[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Proposed Rules]
[Pages 44255-44258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15016]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0302, EPA-R05-OAR-2019-0676; FRL-10011-35-Region 5]


Air Plan Approval; Ohio; Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection 
Agency (EPA) is proposing to approve an April 5, 2019, State 
Implementation Plan (SIP) submittal from the Ohio Environmental 
Protection Agency (OEPA). This SIP submittal, supplemented on November 
21, 2019, consists of amendments and additions to the volatile organic 
compound (VOC) rules in Chapter 3745-21 of the Ohio Administrative Code 
(OAC). These changes provide clarity to facilities that are subject to 
multiple VOC requirements in the SIP, or whose applicable requirements 
have been moved to other sections within OAC Chapter 3745-21 as a 
result of a previous revision. The changes also correct errors and 
provide general administrative cleanup. The SIP submittal adds a 
mechanism for Ohio to approve alternate limitations for site-specific 
miscellaneous industrial adhesive and sealant facilities and includes 
alternate site-specific limitations for certain process lines at Accel 
Group, Incorporated (Accel) in Wadsworth, Ohio. In addition, an 
alternative monitoring, recordkeeping, and reporting program was added 
to the requirements for the BP-Husky Refining LLC, Toledo Refinery.

DATES: Comments must be received on or before August 21, 2020.

ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R05-
OAR-2019-0302 (pertaining to amendments to OAC Chapter 3745-21) or EPA-
R05-OAR-2019-0676 (pertaining to site-specific alternate VOC SIP limits 
for Accel) 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: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[email protected]. The EPA Region 5 office is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding Federal holidays and 
facility closures due to COVID-19.

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 background for this action?
II. What is EPA's analysis of the amendments to OAC Chapter 3745-21?
III. Site-Specific VOC SIP Limits for Accel
IV. What action is EPA taking?
V. Incorporation by Reference.
VI. Statutory and Executive Order Reviews.

I. What is the background for this action?

    Ohio's April 5, 2019, submittal requested that EPA approve 
amendments and additions to OAC Chapter 3745-21, specifically to Rules 
3745-21-09, 3745-21-10, 3745-21-25, 3745-21-26, 3745-21-28, and 3745-
21-29. On November 21, 2019, Ohio supplemented its submittal with an 
additional request to incorporate site-specific VOC limits for Accel. 
EPA has reviewed the amendments contained in both submittals, as 
discussed in detail in the following sections, and is proposing to 
approve the amended portions of OAC Chapter 3745-21 as well as the 
site-specific VOC limits for Accel into the Ohio SIP.

II. What is EPA's analysis of the amendments to OAC Chapter 3745-21?

    The amendments to OAC Chapter 3745-21 are as follows:

Rule 3745-21-09 ``Control of Emissions of Volatile Organic Compounds 
From Stationary Sources and Perchloroethylene From Dry Cleaning 
Facilities''

    OEPA made several amendments to this rule. A correction was made to 
a variable definition in the equation in paragraph (C)(1)(a)(11), and 
the entire equation graphic was replaced with a text version of the 
equation. This administrative amendment is approvable because it 
supports Ohio's initiative to reduce the amount of graphics in its 
regulations in favor of a more accessible format for the visually 
impaired.
    Paragraphs (A), (U), and (HH) were amended to consolidate the VOC

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regulation requirements for facilities in the Cleveland area into a new 
rule within OAC Chapter 3745-21, namely, Rule 3745-21-26. In a prior 
action (82 FR 42451), EPA approved the addition of Rule 3745-21-26 into 
the Ohio SIP. Rule 3745-21-26 replaced the requirements of Rule 3745-
21-09 paragraphs (U) and (HH) for facilities in the Cleveland area 
(Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit 
counties). As a result, all references to Cleveland-area facilities in 
paragraph (U) were removed from the applicability criteria in Rule 
3745-21-09 paragraphs (A)(1) and (A)(3)(b).
    Rule 3745-21-09 paragraph (A)(6) was also amended to remove 
references to paragraph (HH) and to clarify the relocation of 
Cleveland-area facilities' requirements to Rule 3745-21-26. These 
amendments are approvable because they help clarify the requirements 
which need to be met for Cleveland-area facilities and remove any 
confusion for facilities in the rest of the state that need to follow 
the requirements of Rule 3745-21-09.
    Several changes to paragraph (U) of Rule 3745-21-09 are a result of 
the additions to Rule 3745-21-26. The introductory paragraph to (U) was 
removed and references to Ashtabula, Cuyahoga, Geauga, Lake, Lorain, 
Medina, Portage, and Summit counties were removed from paragraph 
(U)(2)(e)(ii). Paragraphs (U)(2)(k) and (U)(2)(l) were removed because 
the specific exemptions for Cleveland-area facilities that are also 
subject to aerospace and shipbuilding/ship repair coating VOC 
regulations were moved to Rule 3745-21-26 for Cleveland-area facilities 
(to 3745-21-26(A)(3)(a)(i)(a) and 3745-21-26(A)(3)(a)(i)(b), 
respectively).
    In paragraph (C), which contains requirements for surface coating 
of automobiles and light duty trucks, an exemption was added for 
aerosol coatings, because the requirements for these coatings are 
addressed by the national VOC rule for aerosol coatings (40 CFR part 59 
subpart E), as required by section 183(e) of the CAA. An exemption was 
added to paragraph (C) for coatings supplied in containers with a net 
volume of 16 ounces or less, or a net weight of one pound or less. This 
exemption is consistent with the 2008 control techniques guidelines 
(CTG) document (EPA-453/R-08-006) for automobile and light-duty truck 
assembly coatings, and therefore EPA finds the amendment approvable 
into the Ohio SIP.
    An alternate monitoring, recordkeeping, and reporting program for 
Process Drains at BP-Husky Refining LLC, Toledo Refinery, Facility ID 
04-48-02-0007 and dated November 23, 2015, has been added to paragraph 
(T)(4) of this rule. The alternate monitoring, recordkeeping, and 
reporting program was approved by Ohio. EPA finds that Ohio's program 
provides a suitable alternative means of assuring compliance at this 
facility because it is consistent with EPA's New Source Performance 
Standards requirements for performance tests at bulk terminals at 40 
CFR part 60, subpart QQQ.
    Lastly, paragraph (DDD)(4)(g)(i)(b)(iii) of this rule was amended 
to correct an incorrect paragraph reference. EPA finds that this and 
the aforementioned amendments to OAC Chapter 3745-21 approvable into 
the Ohio SIP, as the changes either make the requirements clearer, 
correct errors within the requirements, or provide facilities with 
alternate programs to maintain adherence to the CAA.

Rule 3745-21-10 ``Compliance Test Methods and Procedures''

    A test method for reactive adhesives located at 40 CFR part 63, 
subpart PPPP, appendix A, has been added to paragraph (B)(4) of this 
rule. EPA finds that this Federal test method is approvable into the 
Ohio SIP because the test method meets EPA's 2008 Control Techniques 
Guidelines for reactive adhesives. Paragraph (E)(2) was amended to 
remove extraneous language so that it is clear the requirements of 40 
CFR 60.503(b), (c), (e), and (f) are sufficient to determine the amount 
of VOC emissions from bulk gasoline terminals. The language removed 
from paragraph (E)(2) provided additional methodology for testing for 
bulk gasoline terminals, but the methodology was less stringent than 
the new source performance standards for bulk gasoline terminals which 
remain in the Ohio SIP, therefore EPA finds that the removal of the 
extraneous language is approvable into the Ohio SIP.

Rule 3745-21-25 ``Control of VOC Emissions From Reinforced Plastic 
Composites Production Operations''

    Paragraph (F)(3) of this rule contains three subparagraphs, each 
containing a method to calculate a reinforced plastic composites 
production facility's VOC emissions threshold. However, the language in 
paragraph (F)(3) originally indicated that only two of the three 
methods may be used to calculate the VOC emissions threshold. Paragraph 
(F)(3) was amended to make clear that all three subparagraphs/methods 
can be used to calculate the threshold. Because it clarifies the 
requirements, EPA finds that this amendment is approvable into the Ohio 
SIP.

Rule 3745-21-26 ``Surface Coating of Miscellaneous Metal and Plastic 
Parts''

    Paragraph (A)(3)(a)(i)(p) of this rule was amended to include an 
exemption for surface coating of any metal or plastic parts or products 
for which the owner or operator is both subject to and required to 
comply with Rule 3745-21-25 ``Control of VOC emissions from reinforced 
plastic composites production operations.'' The miscellaneous metal 
products and plastic parts categories do not include gel coats applied 
to fiber-reinforced plastic composites products which are removed from 
a mold or used as in-mold coatings in the production of fiberglass 
parts. Those composite products' VOC limits are instead specified in 
Rule 3745-21-25, therefore EPA finds that this amendment is approvable 
into the Ohio SIP.
    Paragraph (G)(2) was amended to remove introductory language that, 
while technically correct in identifying paragraphs with relevant 
reporting and recordkeeping requirements for surface coating of 
miscellaneous metal and plastic parts, is superfluous and potentially 
confusing regarding the requirements of this chapter. Therefore, the 
introductory language, ``In addition to paragraphs (B)(3)(j) and 
(B)(3)(k) of Chapter 3745-21-09 of the Administrative Code'' has been 
removed. EPA finds that this amendment to the Ohio SIP is approvable 
because paragraph (G)(2) already comprehensively points to all relevant 
reporting and recordkeeping requirements. Lastly, paragraph (G)(1) was 
amended to correct a typographical error, and is approvable into the 
Ohio SIP.

Rule 3745-21-28 ``Miscellaneous Industrial Adhesives and Sealants''

    This rule was amended to add paragraph (C)(4), which allows a 
facility to request Ohio to approve an alternative reasonably available 
control technology (RACT) emissions limit for production of 
miscellaneous industrial adhesives and sealants. This amendment is 
approvable because the conditions of the paragraph include the existing 
Ohio authority to approve alternate RACT emissions limits for these 
facilities, and also require a facility to obtain a federally-
enforceable permit and EPA's approval of the alternate RACT emissions 
limit. Ohio does not need to have such a paragraph in the SIP for site-
specific alternative RACT limit requests and approval

[[Page 44257]]

because authority for such limits already exists. However, because the 
paragraph makes clearer the conditions which must be met for a facility 
to request an alternative RACT limit, EPA finds this paragraph 
approvable into the Ohio SIP.

Rule 3745-21-29 ``Control of Volatile Organic Compound Emissions From 
Automobile and Light-Duty Truck Assembly Coating Operations, Heavier 
Vehicle Assembly Coating Operations, and Cleaning Operations Associated 
With These Coating Operations''

    Paragraph (F)(2) of this rule was amended to correct a reference to 
40 CFR part 63, subpart PPPP, which outlines the procedure for 
determining the VOC content of a reactive adhesive. The amendment now 
references appendix A of 40 CFR part 63, subpart PPPP, which is the 
correct location of the reactive adhesive VOC content determination 
procedure. The amendment is approvable into the Ohio SIP.

III. Site-Specific VOC SIP Limits for Accel

    On November 21, 2019, Ohio submitted a supplement to its April 5, 
2019 submittal that includes a request for EPA to approve site-specific 
alternate VOC SIP limits of 4.98 pounds per gallon (lb/gal) and 65 tons 
per year (tpy) for Accel in the facility's operating permit. Ohio 
requested that EPA process this revision in parallel with the revisions 
to Rule 3745-21-28(c)(4), which is discussed in Section II. The limits 
are an alternative to the facility meeting the 2.1 lb/gal contact bond 
adhesive VOC limit in Rule 3745-21-28(c)(1).
    Ohio reviewed multiple factors in its approval of site-specific 
alternate VOC SIP limits for the Accel facility. Among them, Ohio 
indicates that Accel had reviewed several options for meeting the 2.1 
lb/gal contact bond adhesive VOC limit, and provided an adequate 
technological and financial demonstration for why meeting the 2.1 lb/
gal limit is infeasible. Accel demonstrated that the custom blended 
adhesive that was used to meet the contact bond adhesive VOC limit was 
discontinued, and that attempts to recreate the blend with other 
available components did not produce adhesive that would remain soluble 
enough to adequately perform the same task as the now-unavailable 
custom blend. Further, available adhesives that meet the 2.1 lb/gal VOC 
limit are not post-formable, which is a requirement for the facility.
    Accel also pursued changing the facility's production lines to use 
hot melt type adhesives. Using the control costs spreadsheet from EPA's 
Office of Air Quality Planning and Standards, Accel demonstrated that 
the cost to meet the existing contact bond adhesive limit versus the 
alternate site-specific limits using hot melt type adhesives would be 
$12,740/ton versus $1,050/ton, respectively. Further, Accel explained 
that even if the facility were to make such a fiscally unfeasible 
change, it is not known whether the new adhesive would create products 
that meet its customers' specifications.
    Ohio indicated that there are no facilities similar to Accel in 
Ohio subject to Rule 3745-21-28. For that reason and the reasons 
demonstrated by Accel, Ohio approved 4.98 lb/gal and 65 tpy VOC limits 
for the facility into Accel's operating permit on September 16, 2019 
and Ohio did not receive any comments on the action during its public 
comment period. The site-specific VOC limits for Accel are located in 
the following paragraphs of its September 16, 2019 permit:

--Section B ``Facility-wide Terms and Conditions'', paragraphs B.4, 
B.6, B.8, and B.9.c).
--Section C ``Emissions Unit (EU) Terms and Conditions'', paragraphs 
C.1.b)(1)d, C.1.b)(2)a, C.1.d)(2), C.1.d)(3), C.1.e)(3), C.1.f)(1)c, 
C.2.b)(1)d, C.2.b)(2)a, C.2.d)(2), C.2.d)(3), C.2.e)(3), and 
C.2.f)(1)e.

    As noted in section II of this action, Ohio has the authority in 
its VOC SIP to allow site-specific alternate VOC SIP limits. OEPA has 
confirmed that the Type II adhesives limits will remain enforceable as 
part of the SIP for as long as the company keeps the permit active, and 
if the permit expires the limits revert to the more stringent 2.1 lb/
gal contact bond adhesive VOC limit in OAC 3745-21-28(c)(1). EPA's 
proposed approval is based on OPEA's confirmation that ``[s]hould the 
company allow the permit to expire, or request a change in the 
federally approved limits or associated terms, they will lose their 
authority to operate the emissions unit under those limits and will be 
required to begin permitting again from scratch, including petitioning 
USEPA for a new, federally enforceable alternate limit.''
    The revisions to Rule 3745-21-28(c)(4) and the site-specific 
alternate VOC SIP limits for Accel discussed above are approvable as 
they both clarify site-specific limits for affected sources and what 
steps that sources, Ohio, and EPA will take when approving and 
incorporating such limits into the Ohio SIP. EPA finds these revisions 
approvable into the Ohio SIP.

IV. What action is EPA taking?

    EPA is proposing to approve the revisions to OAC Chapter 3745-21, 
specifically to Rules 3745-21-09, 3745-21-10, 3745-21-25, 3745-21-26, 
3745-21-28, and 3745-21-29 as contained in Ohio's April 5, 2019, 
submittal. EPA is also proposing to approve the addition of paragraphs 
B.4, B.6, B.8, B.9.c), C.1.b)(1)d, C.1.b)(2)a, C.1.d)(2), C.1.d)(3), 
C.1.e)(3), C.1.f)(1)c, C.2.b)(1)d, C.2.b)(2)a, C.2.d)(2), C.2.d)(3), 
C.2.e)(3), and C.2.f)(1)e as listed in the September 19, 2019 operating 
permit for Accel into Ohio's SIP.

V. Incorporation by reference.

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the following rules in Ohio Administrative Code Chapter 3745-
21: Rules 3745-21-09, 3745-21-10, 3745-21-25, 3745-21-26, 3745-21-28, 
and 3745-21-29, effective February 16, 2019, discussed in Section II of 
this action, and certain provisions of the Division of Air Pollution 
Control Permit-to-Install and Operate for Accel Group, Inc., effective 
September 19, 2019, discussed in Section III of this action. 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).

VI. 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;

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     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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: July 7, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-15016 Filed 7-21-20; 8:45 am]
BILLING CODE 6560-50-P