[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, 
[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 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\
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    \1\ 62 FR 27968 (May 22, 1997).
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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
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                                                         Ohio
       Ohio citation             Title/subject         effective      EPA approval  date           Notes
                                                         date
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                                                  * * * * * * *
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  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.
 
                                                  * * * * * * *
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                   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).
 
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[FR Doc. 2017-18864 Filed 9-7-17; 8:45 am]
 BILLING CODE 6560-50-P