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[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Proposed Rules]
[Pages 4835-4838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1771]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0036; FRL-9258-8]

Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Volatile Organic Compound Reinforced Plastics Composites 
Production Operations Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a new rule for the control of 
volatile organic compound (VOC) emissions from reinforced plastic 
composites production operations to Ohio's State Implementation plan 
(SIP). This rule applies to any facility that has reinforced plastic 
composites production operations. This rule is approvable because it 
satisfies the requirements for reasonably available control technology 
(RACT) under the Clean Air Act (CAA).

DATES: Comments must be received on or before February 28, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0036, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: mooney.john@epa.gov.
     Fax: (312) 692-2511.
     Mail: John Mooney, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John Mooney, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of

[[Page 4836]]

business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0036. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov website 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment.
    If you send an e-mail comment directly to EPA without going through 
http://www.regulations.gov your e-mail address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the Internet. If you submit an 
electronic comment, EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses. For additional instructions on submitting comments, go to 
Section I of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy.
    Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy 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 
legal holidays. We recommend that you telephone Steven Rosenthal, 
Environmental Engineer, at (312) 886-6052 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
Rosenthal.steven@epa.gov.

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 should I consider as I prepare my comments for EPA?
II. What action is EPA taking today and what is the purpose of this 
action?
III. What is EPA's analysis of Ohio's reinforced plastics composites 
rule?
IV. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What action is EPA taking today and what is the purpose of this 
action?

    EPA is proposing to approve into Ohio's SIP new rule OAC 3745-21-25 
``Control of VOC Emissions from Reinforced Plastic Composites 
Production Operations.'' This rule was submitted by the Ohio EPA to EPA 
on November 10, 2010, and contains requirements that satisfy RACT 
standards for VOC emissions from reinforced plastic composites 
production operations. This rule is needed to establish VOC RACT 
requirements for such operations to replace the requirements contained 
in OAC rule 3745-21-07 (Control of emissions of organic materials from 
stationary sources) because 3745-21-07 has been revised by Ohio, and 
the revised rule (which is the subject of a separate Federal Register 
action) excludes reinforced plastic composites production operations.

III. What is EPA's analysis of Ohio's reinforced plastics composites 
rule?

    As discussed below, this rule satisfies RACT requirements and is 
consistent with the CAA and EPA regulations. A general discussion of 
the main elements of OAC 3745-21-25 (Control of VOC emissions from 
reinforced plastic composites production operations) follows:
    3745-21-25(A) Applicability
    (A)(1)--This rule applies to any facility that has reinforced 
plastic composites production operations, except as otherwise provided 
in paragraph (A)(2).
    (A)(2)--This paragraph exempts any facility in which potential VOC 
emissions from all reinforced plastic composites production operations 
combined is 10.0 tons per year or less and requires that up-to-date 
records be kept of the potential to emit VOC from all reinforced 
plastic composites production operations. However, consistent with 
EPA's once in/always in policy, this exclusion is not available for any 
facility that has, or once had, a potential to emit for VOC equal to or 
greater than 10.0 tons per year for all reinforced plastic composites 
production operations combined on or after December 14, 2010 (12 months 
from the effective date of an earlier version of this rule).
    (A)(3)--Upon achieving compliance with this rule, the reinforced 
plastic composites production operations at the facility are not 
required to meet the requirements of 3745-21-07, which is Ohio's 
general rule for the control of organic materials from stationary 
sources that are not controlled by another specific VOC RACT rule. This 
exemption from 3745-21-07 is appropriate because 3745-21-25 contains 
VOC RACT requirements specific to reinforced plastic composites 
production operations, whereas 3745-21-07 is a general rule that covers 
a number of source categories.
    However, the applicability cutoff of 3745-21-07 is 8 lbs/hour or 40 
pounds/day as compared to a 25 tons VOC/year cutoff for the control 
requirements of 3745-21-25 for sheet molding compound (SMC) 
manufacturing operations. The main purpose of this

[[Page 4837]]

rule is the control of such SMC operations because SMC machines were 
previously covered by 3745-21-07. Ohio EPA submitted a October 25, 
2010, demonstration under section 110(l) of the CAA that the less 
stringent applicability cutoff in 3745-21-25 does not interfere with 
attainment of the National Ambient Air Quality Standards, nor interfere 
with any other requirement of the CAA. Ohio documented that the worst 
case maximum theoretical increase in uncontrolled emissions is 159 tons 
of VOC/year, but that the actual emission increase from this change in 
applicability cutoffs would be 7.1 tons of VOC/year.
    In December, 2007, Ohio EPA promulgated rules in OAC Chapter 3745-
110, ``NOX RACT.'' These rules addressed the control of 
emissions of oxides of nitrogen (NOX) from stationary 
sources such as boilers, combustion turbines, and stationary internal 
combustion engines. The rules were made applicable as an attainment 
strategy in the Cleveland-Akron-Lorain ozone moderate nonattainment 
area. On September 15, 2009, EPA redesignated the Cleveland-Akron-
Lorain metropolitan area as attainment for the 1997 8-hour ozone NAAQS. 
At the same time, EPA approved a waiver, for this area, from the 
NOX RACT requirements of section 182(f) of the CAA. Ohio's 
NOX RACT rules are, therefore, surplus and can be used to 
offset any increase in emissions from SMC machines in Ohio. Ohio 
obtained 538 tons NOX/year actual (and surplus) emission 
reductions from the Arcelor-Mittal facility as a result of the 
installation of low NOX burners in its three reheat 
furnaces. The requirement for these low NOX burners is 
permanent and enforceable because they are needed to comply with OAC 
3745-110, Ohio's NOX RACT rule. In the Cleveland-Akron-
Lorain area, the ratio of NOX emissions to VOC emissions is 
approximately 1.36 pounds NOx/pound VOC. Applying this factor, the VOC 
offset potential for the Arcelor-Mittal facility NOX 
reductions is 396 tons VOC/year.
    3745-21-25(B) Definitions--The definitions applicable to this rule 
are contained in paragraph (GG) of (OAC) Rule 3745-21-01. These 
definitions clearly and adequately define those terms which are needed 
to understand, and implement, the requirements contained in this rule.
    3245-21-25(C) Affected operations--This section lists those 
reinforced plastic composites production operations subject to this 
rule such as open molding; compression/injection molding; and 
centrifugal casting. All of the appropriate affected operations are 
listed in this section. Of particular note are SMC manufacturing 
operations, a source category for which there are a number of sources 
previously covered by 3745-21-07. The main pollutant from reinforced 
plastic composites manufacturing operations is styrene, which is both a 
VOC and a hazardous air pollutant. Except for SMC machines, the other 
reinforced plastic composites manufacturing operations are adequately 
controlled by the National Emission Standards for Hazardous Air 
Pollutants: Reinforced Plastic Composites Production. (40 CFR part 63 
subpart WWWW)
    3245-21-25(D) VOC Control requirements--All affected operations 
must meet the work practice standards in Table 1 of this rule. If the 
combination of all reinforced plastic composites operations at a 
facility emits less than 100 tons of VOC per year, then the affected 
operations must meet the emission limits in Table 2 of this rule. If 
the combination of all reinforced plastic composites operations at a 
facility emits 100 tons or more of VOC per year, then the affected 
operations must reduce the total VOC emissions from these operations by 
at least 95 percent or, as an alternative, meet the VOC emission limits 
in Table 3 of this rule. Also, any SMC machine with uncontrolled VOC 
emissions of 25.0 tons or more per rolling 12-month period must be 
controlled by a VOC emission control system that reduces the VOC 
emissions from the SMC manufacturing machine by at least 95 percent. A 
provision of the rule allows for a site-specific alternative 
requirement if approved by EPA. These control requirements and 
applicability cutoffs are consistent with RACT.
    3745-21-25(E) Emission factor determination--This section provides 
acceptable procedures for determining emission factors to determine 
compliance with certain VOC emission limits in table 2 and table 3 of 
this rule and to calculate VOC emissions. Emission factors approved by 
EPA, such as the emission factors in AP-42, may be used in lieu of a 
stack test. However, if a stack test is used the stack test results 
would supersede any published emission factors. In order to determine 
the monomer content of resins and gel coats, information provided by 
the material manufacturer, such as manufacturer's formulation data and 
material safety data sheets, may be relied upon unless contradicted by 
actual measurement results.
    3745-21-25(F) Calculation of facility's VOC emission threshold--
This section establishes the procedures, including use of a calculated 
emission factor and conducting performance testing, for calculating the 
facility's VOC emissions threshold in tons per year for purposes of 
determining which requirements apply under paragraph (D) of this rule.
    3745-21-25(G)-(I)--These paragraphs provide acceptable options for 
meeting the VOC emissions limits for open molding and centrifugal 
casting operations, continuous lamination/casting operations, and 
pultrusion operations.
    3745-21-25(J)-(K)--These paragraphs apply to wet out area(s) and 
oven(s) for continuous lamination/casting operations. Paragraph (J) 
provides an acceptable method for calculating the annual uncontrolled 
and controlled VOC emissions from these operations, and paragraph (K) 
provides an acceptable method for determining the capture efficiency of 
the enclosure of the wet-out area and the capture efficiency of 
ovens(s) from these operations.
    3745-21-25(L)-(N)--These paragraphs provide acceptable procedures 
for calculating how much gel coat and resin is applied to the line and 
also for calculation of the percent reduction and a VOC emission factor 
to demonstrate compliance for continuous lamination/casting operations.
    3745-21-25(O) Demonstration of Continuous compliance--This 
paragraph provides acceptable methods for establishing continuing 
compliance with each VOC control requirement in paragraph (D) of this 
rule that applies to the affected operations.
    3745-21-25(P) Recordkeeping requirements--This paragraph 
establishes sufficient recordkeeping requirements to determine a 
facility's applicability and compliance status including all data, 
assumptions, and calculations used to determine monomer contents and 
VOC emission factors. There are also specific recordkeeping 
requirements for SMC manufacturing machines in paragraph (P)(2).
    3745-21-25(Q) Reporting requirements--Semiannual compliance status 
reports are required for any reinforced plastic composites production 
operations subject to this rule. These compliance status reports must 
state that there were no deviations from VOC emission limitations, 
operating limits, or work practice standards during the reporting 
period. If such a deviation does occur, then detailed information is 
required on the deviation(s).

[[Page 4838]]

    3745-21-25(R) Compliance dates--This paragraph requires affected 
operations for which installation commenced before December 14, 2009 
(the effective date of an earlier version of this rule) to comply with 
the requirements of this rule by 12 months from December 14, 2009. Any 
affected operation for which installation commenced after December 14, 
2009, must comply upon initial startup of the affected operation. These 
are reasonable compliance dates.

IV. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 14, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-1771 Filed 1-26-11; 8:45 am]
BILLING CODE 6560-50-P
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