Proposed Rule2024-23140
Air Plan Approval; Ohio; Volatile Organic Compounds
Primary source
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Published
October 7, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a September 28, 2023, State Implementation Plan (SIP) submittal from the Ohio Environmental Protection Agency (Ohio EPA). The SIP submittal consists of a source-specific limitation for a flexographic printing line cold cleaner at the Valgroup company's plastic extrusion plant in Findlay, Ohio. The source-specific limitation reflects the technological differences between the facility's new control unit and established cold cleaner requirements currently established in Ohio's SIP. Ohio EPA has determined that the source-specific limit for the cold cleaner is more stringent than existing cold cleaner limits in the Ohio SIP. The limitation is established through the Ohio SIP for control of emissions of volatile organic compounds (VOCs) from stationary sources and is listed as an enforceable condition in the facility's operating permit, issued by Ohio EPA on July 18, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 194 (Monday, October 7, 2024)</title>
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[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Proposed Rules]
[Pages 81036-81038]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23140]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 194 / Monday, October 7, 2024 /
Proposed Rules
[[Page 81036]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0493; FRL-12089-01-R5]
Air Plan Approval; Ohio; Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a September 28, 2023, State Implementation Plan (SIP) submittal
from the Ohio Environmental Protection Agency (Ohio EPA). The SIP
submittal consists of a source-specific limitation for a flexographic
printing line cold cleaner at the Valgroup company's plastic extrusion
plant in Findlay, Ohio. The source-specific limitation reflects the
technological differences between the facility's new control unit and
established cold cleaner requirements currently established in Ohio's
SIP. Ohio EPA has determined that the source-specific limit for the
cold cleaner is more stringent than existing cold cleaner limits in the
Ohio SIP. The limitation is established through the Ohio SIP for
control of emissions of volatile organic compounds (VOCs) from
stationary sources and is listed as an enforceable condition in the
facility's operating permit, issued by Ohio EPA on July 18, 2023.
DATES: Comments must be received on or before November 6, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0493 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#c9a5a8a7aea4a8a7e7a4a0aaa1a8aca589acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="117d707f767c707f3f7c78727970747d517461703f767e67">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI), Proprietary Business Information (PBI), or other information
whose disclosure is restricted by statute. Multimedia submissions
(audio, video, etc.) must be accompanied by a written comment. The
written comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI, PBI, or multimedia submissions,
and general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777,
<a href="/cdn-cgi/l/email-protection#701d1119150404115e111e04181f1e09301500115e171f06"><span class="__cf_email__" data-cfemail="cfa2aea6aabbbbaee1aea1bba7a0a1b68faabfaee1a8a0b9">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is the background for this action?
The Ohio SIP contains VOC emissions control requirements for
solvent metal cold cleaning (metal parts washing) at Title 3745,
Chapter 21, Rule 09 of the Ohio Administrative Code (OAC 3745-21-09),
more specifically at OAC 3745-21-09(O)(2). On December 27, 2022,
Valgroup applied for a new cold cleaning unit at its Findlay facility
to be added to its operating permit. Paragraphs OAC 3745-21-
09(O)(2)(c)(i) and (ii) of the SIP require the installation of a
freeboard that gives a freeboard ratio greater than or equal to 0.7,
and a water cover with usage of a solvent that is heavier than water.
However, Valgroup's new cold cleaner is not designed in such a way that
these methods could apply to the equipment. In its December 27, 2022,
request, Valgroup indicated that installation of either device as
described in paragraphs OAC 3745-21-09(O)(2)(c)(i) and (ii) was
technically infeasible. Valgroup requested approval of the installation
of a regenerative thermal oxidizer (RTO) to control its new cold
cleaner, as allowed under paragraph OAC 3745-21-09(O)(2)(c)(iii) which
indicates that ``[o]ther systems of equivalent control . . . approved
by the director'' may be installed.
In an April 17, 2023, Equivalent Control Determination letter to
Ohio EPA, Valgroup demonstrated that installation of the requested RTO
would provide a greater control efficiency than available through OAC
3745-21-09(O)(2)(c)(i) and (ii). Upon review of the Equivalent Control
Determination, Ohio EPA agreed with Valgroup's request. Ohio EPA made a
draft permit-to-install available for public comment, with the option
for a commenter to request a public hearing on the permit. The public
comment and hearing request period was held from June 17 to July 17,
2023. No comments were received and no hearing was requested. Ohio EPA
issued the final permit-to-install to Valgroup on July 18, 2023. The
new permit, Ohio EPA permit number P0133504, establishes operating,
recordkeeping, and reporting requirements for the new RTO emissions
unit at the Findley plant (Ohio facility ID 0332010121).
As required in the Ohio SIP for VOCs from stationary sources under
OAC 3745-21-09(B)(2), in order to approve a source-specific control
option under OAC 3745-21-09(O)(2)(c)(iii), the revision must be
submitted to EPA and approved as a revision to the Ohio SIP. On
September 28, 2023, Ohio EPA submitted a request for EPA to approve the
source-specific terms and conditions from Valgroup's July 18, 2023,
permit-to-install into the Ohio SIP, which contains the RTO and its
operating, recordkeeping, and reporting requirements.
II. What is EPA's analysis of the source-specific VOC limit?
The cold cleaning unit is part of a flexographic printing line that
Valgroup submitted a permit application to install in December 2022.
The cold cleaner utilizes a solvent greater than 0.6 pounds per square
inch absolute measured at one hundred degrees
[[Page 81037]]
Fahrenheit to clean parts of the flexographic printing line after use.
The solvent vapor pressure requires Valgroup to comply with one of the
three vapor control measures for cold cleaners outlined in Ohio's SIP
at OAC 3745-21-09(O)(2)(c).
Typically, cold cleaners resemble a large top hinged-lid tank
containing the solvent that metal parts are dipped into to be cleaned.
The distance of the tank's side walls from the solvent surface to the
top edge of the tank is called the freeboard. OAC 3749-21-
09(O)(2)(c)(1) requires cold cleaners to have a `freeboard ratio',
defined as the freeboard height divided by the width of the solvent
area, greater than or equal to 0.7. As indicated in EPA's Office of Air
Quality Planning and Standards Guidelines for Control of Volatile
Organic Emissions from Solvent Metal Cleaning (solvent metal cleaning
control techniques guidelines or CTG), utilization of this freeboard
ratio will result in a 25%-30% VOC control efficiency from the cold
cleaning process. See EPA-450/2-77-022, November 1977.
The cold cleaner that Valgroup proposed to install is not designed
as a top hinged-lid tank containing solvent. Instead, metal parts are
loaded into the empty cleaner via a side door which is then closed. The
solvent is held in a separate storage tank and pumped into the cleaner,
washing the metal parts and draining back into the separate storage
tank. Therefore, there is no volume of liquid solvent in the cold
cleaner to form a freeboard ratio for Valgroup to comply with.
The second compliance option listed at OAC 3745-21-09(O)(2)(c)(2)
requires the source to utilize a solvent that is heavier than water and
then keep a water cover on top of the solvent. As indicated in EPA's
Compilation of Air Pollutant Emissions Factors from Stationary Sources
(AP-42), use of a water cover results in a 55%-69% VOC control
efficiency. However, Valgroup's cold cleaner does not maintain a
constant level of solvent in the wash chamber. As described above, the
solvent is instead drained back into a separate storage tank.
Additionally, in its December 27, 2022, request, Valgroup indicated
that the solvent utilized in the cold cleaner is less dense than water.
Therefore, there is no technically-feasible way for Valgroup's cold
cleaner to comply with the water cover requirement at OAC 3745-21-
09(O)(2)(c)(2).
The third control device compliance option for Valgroup's cold
cleaner, at OAC 3745-21-09(O)(2)(c), is for ``[o]ther systems of
equivalent control . . . approved by the director''. In Valgroup's
December 27, 2022, request, the company proposed an RTO that could meet
an overall VOC destruction efficiency of 88%. The overall VOC
destruction efficiency is based on 90% capture efficiency and 98%
control efficiency between the inlet and outlet of the RTO. The 88%
overall destruction efficiency exceeds the freeboard and water cover
compliance options in OAC 3745-21-09(O)(2)(c). So long as Ohio requires
the Valgroup cold cleaner RTO to meet a control efficiency equivalent
to or better than the freeboard and water cover compliance options, the
RTO is approvable into the Ohio SIP.
Ohio EPA reviewed the proposed RTO's specifications as part of its
examination of Valgroup's December 27, 2022, request and in its July
18, 2023, permit-to-install for Valgroup. Ohio EPA listed the 88%
overall destruction efficiency, 90% capture efficiency, and 98% control
efficiency as terms and conditions for the unit in paragraphs
C.2.b)(1), C.2.b)(1)d., C.2.b)(2), and C.2.b)(2)(d. of the permit-to-
install. The limit is more stringent than the freeboard and water cover
compliance options outlined in 3745-21-09(O)(2)(c) and therefore is
approvable into the Ohio SIP.
In addition to a VOC control requirement, the July 18, 2023,
permit-to-install also contains recordkeeping and reporting
requirements for the RTO. Paragraphs C.2.d) and C.2.d)(1) of the
permit-to-install require Valgroup to maintain a daily log of operating
time for the RTO and monitoring equipment and record all 3-hour periods
of operation when the average combustion temperature in the RTO was
more than 50 degrees Fahrenheit below the average combustion
temperature measured during the unit's most recent compliance test.
Until the unit has been compliance tested, the RTO must be operated and
maintained in accordance with the manufacturer's instructions and
operating manual. Paragraphs C.2.e) and C.2.e)(2) require Valgroup to
submit quarterly summaries of the operating time and 3-hour average
combustion temperatures of the RTO, on a set calendar date schedule.
EPA has determined that the recordkeeping and reporting requirements
for the RTO are appropriate compliance demonstration mechanisms to
ensure that the VOC control requirements are being met, and that these
compliance demonstration requirements are approvable into the Ohio SIP.
III. What action is EPA taking?
EPA is proposing to approve the addition of paragraphs C.2.b)(1),
C.2.b)(1)d., C.2.b)(2), C.2.b)(2)d., C.2.d), C.2.d)(1), C.2.e), and
C.2.e)(2) as listed in the July 18, 2023, permit-to-install for the
Valgroup company into the Ohio SIP.
IV. Incorporation by Reference
In this rulemaking, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference certain provisions of the Ohio Division of Air Pollution
Control Permit-to-Install for Valgroup's Findlay, Ohio plastic
extrusion plant, effective July 18, 2023, as described in section III
of this preamble. EPA has made, and will continue to make, these
documents generally available through <a href="https://www.regulations.gov">https://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 Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
[[Page 81038]]
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rulemaking does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines EJ as ``the fair treatment and meaningful involvement of
all people regardless of race, color, national origin, or income with
respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' EPA further defines
the term fair treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
Ohio EPA did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving EJ
for communities with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 2, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-23140 Filed 10-4-24; 8:45 am]
BILLING CODE 6560-50-P
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