[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Proposed Rules]
[Pages 81036-81038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23140]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 89, No. 194 / Monday, October 7, 2024 / 
Proposed Rules

[[Page 81036]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2023-0493; FRL-12089-01-R5]


Air Plan Approval; Ohio; Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a September 28, 2023, State Implementation Plan (SIP) submittal 
from the Ohio Environmental Protection Agency (Ohio EPA). The SIP 
submittal consists of a source-specific limitation for a flexographic 
printing line cold cleaner at the Valgroup company's plastic extrusion 
plant in Findlay, Ohio. The source-specific limitation reflects the 
technological differences between the facility's new control unit and 
established cold cleaner requirements currently established in Ohio's 
SIP. Ohio EPA has determined that the source-specific limit for the 
cold cleaner is more stringent than existing cold cleaner limits in the 
Ohio SIP. The limitation is established through the Ohio SIP for 
control of emissions of volatile organic compounds (VOCs) from 
stationary sources and is listed as an enforceable condition in the 
facility's operating permit, issued by Ohio EPA on July 18, 2023.

DATES: Comments must be received on or before November 6, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0493 at https://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#c9a5a8a7aea4a8a7e7a4a0aaa1a8aca589acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="117d707f767c707f3f7c78727970747d517461703f767e67">[email protected]</span></a>. 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 electronically 
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: Anthony Maietta, Air and Radiation 
Division (AR18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
<a href="/cdn-cgi/l/email-protection#701d1119150404115e111e04181f1e09301500115e171f06"><span class="__cf_email__" data-cfemail="cfa2aea6aabbbbaee1aea1bba7a0a1b68faabfaee1a8a0b9">[email protected]</span></a>. 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 the background for this action?

    The Ohio SIP contains VOC emissions control requirements for 
solvent metal cold cleaning (metal parts washing) at Title 3745, 
Chapter 21, Rule 09 of the Ohio Administrative Code (OAC 3745-21-09), 
more specifically at OAC 3745-21-09(O)(2). On December 27, 2022, 
Valgroup applied for a new cold cleaning unit at its Findlay facility 
to be added to its operating permit. Paragraphs OAC 3745-21-
09(O)(2)(c)(i) and (ii) of the SIP require the installation of a 
freeboard that gives a freeboard ratio greater than or equal to 0.7, 
and a water cover with usage of a solvent that is heavier than water. 
However, Valgroup's new cold cleaner is not designed in such a way that 
these methods could apply to the equipment. In its December 27, 2022, 
request, Valgroup indicated that installation of either device as 
described in paragraphs OAC 3745-21-09(O)(2)(c)(i) and (ii) was 
technically infeasible. Valgroup requested approval of the installation 
of a regenerative thermal oxidizer (RTO) to control its new cold 
cleaner, as allowed under paragraph OAC 3745-21-09(O)(2)(c)(iii) which 
indicates that ``[o]ther systems of equivalent control . . . approved 
by the director'' may be installed.
    In an April 17, 2023, Equivalent Control Determination letter to 
Ohio EPA, Valgroup demonstrated that installation of the requested RTO 
would provide a greater control efficiency than available through OAC 
3745-21-09(O)(2)(c)(i) and (ii). Upon review of the Equivalent Control 
Determination, Ohio EPA agreed with Valgroup's request. Ohio EPA made a 
draft permit-to-install available for public comment, with the option 
for a commenter to request a public hearing on the permit. The public 
comment and hearing request period was held from June 17 to July 17, 
2023. No comments were received and no hearing was requested. Ohio EPA 
issued the final permit-to-install to Valgroup on July 18, 2023. The 
new permit, Ohio EPA permit number P0133504, establishes operating, 
recordkeeping, and reporting requirements for the new RTO emissions 
unit at the Findley plant (Ohio facility ID 0332010121).
    As required in the Ohio SIP for VOCs from stationary sources under 
OAC 3745-21-09(B)(2), in order to approve a source-specific control 
option under OAC 3745-21-09(O)(2)(c)(iii), the revision must be 
submitted to EPA and approved as a revision to the Ohio SIP. On 
September 28, 2023, Ohio EPA submitted a request for EPA to approve the 
source-specific terms and conditions from Valgroup's July 18, 2023, 
permit-to-install into the Ohio SIP, which contains the RTO and its 
operating, recordkeeping, and reporting requirements.

II. What is EPA's analysis of the source-specific VOC limit?

    The cold cleaning unit is part of a flexographic printing line that 
Valgroup submitted a permit application to install in December 2022. 
The cold cleaner utilizes a solvent greater than 0.6 pounds per square 
inch absolute measured at one hundred degrees

[[Page 81037]]

Fahrenheit to clean parts of the flexographic printing line after use. 
The solvent vapor pressure requires Valgroup to comply with one of the 
three vapor control measures for cold cleaners outlined in Ohio's SIP 
at OAC 3745-21-09(O)(2)(c).
    Typically, cold cleaners resemble a large top hinged-lid tank 
containing the solvent that metal parts are dipped into to be cleaned. 
The distance of the tank's side walls from the solvent surface to the 
top edge of the tank is called the freeboard. OAC 3749-21-
09(O)(2)(c)(1) requires cold cleaners to have a `freeboard ratio', 
defined as the freeboard height divided by the width of the solvent 
area, greater than or equal to 0.7. As indicated in EPA's Office of Air 
Quality Planning and Standards Guidelines for Control of Volatile 
Organic Emissions from Solvent Metal Cleaning (solvent metal cleaning 
control techniques guidelines or CTG), utilization of this freeboard 
ratio will result in a 25%-30% VOC control efficiency from the cold 
cleaning process. See EPA-450/2-77-022, November 1977.
    The cold cleaner that Valgroup proposed to install is not designed 
as a top hinged-lid tank containing solvent. Instead, metal parts are 
loaded into the empty cleaner via a side door which is then closed. The 
solvent is held in a separate storage tank and pumped into the cleaner, 
washing the metal parts and draining back into the separate storage 
tank. Therefore, there is no volume of liquid solvent in the cold 
cleaner to form a freeboard ratio for Valgroup to comply with.
    The second compliance option listed at OAC 3745-21-09(O)(2)(c)(2) 
requires the source to utilize a solvent that is heavier than water and 
then keep a water cover on top of the solvent. As indicated in EPA's 
Compilation of Air Pollutant Emissions Factors from Stationary Sources 
(AP-42), use of a water cover results in a 55%-69% VOC control 
efficiency. However, Valgroup's cold cleaner does not maintain a 
constant level of solvent in the wash chamber. As described above, the 
solvent is instead drained back into a separate storage tank. 
Additionally, in its December 27, 2022, request, Valgroup indicated 
that the solvent utilized in the cold cleaner is less dense than water. 
Therefore, there is no technically-feasible way for Valgroup's cold 
cleaner to comply with the water cover requirement at OAC 3745-21-
09(O)(2)(c)(2).
    The third control device compliance option for Valgroup's cold 
cleaner, at OAC 3745-21-09(O)(2)(c), is for ``[o]ther systems of 
equivalent control . . . approved by the director''. In Valgroup's 
December 27, 2022, request, the company proposed an RTO that could meet 
an overall VOC destruction efficiency of 88%. The overall VOC 
destruction efficiency is based on 90% capture efficiency and 98% 
control efficiency between the inlet and outlet of the RTO. The 88% 
overall destruction efficiency exceeds the freeboard and water cover 
compliance options in OAC 3745-21-09(O)(2)(c). So long as Ohio requires 
the Valgroup cold cleaner RTO to meet a control efficiency equivalent 
to or better than the freeboard and water cover compliance options, the 
RTO is approvable into the Ohio SIP.
    Ohio EPA reviewed the proposed RTO's specifications as part of its 
examination of Valgroup's December 27, 2022, request and in its July 
18, 2023, permit-to-install for Valgroup. Ohio EPA listed the 88% 
overall destruction efficiency, 90% capture efficiency, and 98% control 
efficiency as terms and conditions for the unit in paragraphs 
C.2.b)(1), C.2.b)(1)d., C.2.b)(2), and C.2.b)(2)(d. of the permit-to-
install. The limit is more stringent than the freeboard and water cover 
compliance options outlined in 3745-21-09(O)(2)(c) and therefore is 
approvable into the Ohio SIP.
    In addition to a VOC control requirement, the July 18, 2023, 
permit-to-install also contains recordkeeping and reporting 
requirements for the RTO. Paragraphs C.2.d) and C.2.d)(1) of the 
permit-to-install require Valgroup to maintain a daily log of operating 
time for the RTO and monitoring equipment and record all 3-hour periods 
of operation when the average combustion temperature in the RTO was 
more than 50 degrees Fahrenheit below the average combustion 
temperature measured during the unit's most recent compliance test. 
Until the unit has been compliance tested, the RTO must be operated and 
maintained in accordance with the manufacturer's instructions and 
operating manual. Paragraphs C.2.e) and C.2.e)(2) require Valgroup to 
submit quarterly summaries of the operating time and 3-hour average 
combustion temperatures of the RTO, on a set calendar date schedule. 
EPA has determined that the recordkeeping and reporting requirements 
for the RTO are appropriate compliance demonstration mechanisms to 
ensure that the VOC control requirements are being met, and that these 
compliance demonstration requirements are approvable into the Ohio SIP.

III. What action is EPA taking?

    EPA is proposing to approve the addition of paragraphs C.2.b)(1), 
C.2.b)(1)d., C.2.b)(2), C.2.b)(2)d., C.2.d), C.2.d)(1), C.2.e), and 
C.2.e)(2) as listed in the July 18, 2023, permit-to-install for the 
Valgroup company into the Ohio SIP.

IV. Incorporation by Reference

    In this rulemaking, 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 certain provisions of the Ohio Division of Air Pollution 
Control Permit-to-Install for Valgroup's Findlay, Ohio plastic 
extrusion plant, effective July 18, 2023, as described in section III 
of this preamble. EPA has made, and will continue to make, these 
documents generally available through https://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).

V. 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:
    <bullet> 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 14094 (88 FR 21879, April 11, 2023);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 81038]]

    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines EJ as ``the fair treatment and meaningful involvement of 
all people regardless of race, color, national origin, or income with 
respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies.'' EPA further defines 
the term fair treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    Ohio EPA did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of E.O. 12898 of achieving EJ 
for communities with EJ concerns.

List of Subjects in 40 CFR Part 52

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

    Dated: October 2, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-23140 Filed 10-4-24; 8:45 am]
BILLING CODE 6560-50-P


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