[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Proposed Rules]
[Pages 31265-31268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12804]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0595; FRL-9677-4]


Approval and Promulgation of Implementation Plans; Ohio; Volatile 
Organic Compound Emission Control Measures for the Cleveland Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On June 1, 2011, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted several volatile organic compound (VOC) rules for 
approval into its State Implementation Plan (SIP). These rules, which 
include the source categories covered by the Control Technique 
Guideline (CTG) documents issued in 2008, as well as several other 
miscellaneous rule revisions, will help Ohio's effort to attain the 
2008 ozone standard. These rules are approvable because they are 
consistent with the CTG documents issued by EPA in 2008, and satisfy 
the reasonably available control technology (RACT) requirements of the 
Clean Air Act (Act).

DATES: Comments must be received on or before June 25, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0595, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: (312) 408-2279.
     Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: Douglas Aburano, Chief, Attainment Planning 
and Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 
77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2011-0595. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Steven Rosenthal at (312) 886-6052 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning & Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
[email protected].

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

I. What should I consider as I prepare my comments for EPA?
II. What action is EPA taking today and what is the purpose of this 
action?
III. What is EPA's analysis of Ohio's submitted VOC rules?
IV. Statutory and Executive Order Reviews


[[Page 31266]]



I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What action is EPA taking today and what is the purpose of this 
action?

    EPA is proposing to approve into the Ohio SIP several new VOC and 
amended VOC rules under Chapter 3745-21 of the Ohio Administrative Code 
(OAC). These include new fiberglass boat manufacturing, miscellaneous 
industrial adhesives, and automobile and light-duty truck assembly 
coatings rules, which are consistent with the CTGs issued in 2008, as 
well as revisions to definitions and rules for the control of VOC 
emissions from stationary sources, storage of volatile organic liquids, 
industrial cleaning solvents, and flatwood paneling coatings. These VOC 
rules will help Ohio's effort to attain the 2008 ozone standard.
    EPA is also proposing to approve into the Ohio SIP amendments to 
OAC 3745-72, which contain its Low Reid Vapor Pressure Fuel 
Requirements, so that it is consistent with EPA requirements regarding 
special provisions for alcohol blends.

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

    As discussed previously, EPA issued new CTGs in 2008. EPA has 
reviewed Ohio's new VOC rules for the source categories covered by 
these CTGs, and proposes to find that those rules covered by the 2008 
CTGs are consistent with the control measures, definitions, 
recordkeeping, and test methods in these CTGs and applicable EPA RACT 
guidance at www.epa.gov/ttn/naaqs/ozone/ozonetech/#ref. Ohio's revised 
VOC rules are also consistent with applicable EPA guidance as described 
above. Therefore EPA is proposing to approve these rules as meeting the 
RACT requirements in the Act. A brief discussion of these rules 
follows.

(1) 3745-21-01--Definitions

    Revisions to this section primarily consist of new definitions that 
are needed to support the new and revised rules. These definitions are 
consistent with EPA RACT guidance and are approvable.

(2) 3745-21-09--Control of Emissions of VOC From Stationary Sources and 
Perchloroethylene From Dry Cleaning Facilities

    The main revisions in this section are the expiration of the 
control requirements in 3745-21-09 (C), (U), and (HH) for the ``Surface 
coating of automobile and light-duty trucks,'' ``Surface coating of 
miscellaneous metal parts and products,'' and ``Surface coating of 
automotive/transportation and business machine plastic parts,'' when 
those sources, in the former Cleveland-Akron-Lorain 1997 8-hour ozone 
nonattainment area (Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, 
Portage, and Summit Counties) become subject to and comply with the new 
rules (discussed below) based on the new CTGs. These revisions are 
approvable because the control requirements in the new CTGs are more 
appropriate and include more stringent emission limits than the rules 
being replaced.
    Additional requirements for flares have been added to 3745-21-
09(JJ), (LL), (UU), (ZZ), and (BBB) for ``The Goodyear Tire and Rubber 
Company,'' ``The Lubrizol Corporation,'' ``British Petroleum Company, 
Toledo Refinery,'' ``Firestone Synthetic Rubber & Latex Company,'' and 
``BF Goodrich Company Akron Chemical Plant.'' An unenforceable 
numerical emission limit for BF Goodrich's agerite resin D process has 
been replaced with the appropriate flare control requirements in 
(DD)(10)(d), as well as the control equipment/flare monitoring 
requirements in (10)(e), and the requirement in (10)(f) that the 
control equipment/flare be operated at all times when emissions are 
vented to it. For the other companies listed above, the flare control 
requirements in (10)(d) have been enhanced by the addition of the 
requirements in (10)(e) and (10)(f). The addition of these flare 
requirements improves the enforceability of the control requirements in 
3745-21-09(JJ), (LL), (UU), (ZZ), and (BBB) and they are therefore 
approvable.

(3) 3745-21-21--Storage of Volatile Organic Liquids in Fixed Roof Tanks 
and External Floating Roof Tanks

    A minor revision was made to (D)(3)(c), which previously referred 
to the requirements ``listed in paragraphs (D)(3)(c)(i) and 
(D)(3)(c)(ii).'' This revision consisted of referring to the 
``following'' requirements instead of the superfluous reference 
``listed in paragraphs (D)(3)(c)(i) and (D)(3)(c)(ii).'' There was no 
substantive change as a result of this rule revision.

(4) 3745-21-23--Control of VOC Emissions From Industrial Solvent 
Cleaning Operations

    Ohio revised its applicability cutoff in (A)(1)(c) to 3.0 tons VOC 
emissions per twelve-month rolling period. This cutoff is consistent 
with the applicability cutoff in several CTGs and is therefore 
approvable.
    Ohio has added alternatives, for manufacturers of coatings, inks or 
adhesives, to the VOC-content limitations in (C)(1) and the cleaning 
requirements in (C)(2). These requirements, in (C)(6)(b) are based on 
the (California) Bay Area Air Quality Management District's rules, 
which are referenced in EPA's CTG. These requirements apply to cleaning 
mixing vats, high dispersion mills, grinding mills, tote tanks, and 
roller mills and consist of four options: (1) The solvent or solvent 
solution used must either contain less than 1.67 pounds VOC per gallon 
or have a VOC composite partial vapor pressure of less than or equal to 
8 millimeters (mm) of mercury (Hg); (2) several work practices must be 
implemented, including storing all VOC-containing cleaning materials in 
closed containers; (3) the emissions from equipment cleaning must be 
collected and vented to an emission control system with an overall 
control efficiency of 80 percent or more on a mass basis; or (4) no 
more than 60 gallons of fresh solvent per month may be used (records of 
which are required to be kept in (G)((7)), and all VOC-containing 
cleaning materials must be stored in closed containers. In addition, 
the owner or operator of a facility engaged in wipe cleaning may not 
use open containers for the storage of organic compounds to be used for 
cleaning, or for the storage or disposal of any material impregnated 
with organic compounds used for cleaning.

[[Page 31267]]

Records of the volume of fresh solvent used per month, VOC content in 
pounds of VOC per gallon or VOC composite pressure are required, if 
applicable to the option chosen for achieving compliance.
    Paragraph (J) includes sufficiently detailed monthly recordkeeping 
requirements for any facility that determines that it is exempt from 
the requirements of this rule because emissions are less than 3.0 tons 
per twelve-month rolling period. These cleaning solvent requirements 
are therefore approvable because they are consistent with EPA guidance 
and require adequate recordkeeping.

(5) 3745-21-24--Flat Wood Paneling Coatings

    Ohio added a paragraph (H) to provide the proper test methods for 
use when a facility chooses to comply by use of an add-on control 
device. These test methods are consistent with, and include, EPA test 
methods and compliance testing requirements.
    Paragraph (K) includes sufficiently detailed daily recordkeeping 
requirements for any facility that determines it is exempt from the 
requirements of this rule because emissions are less than 15.0 pounds 
of VOC per day.
    The additions to Ohio's flat wood paneling coating rule are 
therefore approvable.

(6) 3745-21-27--Boat Manufacturing

    This new regulation is based on and is consistent with EPA's 2008 
CTG for Fiberglass Boat Manufacturing Materials. The control 
requirements for fiberglass boat manufacturing operations in the former 
Cleveland-Akron-Lorain 1997 8-hour ozone nonattainment area apply if 
the combined emissions of VOC from all such operations equal or exceed 
2.7 tons per rolling twelve-month period. This rule covers open molding 
and gel coat operations, resin and gel coat mixing operations, and 
resin and gel coat application equipment cleaning operations. Emission 
limits are consistent with the CTG, as are VOC content and vapor 
pressure limits applicable to cleaning activities associated with 
fiberglass boat manufacturing.
    Subject facilities can comply by using specified monomer VOC 
content limits (e.g. production resin applied via atomized spray would 
need to comply with a weighted average monomer VOC content limit of 28 
percent by weight) and a non-monomer VOC content limit of 5 percent. An 
emission averaging option is also available.
    The VOC containing cleaning solutions for routine cleaning of 
application equipment must either be no more than 5 percent VOC, by 
weight, or the composite vapor pressure must be no more than 0.50 mmHg. 
Also, mixing containers that are 55 gallons or greater must be covered. 
Recordkeeping requirements are also specified to establish 
applicability and compliance with the applicable limits.
    This rule is therefore consistent with RACT and is approvable.

(7) 3745-21-28--Miscellaneous Industrial Adhesives and Sealants

    This new regulation is based on and is consistent with EPA's 2008 
CTG for Miscellaneous Industrial Adhesive Application Operations. The 
control requirements for miscellaneous industrial adhesive application 
operations in the former Cleveland-Akron-Lorain 8-hour ozone 
nonattainment area apply if the combined emissions of VOC from all such 
operations equal or exceed 3.0 tons per twelve-month rolling period. 
Subject adhesive application operations must either meet the specific 
VOC content limitations, depending upon the application or the 
substrate being bonded (e.g. 0.3 pounds VOC per gallon of adhesive for 
bonding metal) or use an add-on control system that achieves an overall 
VOC reduction of at least 85 percent. Specific adhesive application 
methods (e.g. electrostatic spray) and work practices are required to 
reduce emissions. Recordkeeping requirements are also specified to 
establish applicability and compliance with the applicable limits.
    This rule is therefore consistent with RACT and is approvable.

(8) 3745-21-29--Control of VOC Emissions From Automobile and Light-Duty 
Truck Assembly Coating Operations

    This new regulation is based on and is consistent with EPA's 2008 
CTG for Auto and Light-Duty Truck Assembly Coatings. The control 
requirements for automobile and light-duty truck assembly coating 
operations in the former Cleveland-Akron-Lorain 8-hour ozone 
nonattainment area apply if the combined emissions of VOC from all such 
operations equal or exceed 3.0 tons per twelve-month rolling period. 
Specified emission limits, e.g. 12.0 pounds VOC/gallon coating solids 
deposited for topcoat operations, are consistent with the CTG. As 
specified in the CTG, compliance with these limits is based on EPA's 
``Protocol for Determining the Daily VOC Emission Rate of Automobile 
and Light-Duty Truck Primer-Surfacer and Topcoat Operations.'' This 
testing protocol considers the VOC content limit, the transfer 
efficiency and the efficiency of add-on control to establish compliance 
with the applicable emission limit.
    Work practices for coating-related activities and cleaning 
materials, such as storing all VOC-containing coatings, thinners, and 
coating-related waste materials in closed containers are also required. 
Appropriate compliance procedures and test methods, as well as 
sufficient recordkeeping requirements to establish compliance and 
applicability are also included in this regulation.
    This rule is therefore consistent with RACT and is approvable.

(9) 3745-72--Low Reid Vapor Pressure Fuel Requirements

    Ohio's amendments to OAC 3745-72, which contain its low Reid vapor 
pressure fuel requirements, are approvable because they are consistent 
with EPA requirements regarding special provisions for alcohol blends.
Conclusion
    EPA is proposing to approve into the Ohio SIP the new rules for 
fiberglass boat manufacturing (3745-21-27), miscellaneous industrial 
adhesives (3745-21-28), and automobile and light-duty truck assembly 
coatings (3745-21-29), as well as amended rules for definitions (3745-
21-01), the control of VOC emissions from stationary sources (3745-21-
09), storage of volatile organic liquids (3745-21-21), industrial 
cleaning solvents (3745-21-23), flat wood paneling coatings (3745-21-
24), and low Reid vapor pressure fuel requirements (3745-72).

V. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR Part 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the Act. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions

[[Page 31268]]

of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Air pollution control, Environmental protection, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 14, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-12804 Filed 5-24-12; 8:45 am]
BILLING CODE 6560-50-P