Proposed Rule2023-17337
Air Plan Approval; Ohio; Volatile Organic Compounds
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 14, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a May 12, 2022, State Implementation Plan (SIP) submittal from the Ohio Environmental Protection Agency (OEPA). This SIP submittal consists of a source- specific limitation for certain process lines at Forest City Technologies, Plant 4, in Wellington, Ohio. The source-specific limitation reflects the lowest rate possible for the facility given technological and cost considerations. The source-specific limitation is established through the Ohio SIP, per the Ohio Administrative Code (OAC), and listed as an enforceable condition in the facility's operating permit, issued by OEPA on June 23, 2020.
Full Text
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<title>Federal Register, Volume 88 Issue 155 (Monday, August 14, 2023)</title>
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[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54996-54998]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17337]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0442; FRL-10601-01-R5]
Air Plan Approval; Ohio; Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection
Agency (EPA) is proposing to approve a May 12, 2022, State
Implementation Plan (SIP) submittal from the Ohio Environmental
Protection Agency (OEPA). This SIP submittal consists of a source-
specific limitation for certain process lines at Forest City
Technologies, Plant 4, in Wellington, Ohio. The source-specific
limitation reflects the lowest rate possible for the facility given
technological and cost considerations. The source-specific limitation
is established through the Ohio SIP, per the Ohio Administrative Code
(OAC), and listed as an enforceable condition in the facility's
operating permit, issued by OEPA on June 23, 2020.
DATES: Comments must be received on or before September 13, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0442 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#13717f72787f766a3d63727e767f72537663723d747c65"><span class="__cf_email__" data-cfemail="197b757872757c60376978747c7578597c6978377e766f">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
<a href="/cdn-cgi/l/email-protection#5538343c302121347b343b213d3a3b2c153025347b323a23"><span class="__cf_email__" data-cfemail="7c111d151908081d521d1208141312053c190c1d521b130a">[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 and
facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is the background for this action?
On October 30, 2020, EPA approved OAC 3745-21-28(C)(4) into the
Ohio SIP which allows for the establishment of source-specific volatile
organic compound (VOC) emissions limits for industrial adhesive and
sealant application units when the otherwise applicable emission limit
is determined to be technically and/or economically infeasible. This
rule provides specific conditions for Ohio to determine and approve
source-specific VOC reasonably available control technology (RACT)
emissions limits for production of miscellaneous industrial adhesives
and sealants on a case-by-case basis. The source-specific VOC limit is
established as an emissions rate or overall percent reduction,
typically specified in the facility's final permit-to-install or
permit-to-install and operate.
There are several criteria necessary for establishing the source-
specific VOC limit under OAC 3745-21-28(C)(4). OEPA must make a
determination that the otherwise applicable VOC limit is technically or
economically infeasible. The source-specific VOC limit must be the
lowest rate possible considering technological and economic feasibility
for the process involved. The source-specific VOC limit must then be
approved by the EPA into the Ohio SIP.
On June 23, 2020, Ohio determined that Forest City Technologies'
encapsulated adhesive coating process equipment met the criteria for a
source-specific VOC limit. In the time between renewal of the operating
permit for Forest City Technologies, Ohio EPA adopted a VOC RACT limit
of 0.3 pounds per gallon (lb/gal) into the Ohio SIP in Table 1 of OAC
3745-21-28(C)(1) for adhesives applied to a metal substrate. The 0.3
lb/gal VOC RACT limit reflects the limit identified in
[[Page 54997]]
EPA's Control Techniques Guidelines (CTG) for Miscellaneous Industrial
Adhesives, specifically for the category of ``adhesives applied to a
metal substrate''. The VOC RACT limit was determined to be the closest
existing category comparable to the encapsulated adhesive coatings
manufactured at Forest City Technologies. Subsequently, when renewing
their operating permit, Forest City Technologies indicated to Ohio that
because of technical and economic infeasibility, it was not able to
meet a 0.3 pounds per gallon (lb/gal) VOC RACT limit.
As discussed in the next section, EPA finds that in its June 23,
2020, determination, Ohio adhered to the SIP-approved criteria in OAC
3745-21-28(C)(4) to establish a source-specific emission limit for the
encapsulated adhesive coating process at Forest City Technologies.
II. What is EPA's analysis of the source-specific VOC SIP limit?
Forest City Technologies is a manufacturer of encapsulated
adhesive-coated screws and fasteners, primarily for the automotive
industry, located in Lorain County. The encapsulated adhesive-coated
screws and fasteners meet materials specifications set forth by the
company's automotive manufacturing and OEM auto parts manufacturing
customers related to safety, based on the screws' ability to remain
secured to metal automotive components. The encapsulated adhesive-
coated screws and fasteners use the mechanical force of securing the
screws and fasteners to break the encapsulation, adhering them to the
metal automotive components. The encapsulated adhesive coating helps
ensure that the screws stay secured longer than uncoated screws under
stress and load situations that automobiles and OEM automotive parts
are subject to during use.
The safety and application specifications from Forest City
Technologies' customers limit the company's ability to meet the 0.3 lb/
gal VOC RACT limit for adhesives applied to a metal substrate. If
Forest City were to meet the 0.3 lb/gal VOC RACT limit, the adhesive
would not meet its customers specifications. Additionally, the 2008
miscellaneous industrial adhesives CTG did not consider an encapsulated
adhesive coating product at the time. However, discussions between
industry and EPA determined that the 0.3 lb/gal VOC RACT limit in OAC
3745-21-28(C)(1) for adhesives applied to a metal substrate is the
closest existing category comparable to the encapsulated adhesive
coatings manufactured at Forest City Technologies. Therefore, Forest
City Technologies requested a source-specific VOC limit and provided
Ohio with the information necessary to make such a determination.
Ohio considered that Forest City Technologies is a smaller
facility; even with a potential to emit up to 65.5 tons per year of
VOC, the actual VOC emissions from the facility were no greater than
5.533 tons per year for the most recent 5-year period of emissions
reported to Ohio at the time of the source-specific limit request.
As part of its request for a source-specific limit, Forest City
Technologies determined the cost effectiveness of installing control
equipment to meet the 0.3 lb/gal VOC RACT limit for adhesives applied
to a metal substrate, and submitted it to Ohio. The cost effectiveness
review shows that at the facility's full potential-to-emit, the cost to
control VOC from the encapsulated adhesive process using the lowest-VOC
raw materials available to meet their customers' specifications as
approximately $12,750 per ton, well over Ohio's VOC RACT consideration
level of $5,500 per ton.
After reviewing information from Forest City Technologies about the
materials used in the encapsulated adhesive coating process, Ohio
determined that Forest City Technologies is able to utilize an adhesive
that would limit VOC emissions to a rate of 1.91 lb/gal when utilized
in the process. The adhesive would also satisfy the specifications for
Forest City Technologies' customers. The adhesive was not subject to
any Ohio VOC rules at the time, adding further consideration to a
source-specific limit for the facility.
By considering the unique nature of the encapsulated adhesive
process, the financial considerations for the facility, and the
technological limitations for the manufacturing materials, Ohio
determined that the lowest source-specific VOC RACT emissions rate
possible for Forest City Technologies is 1.91 lb/gal, excluding water
and exempt solvents.
Ohio approved the 1.91 lb/gal source-specific VOC limit for Forest
City Technologies by issuing a final operating permit to the facility
on June 23, 2020. The final permit contains the source-specific VOC
RACT limit of 1.91 lb/gal for the Dip Spin Unit #2 with drying oven
(unit K010) at paragraph C.1.b)(1)e., and for the Emissions Unit Group-
Coaters \1\ at Paragraph C.2.B)(1)e.. The final operating permit
contains testing requirements for compliance with the source-specific
limit at Paragraph C.1.f)(1)d. for the Dip Spin Unit #2 with drying
oven, and at Paragraph C.2.f)(1)d. for the Emissions Unit Group-
Coaters.
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\1\ Emissions Unit Group--Coaters consists of units K007, K009,
K014, K015, K016, K017, K018, K019, K020, K021, K022, K023, K024,
K025, K026, K028, K029, K030, K031, K032, K033, K034, K036, K037,
and K051 at the Forest City Technologies facility.
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The final operating permit also contains recordkeeping and
reporting requirements for the Dip Spin Unit #2 with drying oven at
Paragraph C.1.d)(3) and Paragraph C.1.e)(1)c.. The recordkeeping and
reporting requirements for the Emissions Unit Group-Coaters are located
at Paragraph C.2.d)(4) and Paragraph C.2.e)(3)b. of the final Forest
City Technologies permit.
In its May 12, 2022, submittal, Ohio states that it provided
opportunity for public participation on its proposed approval of a
source-specific VOC emission limit for Forest City Technologies
contained in the operating permit for the facility. The comment period
for the proposed approval opened on May 15, 2020, and ended on June 14,
2020. No comments were received.
Based on its review of Ohio's May 12, 2022, submittal, EPA finds
that the source-specific VOC limit of 1.91 lb/gal, excluding water and
exempt solvents is RACT for the applicable process lines at Forest City
Technologies and is approving that limit, as contained in the June 23,
2020, operating permit issued by Ohio, into the Ohio SIP. EPA finds
that the source-specific VOC RACT limits are consistent with the
requirements of 110(l) of the CAA because the source-specific limits
were incorporated through Ohio EPA's existing SIP mechanism, which is
outlined at OAC 3745-21-28(c)(4). This revision is not a relaxation to
the SIP and therefore will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the CAA. EPA also finds that the
testing, reporting, and recordkeeping requirements for Forest City
Technologies contained in the June 23, 2020, operating permit are
approvable into the Ohio SIP.
III. What action is EPA taking?
EPA is proposing to approve the addition of paragraphs C.1.b)(1)e.,
C.1.d)(3), C.1.e)(1)c., C.1.f)(1)d., C.2.b)(1)e., C.2.d)(4),
C.2.e)(3)b., and C.2.f)(1)d. as listed in the June 23, 2020, operating
permit for Forest City Technologies into Ohio's SIP.
[[Page 54998]]
IV. Incorporation by Reference
In this rule, 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 and Operate for Forest City Technologies
Plant 4, effective June 23, 2020, as described in Section III. of this
preamble. EPA has made, and will continue to make, these documents
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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 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:
<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), 13563 (76 FR 3821, January 21, 2011), 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);
<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 CAA.
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).
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 minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (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.''
OEPA did not evaluate environmental justice 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
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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 8, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-17337 Filed 8-11-23; 8:45 am]
BILLING CODE 6560-50-P
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