
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31916-31922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14400]



[[Page 31916]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0272; FRL-9964-46-Region 5]


Air Plan Approval; Ohio; Control of Emissions of Organic 
Materials That Are Not Regulated by VOC RACT Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act (CAA), revisions to the Ohio Administrative Code 
(OAC) rule as part of Ohio's State Implementation Plan (SIP). This rule 
has generally been revised to: make minor style changes to meet Ohio's 
legislative service commission style and formatting guidelines; add 
specific effective dates within the rule; correct certain errors and 
omissions introduced when the rule was last revised; remove facilities 
and units that have been permanently shut down; update the names of 
certain subject facilities; and modify certain source applicability 
exclusions. Sources controlled by this rule are not covered by existing 
Volatile Organic Compound (VOC) Reasonably Available Control Technology 
(RACT) rules or other organic material emission control rules in Ohio's 
Administrative Code.

DATES: This direct final rule is effective September 11, 2017, unless 
EPA receives adverse comments by August 10, 2017. If adverse comments 
are received by EPA, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0272, at https://www.regulations.gov, or via email to 
Aburano.Douglas@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) 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 or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, 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) 886-1767, 
Dagostino.Kathleen@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 revisions has Ohio made in rule 3745-21-07 and are they 
approvable as a revision of the Ohio SIP?
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. What revisions has Ohio made in rule 3745-21-07 and are they 
approvable as a revision of the Ohio SIP?

    The rule at OAC 3745-21-07 was adopted by the state of Ohio to 
control airborne emissions of organic materials from existing (as of 
the effective date of the adopted rule) sources not covered by other 
VOC emission control rules in OAC 3745-21. Most recently, EPA approved 
revisions to OAC 3745-21-07 into the Ohio SIP on August 19, 2011 (76 FR 
51901).
    On April 29, 2016, the Ohio Environmental Protection Agency (OEPA) 
submitted an amended OAC 3745-21-07, requesting that EPA approve the 
rule amendments as a revision to the Ohio SIP. The following summarizes 
the rule revisions and discusses whether these rule revisions are 
approvable as SIP revisions.
    Where we note ``this rule'' or ``the rule,'' unless otherwise 
noted, we mean OAC 3745-21-07.

3745-21-07

    The title of the rule has been revised to ``Control of emissions of 
organic materials from stationary sources (i.e., emissions that are not 
regulated by rule 3745--21-09, 3745-21-12 to 3745-21-16, or 3745-21-18 
to 3745-21-29 of the Administrative Code.'' This title change accounts 
for the addition of VOC emission control rules that now cover some of 
the sources formerly covered by OAC 3745-21-07.
    (A) Applicability:
    (A)(1)--``RESERVED'' modified to ``Reserved.''
    (A)(2)--``RESERVED'' modified to ``Reserved.''
    (A)(3) -- This paragraphs states that OAC 3745-21-07 applies to any 
source or operation for which installation commenced prior to February 
18, 2008, and that is specified in paragraphs (K) through (N) of this 
rule. This rule does not apply to VOC emissions from sources or 
operations subject to rules 3745-21-09, 3745-21-12 to 3745-21-16, or 
3745-21-18 to 3745-21-29. Any owner or operator of a source or 
operation identified in paragraphs (K) to (N) of this rule must have 
complied with the facility-specific and general emission control 
requirements of this rule by February 18, 2008. This paragraph was 
revised to reflect that new VOC emission control rules now cover some 
of the sources formerly covered by OAC 3745-21-07.
    The other rule revision in this paragraph replaces what was 
previously ``the effective date of this rule'' by a specific date, 
February 18, 2008. February 18, 2008, was the effective date of the 
previous version of this rule; therefore, specifying this date retains 
and clarifies the date used to define the group of sources or 
operations subject to the requirements of this rule and the date by 
which subject emission control requirements must be implemented.
    (A)(4)--This paragraph voids emission control requirements or 
operational restrictions 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. The revisions to this rule paragraph include the 
replacement of ``the effective date of this rule'' with the date 
February 18, 2008, grammatical corrections, and the addition of rule 
paragraph (N)(3) the list of emission limitations and control 
requirements in paragraph (A)(4). The list should include all 
paragraphs that contain an emission limitation or control requirement, 
but paragraph (N)(3) was inadvertently left out when Ohio last revised 
the rule.
    (A)(5)--This paragraph states that this rule shall not apply to any 
source, including any new source, as defined in

[[Page 31917]]

rule OAC 3745-15-01, for which installation commenced after ``February 
18, 2008,'' revised from ``the effective date of this rule.''
    (A)(6)--This paragraph lists the emission test methods or emission 
data sources that may be used to demonstrate compliance for sources 
subject to mass emission rates under the rule. This rule paragraph has 
been revised to clarify that the owner or operator of a subject source 
or operation may demonstrate compliance using one of the three 
compliance methods listed.
    (B)-(J)--``RESERVED'' modified to ``Reserved'' for all of these 
rule paragraphs.
    (K) Facility-specific control requirements for storage tanks 
(stationary tank, reservoir, or other container):
    (K)(1)--This paragraph lists source facility owners or operators, 
source facility IDs, and source emission unit IDs for emission units 
subject to the emission control requirements in paragraph (K)(2), which 
requires that the storage tanks containing any liquid organic material 
that has a vapor pressure of 1.5 pounds per square inch or greater, 
under actual storage conditions, be equipped with one of the following: 
(a) A floating pontoon or double-deck type cover that includes closure 
seals (not permitted if the liquid in the tank has a vapor pressure of 
12.5 pounds per square inch absolute or greater under actual storage 
conditions); or (b) a vapor recovery system or control system that 
reduces the emissions of organic compounds by at least 90 percent by 
weight.
    The owner or operator names in the table of facilities and 
emissions units subject to the requirements of paragraph (K)(2) have 
been revised as noted here: ``The Glidden Company'' has been revised to 
``Akzo Nobel Coatings, Inc.;'' a subject emissions unit associated with 
Azko Nobel Coatings, ``T066,'' has been removed due to permanent 
shutdown; and ``Marathon Ashland Petroleum, LLC'' has been revised to 
``Marathon Petroleum Company LP--Brecksville Terminal.''
    (K)(3)--This paragraph lists source facility owners or operators, 
source facility IDs, and source emission unit IDs for emission units 
consisting of storage tanks with capacities equal to or less than 
65,000 gallons, subject to the control requirements in paragraph 
(K)(4), which requires subject sources to not place, store, or hold in 
any storage tank identified in (K)(3) any liquid organic material that 
has a vapor pressure of 1.5 pounds per square inch absolute or greater, 
under actual storage conditions, unless the storage tank is equipped 
with a permanent submerged fill pipe, or is loaded through the use of a 
portable loading tube, which can be inserted below the liquid level 
during loading operations, or is fitted with a vapor recovery system as 
described in paragraph (K)(2)(b) of this rule.
    Rule paragraph (K)(3) has been amended to remove the following 
sources previously subject to the requirements of (K)(4) due to 
permanent shutdown: Newark Air Force Base/AGMC (source facility 
0145020224, source units T012 and T013); the Lubrizol Corporation, 
Wickliffe Facility (source facility 0243150025, source units T224 and 
T225); Veolia Environmental Services, LLC (source facility 0857751346, 
source units P006, T001, T005, T007, T017, T026, T040, T042, T044, 
T049, T051, T065, and T068); Clorox Company (source facility 
1318000864, source unit T012); and Strongsville Expressmart (source 
facility 1318554294, source unit T008). For ``Hukill Chemical 
Corporation'' (source facility 1318030172), emissions unit T062 has 
been removed due to permanent shutdown. The following subject owner/
operator names have been revised: ``Tremco, Inc.'' has been revised to 
``Tremco, Inc.--Mameco Division''; ``Marathon Ashland Petroleum 
Corporation'' has been revised to ``Marathon Petroleum Company LP--
Brecksville Terminal''; and ``Glastic Corporation, Cleveland Facility'' 
has been revised to ``Rochling Glastic Composites''.
    (L) Facility-specific control requirements for oil-water separators 
(effluent water separators):
    (L)(1)--The owner/operator name of the only subject facility listed 
has been revised from ``Marathon Ashland Petroleum, LLC'' to ``Marathon 
Ashland, LLC--CLOW''.
    (M) Facility-specific and general control requirements for 
emissions from operations using liquid organic materials:
    Table ``(M)(1) Emissions Units'' under paragraph (M)(1) lists 
owners/operators, source facility IDs, and emission units subject to 
the emission control requirements of paragraph (M)(2). Table (M)(1) has 
been revised as follows:
    a. The following owners/operators and their associated source 
facilities and emission units have been removed from the list of 
applicable sources due to permanent shutdown: TS Trim Industries, 
Incorporated; Plastech Engineered Products, Incorporated (two 
facilities); Clean Harbors PPM, LLC; Structural North America; PFF/MFD/
STD of Avery Dennison; GE Quartz, Incorporated, Willoughby Plant; 
Cantar/Polyair Corporation; Roemer Industries, Incorporated; Peerless--
Winsmith, Incorporated; Eaton INOAC, Company; Manufacturers Enameling 
Corporation; Mill's Pride, Incorporated; Delphi Chassis Systems, 
Needmore Operations; Delphi Classic Systems, Home Avenue; Pitney Bowes; 
Veolia Environmental Services, LLC; The Chemical Solvents, 
Incorporated; Queen City Barrel Company; Owens Corning Trumbull; Alex 
Fries and Bros., Incorporated; and Blackhawk Automotive Plastics, 
Incorporated.
    b. The following owner/operator names were revised with no other 
revisions to the applicable source facility IDs or source units: ``Akzo 
Nobel'' has been revised to ``Akzo Nobel Coatings, Inc.;'' ``Kraftmaid 
Cabinetry, Inc., Middlefield #1'' has been revised to ``Masco Cabinetry 
Middlefield LLC (KraftMaid Plant #1);'' ``Chem Development'' has been 
revised to ``The Kennedy Group;'' ``LESCO, Inc.'' has been revised to 
``Turf Care Supply Corp.--Martins Ferry Plant;'' ``Merillat Industries, 
Inc.'' has been revised to ``Masco Cabinetry, Merillat, Jackson;'' 
``CDR Pigments and Dispersions'' has been revised to ``Flint Group 
Pigments; and ``Emerald Polymer Additives'' has been revised to 
``Emerald Performance Materials LLC.''
    c. The following subject sources have been removed because they 
were erroneously included in table (M)(1) when the rule was last 
revised: \1\ Waste Technologies Industries, Incorporated (facility ID 
0215020233); \2\ Troy Laminating and Coating, Incorporated (facility ID 
0855140077); and, emissions units P008 and P009 at Thermoseal, 
Incorporated (facility ID 0575010161) \3\ (in addition, emissions units 
P001-P005 and P011-P012 have been removed due to permanent shutdown);
---------------------------------------------------------------------------

    \1\ When the rule was last revised, table (M)(1) was established 
to list emission units covered by the prior SIP-approved version of 
3745-21-07. Emissions control was not required for units emitting 
less than 8 lbs/hr and 40 lbs/day. Because the potential emissions 
from the subject units are below this level, these units should not 
have been listed in table (M)(1).
    \2\ Regardless of the applicability of OAC 3745-21-07, these 
tanks will continue to be controlled through 40 CFR 61, subpart FF 
(National Emissions Standard for Benzene Waste Operations) and 40 
CFR 63, subpart DD (National Emissions Standard for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations).
    \3\ Regardless of the applicability of OAC 3745-21-07, emission 
units P009, P010, and P014 at Troy Laminating and Coating and P008 
and P009 at Thermoseal will continue to be controlled through best 
available technology pursuant to SIP-approved rule OAC 3745-31-05.
---------------------------------------------------------------------------

    d. The entries for the following subject sources have been revised 
as described:
    1. ``Safety Kleen Corp.--Hebron Recycle Center'' has been revised 
to

[[Page 31918]]

``Clean Harbors Recycling Services of Ohio L.L.C.,'' emission unit P002 
has been removed due to permanent shutdown, and the facility ID 
(0145020235) remains unchanged;
    2. Iten Industries, Incorporated, Plant 1 (facility ID 0204010112) 
has been removed because the only subject emissions unit (P003) does 
not meet the applicability requirements set forth in paragraph (M)(3);
    3. Pinney Deck and Transport Company (facility ID 0204010172) has 
been removed because the source was erroneously included in table 
(M)(1) since the only subject emissions unit (P001), an air stripper 
for treating contaminated ground water, is the actual process and is 
not considered emissions control and should not have been listed in the 
rule;
    4. ``Ohio Sealants'' has been revised to ``Henkel Consumer 
Adhesives, Inc.,'' emission unit P003 has been removed due to permanent 
shut down, and the facility ID (0243081155) remains unchanged;
    5. ``Noveen, Inc.'' has been revised to ``Lubrizol Advanced 
Materials,'' emission units P020 and P026 have been removed due to shut 
down, and the facility ID (0247030004) remains unchanged;
    6. Degussa Initiators, LLC has been removed because the subject 
units do not use photochemically reactive materials;
    7. ``The Glidden Company'' has been revised to ``Akzo Nobel 
Coatings, Inc.,'' emission units P007 and P008 have been removed due to 
permanent shutdown, and the facility ID (0322000043) remains unchanged;
    8. Guardian Manufacturing (facility ID 0339030016): Emission unit 
IDs P001, P002, and P004 have been renamed as P801, P802, and P804;
    9. Union Tank Car Company (facility ID 0351010025) has been removed 
because its subject emissions unit, P002, does not employ a liquid 
organic material, which is a criterion for rule applicability;
    10. BASF Corporation (facility ID 0819070134): Emission unit P011 
has been removed because it is now part of P028 (which is listed);
    11. Greenville Technologies, Inc. (facility ID 0819070190): 
Emission units K001, K002, K003, and K005 have been removed due to 
permanent shutdown;
    12. Dupont Electronic Polymers, LP (facility ID 0857040727): For 
emission units P025 and P027, the applicability of paragraph (M)(2) has 
been restricted to when these units are in methylene chloride service 
(which is acceptable because emissions under non-methylene chloride 
operations are less than eight pounds per hour, which is lower than the 
applicability cut point in the original rule);
    13. ``Eurand'' has been revised to ``Aptalis Pharmatech, Inc.,'' 
emission unit P013 has been removed due to permanent shutdown, and the 
facility ID (0857171794) remains unchanged;
    14. Neaton Auto Products Manufacturing, Inc. (facility ID 
08680300155): Emission unit R003 has been added because it was 
installed in 2007 and inadvertently omitted from the previous rule 
revision;
    15. Rohm and Haas Chemicals, LLC (facility ID 0868090072): Emission 
unit P508 has been removed due to permanent shutdown.
    16. Day-Glo Color Corp. (facility ID 1318006552): Emission units 
P001, P002, P008, P009, P024, P026, P027, and P030 have been added; \4\
---------------------------------------------------------------------------

    \4\ On January 22, 2015 the facility submitted a notification to 
Ohio EPA indicating that these emissions units should be added to 
paragraph (M)(1) as required by paragraph (M)(3)(b).
---------------------------------------------------------------------------

    17. ``Polymers Additives'' with facility ID 1318030264 and emission 
units P027 and P034 has been added; \5\
---------------------------------------------------------------------------

    \5\ On January 22, 2015 the facility submitted a notification to 
Ohio EPA indicating that these emissions units should be added to 
paragraph (M)(1) as required by paragraph (M)(3)(b).
---------------------------------------------------------------------------

    18. ``Ineos ABS Corporation'' has been revised to ``Ineos ABS (USA) 
Corporation,'' emission unit P021 has been removed because it was 
mistakenly included in the prior revision to this rule,\6\ emission 
units P010 and P036 have been added because these continuous polymer 
drying operation emissions units were inadvertently left out of the 
prior revision to this rule, and the facility ID (1431010054) remains 
unchanged;
---------------------------------------------------------------------------

    \6\ The potential organic compound emissions for emissions unit 
P021 are less than 8 lbs/hr and 40 lbs/day, therefore, emissions 
control is not required.
---------------------------------------------------------------------------

    19. H.B. Fuller Company (facility ID 1431052206): Emission units 
P003-P006 have been removed due to permanent shutdown;
    20. ``Ruetgers Organics Corporation'' has been revised to ``Nease 
Corporation,'' emission unit P025 has been removed due to permanent 
shutdown; and facility ID (1431111828) remains unchanged;
    21. PMC Specialties, Inc. (facility ID 141390137): Emission unit 
P022 has been removed due to permanent shutdown;
    22. St. Bernard Soap Company has been removed because the subject 
emission units at this source never employed any photochemically 
reactive materials and thus should never have been included in the 
rule; and,
    23. ``PPB Industries, Barberton Plant'' has been split into two 
separate facilities, ``PPG Industries, South Plant'' (with facility ID 
1677020162 and unit P099) and ``PPG Industries, Teslin Plant'' (with 
facility ID 1677020164 and units P110, P114, and P115 \7\), and 
emission unit P098 has been removed because it is exempt from the 
rule.\8\
---------------------------------------------------------------------------

    \7\ Emissions unit P115 was installed in November 2007 and 
inadvertently left out of the prior revision of this rule.
    \8\ This emissions unit is exempt from the requirements of 
paragraphs (M)(3)(a), (M)(2) and (M)(1) per paragraph (M)(3)(c)(iv), 
which exempts an emissions unit that is subject to and complying 
with a federal regulation that specifies an overall control 
efficiency for organic compound or VOC emissions that is greater 
than eighty-five percent, by weight. This emissions unit is subject 
to 40 CFR part 63, subpart FFFF, which requires total organic HAP 
emissions to be reduced by at least 98% by weight or to an outlet 
concentration of 20 ppmv or less.
---------------------------------------------------------------------------

    (M)(2)--This paragraph requires each article, machine, equipment or 
other contrivance identified in paragraph (M)(1) or meeting paragraph 
(M)(3)(a) of the subject rule (3745-21-07) to be equipped with a 
control system that reduces the organic compound emissions from the 
source by an overall control efficiency of at least 85 percent, by 
weight. If the emission reductions are achieved by incineration, the 
incineration must oxidate the carbon in the captured organic material 
to carbon dioxide by 90 percent or more. Paragraph (M)(2) has been 
edited to revise the phrase ``meeting the specifications of paragraph 
(M)(3)(a)'' to ``meeting paragraph (M)(3)(a).''
    (M)(3)--This paragraph covers 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 contrivance meeting 
all of these conditions must comply with the emission control 
requirements in (M)(2).
    (M)(3)(a)(ii)--This paragraph has been revised from ``Commenced 
installation prior to the effective date of the rule'' to ``Commenced 
installation prior to February 18, 2008.''
    (M)(3)(a)(v)--This paragraph states that emissions are not subject 
to (M)(2) if they are subject to control requirements specified in 
other listed rules. The list of rules has been simplified and expanded 
by revising from ``3745-21-09, 3745-12, 3745-13, 3745-14, 3745-15, 
3745-16, or 3745-21-18'' to ``3745-21-09, 3745-12 to 3745-16, or 3745-
21-18 to 3745-21-29.'' This is acceptable because the emissions subject 
to the additional rules listed are being controlled under those rules.
    (M)(3)(a)(ix)--This paragraph, which excludes fuel burning 
equipment as

[[Page 31919]]

defined in rule 3745-17-01, has been revised to remove the 
identification of the specific paragraph under 3745-17-01 that contains 
the definition of fuel burning equipment.
    (M)(3)(b)--This paragraph requires the owner/operator of a source 
meeting the conditions of this paragraph to notify OEPA of the need to 
include the subject owner/operator, facility ID, and source ID in the 
list of applicable sources under paragraph (M)(1). Paragraph (M)(3)(b) 
has been revised to include the following revisions: (1) ``meeting the 
specifications of paragraph (M)(3)(a) of this rule'' has been revised 
to ``meeting paragraph (M)(3)(a) of this rule''; (2) ``Ohio 
environmental protection agency'' has been revised to ``Ohio EPA''; and 
(3) the time limit for notifying OEPA has been revised from ``within 
ninety days after the effective date of this rule'' to ``by May 18, 
2008.'' This corresponds with the revision in language elsewhere in the 
rule from ``the effective date of this rule'' to ``February 18, 2008.''
    (M)(3)(c)--This paragraph states that any article, equipment, or 
other contrivance that meets any of the conditions of this paragraph 
shall not be subject to the conditions and requirements of paragraphs 
(M)(3)(a) and (M)(3)(b). Paragraph (M)(3)(c) has been revised to 
convert ``subject to the requirements of paragraphs (M)(3)(a) and 
(M)(3)(b)'' to ``subject to paragraphs (M)(3)(a) and (M)(3)(b).''
    (M)(3)(c)(i)--This paragraph provides a source installation time 
cutoff, which has been revised from ``commenced installation after the 
effective date of this rule'' to ``commenced installation after 
February 18, 2008.''
    (M)(3)(c)(vi)--This paragraph exempts a heatset web offset printing 
line that is subject to and complying with a best available technology 
requirement pursuant to rule 3745-31-05, and that specifies the 
dryer(s) is to be equipped with a control device having either a 
control efficiency for organic compound or volatile organic compound 
emissions that is equal to or greater than 90 percent, by weight, or an 
outlet concentration of less than 20 parts per million, by volume, dry 
basis. This condition has been revised to replace ``dryer(s)'' with 
``dryer.''
    (M)(3)(d)--This paragraph exempts specified articles, machines, 
equipment or other contrivances from the requirements of paragraphs 
(M)(3)(a) and (M)(3)(b). The beginning of this paragraph has been 
modified by the conversion of the phrase ``subject to the requirements 
of paragraphs (M)(3)(a) and (M)(3)(b)'' to the phrase ``subject to 
paragraphs (M)(3)(a) and (M)(3)(b).''
    (M)(3)(d)(i)--This paragraph exempts emission units identified in 
the remaining paragraphs in (M)(3)(d) that obtain an alternative 
emission limit or emission control requirement pursuant to paragraph 
(M)(5)(e). Paragraph (M)(3)(d)(x) has been deleted to correct an 
apparent typographical error.
    (M)(3)(d)(iii)--The owner/operator listed in this paragraph has 
been revised from ``The Nylonge Corporation'' to ``3M Elyria'' and to 
remove emissions unit P005 due to permanent shutdown.
    (M)(3)(d)(v)--This paragraph has been modified by the conversion of 
the phrase ``to the levels specified'' to the phrase ``as specified.''
    (M)(3)(d)(vi)--The owner/operator listed in this paragraph has been 
revised from ``Honda Marysville Auto Plant'' to ``Honda of America 
Mfg., Inc., Marysville Auto Plant'' and the subject facility ID has 
been revised from ``0180000130'' to ``0180010193.''
    (M)(3)(d)(vii) and (M)(3)(d)(viii)--These paragraphs have been 
removed due to the permanent shutdown of ``Honda Anna Engine Plant'' 
and ``Florida Production Engineering.''
    (M)(3)(d)(ix)--The owner/operator listed in this paragraph has been 
revised from ``PPG Industries, Barberton Plant'' to ``PPG Industries, 
North Plant'' and the subject facility ID has been revised from 
``1677020009'' to ``1677020163''.
    (M)(3)(e)--This paragraph controls VOC emissions from the 
application of adhesives or other coatings at flock lines at the Cooper 
Standard Automotive, LLC facility in Bowling Green. This rule paragraph 
contains the following rule revisions: (1) Flock line 1 has been 
removed due to permanent shutdown and (2) the emissions units for flock 
lines 2, 3, and 4 have been renumbered to ``P078, P079, and P080 in 
accordance with permit-to-install P0111501.''
    (M)(3)(f)--This paragraph, which controlled the VOC emissions from 
a windshield glass system coating operation at the ``GMC Truck and Bus 
Group Moraine'' facility, has been deleted due to permanent shutdown of 
the facility.
    (M)(3)(g)--This paragraph, except as provided in paragraphs 
(M)(3)(h) and (M)(5), applies to all existing sources located in a 
``Priority I'' county, as identified in rule 3745-21-06 of the Ohio 
Administrative Code and to new sources, as defined in rule 3745-15-01 
of the Ohio Administrative Code, regardless of location, for which 
installation commenced prior to the effective date this rule. This rule 
paragraph has been revised to replace ``the effective date of this 
rule'' with ``February 18, 2008.''
    (M)(3)(h)--This paragraph applied to emissions unit P027 at Venture 
Holdings Corporation--Conneaut Facility (currently known as Continental 
Structural Plastics, facility ID 0204020245). This paragraph was 
removed because the emissions unit is exempt from this rule per OAC 
rule 3745-21-25(A)(3), which states that ``upon achieving compliance 
with this rule, the reinforced plastic composites production operations 
at the facility are not required to meet the requirements of rule 3745-
21-07 of the Administrative Code.''
    (M)(4)--This paragraph, except as provided in paragraph (M)(5) of 
this rule, applies to all existing sources in a ``Priority I'' county, 
as identified in rule 3745-21-06 of the Ohio Administrative Code, and 
to all new sources, as defined in rule 3745-15-01, regardless as 
location, for which installation commenced prior to the effective date 
of this rule. This rule paragraph has been revised to replace ``the 
effective date of this rule'' with ``February 18, 2008.''
    (M)(5) Exemptions.
    (M)(5)(a)--This paragraph states that paragraph (M)(2) shall not 
apply to the use of any cleanup material in any article, machine, 
equipment or other contrivance described in paragraph (M)(2). This rule 
paragraph has been modified by the conversion of the phrase ``The 
provisions of paragraph (M)(2)'' to the phrase ``Paragraph (M)(2).''
    (M)(5)(b)--This paragraph states that paragraphs (M)(2), (M)(3)(a), 
and (M)(4) shall not apply for material used in sources described in 
paragraphs (M)(2), (M)(3)(a), and (M)(4) if the emission is not a VOC. 
This paragraph has been modified by the conversion of the phrase ``The 
provisions of paragraph'' to ``Paragraph.''
    (M)(5)(c)--The beginning of this paragraph has been modified by the 
conversion of the phrase ``The provisions of paragraph'' to 
``Paragraph.''
    (M)(5)(d)--The beginning of this paragraph been modified by the 
conversion of the phrase ``The provisions of paragraph'' to 
``Paragraphs.'' This paragraph contains two exemptions [(M)(5)(d)(i) 
and (ii)] based on the use of low VOC content material. Originally 
these exemptions only applied to paragraph (M)(4). Paragraph (M)(5)(d) 
now also applies these exemptions to paragraphs (M)(1), (M)(2), and 
(M)(3)(a). These exemptions were provided for in a previous SIP-
approved version of the rule but were erroneously omitted in the last 
rule revision. In addition, the beginning of both paragraphs 
(M)(5)(d)(i) and

[[Page 31920]]

(M)(5)(d)(ii) have been revised by converting the phrase ``The volatile 
content of the material described in paragraph (M)(4)'' to the phrase 
``The volatile content of the material used in any article, machine, 
equipment, or other contrivance described in paragraph (M)(1), (M)(2), 
(M)(3)(a) or (M)(4).''
    Note that recordkeeping provisions for these exemptions were also 
added in new paragraph (M)(5)(j) to allow subject emissions units to 
switch between exempt and non-exempt liquid organic materials with 
respect to paragraph (M)(5)(d).
    (M)(5)(e)--The beginning of this paragraph has been modified by the 
conversion of the phrase ``The provisions of paragraphs'' to the phrase 
``Paragraphs.'' This rule paragraph exempts sources from the emission 
controls in rule paragraphs (M)(2), (M)(3)(d), (M)(3)(e), (M)(3)(f), 
(M)(3)(g), (M)(3)(h), and (M)(4) if the conditions contained in 
(M)(5)(e)(i), (ii), and (iii) are met.
    (M)(5)(e)(i)--This condition deals with a situation where best 
available control technology is less stringent than or inconsistent 
with the emission control requirements in rule paragraph (M). A number 
of revisions have been made in this condition, and the revised 
condition now reads as:

    The director has determined that requirements equivalent to best 
available technology for the article, machine, equipment or other 
contrivance is a control requirement or emission limitation that is 
either less stringent than or inconsistent with paragraph (M) of 
this rule. The equivalent best available technology requirement 
shall be consistent with division (F) of section 3704.01 of the 
Revised Code, equivalent to best available technology under rule 
3745-31-05 of the Administrative Code for the purpose of this 
paragraph, shall provide, where a control requirement or emission 
limitation is applicable, the lowest emission limitation that the 
article, machine, equipment or other contrivance is capable of 
meeting by the application of control that is reasonably available 
considering technological and economic feasibility. Also, for 
article, machine, equipment or other contrivance located within an 
ozone nonattainment area, the best available technology 
determination must comply with Section 193 of the Clean Air Act 
amendments of 1990, general savings clause.

    This revision allows sources constructed before 1976 that do not 
trigger the applicability of OAC rule 375-31-05, to voluntarily accept 
best available technology requirements equivalent to those contained 
375-31-05 and thus qualify for the same exemption that subject sources 
can obtain.
    (M)(5)(e)(ii)--This condition applies when EPA has notified OEPA in 
writing, prior to the issuance of a final permit-to-install, that EPA 
has no objection to the issuance of the permit. In this paragraph 
``Ohio environmental protection agency'' has been revised to ``Ohio 
EPA;'' and,
    (M)(5)(e)(iii)--This condition applies where a final permit-to-
install has been issued by OEPA pursuant to Chapter 3745-31 of the 
Administrative Code. In this paragraph, ``Ohio environmental protection 
agency'' has been revised to ``Ohio EPA.''
    (M)(5)(f)--This paragraph provides an exemption from paragraph (M) 
requirements for the use of liquid organic material whose emissions are 
regulated by specified emission control rules. This paragraph has been 
modified by the conversion of the phrase ``The provisions of paragraph 
(M)'' to the phrase ``Paragraph (M).'' The specified emission control 
rule list has been revised to include rules ``3745-21-09, 3745-21-12 to 
3745-21-16, or 3745-21-18 to 3745-21-29 of the Administrative Code.'' 
This revision accounts for the addition of VOC emission control rules 
that now cover some of the sources formerly covered by OAC 3745-21-07.
    (M)(5)(g)--This paragraph exempts sources located in Darke, 
Fairfield, Madison, Perry, Pickaway, Preble, or Union Counties and 
located within facilities having the potential to emit not more than 
100 tons of organic material per year from the requirements of 
paragraphs (M)(3)(a), (M)(3)(b), (M)(3)(g), and (M)(4). The beginning 
of this paragraph has been modified by the conversion of the phrase 
``The provisions of paragraphs'' to ``Paragraphs.''
    (M)(5)(h)--The beginning of this paragraph has been revised from 
``The provisions of paragraph'' to ``Paragraph.''
    (M)(5)(i)--This paragraph been added: ``Paragraph (M)(2) of this 
rule shall not apply to the use of phenolic urethane cold box resin 
binder system in foundry core-making and mold-making operations, 
provided the catalyst gas emissions are vented to a control device that 
is designed and operated to remove at least ninety-eight per cent by 
weight, of the catalyst gas emissions or maintain a maximum catalyst 
gas outlet concentration of one ppmv on a dry basis, whichever is less 
stringent. (In a phenolic urethane cold box resin binder system, sand 
is mixed with a two-part liquid urethane resin binder, and a catalyst 
gas is blown into the resin-coated sand to cause hardening.)'' This 
exemption was contained in a previous SIP-approved version of this 
rule, but was erroneously omitted during the last revision.
    (M)(5)(j)--This paragraph was added to require the owner or 
operator of an article, machine, equipment or other contrivance that is 
exempt per paragraph (M)(5)(d) of this rule to maintain the following 
records for all materials used. This addition ensures the 
enforceability of the rule provisions.
    (M)(5)(j)(i)--The name and identification number of each liquid 
organic material used.
    (M)(5)(j)(ii)--The composition of each material including the 
volatile content by volume percent of water. If exempt because of 
paragraph (M)(5)(d)(i) of this rule then the liquid organic material 
content, except water, relative to the volatile content (per cent by 
volume) or, if exempt because of paragraph (M)(5)(d)(ii) of this rule, 
the volatile content relative to the total material (per cent by 
volume).
    (M)(5)(j)(iii)--All time periods (beginning and ending dates and 
time) for each material that is exempt per paragraph (M)(5)(d) of this 
rule.
    (N) Facility-specific control requirements for waste gas flare 
systems:
    (N)(1)--This paragraph specifies the owners/operators, facility 
IDs, and emission units subject to the control requirements of 
paragraph (N)(2). ``CECOS International'' (facility ID 1413000186) was 
removed from paragraph (N)(1) due to permanent shutdown of the 
facility.
    (N)(3)--The owner/operator listed in this paragraph has been 
revised from ``Aircraft Braking Systems, Corp.'' to ``Meggitt Aircraft 
Braking Systems, Corp.''.

II. What action is EPA taking?

    EPA is approving, as part of Ohio's SIP, OAC rule 3745-21-07, as 
revised, now entitled ``Control of emissions of organic materials from 
stationary sources (i.e., emissions that are not regulated by rule 
3745-21-09, 3745-21-12 to 3745-21-16, or 3745-21-18 to 3745-21-29 of 
the Administrative Code.''
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective September 11, 
2017 without further notice unless we receive relevant adverse written 
comments by August

[[Page 31921]]

10, 2017. If we receive such comments, we will withdraw this action 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on the proposed action. EPA 
will not institute a second comment period. Any parties interested in 
commenting on this action should do so at this time. Please note that, 
if EPA receives adverse comment on an amendment, paragraph, or section 
of this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment. If we do not receive any 
comments, this action will be effective September 11, 2017.

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 proposed amendments to 40 CFR part 52 set 
forth below. 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.\9\ EPA has 
made, and will continue to make, these materials generally available 
through 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).
---------------------------------------------------------------------------

    \9\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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 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 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 September 11, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: June 21, 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

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, the table in paragraph (c) is amended under 
``Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality 
Standards, and Related Emission Requirements'' by revising the entry 
for ``3745-21-07'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

[[Page 31922]]



                                          EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
                                           Ohio effective
     Ohio citation        Title/subject         date                EPA approval date                Notes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Chapter 3745-72 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3745-21-07............  Control of               4/8/2016  7/11/17, [insert Federal Register   .................
                         emissions of                       citation].
                         organic
                         materials from
                         stationary
                         sources (i.e.,
                         emissions that
                         are not
                         regulated by
                         rule 3745-21-09,
                         3745-21-12 to
                         3745-21-16, or
                         3745-21-18 to
                         3745-21-29 of
                         the
                         Administrative
                         Code).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-14400 Filed 7-10-17; 8:45 am]
 BILLING CODE 6560-50-P


