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[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Proposed Rules]
[Pages 20598-20602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8951]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0514; FRL-9294-6]

Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Control of Emissions of Organic Materials That Are Not Regulated 
by Volatile Organic Compound Reasonably Available Control Technology 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve, as part of Ohio's State 
Implementation Plan (SIP) under the Clean Air Act (CAA), a revised rule 
3745-21-07, ``Control of emissions of organic materials from stationary 
sources (i.e., emissions that are not regulated by rule 3745-21-09, 
3745-21-12, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the 
Administrative Code).'' This rule has been revised because the prior 
version of 3745-21-07, in Ohio's SIP, has inadequate compliance test 
methods and definitions. The most significant problem with the prior 
version is the definition of ``photochemically reactive material,'' 
which is different than the definition of ``volatile organic 
compounds'' (VOC), upon which EPA's reasonably available control 
technology (RACT) regulations are based. The revised rule is approvable 
because it satisfies the requirements for RACT under the CAA.

DATES: Comments must be received on or before May 13, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0514, 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

[[Page 20599]]

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 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-
2008-0514. 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 Web site 
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 
Federal 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 are the provisions of OAC 3745-21-07 and are they 
approvable?
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--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 revised rule OAC 3745-
21-07, ``Control of emissions of organic materials from stationary 
sources (i.e., emissions that are not regulated by rule 3745-21-09, 
3745-21-12, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the 
Administrative Code).'' This rule was submitted by the Ohio 
Environmental Protection Agency (Ohio EPA) to EPA on April 7, 2008, but 
was not approvable at that time because both sheet molding compound 
(SMC) manufacturing operations and new or modified sources after 
February 18, 2008, were exempted from that version of the rule. 
However, on November 10, 2010, Ohio EPA submitted to EPA a new Rule 
3745-21-25 ``Control of VOC emissions from reinforced plastic 
composites production operations,'' which adequately regulates SMC 
manufacturing operations. Also, on October 25, 2010, Ohio EPA submitted 
a demonstration that the new 3745-21-07 does not violate the 
requirements of Section 110(l) of the CAA by not applying to new or 
modified sources after February 18, 2010. This demonstration is 
discussed in detail in the following section of this document.

III. What are the provisions of OAC 3745-21-07 and are they approvable?

    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 3745-21-07 (Control of emissions of organic 
materials from stationary sources), all of which are approvable, 
follows:
3745-21-07(A) Applicability
    (1)--Reserved.
    (2)--Reserved.
    (3)--This paragraph states that the rule applies to any source or 
operation, for which installation commenced prior to the effective date 
of this rule, and that is specifically identified in tables in 
paragraphs (K) to (N). This rule shall not apply to VOC emissions from 
any such source or operation regulated by the VOC rules 3745-21-09, 
3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-15, 3745-21-16, 
or 3745-21-18. Although this rule does not apply to any sources for 
which installation commenced after the effective date of the rule 
(February 18, 2010) or will commence installation in the future, Ohio 
demonstrated that this will likely not result in an increase in 
emissions. More specifically, Ohio reviewed all permits issued between 
January 2008 and September 2010, and determined that, due to other 
control requirements, no permit would result in an increase in VOC 
emissions due to paragraphs (A)(3) and (A)(5). Furthermore, Ohio also 
demonstrated that sufficient reductions are available from oxides of 
nitrogen

[[Page 20600]]

(NOX) RACT rule reductions to more than offset any potential 
future increase in emissions, thereby satisfying the requirements of 
section 110(l) of the CAA.
    In December 2007, Ohio EPA promulgated rules in OAC chapter 3745-
110, ``NOX RACT.'' These rules addressed the control of 
emissions of NOX from stationary sources such as boilers, 
combustion turbines, and stationary internal combustion engines. The 
rules were submitted as part of the attainment strategy in the 
Cleveland-Akron-Lorain ozone moderate nonattainment area. On September 
15, 2009, EPA redesignated the Cleveland-Akron-Lorain metropolitan area 
to attainment for the 1997 8-hour ozone National Ambient Air Quality 
Standard. At the same time, EPA approved a waiver from the 
NOX RACT requirements of section 182(f) of the CAA for this 
area. Ohio's NOX RACT rules are, therefore, ``surplus'' and 
can be used to offset any potential increase in emissions from any 
future source that would have had more stringent control requirements 
from the older 3745-21-07 that is currently in the SIP. 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 the burner controls 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 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. Even if any reasonably foreseeable source were to be 
constructed that would have been controlled under the prior version of 
3745-21-07 but would be uncontrolled under revised rule 3745-21-07, the 
difference in emissions would be more than compensated by the surplus 
emission reduction at the Arcelor-Mittal facility.
    (4)--This paragraph voids control requirements contained in a 
permit-to-install, permit-by-rule, permit-to-operate, or Title V permit 
if the requirements refer to photochemically reactive materials or the 
need to determine or document materials as being photochemically 
reactive materials or any recordkeeping and reporting requirements 
related to photochemically reactive materials. This paragraph is 
approvable because it is consistent with the main purpose of this rule 
revision, namely to eliminate the definition of photochemically 
reactive material.
    (5)--This paragraph states that the rule does not apply to any 
source for which installation commenced after the effective date of the 
rule. Please refer to the discussion of (A)(3).
    (6)--This paragraph specifies methods of determining compliance.
    (6)(a)--This paragraph specifies that the test methods and 
procedures of paragraphs (A) to (C) of rule 3745-21-10 of Ohio's rules 
be used to determine emission and control efficiency information for 
controlled and uncontrolled sources.
    (6)(b)--This paragraph allows the use of emission factors approved 
by EPA.
    (6)(c)--This paragraph allows emission test data from similar 
sources or operations to be used provided where EPA has indicated in 
writing that the use of such tests is acceptable.
    This paragraph is approvable because it specifies EPA-approved test 
methods, emission factors and test data from similar sources.
    (B)-(J)--Reserved.
    (K)--This paragraph provides specific control requirements for 
storage tanks covered by the prior version of 3745-21-07 that is 
contained in Ohio's SIP.
    (K)(1)--Lists emission units subject to the control requirements in 
(K)(2), which requires that the storage tank be equipped with either a 
floating pontoon or double-deck type cover that includes closure seals 
or with a vapor recovery system or control system that reduces the 
emissions of organic compounds by at least 90 percent by weight.
    (K)(3)--Lists emission units, consisting of storage tanks with a 
capacity of 65,000 gallons or less, subject to the control requirements 
in (K)(4). (K)(4) requires the use of submerged fill or a vapor 
recovery system.
    This paragraph is approvable because it is consistent with the 
control requirements in the prior version of 3745-21-07 that is 
contained in Ohio's SIP.
    (L)--This paragraph provides facility specific control requirements 
for oil-water separators covered by the prior version of 3745-21-07 
that is contained in Ohio's SIP. Any subject oil-water separators must 
be equipped with a solid cover with all openings sealed, a floating 
pontoon or double deck type cover that includes closure seals, or a 
vapor recovery system that reduces the emissions of organic compounds 
by at least ninety percent by weight.
    This paragraph is approvable because the control requirements are 
consistent with the prior version of 3745-21-07 that is contained in 
Ohio's SIP.
    (M)--This paragraph provides facility-specific and general control 
requirements for emissions from operations using liquid organic 
materials.
    (M)(1)--Lists emission units, covered by the prior version of 3745-
21-07 that is contained in Ohio's SIP, that are subject to the control 
requirements in (M)(2).
    (M)(2)--Requires that the emission units listed in (M)(1) be 
subject to a control system that reduces organic emissions by at least 
85 percent.
    (M)(3)--Other operations using liquid organic materials.
    (M)(3)(a)--This paragraph lists nine conditions in (M)(3)(a)(i) to 
(M)(3)(a)(ix). Any article, machine, equipment, or other contrivance 
meeting all of these conditions must comply with the control 
requirements in (M)(2). These conditions include that the article, 
machine, equipment, or other contrivance is equipped with control 
equipment for organic compound emissions and also that it commenced 
installation prior to the effective date of this rule.
    (M)(3)(b)--This paragraph requires the owner or operator of any 
article, machine, equipment, or other contrivance meeting the 
specifications of paragraph (M)(3)(a), and not listed in paragraph 
(M)(1), to notify Ohio EPA, within 90 days after the effective date of 
this rule, of the need to be specified in paragraph (M)(1)--and 
therefore be subject to the control requirements in (M)(2).
    (M)(3)(c)--This paragraph lists seven conditions and if any of them 
are met then the control requirements of (M)(2)/(M)(3)(a), and the 
reporting requirements in (M)(3)(b) shall not apply to any article, 
machine, equipment, or other contrivance that would otherwise be 
subject.
    (M)(3)(c)(i)--This paragraph exempts any article, machine, 
equipment, or other contrivance that commenced operation after the 
effective date of this rule. Please see discussion for (A)(3) and 
(A)(5).
    (M)(3)(c)(ii)--This paragraph exempts any article, machine, 
equipment, or other contrivance whose uncontrolled potential to emit 
does not exceed 40 pounds per day of organic compound emissions and 
allows the uncontrolled potential to emit to be established using 
physical or operational limitation(s) that are federally enforceable or 
legally and practically enforceable by the state.
    (M)(3)(c)(iii) and (iv)--These paragraphs exempt any article, 
machine, equipment, or other contrivance that is subject to and 
complying with an

[[Page 20601]]

overall control efficiency that is greater than 85 percent.
    (M)(3)(c)(v)--This paragraph refers to paragraphs (M)(3)(g) and 
(M)(4), and is discussed with those paragraphs.
    (M)(3)(c)(vi)--This paragraph exempts heatset web offset printing 
lines that are subject to and complying with a requirement that 
specifies that their drier(s) be equipped with a control device having 
either a control efficiency equal to or greater than 90 percent or an 
outlet concentration of less than 20 parts per million, by volume.
    (M)(3)(c)(vii)--This paragraph exempts any article, machine, 
equipment, or other contrivance that is regulated by and complying with 
chapter 3745-76, which regulates non-methane organic emissions from 
existing landfills.
    (M)(3)(d), (e) and (f)--These paragraphs provide alternative 
emission limitations, which have been adequately documented, to those 
in (M)(2), for specifically identified emission units at the indicated 
facilities.
    (M)(3)(g) and (h)--These paragraphs address SMC operations. Please 
refer to the discussion of (M)(5)(h).
    (M)(4)--Except as provided in paragraph (M)(5) (discussed below) 
this paragraph requires the owner or operator of each article, machine, 
equipment, or other contrivance in which any liquid organic material 
comes into contact with flame or is baked, heat-cured, or heat-
polymerized, in the presence of oxygen, and is not specified in 
paragraph (M)(1) of this rule, to not discharge more than 15 pounds of 
organic materials into the atmosphere in any one day, nor more than 3 
pounds in any hour, unless the organic material emissions have been 
reduced by at least 85 percent by weight. This paragraph does not apply 
to any source for which installation commenced on or after the 
effective date of this rule.
    (M)(5)--This paragraph lists several exemptions that are carried 
over from the prior version of 3745-21-07 that is contained in Ohio's 
SIP.
    (M)(5)(a)--exempts the use of cleanup material from the control 
requirements in paragraph (M)(2).
    (M)(5)(b)--exempts emissions that are not VOCs from the control 
requirements in (M)(2), (M)(3)(a), and (M)(4).
    (M)(5)(c)--This paragraph exempts the use of liquid organic 
material, from the control requirements in paragraph (M)(2), if the 
liquid organic material has a boiling point higher than 200 degrees 
Fahrenheit at 0.5 millimeter mercury absolute pressure, or has an 
equivalent vapor pressure, unless the liquid organic material is 
exposed to temperatures exceeding 220 degrees Fahrenheit.
    (M)(5)(d)--This paragraph exempts sources from the requirements of 
paragraph (M)(4) if (i) the volatile content of the material described 
in (M)(4) consists only of water and liquid organic material, and the 
liquid organic material comprises no more than 20 percent by volume of 
the volatile content; or, (ii) the volatile content of the material 
described in paragraph (M)(4) does not exceed 20 percent by volume.
    (M)(5)(e)--This paragraph allows the provisions of paragraphs 
(M)(2), (M)(3)(d), (M)(3)(e), (M)(3)(f), (M)(3)(g), (M)(3)(h), and 
(M)(4) to be replaced by an alternative emission limitation if EPA 
determines that the alternative emission limitation is the lowest 
emission limitation that the article, machine, equipment, or other 
contrivance is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility.
    (M)(5)(f)--This paragraph exempts emissions resulting from the use 
of any liquid organic materials if those emissions are regulated by 
rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14,3745-21-15, 3745-
21-16, or 3745-21-18.
    (M)(5)(g)--Consistent with existing OAC 3745-21-07, this rule 
exempts sources in Darke, Fairfield, Madison, Perry, Pickaway, Preble, 
or Union County that are within a facility having the potential to emit 
not more than 100 tons of organic compounds per calendar year.
    (M)(5)(h)--This paragraph exempts sheet molding compound 
manufacturing operations from the emission limits in (M)(3)(g) provided 
that the resin delivery system to the doctor box on the SMC 
manufacturing machine is closed or covered and a nylon containing film 
is used to enclose the sheet molding compound.
    This exemption is acceptable because Ohio has adopted OAC 3745-21-
25 for Reinforced Plastics Composites Production Operations, which 
provides a sufficient level of control (95 percent for subject sources) 
for SMC machines. OAC 3745-21-25 was proposed for approval on January 
27, 2011 (76 FR 4835). Paragraph M is approvable because the control 
requirements (typically 85 percent or higher) and exemptions are 
consistent with the prior version of 3745-21-07 that is contained in 
Ohio's SIP, except as it applies to SMC machines. As stated above, Ohio 
adopted rule 3745-21-25 for the control of SMC machines. (N) This 
paragraph requires that smokeless flares be required for the waste gas 
flare systems that were covered by the prior version of 3745-21-07 that 
is contained in Ohio's SIP. This paragraph is approvable because it is 
consistent with the control requirements in the prior version of 3745-
21-07 that is contained in Ohio's SIP.

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).

[[Page 20602]]

    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: March 30, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-8951 Filed 4-12-11; 8:45 am]
BILLING CODE 6560-50-P
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