[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54996-54998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17337]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0442; FRL-10601-01-R5]


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 a May 12, 2022, State 
Implementation Plan (SIP) submittal from the Ohio Environmental 
Protection Agency (OEPA). This SIP submittal consists of a source-
specific limitation for certain process lines at Forest City 
Technologies, Plant 4, in Wellington, Ohio. The source-specific 
limitation reflects the lowest rate possible for the facility given 
technological and cost considerations. The source-specific limitation 
is established through the Ohio SIP, per the Ohio Administrative Code 
(OAC), and listed as an enforceable condition in the facility's 
operating permit, issued by OEPA on June 23, 2020.

DATES: Comments must be received on or before September 13, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0442 at https://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 https://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.

I. What is the background for this action?

    On October 30, 2020, EPA approved OAC 3745-21-28(C)(4) into the 
Ohio SIP which allows for the establishment of source-specific volatile 
organic compound (VOC) emissions limits for industrial adhesive and 
sealant application units when the otherwise applicable emission limit 
is determined to be technically and/or economically infeasible. This 
rule provides specific conditions for Ohio to determine and approve 
source-specific VOC reasonably available control technology (RACT) 
emissions limits for production of miscellaneous industrial adhesives 
and sealants on a case-by-case basis. The source-specific VOC limit is 
established as an emissions rate or overall percent reduction, 
typically specified in the facility's final permit-to-install or 
permit-to-install and operate.
    There are several criteria necessary for establishing the source-
specific VOC limit under OAC 3745-21-28(C)(4). OEPA must make a 
determination that the otherwise applicable VOC limit is technically or 
economically infeasible. The source-specific VOC limit must be the 
lowest rate possible considering technological and economic feasibility 
for the process involved. The source-specific VOC limit must then be 
approved by the EPA into the Ohio SIP.
    On June 23, 2020, Ohio determined that Forest City Technologies' 
encapsulated adhesive coating process equipment met the criteria for a 
source-specific VOC limit. In the time between renewal of the operating 
permit for Forest City Technologies, Ohio EPA adopted a VOC RACT limit 
of 0.3 pounds per gallon (lb/gal) into the Ohio SIP in Table 1 of OAC 
3745-21-28(C)(1) for adhesives applied to a metal substrate. The 0.3 
lb/gal VOC RACT limit reflects the limit identified in

[[Page 54997]]

EPA's Control Techniques Guidelines (CTG) for Miscellaneous Industrial 
Adhesives, specifically for the category of ``adhesives applied to a 
metal substrate''. The VOC RACT limit was determined to be the closest 
existing category comparable to the encapsulated adhesive coatings 
manufactured at Forest City Technologies. Subsequently, when renewing 
their operating permit, Forest City Technologies indicated to Ohio that 
because of technical and economic infeasibility, it was not able to 
meet a 0.3 pounds per gallon (lb/gal) VOC RACT limit.
    As discussed in the next section, EPA finds that in its June 23, 
2020, determination, Ohio adhered to the SIP-approved criteria in OAC 
3745-21-28(C)(4) to establish a source-specific emission limit for the 
encapsulated adhesive coating process at Forest City Technologies.

II. What is EPA's analysis of the source-specific VOC SIP limit?

    Forest City Technologies is a manufacturer of encapsulated 
adhesive-coated screws and fasteners, primarily for the automotive 
industry, located in Lorain County. The encapsulated adhesive-coated 
screws and fasteners meet materials specifications set forth by the 
company's automotive manufacturing and OEM auto parts manufacturing 
customers related to safety, based on the screws' ability to remain 
secured to metal automotive components. The encapsulated adhesive-
coated screws and fasteners use the mechanical force of securing the 
screws and fasteners to break the encapsulation, adhering them to the 
metal automotive components. The encapsulated adhesive coating helps 
ensure that the screws stay secured longer than uncoated screws under 
stress and load situations that automobiles and OEM automotive parts 
are subject to during use.
    The safety and application specifications from Forest City 
Technologies' customers limit the company's ability to meet the 0.3 lb/
gal VOC RACT limit for adhesives applied to a metal substrate. If 
Forest City were to meet the 0.3 lb/gal VOC RACT limit, the adhesive 
would not meet its customers specifications. Additionally, the 2008 
miscellaneous industrial adhesives CTG did not consider an encapsulated 
adhesive coating product at the time. However, discussions between 
industry and EPA determined that the 0.3 lb/gal VOC RACT limit in OAC 
3745-21-28(C)(1) for adhesives applied to a metal substrate is the 
closest existing category comparable to the encapsulated adhesive 
coatings manufactured at Forest City Technologies. Therefore, Forest 
City Technologies requested a source-specific VOC limit and provided 
Ohio with the information necessary to make such a determination.
    Ohio considered that Forest City Technologies is a smaller 
facility; even with a potential to emit up to 65.5 tons per year of 
VOC, the actual VOC emissions from the facility were no greater than 
5.533 tons per year for the most recent 5-year period of emissions 
reported to Ohio at the time of the source-specific limit request.
    As part of its request for a source-specific limit, Forest City 
Technologies determined the cost effectiveness of installing control 
equipment to meet the 0.3 lb/gal VOC RACT limit for adhesives applied 
to a metal substrate, and submitted it to Ohio. The cost effectiveness 
review shows that at the facility's full potential-to-emit, the cost to 
control VOC from the encapsulated adhesive process using the lowest-VOC 
raw materials available to meet their customers' specifications as 
approximately $12,750 per ton, well over Ohio's VOC RACT consideration 
level of $5,500 per ton.
    After reviewing information from Forest City Technologies about the 
materials used in the encapsulated adhesive coating process, Ohio 
determined that Forest City Technologies is able to utilize an adhesive 
that would limit VOC emissions to a rate of 1.91 lb/gal when utilized 
in the process. The adhesive would also satisfy the specifications for 
Forest City Technologies' customers. The adhesive was not subject to 
any Ohio VOC rules at the time, adding further consideration to a 
source-specific limit for the facility.
    By considering the unique nature of the encapsulated adhesive 
process, the financial considerations for the facility, and the 
technological limitations for the manufacturing materials, Ohio 
determined that the lowest source-specific VOC RACT emissions rate 
possible for Forest City Technologies is 1.91 lb/gal, excluding water 
and exempt solvents.
    Ohio approved the 1.91 lb/gal source-specific VOC limit for Forest 
City Technologies by issuing a final operating permit to the facility 
on June 23, 2020. The final permit contains the source-specific VOC 
RACT limit of 1.91 lb/gal for the Dip Spin Unit #2 with drying oven 
(unit K010) at paragraph C.1.b)(1)e., and for the Emissions Unit Group-
Coaters \1\ at Paragraph C.2.B)(1)e.. The final operating permit 
contains testing requirements for compliance with the source-specific 
limit at Paragraph C.1.f)(1)d. for the Dip Spin Unit #2 with drying 
oven, and at Paragraph C.2.f)(1)d. for the Emissions Unit Group-
Coaters.
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    \1\ Emissions Unit Group--Coaters consists of units K007, K009, 
K014, K015, K016, K017, K018, K019, K020, K021, K022, K023, K024, 
K025, K026, K028, K029, K030, K031, K032, K033, K034, K036, K037, 
and K051 at the Forest City Technologies facility.
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    The final operating permit also contains recordkeeping and 
reporting requirements for the Dip Spin Unit #2 with drying oven at 
Paragraph C.1.d)(3) and Paragraph C.1.e)(1)c.. The recordkeeping and 
reporting requirements for the Emissions Unit Group-Coaters are located 
at Paragraph C.2.d)(4) and Paragraph C.2.e)(3)b. of the final Forest 
City Technologies permit.
    In its May 12, 2022, submittal, Ohio states that it provided 
opportunity for public participation on its proposed approval of a 
source-specific VOC emission limit for Forest City Technologies 
contained in the operating permit for the facility. The comment period 
for the proposed approval opened on May 15, 2020, and ended on June 14, 
2020. No comments were received.
    Based on its review of Ohio's May 12, 2022, submittal, EPA finds 
that the source-specific VOC limit of 1.91 lb/gal, excluding water and 
exempt solvents is RACT for the applicable process lines at Forest City 
Technologies and is approving that limit, as contained in the June 23, 
2020, operating permit issued by Ohio, into the Ohio SIP. EPA finds 
that the source-specific VOC RACT limits are consistent with the 
requirements of 110(l) of the CAA because the source-specific limits 
were incorporated through Ohio EPA's existing SIP mechanism, which is 
outlined at OAC 3745-21-28(c)(4). This revision is not a relaxation to 
the SIP and therefore will not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the CAA. EPA also finds that the 
testing, reporting, and recordkeeping requirements for Forest City 
Technologies contained in the June 23, 2020, operating permit are 
approvable into the Ohio SIP.

III. What action is EPA taking?

    EPA is proposing to approve the addition of paragraphs C.1.b)(1)e., 
C.1.d)(3), C.1.e)(1)c., C.1.f)(1)d., C.2.b)(1)e., C.2.d)(4), 
C.2.e)(3)b., and C.2.f)(1)d. as listed in the June 23, 2020, operating 
permit for Forest City Technologies into Ohio's SIP.

[[Page 54998]]

IV. 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 certain provisions of the Ohio Division of Air Pollution 
Control Permit-to-Install and Operate for Forest City Technologies 
Plant 4, effective June 23, 2020, as described in Section III. of this 
preamble. 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), 13563 (76 FR 3821, January 21, 2011), and 
14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    OEPA did not evaluate environmental justice considerations as part 
of its SIP submittal; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this action. Consideration of EJ 
is not required as part of this action, and there is no information in 
the record inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.

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 8, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-17337 Filed 8-11-23; 8:45 am]
BILLING CODE 6560-50-P