[Federal Register Volume 66, Number 74 (Tuesday, April 17, 2001)]
[Rules and Regulations]
[Pages 19721-19722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9355]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH139-1a; FRL-6960-1]


Approval and Promulgation of Implementation Plans; Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On July 6, 2000, the State of Ohio submitted a site-specific 
State Implementation Plan (SIP) revision revising Volatile Organic 
Compound (VOC) Reasonably Available Control Technology (RACT) 
requirements for Morgan Adhesives Company in Stow, Ohio. The SIP 
revision establishes an alternative control strategy for limiting VOC 
emissions from coating lines at its pressure sensitive tape and label 
manufacturing plant in Stow. This rulemaking action approves, using the 
direct final process, the Ohio SIP revision request.

DATES: This rule is effective on June 18, 2001, unless EPA receives 
adverse written comments by May 17, 2001. If adverse comment is 
received, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Copies of the revision request for this rulemaking 
action are available for inspection at the following address: U.S. 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. (It is recommended 
that you telephone Steven Rosenthal at (312) 886-6052 before visiting 
the Region 5 Office).

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal at (312) 886-6052.

SUPPLEMENTARY INFORMATION:
    Throughout this document wherever ``we,'' ``us,'' or ``our'' are 
used we mean EPA.

Table of Contents

I. What Action is EPA Taking?
II. What Were Morgan Adhesives' Previous SIP Requirements?
III. What Are the Pollution Control Requirements that Morgan 
Adhesives will now be Subject to as a Result of this Action?
IV. What is the Effect and Basis for Approval of this SIP Revision.
V. Final Rulemaking Action.
VI. Administrative Requirements.

I. What Action is EPA Taking?

    EPA is approving a revision to Ohio's SIP which changes the VOC 
control requirements for Morgan Adhesives.

II. What Were Morgan Adhesives' Previous SIP Requirements?

    Morgan's paper coating lines were previously subject to a limit of 
2.9 pounds of VOC per gallon of coating, or 4.8 pounds of VOC per 
gallon of solids. Alternatively, a paper coating line could employ a 
pollution control system to meet an overall 81% VOC reduction and a 90% 
control equipment destruction efficiency.

III. What Are the Pollution Control Requirements that Morgan 
Adhesives will now be Subject to as a Result of this Action?

    Morgan Adhesives is subject to VOC RACT \1\ requirements under 
section 182(b)(2) of the Clean Air Act (Act). This SIP revision changes 
RACT as it applies to Morgan Adhesives by establishing an alternative 
control strategy for its coating lines KOO3 through KOO9. This 
alternative strategy allows Morgan to average its coating lines 
together to determine its daily allowable VOC emissions. However, in 
exchange for this inrease in operating flexibility, the allowable 
emissions for these coating lines is only 67% of what it would be if 
the allowable emissions for each line were determined separately. 
Morgan is required to keep daily records of its coating use and to 
monitor the performance of its pollution control equipment. It is also 
required to report any records that demonstrate a failure to comply 
with its daily allowable VOC emission limitation.
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    \1\ A definition of RACT is cited in a General Preamble-
Supplement published at 44 FR at 53761 (September 17, 1979). RACT is 
defined as the lowest emission limitation that a particular source 
is capable of meeting by the application of control technology that 
is reasonably available, considering technological and economic 
feasibility.
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IV. What is the Effect and Basis for Approval of this SIP Revision?

    The effect that this SIP revision has is that the coating lines at 
Morgan are all averaged together for purposes of determining 
compliance. This allows one or more lines to exceed the VOC coating 
limits that would otherwise apply. However, these excess emissions must 
be compensated for by reductions below the otherwise allowable limits 
for the remaining coating lines and the combined daily allowable 
emissions is only 67% of what they would be if the allowable emissions 
were determined individually for each line.
    This alternative RACT limit is allowed under an April 7, 1989, EPA 
policy memorandum titled ``Baseline for Cross-Line Averaging'' by John 
Calcagni, former Director of the Air Quality Management Division. This 
memorandum clarifies EPA policy for cross line averaging used by 
coating lines. Cross-line averaging refers to the averaging of 
emissions from two or more operations or sources to achieve compliance 
with the emission limits of a rule. The combined daily allowable 
emission limit is based upon the lower of actual or allowable emission 
rates from each line and current production. The cross-line averaging 
proposed by Morgan is consistent with EPA RACT policy as set forth in 
this April 7, 1989 memorandum.

V. Final Rulemaking Action.

    In this rulemaking action, we are approving the July 6, 2000, Ohio 
SIP revision submittal of an alternative RACT VOC limit for the Morgan 
Adhesives Company in Stow, Ohio. The specific control requirements for 
Morgan Adhesives are contained in the Director's Final Findings and 
Orders, specifically the ``Orders'' part of the document, signed by 
Ohio EPA on July 5, 2000. We are publishing this action without prior 
proposal because we view this as a noncontroversial revision and 
anticipate no adverse comments. However, in a separate document in this 
Federal Register publication, we are proposing to approve the SIP 
revision should adverse written comments be filed. This action will be 
effective without further notice unless we receive relevant adverse 
written comment by May 17, 2001. Should we receive such comments, we 
will publish a final rule informing the public that this action will 
not take effect. Any parties interested in commenting on this action 
should do so at this time. If no such comments are received, the public 
is advised that this action will be effective on June 18, 2001.

VI. Administrative Requirements.

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-

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existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it 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). This rule also does not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
nor will it have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999), because it merely approves a state rule implementing a 
federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. section 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. Section 804, however, exempts from 
section 801 the following types of rules: Rules of particular 
applicability; rules relating to agency management or personnel; and 
rules of agency organization, procedure, or practice that do not 
substantially affect the rights or obligations of non-agency parties. 5 
U.S.C. section 804(3). EPA is not required to submit a rule report 
regarding this action under section 801 because this is a rule of 
particular applicability.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 18, 2001. 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, Hydrocarbons, 
Incorporation by reference, Ozone, Reporting and record keeping, 
Volatile organic compounds.

    Dated: March 15, 2001.
Norman R. Niedergang,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart KK--Ohio

    2. Section 52.1870 is amended by adding paragraph (c)(123) to read 
as follows:


Sec. 52.1870  Identification of plan.

* * * * *
    (c) * * *
    (123) On July 6, 2000, the State of Ohio submitted a site-specific 
State Implementation Plan (SIP) revision affecting Volatile Organic 
Compound control requirements at Morgan Adhesives Company in Stow, 
Ohio. The SIP revision establishes an alternative control strategy for 
limiting volatile organic compound emissions from coating lines at its 
pressure sensitive tape and manufacturing plant in Stow.
    (i) Incorporation by reference.
    July 5, 2000, Director's Final Findings and Orders of the Ohio 
Environmental Protection Agency in the matter of: Morgan Adhesives 
Company, effective on July 5, 2000.

[FR Doc. 01-9355 Filed 4-16-01; 8:45 am]
BILLING CODE 6560-50-P