[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Proposed Rules]
[Pages 58099-58101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15572]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2023-0318; FRL-11926-01-R5]


Air Plan Approval; Ohio; Greif Packaging LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve under the Clean Air Act (CAA), a State Implementation Plan 
(SIP) revision to the sulfur dioxide (SO2) regulations under 
Chapter 3745-18 of the Ohio Administrative Code (OAC). Ohio submitted 
the request to EPA on June 8, 2023. The revision removes SO2 
emissions limitations for fuel burning equipment at the Greif 
Packaging, LLC facility located at 9420 Warmington Rd. SW in Massillon, 
Ohio (Greif facility). The units that were subject to these

[[Page 58100]]

limits have been permanently shut down.

DATES: Comments must be received on or before August 16, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0318 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 the docket. EPA may publish 
any comment received to its public docket. Do not submit electronically 
any information you consider to be Confidential Business Information 
(CBI), Proprietary Business Information (PBI), 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, PBI, or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tyler Salamasick, Air and Radiation 
Division (AR18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6206, 
[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.

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

I. What is the background for these actions?

    On August 27, 1976, EPA promulgated an SO2 Federal 
Implementation Plan (FIP), specifying SO2 emission limits 
for fuel-burning equipment at the Greif facility (40 CFR 
52.1881(a)(27)(v)). On December 28, 1979, the Ohio Environmental 
Protection Agency (Ohio EPA) established rules in the OAC to control 
SO2 emissions from fuel-burning equipment. Ohio EPA amended 
OAC Chapter 3745-18-82(F) to align it with the FIP.
    These rules included provisions for limiting SO2 
emissions from the Greif facility under paragraph (F) of OAC rule 3745-
18-82. At that time, the Greif facility operated six boilers (B001 to 
B006), with B005 and B006 having the capability to burn fuel oil in 
addition to natural gas. On March 21, 2008 (56 FR 15083), EPA approved 
rules for Franklin, Stark, and Summit Counties and for one source in 
Sandusky County which replaced the FIP.
    The Greif facility currently has no coal or oil-fired boilers. The 
only remaining boilers are natural gas fired. Since the burning of 
natural gas in fuel burning equipment is exempt from the requirements 
of OAC rule 3745-18 under OAC rule 3745-18-06(A), the remaining boilers 
are not subject to 3745-18-82(F).

II. What is EPA's analysis of Ohio's SIP revision?

    On June 8, 2023, Ohio EPA submitted a revision to Ohio's SIP 
removing SO2 boiler emissions limits for the Greif facility 
contained in paragraph (F) of OAC rule 3745-18-82. EPA requested 
supplemental information clarifying that the removal of paragraph (F) 
did not impact any existing emission units at the facility. The 
original language of paragraph (F) required that any owner or operator 
at 9420 Warmington Rd. SW, Massillon, Ohio shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in 
excess of 0.50 pounds of sulfur dioxide per millions of British thermal 
units actual heat input.
    EPA requested clarification from Ohio EPA to determine that the 
language of ``all stacks'' was either not applicable to stacks other 
than the subject boilers, or to ensure that any existing non-boiler 
emission units had emission limits that are at least as stringent as 
the original limit. On February 21, 2024, Ohio EPA provided 
supplemental information including clarification that no other emission 
units were subject to the rule and that the changes were modeled and 
did not show an adverse impact on the National Ambient Air Quality 
Standards (NAAQS).
    The original FIP identified only a single requirement for Stark 
County, and that was for fossil fuel fired steam generating unit 
boilers. The language uses the term ``any stack'' which is interpreted 
by Ohio to mean stacks for fossil fuel fired steam generating units. In 
2006, Ohio EPA edited OAC rule 3745-18-82 to match the FIP language. 
Ohio EPA carried over the ``any stack'' language to be consistent with 
the original FIP language to indicate that any ``fossil fuel fired 
steam generating units'' at the facility had to abide by that limit.
    The Greif facility currently has no coal/oil fired boilers and two 
natural gas fired boilers. Additionally, the 2010 SO2 
standard would require new permitting and modeling for any new boilers 
and so, if the facility adds a new boiler subject to OAC rule 3745-18, 
Ohio EPA must generate new facility specific limits and language under 
the new, more stringent, standard.
    The Greif facility currently operates a natural gas-fired flare to 
control the emissions of hydrogen sulfide (H2S) from an 
anaerobic digestor. The flare emits SO2. Under CAA section 
110(l), EPA cannot approve a plan revision if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 7501 of this title), 
or any other applicable requirement of this chapter. EPA reviewed Ohio 
EPA's supplemental information, including the supplemental modeling 
demonstration for the flare, and concluded that the proposed rule 
revision is approvable because it clarifies regulatory requirements at 
the Greif facility, does not result in emissions increases, and does 
not interfere with attainment or maintenance of the NAAQS.

III. What action is EPA taking?

    EPA is proposing to approve the removal the emission limits for the 
Greif facility contained in OAC rule 3745-18-82(F) from Ohio's SIP.

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 Ohio rule OAC 3745-18-82(F), effective April 16, 2023, 
discussed 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).

[[Page 58101]]

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 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.''
    The Ohio EPA did not evaluate EJ 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. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
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 EJ 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, Sulfur oxides.

    Dated: July 10, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-15572 Filed 7-16-24; 8:45 am]
BILLING CODE 6560-50-P