[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,
maietta.anthony@epa.gov.
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:
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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
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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.
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(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
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* * * * * * *
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]
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