[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
compher.michael@epa.gov. 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,
maietta.anthony@epa.gov. 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
[[Page 44256]]
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;
[[Page 44258]]
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]
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