[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Proposed Rules]
[Pages 53832-53835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23363]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0121; FRL-9985-85-Region 5]
Air Plan Approval; Ohio; Ohio Permit Rules Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to Ohio air permitting rules at Ohio Administrative
Code (OAC) 3745-31 into the State Implementation Plan (SIP) under the
Clean Air Act (CAA). These revisions represent minor changes to the air
permitting rules the Ohio Environmental Protection Agency (OEPA)
adopted on April 21, 2016, which became effective at the state level on
May 1, 2016.
DATES: Comments must be received on or before November 26, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0121 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection
[[Page 53833]]
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 886-3189, [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. Background
II. Review of State Submittal
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On January 2, 2018, OEPA submitted to EPA revisions to rules in OAC
chapters 3745-31-01, 3745-31-03, 3745-31-05, 3745-31-06, 3745-31-11,
3745-31-13, and 3745-31-14. These revisions pertain to air permitting
rules which update definitions, provisions for exemptions and permits-
by-rule, criteria for permits-to-install (PTI) and permits-to-install-
and-operate (PTIO), and attainment provisions. Ohio adopted revisions
to these rules on April 21, 2016.
After the April 21, 2016 rule revisions, OEPA submitted revisions
to OAC 3745-31-01 to EPA on March 10, 2017, which became effective at
the state level on March 20, 2017. These revisions determined that
volatile organic compounds (VOCs) and ammonia are an insignificant
source of particulate matter smaller than 2.5 micrometers
(PM2.5). EPA published a final approval of this rule
revision on July 18, 2018 (83 FR 33844).
In the January 2, 2018 submittal, OEPA requested that the following
paragraphs be excluded from approval into the SIP: OAC 3745-31-01(I),
(NN)(2)(b) and (c), (SSS)(1)(b), (CCCC)(2)(d) through (h), (QQQQ),
(JJJJJ), and (BBBBBB); 3745-31-03(B)(1)(p) and (C)(2)(c)(iii); 3745-31-
05(A)(3)(a)(ii) and (E); and 3745-31-13(H)(1)(c).
II. Review of State Submittal
The following discussion summarizes the rule revisions and EPA's
analysis of them under the CAA.
3745-31-01 Revisions
The definition of ``emergency'' at OAC 3745-31-01(MM)(4) adds a
paragraph to include instances where a regional transmission
organization implements emergency procedures for voluntary load
curtailments. This addition is consistent with the existing language in
this definition which accounts for power outage instances.
The definition of ``emergency engine'' has been revised to add
examples of emergencies in OAC 3745-31-01(NN)(1). The definition also
adds a paragraph at OAC 3745-31-01(NN)(2)(f) to include non-emergency
situations other than those already listed in the rule. Such usage is
limited to 50 hours per year. This language is consistent with 40 CFR
60.4211(f), 40 CFR 60.4243(d)(2)(ii), and 40 CFR 63.6640(f)(4).
The definition of ``major modification'' has been modified to add
the following language at OAC 3745-31-01(LLL)(6): ``different
pollutants, including individual precursors, are not summed to
determine applicability of a major modification.'' This new language is
consistent with the existing method for summing emissions to determine
whether a modification will be considered major for new source review
(NSR) or prevention of significant deterioration (PSD).
The definition of ``major stationary source'' (OAC 3745-31-01(NNN))
has been modified to add lower emission thresholds for VOCs, carbon
monoxide (CO), particulate matter smaller than 10 micrometers
(PM10), and PM2.5 consistent with title I, part
D, subparts 2, 3, and 4 of the CAA. The modification to this definition
also adds the following language ``different pollutants, including
individual precursors, are not summed to determine applicability of a
major modification,'' which is consistent with the revision to the
definition of ``major modification'' discussed above.
The definition of ``PM2.5 precursor'' (OAC 3745-31-
01(WWWW)) has been modified to state that VOC and ammonia are
determined to be insignificant contributors to PM2.5
formation. EPA approved this precursor determination for VOC and
ammonia on July 18, 2018 (83 FR 33844).
The definition of ``regulated NSR pollutant'' has been modified at
OAC 3745-31-01(NNNNN)(2)(a)(ii)(d) to add a paragraph stating that VOCs
are presumed not to be precursors to PM2.5 unless
demonstrated otherwise. This addition is consistent with the final rule
that EPA published on August 24, 2016 (81 FR 58010).
The definition of ``significant'' (OAC 3745-31-01(VVVVV)) has been
modified to add an emission rate threshold of 40 tons per year for VOC
emissions as a precursor to PM2.5 emissions. This is
consistent with 40 CFR 51.165(a)(1)(x)(A).
The list of reference materials in OAC 3745-31-01(LLLLL) has been
modified to add new reference materials and update Federal Register and
Code of Federal Regulations citations. The updates to this section do
not change any requirements under this rule and are for reference
purposes only.
OAC 3745-31-03 Revisions
OAC 3745-31-03 contains provisions for sources that qualify for
exemptions or permits-by-rule. OAC 3745-31-03(A) has been revised to
add a list of CAA requirements that sources qualifying for an exemption
to obtain a PTI or PTIO still must comply with. OAC 3745-31-03(B)(1)
has been modified to remove language that excludes exemptions for
emissions sources subject to 40 CFR part 60, part 61, or part 63
standards. Although this language has been removed, these units are
still obligated to meet all CAA requirements as stated in OAC 3745-31-
03(A).
OAC 3745-31-03(B)(1)(a), (c), and (nn) and 3745-31-03(C)(2) have
been revised to remove ``(with less than or equal to 0.5 percent by
weight sulfur)'' from the term ``distillate oil.'' The definition of
``distillate oil'' in OAC 3745-31-01(KK) already includes the phrase
``(with less than or equal to 0.5 percent by weight sulfur).''
Therefore, these revisions remove redundant wording and do not change
the definition of ``distillate oil.''
OAC 3745-31-03(B)(1)(q) adds an exemption for dry cleaning
facilities that do not use perchloroethylene solvent, use petroleum
solvents, and meet a list of other qualifications. On July 27, 2018,
OEPA submitted a supplement to the January 2, 2018 SIP submittal to
address requirements of Section 110(l) of the CAA. In this supplement,
OEPA stated that sources meeting the criteria for this new exemption
are low-emitting sources which would not have been permitted prior to
the rule change. This explicit exemption is meant to provide clarity to
small businesses that already would have been exempt from permitting
requirements.
OAC 3745-31-03(B)(1)(r) adds an exemption for dry cleaning
facilities that employ wet cleaning processes, liquid carbon dioxide
processes, or equipment that utilizes volatile methyl siloxane solvent.
In the July 27, 2018 supplement, OEPA stated that sources meeting the
criteria this new exemption are low-emitting sources which would not
have been permitted prior to the rule change. This explicit exemption
is meant to provide clarity to small businesses that already would have
been exempt from permitting requirements.
The paragraph in OAC 3745-31-03(B)(1)(jj) replaces ``arc welding''
with ``brazing, soldering, welding, or plasma cutting operations.''
This revision applies to deminimis operations and
[[Page 53834]]
will not impact which sources are required to obtain a PTI or PTIO.
OAC 3745-31-03(B)(1)(ll) is the existing exemption for coating
applicators. The paragraph that says ``not located at a facility with
actual emissions of twenty-five or more tons of volatile organic
materials per year'' has been revised to remove the following language:
``and are not subject to a standard under Section 112 of the Clean Air
Act.'' Despite this language removal, sources are still obligated to
comply with any 40 CFR part 63 maximum achievable control technology
standard pursuant to OAC 3745-31-03(A)(5).
OAC 3745-31-03(B)(1)(nn) and (oo) and OAC 3745-31-03(C)(a) add
language to the existing exemptions which state that such sources shall
comply with 40 CFR part 60 subpart IIII, 40 CFR part 60 subpart JJJJ,
and 40 CFR part 63 subpart ZZZZ, as applicable. This is a clarification
of existing requirements for sources that qualify for these exemptions.
OAC 3745-31-03(B)(1)(uu) through (jjj) adds exemptions to a several
activities. In its supplement to the request dated July 27, 2018
discussing CAA Section 110(l), OEPA indicated that sources meeting the
criteria for these new exemptions are low-emitting sources which would
not have been permitted prior to the rule change. These exemptions are
meant to provide clarity to small businesses that already would have
been exempt from permitting requirements.
The rule revisions add a sentence on deminimis exemptions at OAC
3745-31-03(B)(4) which says that sources meeting rule OAC 3745-15-05
are exempt from this chapter. OAC 3745-15-05 is an existing rule which
provides an exemption to sources that meet the definition of deminimis
in that rule. This new addition provides a clarification for sources
that are already exempt under existing rule provisions.
OAC 3745-31-03(C), which is the section for permits-by-rule,
removes a paragraph that included definitions for ``emergency;''
``emergency electrical generator,'' ``emergency water pump,'' or
``emergency air compressor;'' and ``emergency internal combustion
engine.'' These definitions are addressed elsewhere in OEPA's rules.
OAC 3745-31-03(C)(2)(a) lists source specific permit-by-rule
provisions for emergency equipment. The rule revisions add a statement
at OAC 3745-31-03(C)(2)(iii) that says, ``there is no time limit on the
use of emergency electrical generators in emergency situations.'' This
language is consistent with 40 CFR 60.4211(f)(1), 40 CFR 60.4243(d)(1),
and 40 CFR 63.6640(f)(1).
The permit-by-rule provisions for auto body refinishing facilities
(OAC 3745-31-03(C)(2)(f)) have been revised to include several minor
changes to deminimis operations. Ohio conducted modeling to confirm
that the change in the stack height limit will not impact air quality
above the state's maximum acceptable ground level concentration
(MAGLC). EPA agrees that the change in stack height limit will not
impact air quality above the MAGLC.
The permit-by-rule provisions for gasoline dispensing facilities
with Stage I controls (OAC 3745-31-03(C)(2)(g)) have been revised to
include a requirement that facilities comply with 40 CFR part 63,
subpart CCCCCC, when applicable.
The permit-by-rule provisions for gasoline dispensing facilities
with Stage I and Stage II controls (OAC 3745-31-03(C)(2)(h)) have been
revised to add the following: (1) A requirement that facilities comply
with 40 CFR part 63, subpart CCCCCC, when applicable; (2) sources that
have decommissioned the Stage II vapor control system to the list of
eligible conditions; and (3) a requirement for low permeation hoses
pursuant to OAC 3745-31-09(DDD). These revisions update the rule
language to be consistent with other regulatory requirements and do not
make this provision less stringent.
The permit-by-rule provisions for small printing facilities (OAC
3745-31-03(C)(2)(j)) have been revised to add OAC 3745-22-22(A) through
(I) to the list of applicable requirements. This was added to provide
clarity regarding existing requirements for sources subject to this
provision.
The rule revisions add a new source-specific permit-by-rule for
unpaved roadways and parking areas and paved roadways and parking areas
at OAC 3745-31-03(C)(2)(l) and (m), respectively. OEPA states in its
July 27, 2018, Section 110(l) supplement, that these new provisions
maintain operational, monitoring, recordkeeping, and reporting
requirements that would have applied to affected sources that obtained
a permit. As such, the addition of a permit-by-rule for these source
categories will not impact emissions or air quality pursuant to Section
110(l) of the CAA.
OAC 3745-31-05, 3745-31-13, and 3745-31-14 Revisions
OAC 3745-31-05(A)(3)(a)(iv) has been added to Ohio's rules which
says that Best Available Technology (BAT) is not required for sources
subject to a plant-wide applicability limit (PAL). This addition is
consistent with the expectation that a PAL established pursuant to OAC
3745-31-32 will supersede other applicable permitting requirements for
that pollutant at a source.
OAC 3745-31-05(A)(3)(f) and (g) have been added to Ohio's rules
which establish minimum equivalent limits for BAT.
OAC 3745-31-05(F) has been revised to add clarifying language
regarding voluntary limits on allowable emissions.
The rule revisions remove a section about site approval for
portable sources, which was formerly at OAC 3745-31-05(H). Site
approvals for portable sources are already addressed in OAC 3745-31-
03(B)(1)(p).
The rule revisions include changes to OAC-3745-31-05(I), which
addresses inter-divisional coordination within the Office of
Enforcement and Compliance Assurance. The provisions in this section do
not impact CAA requirements.
OAC 3745-31-13(H)(1)(f) and OAC 3745-31-14(D) have been revised to
add nitrogen oxides as an ozone pollutant. This revision is consistent
with Federal rules.
Grammatical Changes
The rule revisions include a number of changes that are grammatical
in nature which do not change the meaning of the rule requirements. For
example, some changes remove the phrase ``the following'' ahead of a
series of subparagraphs and remove the word ``or'' after each
subparagraph. Another example is replacing the pronoun ``it'' with more
specific wording to promote clarity. These changes are applied
throughout the rule revisions and are too numerous to individually
itemize, but are all minor and do not change the meaning of the rules.
III. What action is EPA taking?
EPA is proposing approval of the rule revisions to 3745-31-01,
3745-31-03, 3745-31-05, 3745-31-06, 3745-31-11, 3745-31-13, and 3745-
31-14 that OEPA submitted on January 2, 2018, into the SIP. EPA finds
that the revisions are consistent with Federal requirements. As
requested by OEPA, the following provisions are not included in this
proposed approval: OAC 3745-31-01(I), (NN)(2)(b) and (c), (SSS)(1)(b),
(CCCC)(2)(d) through (h), (QQQQ), (JJJJJ), and (BBBBBB); 3745-31-
03(B)(1)(p) and (C)(2)(c)(iii); 3745-31-05(A)(3)(a)(ii) and (E); and
3745-31-13(H)(1)(c).
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by
[[Page 53835]]
reference. In accordance with requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference revisions to OAC 3745-31-01 [with
the exception of OAC 3745-31-01(I), (NN)(2)(b) and (c), (SSS)(1)(b),
(CCCC)(2)(d) through (h), (QQQQ), (JJJJJ), and (BBBBBB)], as effective
on March 20, 2017; and OAC 3745-31-03 [with the exception of OAC 3745-
31-03(B)(1)(p) and (C)(2)(c)(iii)], OAC 3745-31-05 [with the exception
of OAC 3745-31-05(A)(3)(a)(ii) and (E)], OAC 3745-31-06, OAC 3745-31-
11, OAC 3745-31-13 [with the exception of OAC 3745-31-13(H)(1)(c)], and
OAC 3745-31-14, as effective on May 1, 2017. EPA has made, and will
continue to make, these documents generally available through
www.regulations.gov and at the EPA Region 5 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information).
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 11, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-23363 Filed 10-24-18; 8:45 am]
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