[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Proposed Rules]
[Pages 41925-41930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16484]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0352; EPA-R05-OAR-2023-0093; FRL-9995-01-R5]
Air Plan Approval; Ohio; 2015 Ozone Moderate Reasonably Available
Control Technology SIP
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 Administrative Code (OAC) Chapters 3745-21
and 3745-110 into the Ohio State Implementation Plan (SIP). The Ohio
Environmental Protection Agency (``Ohio'' or ``Ohio EPA'') submitted
these revisions on March 30, 2022, and supplemented the submittal on
February 1, 2023, and August 28, 2023. EPA is proposing to approve
parts of OAC Chapters 3745-21
[[Page 41926]]
and 3745-110 as satisfying some of the Moderate Volatile Organic
Compound (VOC) Reasonably Available Control Technology (RACT) and
Nitrogen Oxide (NOx) RACT requirements for the Cleveland, OH
nonattainment area (Cuyahoga, Geauga, Lake, Lorain, Medina, Portage,
and Summit counties) under the 2015 ozone National Ambient Air Quality
Standard (``NAAQS'' or ``standard''). Finally, EPA is proposing to
approve OAC rule 3745-15-03, submitted by Ohio on February 9, 2023, and
supplemented on December 1, 2023, and December 30, 2024.
DATES: Comments must be received on or before September 29, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0352 and EPA-R05-OAR-2023-0093 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 to EPA's docket at https://www.regulations.gov 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: Katie Mullen, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490,
[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 EPA proposing?
EPA is proposing to approve parts of OAC Chapters 3745-21 and 3745-
110 as satisfying some of the Moderate VOC RACT requirements of
182(b)(2) and NOX RACT requirements of 182(f) of the Clean
Air Act (CAA), respectively, for the Cleveland, OH nonattainment area
under the 2015 ozone standard. EPA is also proposing to approve OAC
3745-21-11 and 3745-110-03(J) as SIP strengthening measures for the
Cleveland nonattainment area. EPA is proposing to approve OAC Chapter
3745-21 and 3745-110-03(J) as SIP strengthening for Ashtabula County
and the Ohio portion of the Cincinnati, OH-KY maintenance area (Butler,
Clermont, Hamilton, and Warren counties) under the 2015 ozone standard.
Ohio submitted these SIP revisions to the EPA on March 30, 2022, and
supplemented the submittal on February 1, 2023, and August 28, 2023.
Finally, EPA is proposing to approve OAC rule 3745-15-03, submitted as
part of Ohio's SIP revision on February 9, 2023, and supplemented on
December 1, 2023, and December 30, 2024.
II. What is the background for this action?
VOCs and NOX contribute to the production of ground-
level ozone, or smog, which harms human health and the environment. EPA
defines RACT as the lowest emission limit that a particular source is
capable of meeting by the application of control technology that is
reasonably available considering technological and economic
feasibility. Sections 182(b)(2) and 182(f) of the CAA require States to
implement RACT in ozone nonattainment areas classified as Moderate (and
higher). Specifically, these areas are required to implement RACT for
all major sources of VOC and NOX and for all VOC sources
covered by a Control Techniques Guideline (CTG). A CTG provides
recommendations to inform State, local, and tribal air agencies as to
what constitutes RACT for categories of VOC sources. Air agencies can
use the recommendations in the CTG to inform their own determination as
to what constitutes RACT. If there are no sources covered by a certain
CTG within a nonattainment area, a State may submit a negative
declaration in place of regulatory requirements to apply RACT for that
category of sources.
EPA's SIP Requirements Rule for the 2008 ozone NAAQS indicates that
States may meet RACT through the establishment of new or more stringent
requirements that meet RACT control levels, through a certification
that previously adopted RACT controls for a prior ozone NAAQS continue
to represent adequate RACT control levels for the 2008 ozone NAAQS, or
with a combination of these two approaches. See 80 FR 12264, 12278-79
(March 6, 2015). As previously stated, a State may submit a negative
declaration in instances where there are no sources covered by a
particular CTG. EPA's SIP Requirements Rule for the 2015 ozone NAAQS
retains the existing general 2008 RACT requirements for purposes of the
2015 ozone NAAQS. See 83 FR 63007 (December 6, 2018).
On June 4, 2018 (83 FR 25776), EPA designated the Cleveland, OH
nonattainment area and the Ohio portion of the Cincinnati, OH-KY
nonattainment area as Marginal nonattainment areas for the 2015 ozone
NAAQS. The Cleveland, OH nonattainment area consists of Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage, and Summit counties. The Ohio
portion of the Cincinnati, OH-KY nonattainment area consists of Butler,
Clermont, Hamilton, and Warren counties. EPA also designated Ashtabula
County as attainment/unclassifiable for the 2015 ozone NAAQS.\1\ On
April 13, 2022 (87 FR 21849), pursuant to section 181(b)(2) of the CAA,
EPA proposed to determine that the Cleveland, OH nonattainment area
failed to attain the 2015 ozone NAAQS by the August 3, 2021, Marginal
area attainment deadline and thus proposed to reclassify the area from
Marginal to Moderate nonattainment. In that action, EPA proposed to
establish January 1, 2023, as the due date for the State to submit all
Moderate area nonattainment plan SIP requirements applicable to newly
reclassified areas. The Ohio portion of the Cincinnati OH-KY 2015 ozone
nonattainment area attained the 2015 ozone standard based on the 2019-
2021 design value, and the area was redesignated to attainment
effective June 9, 2022 (87 FR 35104). This action addresses the
Moderate area VOC and NOX RACT SIP submissions for the
Cleveland nonattainment area under the 2015 ozone standard. Also, this
action addresses VOC SIP strengthening measures for Ashtabula County
and the Ohio portion of the
[[Page 41927]]
Cincinnati maintenance area under the 2015 ozone standard.
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\1\ While Ashtabula County was designated as attainment/
unclassifiable under the 2015 ozone NAAQS, it was designated
nonattainment as part of the Cleveland area under previous ozone
standards. Approval of revisions to OAC 3745-21 will not relax VOC
RACT provisions applicable to Ashtabula County under previous ozone
standards.
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III. What is EPA's evaluation of Ohio's VOC and NOX RACT
submittal?
EPA has previously determined that Chapter 3745-21 VOC regulations
have met RACT for requirements associated with past ozone NAAQS and
incorporated them into the Ohio SIP. See actions dated September 8,
2017 (82 FR 42451), September 30, 2020 (85 FR 68758), and March 23,
1995 (60 FR 15235). For certain source categories, Ohio is certifying
the previously adopted RACT regulations and controls contained in OAC
Chapter 3745-21 for VOCs continue to satisfy RACT requirements under
the 2015 ozone NAAQS. Ohio has also adopted new or more stringent RACT
regulations in OAC Chapter 3745-21 for VOCs and in OAC Chapter 3745-110
for NOX. The revisions to OAC Chapter 3745-21 VOC
regulations apply to both the Cleveland, OH nonattainment area and the
Ohio portion of the Cincinnati OH-KY maintenance area under the 2015
ozone NAAQS, and to Ashtabula County. The new OAC Chapter 3745-110
NOX regulations apply only to the Cleveland, OH 2015 ozone
nonattainment area.
A. Certifying Existing Sections of OAC Chapter 3745-21 as VOC RACT for
Cleveland
EPA approved OAC Chapter 3745-21 into Ohio's SIP under previous
ozone standards. EPA performed a RACT due diligence analysis which can
be found in the technical support document (TSD) \2\ and is described
in detail in section III, subsection H of this preamble. EPA has not
identified any new control technologies that are reasonably available
considering technological and economic feasibility for these sources
since our last approval, and therefore EPA is proposing to determine
that the controls for the CTG categories below still represent RACT for
implementing the 2015 ozone standard in the Cleveland, OH nonattainment
area. Also, EPA is also proposing to determine that the rules below are
newly approved as SIP strengthening for Ashtabula County and the
Cincinnati 2015 ozone NAAQS maintenance area:
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\2\ Available in the docket for this action.
OAC 3745-21-09(D) for cans; (E) for coils; (F) for paper; (G)
for fabrics; (H) vinyl; (C) for automobiles and light-duty trucks,
Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-
duty trucks
OAC 3745-21-09(F)(2), Paper, Film and Foil Coatings
OAC 3745-21-09(I), Surface Coating of Metal Furniture
OAC 3745-21-09(I)(4), Surface Coating of Metal Furniture
OAC 3745-21-09(J), Surface Coating of Insulation of Magnet
Wire
OAC 3745-21-09(K), Surface Coating of Large Appliances
OAC 3745-21-09(K)(6), Surface Coating of Large Appliances
OAC 3745-21-09(L), Storage of Petroleum Liquids in Fixed-Roof
Tanks
OAC 3745-21-09(M), Refinery Vacuum Producing Systems,
Wastewater Separators, and Process Unit Turnarounds
OAC 3745-21-09(N), Use of Cutback Asphalt
OAC 3745-21-09(O)(2)(a) to (O)(2)(d), (O)(3) to (O)(6),
Solvent Metal Cleaning
OAC 3745-21-09(P), Bulk Gasoline Plants
OAC 3745-21-09(Q), Tank Truck Gasoline Loading Terminals
OAC 3745-21-09(R), Stage I Vapor Control Systems
OAC 3745-21-09(T), Leaks from Petroleum Refinery Equipment
OAC 3745-21-09(V), Leaks from Gasoline Tank Trucks and Vapor
Collection
OAC 3745-21-09(W), Manufacture of Synthesized Pharmaceutical
Products
OAC 3745-21-09(X), Manufacture of Pneumatic Rubber Tires
OAC 3745-21-09(Y), Graphic Arts-Rotogravure and Flexography
OAC 3745-21-09(Y)(4), Flexographic, Packaging Rotogravure and
Publication Rotogravure Printing Lines
OAC 3745-21-09(Z), Petroleum Liquid Storage in External
Floating Roof Tanks
OAC 3745-21-09(AA), Perchloroethylene Dry Cleaning Systems
OAC 3745-21-09(BB), Large Petroleum Dry Cleaners
OAC 3745-21-09(DD), Leaks from Synthetic Organic Chemical
Polymer and Resin Manufacturing Equipment
OAC 3745-21-09(EE), Air Oxidation Processes in Synthetic
Organic Chemical Manufacturing Industry
OAC 3745-21-13, Reactor Processes and Distillation Operations
in Synthetic Organic Chemical Manufacturing Industry
OAC 3745-21-15, Wood Furniture Manufacturing Operations
OAC 3745-21-19, Control of Volatile Organic Compound Emissions
from Aerospace Manufacturing and Rework Facilities
OAC 3745-21-20, Control of Volatile Organic Emissions from
Shipbuilding and Ship Repair Operations (Marine Coatings)
OAC 3745-21-21, Storage of Volatile Organic Liquids in Fixed
Roof Tanks and External Floating Roof Tanks
OAC 3745-21-22, Control of Volatile Organic Compound Emissions
from Offset Lithographic Printing and Letterpress Printing Facilities
OAC 3745-21-23, Control of Volatile Organic Compound Emissions
from Industrial Solvent Cleaning Operations
OAC 3745-21-24, Flat Wood Paneling Coatings
OAC 3745-21-26, Surface Coating of Miscellaneous Metal and
Plastic Parts
OAC 3745-21-27, Boat Manufacturing
OAC 3745-21-28, Miscellaneous Industrial Adhesives and
Sealants
OAC 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
B. Minor Revisions to Existing VOC RACT Regulations in OAC Chapter
3745-21
Ohio's SIP submittal included minor revisions to OAC Chapter 3745-
21 for clarification and agency and State formatting protocols. The
minor revisions are included in the following sections: 3745-21-01,
3745-21-04, 3745-21-07, 3745-21-09, 3745-21-10, 3745-21-15, and 3745-
21-18. EPA is proposing to approve the minor revisions to OAC Chapter
3745-21 because the revisions are non-substantive minor edits that do
not alter the meaning or legal effect of these rules.
C. Permits for Two Sources Within the Categories Covered by the Oil and
Natural Gas Industry CTG in the Cleveland, OH Nonattainment Area
Ohio identified only two sources that fall into the categories
covered by the 2016 CTG for the Oil and Natural Gas Industry located in
the Cleveland, OH nonattainment area. Rather than adopt categorical
rules for sources falling into categories covered by the 2016 oil and
gas CTG, Ohio requested that EPA approve specific portions of source
specific federally enforceable permits for these two facilities--Wylie
Compressor Station and Smallwood facility--for incorporation into the
Ohio SIP. EPA is proposing to approve these specific portions of these
permits for incorporation into the SIP to fulfill RACT requirements for
the Cleveland
[[Page 41928]]
nonattainment area for the category of sources covered by the Oil and
Gas CTG.
The Wylie Compressor Station is a portable reciprocating natural
gas compressor driven by a 68 hp natural gas fired compressor engine,
emissions unit (EU) P001. EPA is proposing to approve sections
C.1.b)(1)e., C.1.b)(2)a., C.1.c)(2), C.1.d)(2) and C.1.e)(4) of the
Wylie Compressor Station construction permit for incorporation into the
SIP as satisfying the Moderate area RACT requirement resulting from the
2016 Oil and Natural Gas CTG in the Cleveland, OH Nonattainment area
under the 2015 ozone standard. Please see more details on these
sections below:
C.1.b)(1)e--references that the control requirements
located in C.1.c)(2) apply to reciprocating compressors located between
the wellhead and point of custody transfer to the natural gas
transmission and storage segment. Also, this section references that
additional terms and conditions related to RACT can be found in
C.1.b)(2)a.
C.1.b)(2)a.--Because the compressor is portable, language
has been added to clarify that the requirements only apply when the EU
is installed and operating in a Moderate nonattainment area for the
2015 ozone NAAQS.
C.1.c)(2) contains operational restrictions to reduce VOC
emissions by replacing reciprocating compressor rod packing on or
before 26,000 hours of operation or every 36 months. EPA proposes to
determine that these operational restrictions are RACT levels of
control. See EPA's TSD and subsection H of section III of this preamble
for more information on EPA's analysis.
C.1.d)(2) contains the monitoring and recordkeeping
requirements for this EU and C.1.e)(4) contains requirements for
submitting annual reports for this EU.
The Smallwood facility is a portable reciprocating natural gas
compressor driven by a 145 hp natural gas fired engine, EU P001. EPA is
proposing to approve sections C.1.b)(1)e., C.1.b)(2)b., C.1.c)(3),
C.1.d)(7) and C.1.e)(5) of the Smallwood facility construction permit
for incorporation into the SIP as satisfying the Moderate area RACT
requirement resulting from the 2016 Oil and Natural Gas CTG in the
Cleveland, OH Nonattainment area under the 2015 ozone standard. Please
see more details on these sections below:
C.1.b)(1)e--references that the control requirements
located in C.1.c)(3) apply to reciprocating compressors located between
the wellhead and point of custody transfer to the natural gas
transmission and storage segment. Also, this section references that
additional terms and conditions related to RACT can be found in
C.1.b)(2)b.
C.1.b)(2)b.--Because the compressor is portable, language
has been added to clarify that the requirements only apply when the EU
is installed and operating in a Moderate nonattainment area for the
2015 ozone NAAQS.
C.1.c)(3) contains operational restrictions to reduce VOC
emissions by replacing reciprocating compressor rod packing on or
before 26,000 hours of operation or 36 months. EPA proposes to
determine that these operational restrictions are RACT levels of
control. See EPA's TSD and subsection H of section III of this preamble
for more information on EPA's analysis.
C.1.d)(7) contains the monitoring and recordkeeping
requirements for this EU and C.1.e)(5) contains requirements for
submitting annual reports for this EU.
D. Negative Declarations
Ohio provided Negative Declarations for the following CTG
categories: ``Manufacturing of High-Density Polyethylene and
Polypropylene Resin'' and ``VOC Equipment Leaks from Natural Gas/
Gasoline Processing Plants.'' Ohio performed searches for facilities
meeting each of these CTG categories in the Cleveland, OH nonattainment
area for the 2015 ozone standard. Ohio determined that there are no
sources subject to either of these CTGs in the Cleveland, OH
nonattainment area.
E. Non-CTG VOC Major Source RACT
Major non-CTG VOC sources, which are subject to RACT, are
stationary sources that have the potential to emit (PTE) at least 100
TPY of VOCs in Moderate ozone nonattainment areas and are not covered
by the applicability criteria in the CTGs. Many major non-CTG VOC
sources located in the ozone nonattainment area are subject to
categorical RACT rules. Currently, Ohio's VOC RACT rules establish non-
CTG RACT for the following five source categories. These rules were
developed based upon the EPA's Alternative Control Techniques (ACT)
documents or Maximum Available Control Technology (MACT) standards:
OAC 3745-21-12, Control of Volatile Organic Compound Emissions
from Commercial Bakery Oven Facilities
OAC 3745-21-14, Control of Volatile Organic Compound Emissions
from Process Vents in Batch Operations
OAC 3745-21-16, Control of Volatile Organic Compound Emissions
from Industrial Wastewater
OAC 3745-21-21, Storage of Volatile Organic Liquids in Fixed
Roof Tanks and External Floating Roof Tanks
OAC 3745-21-25, Control of Volatile Organic Compound Emissions
from Reinforced Plastic Composites Production Operations
In EPA's due diligence analysis, which can be found in the TSD, EPA
compares Ohio's non-CTG categorical RACT rules to other relevant State
rules and ACTs. EPA found Ohio's rules to be consistent with similar
non-CTG categorical rules adopted by other States and with the relevant
ACTs. EPA has not identified any new control technologies that are
reasonably available considering technological and economic feasibility
for these sources. As a result of EPA's due diligence analysis, EPA is
proposing to determine that these non-CTG VOC RACT regulations are
still representative of RACT for the Cleveland, OH nonattainment area
for purposes of the 2015 ozone standard. See more about the due
diligence process in section III, subsection H of this preamble.
F. OAC 3745-21-11 and 3745-110-03(J) VOC and NOX RACT Studies for Non-
CTG Sources
OAC rules 3745-21-11 and 3745-110-03(J) require VOC and
NOX major non-CTG sources that are not regulated under other
Ohio RACT rules to submit RACT studies within one year of the effective
date of Ohio's rule. Ohio will then submit the source specific RACT
plans with enforceable measures to EPA for review and approval into the
Ohio SIP. Because these rules do not establish any control standards
for these sources, they do not establish RACT level controls, as
required, for these sources. Therefore, Ohio has not yet established
all RACT level controls as required across the Cleveland, OH
nonattainment area. However, EPA is proposing to approve OAC rules
3745-21-11 and 3745-110-03(J) as SIP strengthening for the Cleveland,
OH nonattainment area, Ashtabula County, and for the Ohio portion of
the Cincinnati, OH-KY maintenance areas under the 2015 ozone standard.
If Ohio later submits specific RACT plans for individual sources as SIP
revisions, EPA will evaluate those SIP submissions to determine whether
they comprise RACT-level controls for the relevant sources.
G. OAC 3745-110
OAC 3745-110 has not been previously submitted or approved into
[[Page 41929]]
Ohio's SIP. On December 11, 2007, Ohio promulgated NOX RACT
emission standards for various sizes of boilers, stationary combustion
turbines, and stationary internal combustion engines, which are
contained in OAC Chapter 3745-110. NOX RACT emission
standards for reheat furnaces were later promulgated on July 18, 2013.
Ohio EPA evaluated other States' recent RACT regulations and
analyzed emissions and operational profiles of combustion units at
major source facilities in Ohio to determine RACT requirements for
these categories. These regulations establish NOX RACT for
very large, large, mid-size, and small boilers, stationary combustion
turbines, stationary internal combustion engines, and reheat furnaces.
EPA is proposing to approve the following sections of OAC Chapter 3745-
110 as meeting the NOX RACT requirement for the Cleveland
nonattainment area under the 2015 ozone standard into the Ohio SIP:
3745-110-01, 3745-110-02, 3745-110-03 except paragraph J, 3745-110-04,
and 3745-110-05. In EPA's due diligence analysis, EPA compares Ohio's
NOX RACT rules to other relevant State rules and ACTs. EPA
found Ohio's rules to be in some cases more stringent than other
States' NOX RACT rules and consistent with the ACTs. EPA has
not identified any new control technologies that are reasonably
available considering technological and economic feasibility for these
sources. See EPA's TSD and section III, subsection H of this preamble
for more information on EPA's due diligence analysis.
H. RACT Due Diligence
As part of its March 30, 2022, submittal, Ohio certified that the
RACT requirements for CTG and non-CTG VOC and NOX sources in
the Cleveland 2015 ozone Moderate nonattainment area have been
fulfilled. Ohio conducted its RACT analysis for VOC and NOX
by: (1) Identifying all categories of CTG and major non-CTG sources of
VOC and NOX emissions within the Cleveland nonattainment
area; (2) Listing the Ohio State regulation that implements or exceeds
RACT requirements for that CTG or non-CTG category; and (3) Submitting
negative declarations when there are no CTG applicable sources within
the Cleveland area.
EPA performed a due diligence analysis to validate Ohio's VOC and
NOX RACT submittal for the Cleveland nonattainment area
under the 2015 ozone standard. In EPA's TSD (available in the docket),
EPA details the basis for concluding that Ohio's regulations fulfill
RACT through comparison with RACT rules developed by other States, CTG
guidance documents and applicable ACT documents. EPA evaluated the
relevant RACT rules in various States including Region 5 States
(Illinois, Michigan, Indiana, Wisconsin) and States in Regions 1, 2, 6,
8, and 9 (Maine, Vermont, California, Colorado, Texas, Arizona, New
Jersey, Connecticut, and New York). EPA found Ohio's rules to be
generally consistent with or more stringent than control measures in
other States' regulations, CTGs, and ACTs. EPA has not identified any
new control technologies that are reasonably available considering
technological and economic feasibility for these sources. Based upon
our findings, EPA proposes to determine that Ohio's rules continue to
represent RACT.
EPA is also proposing to approve Ohio's VOC and NOX RACT
regulations as SIP strengthening for the Cincinnati 2015 ozone NAAQS
maintenance area and Ashtabula County.
I. OAC Rule 3745-15-03 Submission of Emission Information
EPA is also proposing to approve OAC rule 3745-15-03, which sets
forth reporting requirements for sources in Ohio through the
construction permit program. OAC rule 3745-15-03 applies to all VOC and
NOX sources subject to RACT that are covered by this
proposed rule, and therefore ensures that these sources are subject to
periodic reporting requirements. Approval of this rule is consistent
with the requirements of CAA section 110(l) because it strengthens
Ohio's SIP by providing for enforceability of the RACT requirements.
IV. What action is EPA taking?
EPA is proposing to approve parts of OAC Chapters 3745-21 as
satisfying some of the Moderate VOC RACT requirements of 182(b)(2) of
the CAA for the Cleveland, OH nonattainment area under the 2015 ozone
standard. EPA is also proposing to approve parts of OAC Chapter 3745-
110 as satisfying some of the Moderate NOX RACT requirements
of 182(f) of the CAA for the Cleveland, OH nonattainment area under the
2015 ozone standard. EPA is also proposing to approve OAC 3745-21-11
and 3745-110-03(J) as SIP strengthening measures for the Cleveland, OH
nonattainment area under the 2015 ozone standard. EPA is proposing to
approve OAC Chapter 3745-21 and 3745-110-03(J) as SIP strengthening for
Ashtabula County and the Ohio portion of the Cincinnati, OH-KY
maintenance area under the 2015 ozone standard. Ohio submitted these
SIP revisions to the EPA on March 30, 2022, and supplemented the
submittal on February 1, 2023, and August 28, 2023. Finally, EPA is
proposing to approve OAC rule 3745-15-03, submitted as part of Ohio's
SIP revision on February 9, 2023, and supplemented on December 1, 2023
and December 30, 2024.
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 Ohio Administrative Code Chapters 3745-21, effective on March
27, 2022, and 3745-110, effective on March 25, 2022, sections
C.1.b)(1)e., C.1.b)(2)a., C.1.c)(2), C.1.d)(2) and C.1.e)(4) of the
Wylie Compressor Station construction permit and sections C.1.b)(1)e.,
C.1.b)(2)b., C.1.c)(3), C.1.d)(7) and C.1.e)(5) of the Smallwood
facility construction permit, 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).
VI. 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 Order 12866 (58
FR 51735, October 4, 1993);
Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review 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
[[Page 41930]]
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 Clean Air Act.
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 rulemaking 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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: August 18, 2025.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2025-16484 Filed 8-27-25; 8:45 am]
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