA's analysis of Ohio's submitted VOC rules?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the purpose of this action?

EPA is approving a November 18, 2015, Ohio SIP submittal consisting
of adjustments and additions to OAC Chapter 3745-21. Specifically, this
includes amended OAC rules 3745-21-01, 3745-21-03, 3745-21-04, 3745-21-
08, 3745-21-09, 3745-21-10, 3745-21-12, 3745-21-13, 3745-21-14, 3745-
21-15, 3745-21-16, 3745-21-17, 3745-21-18, 3745-21-19, 3745-21-20,
3745-21-21, 3745-21-22, 3745-21-23, 3745-21-25, 3745-21-27, 3745-21-28,
3745-21-29; rescission of existing OAC rule 3745-21-24, and adoption of
new OAC rules 3745-21-24 and 3745-21-26.
Except for OAC rule 3745-21-26, the changes to the Chapter 3745-21
rules are based on an Ohio-initiated five-year periodic review of its
VOC rules. When Ohio reviews a rule and amends greater than fifty
percent of that rule, Ohio issues the entire rule as a new replacement
rule. This is the case with OAC 3745-21-24. OAC rule 3745-21-26 is an
entirely new rule, the purpose of which is to update the VOC RACT
requirements for the Cleveland area for the miscellaneous metal and
plastic parts coatings source category. Additionally, EPA is approving
into the Ohio SIP the NOX emission limit on

[[Page 42452]]

unit P046 at the Arcelor-Mittal Cleveland facility, which is contained
in OAC 3745-110-03(N). Ohio is using this emission limit as an offset
in its CAA section 110(l) anti-backsliding demonstration for
architectural coatings, which was discussed in detail in the May 11,
2017, proposed rulemaking (82 FR 21960). EPA solicited public comment
on this proposal and did not receive any comments during the comment
period. Finally, EPA is approving OAC 3745-110-05(A) into the Ohio SIP,
which provides that compliance with the NOX emission limit
on unit P046 at Arcelor-Mittal Cleveland shall be demonstrated by
performing emission tests in accordance with EPA Method 7, 7a, 7c, 7d,
or 7e, and any additional approved EPA methods as applicable.

II. What is EPA's analysis of Ohio's submitted VOC rules?

Many of Ohio's amendments to the rules in Chapter 3745-21 are not
significant. These amendments include: Updates to items incorporated by
reference; minor typographical changes to conform to new state
preferences on style and formatting; updates to correct typographical
and format errors; updates to reflect source name and/or address
changes; the removal of references to sources which have been
permanently shut down; updates to replace deadlines associated with
previous rule effective dates with actual dates (e.g. ``sixty days from
the effective date of this rule'' replaced with an actual date); and
language updates to provide clarification and to avoid confusion. EPA
reviewed these and other non-significant and/or non-substantive
amendments and is approving them since they do not constitute
significant and/or substantive changes to Ohio's rules.
More significant amendments, those amendments requiring more
explanation, and the addition of OAC rule 3745-21-26 were discussed in
detail in the May 11, 2017, proposed rulemaking (82 FR 21960). These
amendments pertain to catalytic incinerator requirements, references to
operating permits, VOC recordkeeping requirements, solvent cleaning
operations requirements, the addition of OAC rule 3745-21-26 surface
coating of miscellaneous metal and plastic parts, and updates to the
following rules: OAC rule 3745-21-24 flat wood paneling coatings and
OAC rule 3745-21-28 miscellaneous industrial adhesives and sealants.
EPA reviewed these amendments and is approving them for the reasons
explained in detail in the May 11, 2017, proposed rulemaking (82 FR
21960) which can be found in the docket to this final rule.

III. What action is EPA taking?

EPA is approving into the Ohio SIP adjustments and additions to VOC
RACT rules in OAC Chapter 3745-21. Additionally, EPA is incorporating
into the Ohio SIP the NOX emission limit on unit P046 at the
Arcelor-Mittal Cleveland facility, which is contained in OAC 3745-110-
03(N); Ohio is using this emission limit as an offset in its CAA
section 110(l) anti-backsliding demonstration for the OAC rule 3745-21-
26 VOC content limit for architectural coatings. Finally, EPA is
approving OAC 3745-110-05(A) into the Ohio SIP, which provides that
compliance with the NOX emission limit on unit P046 at
Arcelor-Mittal Cleveland shall be demonstrated by performing emission
tests in accordance with EPA Method 7, 7a, 7c, 7d, or 7e, and any
additional approved EPA methods as applicable.

IV. 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 amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through https://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). 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.\1\
---------------------------------------------------------------------------

\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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

[[Page 42453]]

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 November 7, 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. 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, Reporting and recordkeeping
requirements, Volatile organic compounds.

Dated: August 25, 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 by:
0
a. Revising all the entries under the heading entitled ``Chapter 3745-
21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and
Related Emission Requirements'';
0
b. Adding a new heading in numerical order entitled ``Chapter 3745-110
Nitrogen Oxides--Reasonably Available Control Technology'' including
entries for ``3745-110-03'' and ``3745-110-05''.
The revisions and additions read as follows:

Sec. 52.1870 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
Ohio
Ohio citation Title/subject effective EPA approval date Notes
date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745--21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
----------------------------------------------------------------------------------------------------------------
3745-21-01................. Definitions and 10/15/2015 9/8/2017, [insert
incorporation by Federal Register
reference. citation].
3745-21-02................. Ambient air quality 8/25/2008 7/28/2009, 74 FR
standards and 37171.
guidelines.
3745-21-03................. Methods of ambient 10/15/2015 9/8/2017, [insert
air quality Federal Register
measurement. citation].
3745-21-04................. Compliance time 10/15/2015 9/8/2017, [insert
schedules. Federal Register
citation].
3745-21-06................. Classification of 8/25/2008 7/28/2009, 74 FR
regions. 37171.
3745-21-07................. Control of emissions 2/18/2008 8/19/2011, 76 FR
of organic materials 51901.
from stationary
sources (i.e.,
emissions that are
not regulated by
rule 3745-21-09,
3745-21-12, 3745-21-
13, 3745-21-14, 3745-
21-15, 3745-21-16,
or 3745-21-18 of the
administrative code).
3745-21-08................. Control of carbon 10/15/2015 9/8/2017, [insert
monoxide emissions Federal Register
from stationary citation].
sources.
3745-21-09................. Control of emissions 10/15/2015 9/8/2017, [insert
of volatile organic Federal Register
compounds from citation].
stationary sources
and
perchloroethylene
from dry cleaning
facilities.
3745-21-10................. Compliance test 10/15/2015 9/8/2017, [insert
methods and Federal Register
procedures. citation].
3745-21-12................. Control of volatile 10/15/2015 9/8/2017, [insert
organic compound Federal Register
emissions from citation].
commercial bakery
oven facilities.
3745-21-13................. Control of volatile 10/15/2015 9/8/2017, [insert
organic compound Federal Register
emissions from citation].
reactors and
distillation units
employed in SOCMI
chemical production.
3745-21-14................. Control of volatile 10/15/2015 9/8/2017, [insert
organic compound Federal Register
emissions from citation].
process vents in
batch operations.
3745-21-15................. Control of volatile 10/15/2015 9/8/2017, [insert
organic compound Federal Register
emissions from wood citation].
furniture
manufacturing
operations.
3745-21-16................. Control of volatile 10/15/2015 9/8/2017, [insert
organic compound Federal Register
emissions from citation].
industrial
wastewater.
3745-21-17................. Portable fuel 10/15/2015 9/8/2017, [insert
containers. Federal Register
citation].

[[Page 42454]]

3745-21-18................. Commercial motor 10/15/2015 9/8/2017, [insert
vehicle and mobile Federal Register
equipment citation].
refinishing
operations.
3745-21-19................. Control of volatile 10/15/2015 9/8/2017, [insert
organic compound Federal Register
emissions from citation].
aerospace
manufacturing and
rework facilities.
3745-21-20................. Control of volatile 10/15/2015 9/8/2017, [insert
organic emissions Federal Register
from shipbuilding citation].
and ship repair
operations (marine
coatings).
3745-21-21................. Storage of volatile 10/15/2015 9/8/2017, [insert
organic liquids in Federal Register
fixed roof tanks and citation].
external floating
roof tanks.
3745-21-22................. Control of volatile 10/15/2015 9/8/2017, [insert
organic compound Federal Register
emissions from citation].
offset lithographic
printing and
letterpress printing
facilities.
3745-21-23................. Control of volatile 10/15/2015 9/8/2017, [insert
organic compound Federal Register
emissions from citation].
industrial solvent
cleaning operations.
3745-21-24................. Flat wood paneling 10/15/2015 9/8/2017, [insert
coatings. Federal Register
citation].
3745-21-25................. Control of VOC 10/15/2015 9/8/2017, [insert
emissions from Federal Register
reinforced plastic citation].
composites
production
operations.
3745-21-26................. Surface coating of 10/15/2015 9/8/2017, [insert
miscellaneous metal Federal Register
and plastic parts. citation].
3745-21-27................. Boat manufacturing... 10/15/2015 9/8/2017, [insert
Federal Register
citation].
3745-21-28................. Miscellaneous 10/15/2015 9/8/2017, [insert
industrial adhesives Federal Register
and sealants. citation].
3745-21-29................. Control of volatile 10/15/2015 9/8/2017, [insert
organic compound Federal Register
emissions from citation].
automobile and light-
duty truck assembly
coating operations,
heavier vehicle
assembly coating
operations, and
cleaning operations
associated with
these coating
operations.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-110--Nitrogen Oxides--Reasonably Available Control Technology
----------------------------------------------------------------------------------------------------------------
3745-110-03................ RACT requirements and/ 07/18/2013 9/8/2017, [insert Only the NOX emission
or limitations for Federal Register limitation on unit
emissions of NOX citation]. P046 contained in
from stationary 3745-110-03(N).
sources.
3745-110-05................ Compliance methods... 07/18/2013 9/8/2017, [insert Only (A). For
Federal Register purposes of
citation]. demonstrating
compliance with the
NOX emission
limitation on unit
P046 contained in
3745-110-03(N).

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-18864 Filed 9-7-17; 8:45 am]
BILLING CODE 6560-50-P

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