Rule2026-01001
Air Plan Approval; Ohio; 2015 Ozone Moderate Reasonably Available Control Technology
Primary source
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Published
January 20, 2026
Effective
February 19, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to Ohio Administrative Code (OAC) Chapters 3745-21 and 3745- 110 into the Ohio State Implementation Plan (SIP). The Ohio Environmental Protection Agency ("Ohio" or "Ohio EPA") submitted these revisions on March 30, 2022, and supplemented the submittal on February 1, 2023, and August 28, 2023. The EPA is approving parts of OAC Chapters 3745-21 and 3745-110 as satisfying some of the Moderate Volatile Organic Compound (VOC) Reasonably Available Control Technology (RACT) and Nitrogen Oxide (NO<INF>X</INF>) RACT requirements for the Cleveland, OH nonattainment area (Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit counties) under the 2015 ozone National Ambient Air Quality Standard ("NAAQS" or "standard") and as SIP strengthening for Ashtabula County and the Ohio portion of the Cincinnati, OH-KY maintenance area (Butler, Clermont, Hamilton, and Warren counties). The EPA is also approving Table (M)(1) in OAC rule 3745-21-07 into the SIP, with the exception of the row for The Ruscoe Company. Finally, the EPA is approving OAC rule 3745-15-03, submitted by Ohio on February 9, 2023, and supplemented on December 1, 2023, and December 30, 2024. The EPA proposed to approve this action on August 28, 2025 and received two comments.
Full Text
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<title>Federal Register, Volume 91 Issue 12 (Tuesday, January 20, 2026)</title>
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[Federal Register Volume 91, Number 12 (Tuesday, January 20, 2026)]
[Rules and Regulations]
[Pages 2308-2312]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01001]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0352; EPA-R05-OAR-2023-0093; FRL-9995-02-R5]
Air Plan Approval; Ohio; 2015 Ozone Moderate Reasonably Available
Control Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to Ohio Administrative Code (OAC) Chapters 3745-21 and 3745-
110 into the Ohio State Implementation Plan (SIP). The Ohio
Environmental Protection Agency (``Ohio'' or ``Ohio EPA'') submitted
these revisions on March 30, 2022, and supplemented the submittal on
February 1, 2023, and August 28, 2023. The EPA is approving parts of
OAC Chapters 3745-21 and 3745-110 as satisfying some of the Moderate
Volatile Organic Compound (VOC) Reasonably Available Control Technology
(RACT) and Nitrogen Oxide (NO<INF>X</INF>) RACT requirements for the
Cleveland, OH nonattainment area (Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, and Summit counties) under the 2015 ozone National
Ambient Air Quality Standard (``NAAQS'' or ``standard'') and as SIP
strengthening for Ashtabula County and the Ohio portion of the
Cincinnati, OH-KY maintenance area (Butler, Clermont, Hamilton, and
Warren counties). The EPA is also approving Table (M)(1) in OAC rule
3745-21-07 into the SIP, with the exception of the row for The Ruscoe
Company. Finally, the EPA is approving OAC rule 3745-15-03, submitted
by Ohio on February 9, 2023, and supplemented on December 1, 2023, and
December 30, 2024. The EPA proposed to approve this action on August
28, 2025 and received two comments.
DATES: This final rule is effective on February 19, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Nos. EPA-R05-OAR-2022-0352 and EPA-R05-OAR-2023-0093. All
documents in the docket are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a>
website. Although listed in the index, some information is not publicly
available, i.e., Confidential Business Information (CBI), Proprietary
Business Information (PBI), or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Katie Caskey, at
(312) 353-3490 before visiting the Region 5 office.
[[Page 2309]]
FOR FURTHER INFORMATION CONTACT: Katie Caskey, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) (312) 353-3490,
<a href="/cdn-cgi/l/email-protection#1c5f7d6f77796532577d6874707979725c796c7d327b736a"><span class="__cf_email__" data-cfemail="276446544c425e096c46534f4b4242496742574609404851">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background Information
On August 28, 2025 (90 FR 41925), the EPA proposed to approve parts
of OAC Chapters 3745-21 and 3745-110 as satisfying some of the Moderate
VOC RACT requirements of 182(b)(2) and NO<INF>X</INF> RACT requirements
of 182(f) of the Clean Air Act (CAA), respectively, for the Cleveland,
OH nonattainment area under the 2015 ozone standard. The EPA also
proposed to approve OAC 3745-21-11 and 3745-110-03(J) as SIP
strengthening measures for the Cleveland nonattainment area. In
addition, the EPA proposed to approve OAC Chapter 3745-21 and 3745-110-
03(J) as SIP strengthening for Ashtabula County and the Ohio portion of
the Cincinnati, OH-KY maintenance area (Butler, Clermont, Hamilton, and
Warren counties) under the 2015 ozone standard. Finally, the EPA
proposed to approve OAC rule 3745-15-03, which sets forth reporting
requirements for sources in Ohio. An explanation of the CAA
requirements, a detailed analysis of the revisions, and the EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking, and will not be restated here.
II. Public Comments
The EPA provided a 30-day review and comment period for this action
in the Proposal. The comment period ended on September 29, 2025. The
EPA received two comments, which are summarized and addressed below.
Comment: The commenter opposes approval of Ohio's SIP, stating that
``Ohio is a failed state that is unable to clean the air.'' The
commenter further contends that if an area is in nonattainment, the top
100 polluters in the State should be required to shut down until air
quality meets the National Standards.
Response: This action is limited to assessing whether the
regulations submitted by the State of Ohio and associated analysis are
sufficient to meet the requirements under CAA section 182 related to
the requirement to implement reasonably available control technology
for defined emission sources. The commenter has not provided any
information that calls into question the sufficiency of the Ohio SIP at
issue here. This rule fulfills RACT requirements stemming from sections
182(b)(2) and 182(f) of the CAA, which will continue to improve air
quality in the area.
Comment: Ohio EPA requests that the EPA not approve the addition of
``TRC Buyer Co. dba ``The Ruscoe Company'' Plant II'' (fac ID
1677010204) into the Ohio SIP. This facility is listed in the table of
affected facilities in paragraph (M)(1) of OAC rule 3745-21-07, which
regulates facilities using liquid organic materials and requires at
least 85% VOC control efficiency.
In its comment, Ohio EPA noted that the Ruscoe Company's emissions
units were mistakenly retained in the final rulemaking despite Ohio's
intent to remove them. These emissions units--mixers P025, P026, P028,
P030, P031, P032, P033, P034, P035, and P036--perform only mixing and
blending of sealant and adhesive components, with no chemical reactions
occurring.
Response: The EPA acknowledges Ohio's statement that the ``TRC
Buyer Co. dba ``The Ruscoe Company'' Plant II'' (fac ID 1677010204) was
erroneously included in the table of affected sources in OAC R 3745-21-
07(M), and Ohio EPA's intention that these facilities not be subject to
the rule. The EPA further acknowledges Ohio EPA's request that the EPA
not approve the addition of ``TRC Buyer Co. dba ``The Ruscoe Company''
Plant II'' (fac ID 1677010204) into the Ohio SIP. The EPA is therefore
approving OAC R 3745-21-07(M) with the exception of ``TRC Buyer Co. dba
``The Ruscoe Company'' Plant II (fac ID 1677010204)'' in this
rulemaking.
III. What action is the EPA taking?
The EPA is approving parts of OAC Chapters 3745-21 as satisfying
some of the Moderate VOC RACT requirements of 182(b)(2) of the CAA for
the Cleveland, OH nonattainment area under the 2015 ozone standard. The
EPA is approving parts of OAC Chapter 3745-110 as satisfying some of
the Moderate NO<INF>x</INF> RACT requirements of 182(f) of the CAA for
the Cleveland, OH nonattainment area under the 2015 ozone standard. The
EPA is approving OAC 3745-21-11 and 3745-110-03(J) as SIP strengthening
measures for the Cleveland, OH nonattainment area under the 2015 ozone
standard. The EPA is approving OAC Chapter 3745-21 and 3745-110-03(J)
as SIP strengthening for Ashtabula County and the Ohio portion of the
Cincinnati, OH-KY maintenance area under the 2015 ozone standard. The
EPA is approving OAC 3745-21-07(M)(1), except for the row of the table
referencing ``TRC Buyer Co. dba ``The Ruscoe Company'' Plant II'' (fac
ID 1677010204). Finally, the EPA is approving OAC rule 3745-15-03,
which sets forth reporting requirements for sources in Ohio.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Ohio
Regulations described in section III. of this preamble and set forth in
the amendments to 40 CFR part 52 below. The 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). Therefore, these materials have
been approved by the EPA for inclusion in the SIP, have been
incorporated by reference by the 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 the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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, the 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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
[[Page 2310]]
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 the 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 March 23, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: December 18, 2025.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, title 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 by revising
the entries under ``Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon
Air Quality Standards, and under ``Chapter 3745-110--Nitrogen Oxides--
Reasonably Available Control Technology Related Emission Requirements''
to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
EPA--Approved OHIO Regulations
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Ohio
Ohio citation Title/subject effective EPA approval date Notes
date
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* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
----------------------------------------------------------------------------------------------------------------
3745-21-01................. Definitions and 3/27/2022 1/20/2026, 90 FR
incorporation by [Insert Federal
reference. Register page where
the document begins].
3745-21-02................. Ambient air quality 8/25/2008 7/28/2009, 74 FR 37171
standards and
guidelines.
3745-21-03................. Methods of ambient air 10/15/2015 9/8/2017, 82 FR 42451.
quality measurement.
3745-21-04................. Compliance time 3/27/2022 1/20/2026, 90 FR
schedules. [Insert Federal
Register page where
the document begins].
3745-21-06................. Classification of 8/25/2008 7/28/2009, 74 FR 37171 3745-21-06.
regions.
3745-21-07................. Control of emissions 3/27/2022 1/20/2026, 90 FR All except the entry
of organic materials [Insert Federal for ``TRC Buyer Co.
from stationary Register page where dba ``The Ruscoe
sources (i.e., the document begins]. Company'' Plant II''
emissions that are in table (M)(1)
not regulated by rule Emissions Units under
3745-21-09, 3745-21- OAC 3745-21-07(M)(1).
12 to 3745-21-16, or
3745-21-18 to 3745-21-
29 of the
Administrative Code).
3745-21-08................. Control of carbon 10/15/2015 9/8/2017, 82 FR 42451. 3745-21-08.
monoxide emissions
from stationary
sources.
3745-21-09................. Control of emissions 3/27/2022 1/20/2026, 90 FR
of volatile organic [Insert Federal
compounds from Register page where
stationary sources the document begins].
and perchloroethylene
from dry cleaning
facilities.
3745-21-10................. Compliance test 3/27/2022 1/20/2026, 90 FR
methods and [Insert Federal
procedures. Register page where
the document begins].
[[Page 2311]]
3745-21-11................. Reasonably available 3/27/2022 1/20/2026, 90 FR
control technology [Insert Federal
studies for non-CTG. Register page where
Sources in ozone the document begins].
nonattainment areas.
3745-21-12................. Control of volatile 10/15/2015 9/8/2017, 82 FR 42451.
organic compound
emissions from
commercial bakery
oven facilities.
3745-21-13................. Control of volatile 10/15/2015 9/8/2017, 82 FR 42451.
organic compound
emissions from
reactors and
distillation units
employed in SOCMI
chemical production.
3745-21-14................. Control of volatile 10/15/2015 9/8/2017, 82 FR 42451.
organic compound
emissions from
process vents in
batch operations.
3745-21-15................. Control of volatile 3/27/2022 1/20/2026, 90 FR
organic compound [Insert Federal
emissions from wood Register page where
furniture the document begins].
manufacturing
operations.
3745-21-16................. Control of volatile 10/15/2015 9/8/2017, 82 FR 42451.
organic compound
emissions from
industrial wastewater.
3745-21-17................. Portable fuel 10/15/2015 9/8/2017, 82 FR 42451.
containers.
3745-21-18................. Commercial motor 3/27/2022 1/20/2026, 90 FR
vehicle and mobile [Insert Federal
equipment refinishing Register page where
operations. the document begins].
3745-21-19................. Control of volatile 3/27/2022 1/20/2026, 90 FR
organic compound [Insert Federal
emissions from Register page where
aerospace the document begins].
manufacturing and
rework facilities.
3745-21-20................. Control of volatile 3/27/2022 1/20/2026, 90 FR
organic emissions [Insert Federal
from shipbuilding and Register page where
ship repair the document begins].
operations (marine
coatings).
3745-21-21................. Storage of volatile 3/27/2022 1/20/2026, 90 FR
organic liquids in [Insert Federal
fixed roof tanks and Register page where
external floating the document begins].
roof tanks.
3745-21-22................. Control of volatile 3/27/2022 1/20/2026, 90 FR
organic compound [Insert Federal
emissions from offset Register page where
lithographic printing the document begins].
and letterpress
printing facilities.
3745-21-23................. Control of volatile 3/27/2022 1/20/2026, 90 FR
organic compound [Insert Federal
emissions from Register page where
industrial solvent the document begins].
cleaning operations.
3745-21-24................. Flat wood paneling 3/27/2022 1/20/2026, 90 FR
coatings. [Insert Federal
Register page where
the document begins].
3745-21-25................. Control of VOC 3/27/2022 1/20/2026, 90 FR
emissions from [Insert Federal
reinforced plastic Register page where
composites production the document begins].
operations.
3745-21-26................. Surface coating of 3/27/2022 1/20/2026, 90 FR
miscellaneous metal [Insert Federal
and plastic parts. Register page where
the document begins].
3745-21-27................. Boat manufacturing.... 3/27/2022 1/20/2026, 90 FR
[Insert Federal
Register page where
the document begins].
3745-21-28................. Miscellaneous 3/27/2022 1/20/2026, 90 FR
industrial adhesives [Insert Federal
and sealants. Register page where
the document begins].
3745-21-29................. Control of volatile 3/27/2022 1/20/2026, 90 FR
organic compound [Insert Federal
emissions from Register page where
automobile and light- the document begins].
duty truck assembly
coating operations,
heavier vehicle
assembly coating
operations, and
cleaning operations
associated with these
coating operations.
[[Page 2312]]
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Chapter 3745-110--Nitrogen Oxides--Reasonably Available Control Technology
----------------------------------------------------------------------------------------------------------------
3745-110-01................ Definitions........... 3/25/2022 1/20/2026, 90 FR
[Insert Federal
Register page where
the document begins].
3745-110-02................ Applicability......... 3/25/2022 1/20/2026, 90 FR
[Insert Federal
Register page where
the document begins].
3745-110-03................ RACT requirements and/ 3/25/2022 1/20/2026, 90 FR
or limitations for [Insert Federal
emissions of NOX from Register page where
stationary sources. the document begins].
3745-110-04................ Compliance Deadlines.. 3/25/2022 1/20/2026, 90 FR
[Insert Federal
Register page where
the document begins].
3745-110-05................ Compliance Methods.... 3/25/2022 1/20/2026, 90 FR
[Insert Federal
Register page where
the document begins].
* * * * * * *
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* * * * *
0
3. In Sec. 52.1870, the table in paragraph (d) is amended by adding a
new entry for ``Smallwood'' after the entry for ``Reilly Industries,
Inc'' and a new entry for ``Wylie Compressor'' after the entry for
``Wheeling-Pittsburg Steel Corporation'' to read as follows:
(d) * * *
EPA--Approved Ohio Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
Ohio
Name of source No. effective EPA approval date Comments
Date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Smallwood......................... P0130909 11/10/2021 1/20/2026, 90 FR [Insert Only sections
Federal Register page C.1.b)(1)e.,
where the document C.1.b)(2)b., C.1.c)(3),
begins]. C.1.d)(7) and
C.1.e)(5).
* * * * * * *
Wylie Compressor.................. P0129069 11/10/2021 1/20/2026, 90 FR [Insert Only sections
Federal Register page C.1.b)(1)e.,
where the document C.1.b)(2)a., C.1.c)(2),
begins]. C.1.d)(2) and
C.1.e)(4).
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* * * * *
[FR Doc. 2026-01001 Filed 1-16-26; 8:45 am]
BILLING CODE 6560-50-P
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