Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations 42451 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. This action merely 

approves a state request for an 

attainment date extension. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

This action approves a state request for 

an attainment date extension based on 

the state’s compliance with 

requirements and commitments in its 

plan and recent air quality monitoring 

data that meets requirements for an 

extension. 

K. Congressional Review Act (CRA) 

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. This action is 

subject to the CRA, and the EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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). 

L. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 7, 2017. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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, Ammonia, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

dioxide, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 21, 2017. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

Dated: August 22, 2017. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2017–18878 Filed 9–7–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0802; FRL–9967–40– 

Region 5] 

Air Plan Approval; Ohio; Volatile 

Organic Compound Control Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving under the 

Clean Air Act (CAA), a November 18, 

2015, State Implementation Plan (SIP) 

submittal from the Ohio Environmental 

Protection Agency consisting of 

adjustments and additions to volatile 

organic compound (VOC) rules in the 

Ohio Administrative Code (OAC). The 

changes to these rules are based on an 

Ohio-initiated five-year periodic review 

of its VOC rules and a new rule to 

update the VOC reasonably available 

control technology (RACT) requirements 

for the miscellaneous metal and plastic 

parts coatings source category for the 

Cleveland-Akron-Lorain area 

(‘‘Cleveland area’’) consisting of 

Ashtabula, Cuyahoga, Geauga, Lake, 

Lorain, Medina, Portage, and Summit 

counties. Additionally, EPA is 

approving into the Ohio SIP an oxides 

of nitrogen (NOX) emission limit for 

Arcelor-Mittal Cleveland that Ohio is 

using as an offset in its anti-backsliding 

demonstration for architectural 

aluminum coatings. 

DATES: This final rule is effective on 

October 10, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2015–0802. All 

documents in the docket are listed on 

the https://www.regulations.gov Web 

site. 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 https://

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. We 

recommend that you telephone Jenny 

Liljegren, Physical Scientist, at (312) 

886–6832 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Jenny Liljegren, Physical Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6832, 

Liljegren.Jennifer@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 is the purpose of this action? 

II. What is EPA’s analysis of Ohio’s 

submitted VOC rules? 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is the purpose of this action? 

EPA is approving a November 18, 

2015, Ohio SIP submittal consisting of 

adjustments and additions to OAC 

Chapter 3745–21. Specifically, this 

includes amended OAC rules 3745–21– 

01, 3745–21–03, 3745–21–04, 3745–21– 

08, 3745–21–09, 3745–21–10, 3745–21– 

12, 3745–21–13, 3745–21–14, 3745–21– 

15, 3745–21–16, 3745–21–17, 3745–21– 

18, 3745–21–19, 3745–21–20, 3745–21– 

21, 3745–21–22, 3745–21–23, 3745–21– 

25, 3745–21–27, 3745–21–28, 3745–21– 

29; rescission of existing OAC rule 

3745–21–24, and adoption of new OAC 

rules 3745–21–24 and 3745–21–26. 

Except for OAC rule 3745–21–26, the 

changes to the Chapter 3745–21 rules 

are based on an Ohio-initiated five-year 

periodic review of its VOC rules. When 

Ohio reviews a rule and amends greater 

than fifty percent of that rule, Ohio 

issues the entire rule as a new 

replacement rule. This is the case with 

OAC 3745–21–24. OAC rule 3745–21– 

26 is an entirely new rule, the purpose 

of which is to update the VOC RACT 

requirements for the Cleveland area for 

the miscellaneous metal and plastic 

parts coatings source category. 

Additionally, EPA is approving into the 

Ohio SIP the NOX emission limit on 


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42452 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

unit P046 at the Arcelor-Mittal 

Cleveland facility, which is contained in 

OAC 3745–110–03(N). Ohio is using 

this emission limit as an offset in its 

CAA section 110(l) anti-backsliding 

demonstration for architectural coatings, 

which was discussed in detail in the 

May 11, 2017, proposed rulemaking (82 

FR 21960). EPA solicited public 

comment on this proposal and did not 

receive any comments during the 

comment period. Finally, EPA is 

approving OAC 3745–110–05(A) into 

the Ohio SIP, which provides that 

compliance with the NOX emission 

limit on unit P046 at Arcelor-Mittal 

Cleveland shall be demonstrated by 

performing emission tests in accordance 

with EPA Method 7, 7a, 7c, 7d, or 7e, 

and any additional approved EPA 

methods as applicable. 

II. What is EPA’s analysis of Ohio’s 

submitted VOC rules? 

Many of Ohio’s amendments to the 

rules in Chapter 3745–21 are not 

significant. These amendments include: 

Updates to items incorporated by 

reference; minor typographical changes 

to conform to new state preferences on 

style and formatting; updates to correct 

typographical and format errors; 

updates to reflect source name and/or 

address changes; the removal of 

references to sources which have been 

permanently shut down; updates to 

replace deadlines associated with 

previous rule effective dates with actual 

dates (e.g. ‘‘sixty days from the effective 

date of this rule’’ replaced with an 

actual date); and language updates to 

provide clarification and to avoid 

confusion. EPA reviewed these and 

other non-significant and/or nonsubstantive amendments and is 

approving them since they do not 

constitute significant and/or substantive 

changes to Ohio’s rules. 

More significant amendments, those 

amendments requiring more 

explanation, and the addition of OAC 

rule 3745–21–26 were discussed in 

detail in the May 11, 2017, proposed 

rulemaking (82 FR 21960). These 

amendments pertain to catalytic 

incinerator requirements, references to 

operating permits, VOC recordkeeping 

requirements, solvent cleaning 

operations requirements, the addition of 

OAC rule 3745–21–26 surface coating of 

miscellaneous metal and plastic parts, 

and updates to the following rules: OAC 

rule 3745–21–24 flat wood paneling 

coatings and OAC rule 3745–21–28 

miscellaneous industrial adhesives and 

sealants. EPA reviewed these 

amendments and is approving them for 

the reasons explained in detail in the 

May 11, 2017, proposed rulemaking (82 

FR 21960) which can be found in the 

docket to this final rule. 

III. What action is EPA taking? 

EPA is approving into the Ohio SIP 

adjustments and additions to VOC 

RACT rules in OAC Chapter 3745–21. 

Additionally, EPA is incorporating into 

the Ohio SIP the NOX emission limit on 

unit P046 at the Arcelor-Mittal 

Cleveland facility, which is contained in 

OAC 3745–110–03(N); Ohio is using 

this emission limit as an offset in its 

CAA section 110(l) anti-backsliding 

demonstration for the OAC rule 3745– 

21–26 VOC content limit for 

architectural coatings. Finally, EPA is 

approving OAC 3745–110–05(A) into 

the Ohio SIP, which provides that 

compliance with the NOX emission 

limit on unit P046 at Arcelor-Mittal 

Cleveland shall be demonstrated by 

performing emission tests in accordance 

with EPA Method 7, 7a, 7c, 7d, or 7e, 

and any additional approved EPA 

methods as applicable. 

IV. 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 

https://www.regulations.gov, and/or 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 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

V. 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); 

• 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). 

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 


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Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations 42453 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 7, 2017. 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: August 25, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52.1870, the table in paragraph 

(c) is amended by: 

■ a. Revising all the entries under the 

heading entitled ‘‘Chapter 3745–21 

Carbon Monoxide, Ozone, Hydrocarbon 

Air Quality Standards, and Related 

Emission Requirements’’; 

■ b. Adding a new heading in numerical 

order entitled ‘‘Chapter 3745–110 

Nitrogen Oxides—Reasonably Available 

Control Technology’’ including entries 

for ‘‘3745–110–03’’ and ‘‘3745–110–05’’. 

The revisions and additions read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED OHIO REGULATIONS

Ohio citation Title/subject 

Ohio 

effective 

date 

EPA approval 

date Notes 

*******

Chapter 3745—21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements 

3745–21–01 ....... Definitions and incorporation by reference ... 10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–02 ....... Ambient air quality standards and guidelines 8/25/2008 7/28/2009, 74 FR 37171.

3745–21–03 ....... Methods of ambient air quality measurement.10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–04 ....... Compliance time schedules .......................... 10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–06 ....... Classification of regions ............................... 8/25/2008 7/28/2009, 74 FR 37171.

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, 3745–21–13, 3745–21– 

14, 3745–21–15, 3745–21–16, or 3745– 

21–18 of the administrative code).

2/18/2008 8/19/2011, 76 FR 51901.

3745–21–08 ....... Control of carbon monoxide emissions from 

stationary sources.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–09 ....... Control of emissions of volatile organic 

compounds from stationary sources and 

perchloroethylene from dry cleaning facilities.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–10 ....... Compliance test methods and procedures ... 10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–12 ....... Control of volatile organic compound emissions from commercial bakery oven facilities.10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–13 ....... Control of volatile organic compound emissions from reactors and distillation units 

employed in SOCMI chemical production.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–14 ....... Control of volatile organic compound emissions from process vents in batch operations.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–15 ....... Control of volatile organic compound emissions from wood furniture manufacturing 

operations.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–16 ....... Control of volatile organic compound emissions from industrial wastewater.10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–17 ....... Portable fuel containers ................................ 10/15/2015 9/8/2017, [insert Federal 

Register citation].


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42454 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations 

EPA-APPROVED OHIO REGULATIONS—Continued 

Ohio citation Title/subject 

Ohio 

effective 

date 

EPA approval 

date Notes 

3745–21–18 ....... Commercial motor vehicle and mobile 

equipment refinishing operations.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–19 ....... Control of volatile organic compound emissions from aerospace manufacturing and 

rework facilities.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–20 ....... Control of volatile organic emissions from 

shipbuilding and ship repair operations 

(marine coatings).

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–21 ....... Storage of volatile organic liquids in fixed 

roof tanks and external floating roof tanks.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–22 ....... Control of volatile organic compound emissions from offset lithographic printing and 

letterpress printing facilities.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–23 ....... Control of volatile organic compound emissions from industrial solvent cleaning operations.10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–24 ....... Flat wood paneling coatings ......................... 10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–25 ....... Control of VOC emissions from reinforced 

plastic composites production operations.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–26 ....... Surface coating of miscellaneous metal and 

plastic parts.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–27 ....... Boat manufacturing ...................................... 10/15/2015 9/8/2017, [insert Federal 

Register citation].

3745–21–28 ....... Miscellaneous industrial adhesives and 

sealants.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

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.

10/15/2015 9/8/2017, [insert Federal 

Register citation].

* * * * * * * 

Chapter 3745–110—Nitrogen Oxides—Reasonably Available Control Technology 

3745–110–03 ..... RACT requirements and/or limitations for 

emissions of NOX from stationary sources.

07/18/2013 9/8/2017, [insert Federal 

Register citation].

Only the NOX emission limitation on unit P046 contained in 3745–110–03(N). 

3745–110–05 ..... Compliance methods .................................... 07/18/2013 9/8/2017, [insert Federal 

Register citation].

Only (A). For purposes of 

demonstrating compliance 

with the NOX emission limitation on unit P046 contained in 3745–110–03(N). 

* * * * * * * 

* * * * * 

[FR Doc. 2017–18864 Filed 9–7–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2016–0550; FRL–9966–98– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; El Paso 

Carbon Monoxide Limited Maintenance 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving the required second carbon 

monoxide (CO) maintenance plan as a 

revision to the Texas State 

Implementation Plan (SIP). The El Paso, 

Texas CO maintenance area (El Paso 

Area) has been demonstrating consistent 

air quality monitoring at or below 85% 

of the CO National Ambient Air Quality 

Standard (NAAQS or standard). Because 

of this, the State of Texas, through its 

designee, submitted the required second 

maintenance plan for the El Paso Area 

as a Limited Maintenance Plan (LMP). 

DATES: This final rule is effective on 

October 10, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2016–0550. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 

electronically through http://


sradovich on DSK3GMQ082PROD with RULES