[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Rules and Regulations]
[Pages 68758-68760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0302, EPA-R05-OAR-2019-0676; FRL-10015-49-Region 5]


Air Plan Approval; Ohio; Volatile Organic Compounds

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, a State Implementation Plan (SIP) submittal from the 
Ohio Environmental Protection Agency (OEPA). This SIP revision request, 
submitted on April 5, 2019, and supplemented on November 21, 2019, 
consists of amendments and additions to the volatile organic compound 
(VOC) rules in 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 the OAC as a result of a previous 
revision. The changes also correct errors and provide general 
administrative cleanup. An alternative monitoring, recordkeeping, and 
reporting program was added to the requirements for the BP-Husky 
Refining LLC, Toledo Refinery. In addition, 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 the 
Accel Group, Incorporated (Accel) facility in Wadsworth, Ohio. EPA 
proposed to approve this action on July 22, 2020, and received no 
adverse comments.

DATES: This final rule is effective on November 30, 2020.

ADDRESSES: EPA has established dockets for this action under Docket ID 
Nos. EPA-R05-OAR-2019-0302 (pertaining to amendments to OAC Chapter 
3745-21) and EPA-R05-OAR-2019-0676 (pertaining to site-specific 
alternate VOC SIP limits for the Accel facility). All documents in the 
dockets are listed on the www.regulations.gov website. 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 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 and facility closures due to COVID-19. We recommend 
that you telephone Anthony Maietta, Environmental Protection 
Specialist, at (312) 353-8777 before visiting the Region 5 office.

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].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On July 22, 2020, EPA proposed to approve amendments and additions 
to the VOC rules located at OAC Chapter 3745-21, including an 
alternative monitoring, recordkeeping, and reporting program for the 
BP-Husky Refining LLC, Toledo Refinery at OAC 3745-21-09(T)(4), and 
alternate site-specific limitations for the Accel facility contained in 
its September 19, 2019, operating permit (85 FR 44255). An explanation 
of the applicable Clean Air Act requirements, a detailed analysis of 
the revisions, and EPA's reasons for

[[Page 68759]]

proposing approval were provided in the notice of proposed rulemaking 
(NPRM) and will not be restated here. The public comment period for 
this proposed rule ended on August 21, 2020. EPA received one 
supportive comment (from BP-Husky) on the proposal. Therefore, we are 
finalizing our action as proposed.

II. Final Action

    EPA is approving the revisions to OAC Chapter 3745-21, specifically 
to the following 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 approving into the SIP 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 the Accel facility.

III. 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 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). 
Therefore, these materials have been approved by EPA for inclusion in 
the State implementation plan, have been incorporated by reference by 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the Clean Air Act as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air 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 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 it is not a significant regulatory 
action 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 Clean Air Act; 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 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 29, 2020. 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: October 8, 2020.
Kurt Thiede,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends title 40 CFR 
part 52 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 amend:
0
a. The table in paragraph (c) under ``Chapter 3745-21 Carbon Monoxide, 
Ozone, Hydrocarbon Air Quality Standards, and Related Emissions 
Requirements'' by revising the entries for 3745-21-09, 3745-21-10, 
3745-21-25, 3745-21-26, 3745-21-28, and 3745-21-29; and
0
b. The table in paragraph (d) by adding a new entry for ``Accel Group, 
Inc.'' before the entry for ``AK Steel Corporation''.

[[Page 68760]]

    The revisions and addition 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3745-21-09.............  Control of emissions of         2/16/2019  10/30/2020, [INSERT   ......................
                          volatile organic                           Federal Register
                          compounds from                             CITATION].
                          stationary sources and
                          perchloroethylene from
                          dry cleaning facilities.
3745-21-10.............  Compliance test methods         2/16/2019  10/30/2020, [INSERT   ......................
                          and procedures.                            Federal Register
                                                                     CITATION].
 
                                                  * * * * * * *
3745-21-25.............  Control of VOC emissions        2/16/2019  10/30/2020, [INSERT   ......................
                          from reinforced plastic                    Federal Register
                          composites production                      CITATION].
                          operations.
3745-21-26.............  Surface coating of              2/16/2019  10/30/2020, [INSERT   ......................
                          miscellaneous metal and                    Federal Register
                          plastic parts.                             CITATION].
 
                                                  * * * * * * *
3745-21-28.............  Miscellaneous industrial        2/16/2019  10/30/2020, [INSERT   ......................
                          adhesives and sealants.                    Federal Register
                                                                     CITATION].
3745-21-29.............  Control of volatile             2/16/2019  10/30/2020, [INSERT   ......................
                          organic compound                           Federal Register
                          emissions from                             CITATION].
                          automobile and light-
                          duty truck assembly
                          coating operations, and
                          cleaning operations
                          associated with these
                          coating operations.
 
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* * * * *
    (d) * * *

                                  EPA-Approved Ohio Source-Specific Provisions
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                                                 Ohio effective
         Name of source              Number           date         EPA approval date            Comments
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Accel Group, Inc...............        P0120345       9/16/2019  10/30/2020, [INSERT   Only paragraphs B.4, B.6,
                                                                  Federal Register      B.8, B.9.c), C.1.b)(1)d,
                                                                  CITATION].            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.
 
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[FR Doc. 2020-22785 Filed 10-29-20; 8:45 am]
BILLING CODE 6560-50-P