[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]
 BILLING CODE 6560-50-P