[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Proposed Rules]
[Pages 4835-4838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1771]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0036; FRL-9258-8]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Volatile Organic Compound Reinforced Plastics Composites
Production Operations Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a new rule for the control of
volatile organic compound (VOC) emissions from reinforced plastic
composites production operations to Ohio's State Implementation plan
(SIP). This rule applies to any facility that has reinforced plastic
composites production operations. This rule is approvable because it
satisfies the requirements for reasonably available control technology
(RACT) under the Clean Air Act (CAA).
DATES: Comments must be received on or before February 28, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0036, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 692-2511.
Mail: John Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
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business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0036. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov website
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment.
If you send an e-mail comment directly to EPA without going through
http://www.regulations.gov your e-mail address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses. For additional instructions on submitting comments, go to
Section I of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This Facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. We recommend that you telephone Steven Rosenthal,
Environmental Engineer, at (312) 886-6052 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What should I consider as I prepare my comments for EPA?
II. What action is EPA taking today and what is the purpose of this
action?
III. What is EPA's analysis of Ohio's reinforced plastics composites
rule?
IV. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What action is EPA taking today and what is the purpose of this
action?
EPA is proposing to approve into Ohio's SIP new rule OAC 3745-21-25
``Control of VOC Emissions from Reinforced Plastic Composites
Production Operations.'' This rule was submitted by the Ohio EPA to EPA
on November 10, 2010, and contains requirements that satisfy RACT
standards for VOC emissions from reinforced plastic composites
production operations. This rule is needed to establish VOC RACT
requirements for such operations to replace the requirements contained
in OAC rule 3745-21-07 (Control of emissions of organic materials from
stationary sources) because 3745-21-07 has been revised by Ohio, and
the revised rule (which is the subject of a separate Federal Register
action) excludes reinforced plastic composites production operations.
III. What is EPA's analysis of Ohio's reinforced plastics composites
rule?
As discussed below, this rule satisfies RACT requirements and is
consistent with the CAA and EPA regulations. A general discussion of
the main elements of OAC 3745-21-25 (Control of VOC emissions from
reinforced plastic composites production operations) follows:
3745-21-25(A) Applicability
(A)(1)--This rule applies to any facility that has reinforced
plastic composites production operations, except as otherwise provided
in paragraph (A)(2).
(A)(2)--This paragraph exempts any facility in which potential VOC
emissions from all reinforced plastic composites production operations
combined is 10.0 tons per year or less and requires that up-to-date
records be kept of the potential to emit VOC from all reinforced
plastic composites production operations. However, consistent with
EPA's once in/always in policy, this exclusion is not available for any
facility that has, or once had, a potential to emit for VOC equal to or
greater than 10.0 tons per year for all reinforced plastic composites
production operations combined on or after December 14, 2010 (12 months
from the effective date of an earlier version of this rule).
(A)(3)--Upon achieving compliance with this rule, the reinforced
plastic composites production operations at the facility are not
required to meet the requirements of 3745-21-07, which is Ohio's
general rule for the control of organic materials from stationary
sources that are not controlled by another specific VOC RACT rule. This
exemption from 3745-21-07 is appropriate because 3745-21-25 contains
VOC RACT requirements specific to reinforced plastic composites
production operations, whereas 3745-21-07 is a general rule that covers
a number of source categories.
However, the applicability cutoff of 3745-21-07 is 8 lbs/hour or 40
pounds/day as compared to a 25 tons VOC/year cutoff for the control
requirements of 3745-21-25 for sheet molding compound (SMC)
manufacturing operations. The main purpose of this
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rule is the control of such SMC operations because SMC machines were
previously covered by 3745-21-07. Ohio EPA submitted a October 25,
2010, demonstration under section 110(l) of the CAA that the less
stringent applicability cutoff in 3745-21-25 does not interfere with
attainment of the National Ambient Air Quality Standards, nor interfere
with any other requirement of the CAA. Ohio documented that the worst
case maximum theoretical increase in uncontrolled emissions is 159 tons
of VOC/year, but that the actual emission increase from this change in
applicability cutoffs would be 7.1 tons of VOC/year.
In December, 2007, Ohio EPA promulgated rules in OAC Chapter 3745-
110, ``NOX RACT.'' These rules addressed the control of
emissions of oxides of nitrogen (NOX) from stationary
sources such as boilers, combustion turbines, and stationary internal
combustion engines. The rules were made applicable as an attainment
strategy in the Cleveland-Akron-Lorain ozone moderate nonattainment
area. On September 15, 2009, EPA redesignated the Cleveland-Akron-
Lorain metropolitan area as attainment for the 1997 8-hour ozone NAAQS.
At the same time, EPA approved a waiver, for this area, from the
NOX RACT requirements of section 182(f) of the CAA. Ohio's
NOX RACT rules are, therefore, surplus and can be used to
offset any increase in emissions from SMC machines in Ohio. Ohio
obtained 538 tons NOX/year actual (and surplus) emission
reductions from the Arcelor-Mittal facility as a result of the
installation of low NOX burners in its three reheat
furnaces. The requirement for these low NOX burners is
permanent and enforceable because they are needed to comply with OAC
3745-110, Ohio's NOX RACT rule. In the Cleveland-Akron-
Lorain area, the ratio of NOX emissions to VOC emissions is
approximately 1.36 pounds NOx/pound VOC. Applying this factor, the VOC
offset potential for the Arcelor-Mittal facility NOX
reductions is 396 tons VOC/year.
3745-21-25(B) Definitions--The definitions applicable to this rule
are contained in paragraph (GG) of (OAC) Rule 3745-21-01. These
definitions clearly and adequately define those terms which are needed
to understand, and implement, the requirements contained in this rule.
3245-21-25(C) Affected operations--This section lists those
reinforced plastic composites production operations subject to this
rule such as open molding; compression/injection molding; and
centrifugal casting. All of the appropriate affected operations are
listed in this section. Of particular note are SMC manufacturing
operations, a source category for which there are a number of sources
previously covered by 3745-21-07. The main pollutant from reinforced
plastic composites manufacturing operations is styrene, which is both a
VOC and a hazardous air pollutant. Except for SMC machines, the other
reinforced plastic composites manufacturing operations are adequately
controlled by the National Emission Standards for Hazardous Air
Pollutants: Reinforced Plastic Composites Production. (40 CFR part 63
subpart WWWW)
3245-21-25(D) VOC Control requirements--All affected operations
must meet the work practice standards in Table 1 of this rule. If the
combination of all reinforced plastic composites operations at a
facility emits less than 100 tons of VOC per year, then the affected
operations must meet the emission limits in Table 2 of this rule. If
the combination of all reinforced plastic composites operations at a
facility emits 100 tons or more of VOC per year, then the affected
operations must reduce the total VOC emissions from these operations by
at least 95 percent or, as an alternative, meet the VOC emission limits
in Table 3 of this rule. Also, any SMC machine with uncontrolled VOC
emissions of 25.0 tons or more per rolling 12-month period must be
controlled by a VOC emission control system that reduces the VOC
emissions from the SMC manufacturing machine by at least 95 percent. A
provision of the rule allows for a site-specific alternative
requirement if approved by EPA. These control requirements and
applicability cutoffs are consistent with RACT.
3745-21-25(E) Emission factor determination--This section provides
acceptable procedures for determining emission factors to determine
compliance with certain VOC emission limits in table 2 and table 3 of
this rule and to calculate VOC emissions. Emission factors approved by
EPA, such as the emission factors in AP-42, may be used in lieu of a
stack test. However, if a stack test is used the stack test results
would supersede any published emission factors. In order to determine
the monomer content of resins and gel coats, information provided by
the material manufacturer, such as manufacturer's formulation data and
material safety data sheets, may be relied upon unless contradicted by
actual measurement results.
3745-21-25(F) Calculation of facility's VOC emission threshold--
This section establishes the procedures, including use of a calculated
emission factor and conducting performance testing, for calculating the
facility's VOC emissions threshold in tons per year for purposes of
determining which requirements apply under paragraph (D) of this rule.
3745-21-25(G)-(I)--These paragraphs provide acceptable options for
meeting the VOC emissions limits for open molding and centrifugal
casting operations, continuous lamination/casting operations, and
pultrusion operations.
3745-21-25(J)-(K)--These paragraphs apply to wet out area(s) and
oven(s) for continuous lamination/casting operations. Paragraph (J)
provides an acceptable method for calculating the annual uncontrolled
and controlled VOC emissions from these operations, and paragraph (K)
provides an acceptable method for determining the capture efficiency of
the enclosure of the wet-out area and the capture efficiency of
ovens(s) from these operations.
3745-21-25(L)-(N)--These paragraphs provide acceptable procedures
for calculating how much gel coat and resin is applied to the line and
also for calculation of the percent reduction and a VOC emission factor
to demonstrate compliance for continuous lamination/casting operations.
3745-21-25(O) Demonstration of Continuous compliance--This
paragraph provides acceptable methods for establishing continuing
compliance with each VOC control requirement in paragraph (D) of this
rule that applies to the affected operations.
3745-21-25(P) Recordkeeping requirements--This paragraph
establishes sufficient recordkeeping requirements to determine a
facility's applicability and compliance status including all data,
assumptions, and calculations used to determine monomer contents and
VOC emission factors. There are also specific recordkeeping
requirements for SMC manufacturing machines in paragraph (P)(2).
3745-21-25(Q) Reporting requirements--Semiannual compliance status
reports are required for any reinforced plastic composites production
operations subject to this rule. These compliance status reports must
state that there were no deviations from VOC emission limitations,
operating limits, or work practice standards during the reporting
period. If such a deviation does occur, then detailed information is
required on the deviation(s).
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3745-21-25(R) Compliance dates--This paragraph requires affected
operations for which installation commenced before December 14, 2009
(the effective date of an earlier version of this rule) to comply with
the requirements of this rule by 12 months from December 14, 2009. Any
affected operation for which installation commenced after December 14,
2009, must comply upon initial startup of the affected operation. These
are reasonable compliance dates.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 14, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-1771 Filed 1-26-11; 8:45 am]
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