Proposed Rule2026-03931
Air Plan Approval; Ohio; Source-Specific Non-CTG RACT and SIP Strengthening for Ohio
Primary source
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Published
February 27, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve source-specific State Implementation Plan (SIP) revisions submitted by Ohio. These revisions address major source volatile organic compound (VOC) and nitrogen oxide (NO<INF>X</INF>) reasonably available control technology (RACT) requirements for the Cleveland, OH Moderate nonattainment area under the 2015 ozone National Ambient Air Quality Standard (NAAQS or standard). The affected facilities include PPG Industries Ohio, Inc. (PPG), Owens Corning, Akron Paint and Varnish, Charter Steel, U.S. Steel Tubular Lorain, Carmeuse Lime, and Ross Incineration. The EPA is also proposing to approve source-specific SIP revisions for General Electric Aviation Evendale and Tyson Foods for the Cincinnati maintenance area under the 2015 ozone standard. Finally, the EPA is proposing to rescind the source-specific VOC RACT rule for Formica Corporation since it is subject to an equivalent CTG-based rule in the Ohio Administrative Code (OAC).
Full Text
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<title>Federal Register, Volume 91 Issue 39 (Friday, February 27, 2026)</title>
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[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Proposed Rules]
[Pages 9771-9778]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03931]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2025-0032; FRL-13008-01-R5]
Air Plan Approval; Ohio; Source-Specific Non-CTG RACT and SIP
Strengthening for Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve source-specific State Implementation
[[Page 9772]]
Plan (SIP) revisions submitted by Ohio. These revisions address major
source volatile organic compound (VOC) and nitrogen oxide
(NO<INF>X</INF>) reasonably available control technology (RACT)
requirements for the Cleveland, OH Moderate nonattainment area under
the 2015 ozone National Ambient Air Quality Standard (NAAQS or
standard). The affected facilities include PPG Industries Ohio, Inc.
(PPG), Owens Corning, Akron Paint and Varnish, Charter Steel, U.S.
Steel Tubular Lorain, Carmeuse Lime, and Ross Incineration. The EPA is
also proposing to approve source-specific SIP revisions for General
Electric Aviation Evendale and Tyson Foods for the Cincinnati
maintenance area under the 2015 ozone standard. Finally, the EPA is
proposing to rescind the source-specific VOC RACT rule for Formica
Corporation since it is subject to an equivalent CTG-based rule in the
Ohio Administrative Code (OAC).
DATES: Comments must be received on or before March 30, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2025-0032 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#660714140748150714070e2603160748010910"><span class="__cf_email__" data-cfemail="0e6f7c7c6f207d6f7c6f664e6b7e6f20696178">[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. The 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. The 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: Katie Caskey, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490,
<a href="/cdn-cgi/l/email-protection#385b594b535d411653594c50545d5d56785d4859165f574e"><span class="__cf_email__" data-cfemail="a4c7c5d7cfc1dd8acfc5d0ccc8c1c1cae4c1d4c58ac3cbd2">[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 the EPA.
Table of Contents
I. RACT Requirements
II. History of the Cleveland and Cincinnati Nonattainment Areas
Under the 2015 Ozone NAAQS
III. History of Ohio's VOC and NO<INF>X</INF> RACT Regulations
IV. What is the EPA proposing?
V. PPG Industries Ohio, Inc.
VI. Formica
VII. Owens Corning
VIII. GE Evendale
IX. Akron Paint and Varnish
X. Tyson Foods
XI. U.S. Steel Tubular Lorain
XII. Charter Steel
XIII. Carmeuse Lime
XIV. Ross Incineration
XV. What action is the EPA taking?
XVI. Incorporation by Reference
XVII. Statutory and Executive Order Reviews
I. RACT Requirements
VOCs and NO<INF>X</INF> contribute to the production of ground-
level ozone, or smog, which harms human health and the environment. The
EPA defines RACT as the lowest emission limit that a particular source
is capable of meeting by the application of control technology that is
reasonably available considering technological and economic
feasibility.\1\
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\1\ See Memorandum from Roger Strelow, Assistant Administrator
for Air and Waste Management, U.S. EPA, to Regional Administrators,
U.S. EPA, ``Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas'' (Dec. 9, 1976); see also 44 FR
53761, 53762 (September 17, 1979).
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Sections 182(b)(2) and 182(f) of the Clean Air Act (CAA), when
taken together, require States to implement RACT for VOC and
NO<INF>X</INF> in ozone nonattainment areas classified as Moderate (and
higher). Specifically, these areas are required to implement RACT for
all sources covered by a Control Techniques Guideline (CTG) \2\
document, and for all major sources of VOCs and NO<INF>X</INF> in the
area. For the purpose of RACT in Moderate ozone nonattainment areas,
major sources of VOCs and NO<INF>X</INF> are those not covered by the
applicability criteria in the CTGs (non-CTG) with the potential to emit
(PTE) at least 100 tons per year.
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\2\ CTGs provide recommendations to inform State, local, and
Tribal air agencies as to what constitutes RACT for categories of
VOC sources.
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To address non-CTG RACT requirements, Ohio adopted OAC rules 3745-
21-11 and 3745-110-03(J), which require major VOC and NO<INF>X</INF>
sources that are not covered by a CTG to submit detailed source-
specific RACT studies analyzing the technological and economic
feasibility of each available control measure. The purpose of these
RACT studies is to provide technical support for Ohio's RACT
determinations. Ohio EPA evaluated the information provided in the
required studies, made a RACT determination for each major source, and
submitted the RACT determinations to the EPA for incorporation into the
Ohio SIP.
II. History of Cleveland and Cincinnati Nonattainment Areas Under the
2015 Ozone NAAQS
On June 4, 2018 (83 FR 25776), the EPA designated the Cleveland, OH
nonattainment area and the Ohio portion of the Cincinnati, OH-KY
nonattainment area as Marginal nonattainment areas for the 2015 ozone
NAAQS. The Cleveland, OH nonattainment area consists of Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage, and Summit counties while the
Ohio portion of the Cincinnati, OH-KY nonattainment area consists of
Butler, Clermont, Hamilton, and Warren counties. On April 13, 2022 (87
FR 21849), pursuant to section 181(b)(2) of the CAA, the EPA proposed
to determine that the Cleveland, OH nonattainment area failed to attain
the 2015 ozone NAAQS by the August 3, 2021, Marginal area attainment
deadline and thus proposed to reclassify the area from Marginal to
Moderate nonattainment. In that action, the EPA proposed to establish
January 1, 2023, as the due date for the State to submit all Moderate
area nonattainment plan SIP requirements applicable to newly
reclassified areas. The Ohio portion of the Cincinnati OH-KY 2015 ozone
nonattainment area attained the 2015 ozone standard based on the 2019-
2021 design value, and the area was redesignated to attainment
effective June 9, 2022 (87 FR 35104).
III. History of Ohio's VOC and NOX RACT Regulations
Ohio has adopted regulations to address the NO<INF>X</INF> and VOC
RACT requirements that apply to Moderate ozone nonattainment areas.
Ohio has also voluntarily adopted rules for the Cincinnati Maintenance
area as SIP strengthening measures, since planning efforts were
underway to address Moderate RACT requirements for the 2015 ozone
standard in Cleveland. The NO<INF>X</INF> RACT rules, in Chapter 3745-
110 of the Ohio Administrative Code (OAC), effective March 25, 2022,
apply to
[[Page 9773]]
existing boilers, stationary combustion turbines, stationary internal
combustion engines, reheat furnaces, and other sources at facilities
that have an uncontrolled potential to emit 100 tpy or more of
NO<INF>X</INF>. These rules apply to sources located in both the
Cleveland nonattainment area (the EPA approved as RACT) and the
Cincinnati maintenance area (the EPA approved as SIP strengthening)
under the 2015 ozone standard.
Similarly, the VOC RACT rules, in Chapter 3745-21 of the OAC,
effective March 27, 2022, apply to various VOC source categories in
both the Cleveland nonattainment area and the Cincinnati maintenance
area under the 2015 ozone standard. These rules cover both CTG sources
and non-CTG major sources with an uncontrolled potential to emit 100
tons per year or more of VOCs.
Ohio EPA also adopted OAC Rules 3745-21-11 and 3745-110-03(J) and
submitted them to the EPA for inclusion in the SIP. These rules require
major non-CTG VOC and NO<INF>X</INF> sources located in ozone
nonattainment areas classified as Moderate or higher to submit RACT
studies to Ohio within one year of the rule's effective date. These
RACT studies contain information on the technical and economic
feasibility of VOC and NO<INF>X</INF> emission control measures to
inform Ohio's RACT determinations for each major source.
On January 20, 2026 (91 FR 2308), the EPA approved portions of OAC
Chapters 3745-21 and 3745-110 as satisfying certain Moderate VOC RACT
and NO<INF>X</INF> RACT requirements for the Cleveland, OH
nonattainment area under the 2015 ozone standard. The EPA also approved
OAC 3745-21-11 and 3745-110-03(J) as SIP strengthening measures for the
Cleveland nonattainment area under the 2015 ozone standard. Finally,
the EPA approved OAC Chapter 3745-21 and 3745-110-03(J) as SIP
strengthening for the Cincinnati Maintenance area under the 2015 ozone
standard.
As a result, Ohio will be implementing NO<INF>X</INF> RACT in both
Cleveland and Cincinnati, and NO<INF>X</INF> RACT will be federally
enforceable in Cleveland. These rules will be SIP strengthening and go
beyond what is required in the Cincinnati Maintenance Area at the
Federal level, achieving additional emission reductions and
contributing to maintenance of the ozone standard in this area.
IV. What is the EPA proposing?
The EPA is proposing to approve the RACT determinations submitted
by Ohio for major sources in the Cleveland nonattainment area as
meeting RACT requirements and to approve the SIP revisions submitted by
Ohio for major sources in the Cincinnati maintenance area as SIP
strengthening measures.
V. PPG Industries Ohio, Inc.
PPG Industries, Inc. (PPG) operates an automotive coatings
manufacturing plant in Cleveland, Ohio. This facility is a major VOC
source that is not covered by a CTG and has existing source-specific
RACT established in OAC rule 3745-21-09(MM) under a previous ozone
standard for VOC emissions from its paint manufacturing and associated
paint laboratory operations (59 FR 23789). Ohio submitted this VOC RACT
determination to the EPA on March 11, 2024. To control VOC emissions,
the plant employs extensive capture systems and a large regenerative
thermal oxidizer (RTO) system that treats emissions from entire
buildings or groups of buildings. This setup ensures that all
operations within these controlled buildings including the paint
laboratory operations (K201) and paint manufacturing operations (P201),
are subject to emission reduction measures. VOC emissions from the
paint production equipment (P202) are not required to be routed to the
RTO because the VOC emissions are low and VOC content is low or zero.
Under previously approved RACT requirements in OAC rule 3745-21-
09(MM), VOC emissions from the paint laboratory (K201) must be vented
to the RTO control system, which must achieve at least 90% control
efficiency by weight or a maximum outlet VOC concentration of 20 parts
per million by volume, dry (ppmvd). Also, paint manufacturing (P201)
emissions must be vented to the RTO with a minimum control efficiency
of 98% by weight, a maximum outlet VOC concentration of 20 ppmvd, or a
minimum incineration temperature of one 1500 degrees Fahrenheit. The
water-based paint production (P202) emissions unit is not required to
have control equipment due to its low emissions levels, which are about
one ton per year.
PPG conducted a VOC RACT analysis for this facility in accordance
with OAC 3745-21-11. PPG evaluated the effectiveness of various
alternative control technologies for the paint lab and manufacturing
operations, including a carbon adsorber, thermal incinerator, catalytic
incinerator, condenser, and scrubber, and found no technically feasible
options that would achieve greater emission reductions than the
existing RTO system. As a result, no cost-effectiveness estimates are
provided.
For the paint lab operations, while it is technically feasible for
an RTO to achieve a higher control efficiency than 90%, it is not
technically feasible at this facility because the complex layout of
approximately 260 pieces of equipment in nine paint laboratory
buildings prevent PPG from achieving a higher capture efficiency. The
entire building exhaust is routed to the RTO as opposed to controlling
individual pollutant-emitting pieces of equipment.
For the water-based paint production unit, implementing a capture
system is economically unreasonable given its low emission levels (1
tpy of VOC) and low VOC content (less than or equal to 12% VOC by
weight), so RACT is continued compliance with OAC 3745-21-09(MM)(4).
PPG's RACT study is available in docket for this action.
The EPA agrees that the existing RTO system is the most effective
method for reducing VOC emissions at this facility. Therefore, the EPA
concurs with Ohio's RACT determination and is proposing that for this
facility, RACT is continued compliance with OAC 3745-21-09(MM).
VI. Formica Corporation
The Formica Corporation facility in Evendale, Ohio, is located
within the Cincinnati maintenance area under the 2015 ozone standard.
The facility previously operated under a source-specific VOC RACT
requirement in OAC 3745-21-09(PP) for its resin paper coaters/treaters
(K003, K013, and K016). When the initial source-specific RACT for
Formica was established, these units were not subject to the OAC rule
3745-21-09(F), which is based on the EPA's 2007 ``Control Techniques
Guidelines for Paper, Film, and Foil Coatings,'' because the coatings
were applied by dipping--an application method not then included in
Ohio's definition of paper coating.
Since that time, Ohio has revised its definition to include
dipping, making these units subject to the presumptive VOC RACT limits
in OAC 3745-21-09(F). Although Cincinnati is in a maintenance area and
not subject to RACT, OAC 3745-21-09(F) still applies, as its
applicability includes Butler, Clermont, Hamilton, and Warren counties.
As such, on April 23, 2024, Ohio submitted to the EPA a SIP revision
seeking to remove the source-specific VOC RACT requirement for this
facility and replace it with application of the presumptive rule as SIP
strengthening.
The existing SIP approved source-specific VOC limit in OAC 3745-21-
09(PP) is 0.9 lb VOC/gal of coating (excluding water and exempt
solvents),
[[Page 9774]]
while the VOC limit in OAC 3745-21-09(F) is 0.08 lb VOC/lb of coating.
Formica conducted a demonstration summarizing all resins used on
the treaters and determined that all coatings comply with both the VOC
limit in OAC 3745-21-09(F)(2) and the existing source-specific limit in
OAC 3745-21-09(PP). This demonstration is available in the docket for
this action.
Direct comparison of the limits in OAC 3745-21-09(PP) and OAC 3745-
21-09(F)(2) is challenging because results depend on the coatings'
water or solids content. However, in its demonstration, Formica also
evaluated several coating formulations and found that those meeting the
limit of 0.08 lb VOC/lb coating are equivalent to or more stringent
than the existing source-specific limit of 0.9 lb VOC/gal (minus
water).
Based on Formica's analysis, Ohio determined that this revision
does not constitute backsliding because both limits achieve equivalent
VOC reductions and actual emissions will not increase. The EPA concurs
with Ohio's evaluation and is proposing to approve the removal of the
site-specific VOC RACT rule for Formica in OAC 3745-21-09(PP), as these
units are now regulated under the equivalent OAC 3745-21-09(F). The EPA
has determined that this SIP revision will not interfere with
attainment or maintenance of the NAAQS in accordance with section
110(l) of the CAA.
VII. Owens Corning
Owens Corning Roofing and Asphalt, LLC is a major non-CTG VOC
source and operates a roofing and asphalt plant in the Cleveland
nonattainment area under the 2015 ozone standard. Ohio submitted this
VOC RACT determination to the EPA on January 22, 2025. Owens Corning's
RACT study, which is available in the docket for this action, supports
production limits, a vapor pressure limit for asphalt storage, and the
continued use of an RTO and incinerators as satisfying RACT.
The plant manufactures asphalt shingles, with VOC emissions
primarily generated from asphalt fumes during the roofing line coating
processes. The uncontrolled VOC sources are the Laminate (3-wide)
Roofing Line, Strip (4-wide) Roofing Line, and Asphalt Plant.
Owens Corning evaluated several add-on VOC control technologies for
asphalt fumes, including thermal and catalytic incinerators, carbon
adsorption, condensers, and scrubbers. Of these, only thermal
incineration was found to be technically feasible.
Catalytic incinerators are not suitable because condensable
portions of asphalt fumes foul and poison the catalyst, leading to
extremely high replacement costs due to the presence of sulfur
compounds. Carbon adsorption, while effective in removing low VOC
concentrations, is infeasible because asphalt fumes would foul the
carbon beds, reducing capacity, shortening bed life, and posing a fire
hazard. Condensers are also technically infeasible because the high
particulate content of asphalt fume exhaust would foul or plug the
condenser tubes. Moreover, refrigerated condensers are only effective
for exhaust streams with VOC concentrations above 5,000 ppm, while
asphalt fume exhaust concentrations at this source are approximately 10
ppm.
Scrubbers are ineffective because many organic compounds in asphalt
vapors are not water-soluble and would pass through untreated.
Additionally, scrubber systems generate hazardous wastewater requiring
off-site treatment. For these reasons, scrubbers are not used in
practice to control asphalt fumes.
Based on this evaluation, thermal incineration was the only
identified technically feasible add-on control technology for asphalt
fume emissions. This conclusion is consistent with the National
Emission Standards for Hazardous Air Pollutants (NESHAP) for Area
Sources: Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR
63, subpart AAAAAAA), which identifies thermal oxidation as the
applicable control device for particulate matter and polycyclic
aromatic hydrocarbons (PAHs), which are also VOCs.
Existing VOC-controlled units--such as asphalt converters (Units
P003, P004, P011, P012, P006/P013), storage tanks (Units T031, T032,
T033), and loading racks (Units J001, J002, J003, J005)--are already
controlled by incinerators or an RTO control device. The asphalt
loading racks and storage tanks are already regulated by an RTO with a
95% control efficiency, required by Best Achievable Technology (BAT)
\3\ and NSPS for certain sources routed to the RTO. The asphalt
converters are regulated by an incinerator with a 95% control
efficiency, which are required by BAT and by the National Emission
Standards for Hazardous Air Pollutants (NESHAP) for Asphalt Processing
and Asphalt Roofing Manufacturing, 40 CFR 63, subpart 7A.
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\3\ BAT is defined in OAC 3745-31-01(B)(6).
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From a preliminary design analysis based on plant layout and
process considerations of the Laminate (3-wide) Roofing Line and Strip
(4-wide) Roofing Line and Asphalt Storage Tank, a minimum of four
separate RTOs would be required to control all roofing lines.
Installation of four RTOs is economically infeasible, with cost-
effectiveness estimates ranging from $36,632 to $750,881 per ton of VOC
removed.
Based on the analysis above, Ohio determined the following RACT
Requirements for Owens Corning:
<bullet> Laminate (3-wide) Roofing Line (Units P906, P917, P911, P912,
P913, P104):
[cir] Asphalt throughput limit: 96,911.2 tons
[cir] Shingle production limit: 492,080.4 tons
[cir] Limits based on a rolling 12-month total
[cir] Limits support existing synthetic minor and/or BACT permit
limits
<bullet> Strip (4-wide) Roofing Line (Units P907, P908, P915, P910):
[cir] Asphalt throughput limit: 165,325.1 tons
[cir] Shingle production limit: 797,115.0 tons
[cir] Limits based on a rolling 12-month total
[cir] Limits support existing synthetic minor and/or BACT permit
limits
<bullet> Asphalt Storage Tank (Unit T034):
[cir] Store only asphalt with a maximum true vapor pressure of less
than 0.75 psia (OAC 3745-21-21(D)(2)(b) threshold for RACT
applicability)
<bullet> Asphalt Loading Racks and Storage Tanks (Units J001, J002,
J003, J005, T031, T032, T033):
[cir] Continue use of the existing RTO with 95% VOC destruction
efficiency
[cir] Control required under BAT, RACT, and NSPS for applicable
sources routed to the RTO
<bullet> Converters (Units P003, P004, P011, P012, P006/P013):
[cir] Continue use of the existing incinerators with 95% VOC
destruction efficiency
[cir] Control required under BAT and 40 CFR 63, subpart 7A
The EPA evaluated the study provided by Ohio (available in the
docket) and concurs with Ohio's RACT determination. The alternative
control technologies assessed are not technically feasible, and the
existing controls and emission limits are sufficient to meet RACT
requirements.
Therefore, the EPA is proposing to incorporate by reference the
above RACT requirements from the following sections of permit number
P0137247 (effective date: 01/06/2025)--B(11),
[[Page 9775]]
B(12), B(13), B(14), C(1)(b)(1)(b), C(1)(c), C(1)(d), C(1)(e)(2),
C(2)(b)(1)(b), C(2)(c), C(2)(d)(1), C(2)(e)(2), C(3)(b)(1)(b), C(3)(c),
C(3)(d)(1), C(3)(e)(2), C(4)(b)(1)(b), C(4)(c), C(4)(d), C(4)(e)(2),
C(5)(b)(1)(b), C(5)(c), C(5)(d)(3), C(5)(e)(2), C(6)(b)(1)(c),
C(6)(d)(1), C(6)(e)(2), C(6)(f)(3),C(7)(b)(1)(b), C(7)(d)(1),
C(7)(e)(2), C(7)(f)(2), C(8)(b)(1)(b), C(8)(c), C(8)(d)(1), C(8)(e)(2),
C(9)(b)(1)(c), C(9)(c), C(9)(d)(1), C(9)(e)(2), C(10)(b)(1)(b),
C(10)(d)(1), C(10)(e)(2), and C(10)(f)(2). See permit number P0137247
available in the docket for this action.
VIII. General Electric Aviation, Evendale Plant
The General Electric Company, through its GE Aerospace business
unit (GEA), operates a major industrial facility in Evendale, Ohio
(Hamilton County). This facility is located in the Cincinnati 2015
ozone maintenance area so is not subject to RACT. Ohio submitted this
SIP revision to the EPA on February 13, 2025.
The Evendale facility serves as GEA's headquarters and primary
research and development (R&D) center, where it assembles and tests
aircraft turbines (including military), aero-derivative turbines, and
gas turbines. R&D operations include combustor technology test cells
and various turbine and component tests for both commercial and
military applications.
GEA has six robotic spray booths (K037-K042) and the EPA is
proposing to approve a SIP revision from the State mandating that these
six Robotic Coating Units (K037 through K042) comply with the VOC
content limits in OAC rule 3745-21-19, which is based on the VOC CTG
for Aerospace Manufacturing and Rework Facilities, as a SIP
strengthening measure. Specifically, the EPA is proposing to approve a
SIP revision requiring that these units comply with paragraphs (B),
(D)(1), (D)(3), (D)(4), (D)(5), (E), (H), (J), and (K) of OAC rule
3745-21-19. Also, the EPA is proposing to approve a SIP strengthening
revision that consists of good combustion practices for heating units
(boilers) and operating under engineering test plans that minimize fuel
use for turbine and component testing and ancillary operations.
The EPA is proposing to incorporate by reference the following
sections of permit number P0136500 (effective date: 01/30/2025)--B(2),
C(1)(b)(1)(c), C(1)(b)(2)(a), C(1)(c)(1), C(1)(d)(1), C(1)(e)(2); the
EPA is also proposing to incorporate by reference the following
sections of permit number P0136501 (effective date: 01/30/2025)--B(2),
C(1)(b)(1)(f), C(1)(c)(2), C(1)(d)(2), C(1)(e)(3), C(2)(b)(1)(f),
C(2)(c)(2), C(2)(d)(2), and C(2)(e)(3).
IX. Akron Paint and Varnish
Akron Paint and Varnish (APV) is in the Cleveland, OH nonattainment
area for the 2015 ozone standard and is a major non-CTG VOC source
subject to RACT. Ohio submitted this VOC RACT determination to the EPA
on January 15, 2025. APV manufactures custom-formulated paints and
coatings, with most VOC emissions generated from mixing operations.
To control these VOC emissions, APV uses mixer covers that achieve
over 99% VOC control efficiency. The mixers remain covered at all times
except when loading materials. These covers significantly reduce
solvent evaporation and fugitive VOC emissions.
APV evaluated several alternative VOC control technologies,
including carbon adsorbers, catalytic incinerators, condensers,
scrubbers, and thermal oxidizers. Carbon adsorbers are technically
infeasible because they operate effectively only at VOC concentrations
between 500 and 2,000 ppm, while APV's VOC concentrations are well
below this range. Even under ideal conditions, carbon adsorbers
typically achieve between 95 and 99% VOC control efficiency, which is
lower than the over 99% control already achieved by the mixer covers in
use.
Catalytic incinerators are also technically infeasible due to their
sensitivity to variable inlet conditions and their tendency for
catalyst fouling and deactivation by contaminants such as heavy metals,
sulfur, phosphorus, and halogens. Condensers are not technically
feasible because they are best suited for single organic compounds
rather than the diverse VOC mixtures at APV. They also generate
NO<INF>X</INF> emissions and would require additional NO<INF>X</INF>
controls.
Scrubbers are not technically feasible due to their highly variable
collection efficiency range (70-99%), generation of liquid waste, high
maintenance requirements, and potential for plugging caused by
particulate buildup. Thermal oxidizers are technically feasible and
could achieve up to 98% VOC destruction efficiency, but are not
economically reasonable, with an estimated cost-effectiveness of
$123,385 per ton of VOC removed.
APV operates multiple production buildings equipped with several
portable mixers that are relocated as needed to meet changing
production demands. Installing a stationary control device, such as a
thermal oxidizer, would eliminate the operational flexibility essential
for APV's custom-batch manufacturing process, which involves varying
product formulations and production volumes.
APV operates with good housekeeping practices, including keeping
mixing and blending tanks covered except during necessary operations,
cleaning them while enclosed to minimize VOC emissions, and maintaining
a preventative maintenance program with regular equipment inspections.
These practices also include promptly cleaning spills, storing waste in
closed containers, and minimizing manual solvent transfers through hard
piping.
Based on these considerations, Ohio has determined that APV's
existing mixer covers are RACT. Because of the large number and
mobility of mixers, it is not practical to enforce production limits on
individual units. Therefore, Ohio has determined that VOC emissions
controlled through facility-wide limits established in APV's Final
Permit-to-Install and Operate (P0136483, effective December 11, 2024),
which sets a total VOC emission limit of 99.9 tons per year, is an
appropriate additional RACT limit.
The EPA concurs with Ohio's RACT determination and is proposing
that APV's existing mixer covers, facility-wide 99.9 tpy limit of VOC,
and good housekeeping practices satisfy RACT. These RACT requirements
are contained in the following sections of Permit Number P0136483
(effective date: 12/11/2024), which the EPA is proposing to incorporate
by reference into the Ohio SIP: B(8), C(3)(b)(1)(b), C(3)(c),
C(3)(d)(4), C(3)(e)(4), C(3)(f)(2), C(4)(b)(1)(c), C(4)(c), C(4)(d)(1),
C(4)(e)(6), C(4)(f)(2), C(5)(b)(1)(c), C(5)(c), C(5)(d)(1), C(5)(e)(6),
and C(5)(f)(2).
X. Tyson Foods
Tyson Foods, Inc. is located in the Cincinnati, OH 2015 ozone
maintenance area so is not currently subject to RACT. Ohio submitted
this SIP revision to the EPA on June 24, 2025. Tyson operates a food
processing facility that produces various cooked meat products. VOC
emissions are generated from several processes, including boilers,
heaters, emergency engines, and cooking lines-with the cooking lines
being the primary source of VOC emissions.
In order to reduce VOC emissions from the cooking lines at this
facility, Tyson's study recommends installing a new VOC emissions
control system that includes multiple devices operating in series:
First, each process line will be equipped with a mist eliminator; the
exhaust from these units will be combined and routed through a
[[Page 9776]]
secondary mist eliminator to further remove grease; finally, the
combined exhaust will be controlled by an RTO. Ohio has submitted the
requirement for this control system to be incorporated into the Ohio
SIP.
The EPA agrees with Ohio's determination that the control system
recommendation above is appropriate and is proposing to approve a SIP
strengthening revision that consists of the installation of this
combined mist eliminator and RTO system to control VOC emissions. The
combined mist eliminator and RTO system is expected to achieve an
overall VOC control efficiency of 98%. The EPA is proposing to
incorporate by reference the following provisions of permit number
P0137384 (effective date: 6/11/2025): B(3), C(1)(b)(1)(d), C(1)(c)(3),
C(1)(d)(4), C(1)(e)(3), C(1)(f)(3), C(2)(b)(1)(d), C(2)(b)(1)(d),
C(2)(c)(3), C(2)(d)(4), C(2)(e)(3), C(2)(f)(3), C(3)(b)(1)(d),
C(3)(c)(2), C(3)(d)(5), C(3)(e)(3), C(3)(f)(3), C(4)(b)(1)(d),
C(4)(c)(3), C(4)(d)(5), C(4)(e)(3), C(4)(f)(3), C(5)(b)(1)(d),
C(5)(c)(3), C(5)(d)(5), C(5)(e)(3), C(5)(f)(3), C(6)(b)(1)(d),
C(6)(c)(3), C(6)(d)(4), C(6)(e)(3), C(6)(f)(3), C(7)(b)(1)(d),
C(7)(c)(3), C(7)(d)(4), C(7)(e)(3), and C(7)(f)(3).
XI. U.S. Steel Tubular Lorain
U.S. Steel Seamless Tubular Operations, LLC--Lorain is a fully
integrated tubular products manufacturing facility in Lorain County,
located within the Cleveland 2015 ozone nonattainment area. The
facility produces high-quality seamless pipe for the oil and gas and
construction industries. It is a major source of NO<INF>X</INF>
emissions and is therefore subject to RACT requirements under OAC 3745-
110-03(J). Ohio submitted this NO<INF>X</INF> RACT determination to the
EPA on March 28, 2024.
The facility operates under source-specific emission limits for
NO<INF>X</INF> emissions from its tempering, rotary, and reheat
furnaces as specified in OAC 3745-110-03(P), which is effective at the
State level and the EPA is proposing to approve into the SIP. The
applicable NO<INF>X</INF> emission limits are as follows: P003--0.068
lb/MMbtu, P035--0.12 lb/MMbtu, P037: 0.15 lb/MMbtu, P039--0.08 lb/
MMbtu, P040--0.15 lb/MMbtu. U.S. Steel conducted a RACT analysis for
emission units P003, P035, P037, P039, and P040. The No. 3 Seamless
Mill rotary furnace (P035), No. 4 Seamless Mill rotary furnace (P039),
and No. 4 Seamless Mill reheat furnace (P040) are recuperative
furnaces. U.S. Steel evaluated selective catalytic reduction (SCR),
selective non-catalytic reduction (SNCR), and low-NO<INF>X</INF>
burners (LNBs) for these units. U.S. Steel submitted a detailed cost
calculation contained in a Confidential Business Information document,
which the EPA relied on for its RACT analysis.
The existing control technology for P035, P039, and P040 is LNBs.
U.S. Steel assessed the economic feasibility of replacing the existing
burners with newer LNBs capable of achieving 0.09 lb/MMBtu or less. The
total cost-effectiveness ranged from $14,387 to $18,934 per ton of
NO<INF>X</INF> removed, which is not economically feasible.
U.S. Steel also evaluated SCR installation on each recuperative
furnace. The cost-effectiveness ranged from $20,285 to $38,871 per ton
of NO<INF>X</INF> removed, which is not economically feasible.
SCR is also technically infeasible for these furnaces because their
batch operation causes significant exhaust temperature fluctuations due
to frequent door openings and closings. These variations prevent
consistent SCR performance.
U.S. Steel also determined SNCR to be technically infeasible.
Effective SNCR operation requires stable flue gas temperatures between
1600 [deg]F and 2100 [deg]F, while the recuperative furnaces operate at
600-1100 [deg]F. Increasing temperatures to the required range would
require significant natural gas use, resulting in high fuel costs and
additional NO<INF>X</INF> emissions.
Because no other technically or economically feasible control
options exist, Ohio determined that continued operation of the existing
LNBs in compliance with OAC 3745-110-03(P) meets NO<INF>X</INF> RACT
for the recuperative furnaces.
U.S. Steel also evaluated NO<INF>X</INF> controls for the No. 3
Seamless Mill Q&T tempering furnace (P003) and the No. 3 Seamless Mill
No. 2 reheat furnace (P037), which are natural gas-fired, non-
recuperative furnaces subject to NO<INF>X</INF> emission limits under
OAC 3745-110-03(P). U.S. Steel examined SCR, SNCR, and LNBs for these
units. The EPA is proposing to determine that OAC 3745-110-03(P)) meets
RACT requirements for U.S. Steel for the 2015 ozone NAAQS.
SCR and SNCR are both technically infeasible for these furnaces
because exhaust temperatures are not within the effective operating
ranges. The flue gas temperature for P003 (1300 [deg]F) is below the
required SNCR range of 1600-2100 [deg]F and would require reheating,
which would increase NO<INF>X</INF> formation. Although P037 exhaust
temperatures are near the lower end of the SNCR range (~1600 [deg]F),
achieving optimal NO<INF>X</INF> removal would still require additional
reheating. Furthermore, the low uncontrolled NO<INF>X</INF>
concentrations in these exhaust streams (approximately 19 ppm for P003
and 45 ppm for P037) would result in low overall removal efficiency,
making SNCR technically infeasible.
LNBs are the existing control technology for both P003 and P037.
U.S. Steel evaluated replacing the burners in P037 with newer LNBs
capable of achieving 0.09 lb/MMBtu. P003 was not evaluated because it
already meets this level. The cost-effectiveness for replacing the
burners in P037 was $22,975 per ton of NO<INF>X</INF> removed, which is
not economically feasible.
Given the absence of feasible alternatives, Ohio determined that
continued operation of the existing LNBs meets NO<INF>X</INF> RACT for
the non-recuperative furnaces. Ohio also determined that maintaining
compliance with the limits in OAC 3745-110-03(P) for these units meets
RACT for this source.
Therefore, the existing LNBs remain the only technically and
economically feasible control option for both the recuperative and non-
recuperative furnaces. Ohio determined that U.S. Steel's Lorain
facility complies with the limits in OAC 3745-110-03(P), and the EPA
concurs that this constitutes RACT under the 2015 ozone standard. The
U.S. Steel RACT study is available in the docket for this action.
XII. Charter Steel
Charter Steel, located in Cuyahoga Heights, is located within the
Cleveland 2015 ozone nonattainment area. The facility is a major source
of NO<INF>X</INF> emissions and is therefore subject to RACT. Ohio
submitted this NO<INF>X</INF> RACT determination to the EPA on December
5, 2023. Charter Steel's bar mill reheat furnace currently has a
source-specific NO<INF>X</INF> limit of 0.11 lb/MMBtu established in
OAC 3745-110-03(Q). This rule is not currently in the SIP and the EPA
is proposing to determine that it meets RACT requirements for Charter
Steel.
In accordance with OAC 3745-110-03(J), Charter Steel conducted a
NO<INF>X</INF> RACT study for its bar mill reheat furnace (P029). The
furnace uses natural gas burners to heat steel billets so they can be
formed into steel rods or bars. Existing NO<INF>X</INF> combustion
controls include LNBs that utilize staged combustion, exhaust gas
recirculation, and low excess air to reduce peak flame temperatures and
limit NO<INF>X</INF> formation.
As part of the study, Charter Steel evaluated the technical
feasibility of various add-on NO<INF>X</INF> control technologies
including SCR, SNCR, and NSCR. The reaction temperature
[[Page 9777]]
required for SNCR is typically between 1,600 [deg]F and 2,000 [deg]F,
while the furnace exhaust temperature is approximately 1,100 [deg]F.
Reheating the exhaust gases to the required temperature would result in
additional NO<INF>X</INF> generation, negating the benefit of control
and making SNCR technically infeasible. NSCR, which is used in rich-
burn engines for the reduction of CO, VOCs, and NO<INF>X</INF>, is not
applicable to low-excess-air natural gas burners and is therefore also
not technically feasible. SCR is effective at temperatures between 650
[deg]F and 800 [deg]F, but the furnace exhaust gases are approximately
1,100 [deg]F. Installing SCR before the heat recuperator would require
cooling the gases to 800 [deg]F and then reheating them, while
installing it after the recuperator would require reheating the gases
to 650 [deg]F. Both options would increase natural gas combustion and
NO<INF>X</INF> emissions, making SCR technically infeasible as well.
Because these alternative control technologies are highly
temperature-dependent, none are technically feasible for the bar mill
reheat furnace. The exhaust gas temperature of 1,100 [deg]F is too low
for SNCR and NSCR and too high for SCR. Consequently, Ohio determined
that the existing low-NO<INF>X</INF> burners represent the most
effective and practical method for controlling NO<INF>X</INF> emissions
at this facility.
Based on the results of the NO<INF>X</INF> RACT study, the EPA
concurs with Ohio's RACT determination and is proposing that operation
of low-NO<INF>X</INF> burners, in compliance with OAC 3745-110-03(Q),
constitutes RACT for the bar mill reheat furnace at Charter Steel.
These existing controls represent the most effective means of reducing
NO<INF>X</INF> emissions at this source. The Charter Steel RACT study
is available in the docket for this action.
XIII. Carmeuse Lime, Inc.--Grand River Operations
Carmeuse Lime, Inc. operates a lime manufacturing facility in Grand
River, Ohio, within the Cleveland 2015 ozone nonattainment area. The
facility is a major source of NO<INF>X</INF> and is subject to RACT.
Ohio submitted this NO<INF>X</INF> RACT determination to the EPA on
July 28, 2025. Its primary NO<INF>X</INF> emissions come from two
rotary lime kilns (P001 and P002), currently limited under OAC 3745-
110-03(S) to 6.0 lb NO<INF>X</INF> per ton of lime produced, which is
effective at the State level. Carmeuse conducted a NO<INF>X</INF> RACT
study in accordance with OAC 3745-110-03(J), included in the docket for
this action.
Carmeuse evaluated several control technologies, including SCR,
SNCR, mid-kiln firing, mid-kiln air injection, and low-NO<INF>X</INF>
burners. SCR is infeasible due to high particulate and calcium in the
exhaust, risk of catalyst poisoning, and flue gas temperatures (400-450
[deg]F) below the optimal 700 [deg]F, which would require costly
reheating. SNCR is infeasible because the variable kiln temperature
prevents maintaining the precise conditions needed for effective
NO<INF>X</INF> reduction. Mid-kiln firing is unsuitable because the
kilns operate at ~2,500 [deg]F, far above the 1,100-1,650 [deg]F
required, and staged fuel feeding could increase CO emissions. Mid-kiln
air injection could increase sulfur content in the product, and low-
NO<INF>X</INF> burners would reduce calcining efficiency, increase fuel
use, and provide minimal additional NO<INF>X</INF> reduction beyond
current operations. Carmeuse's RACT study determined that the
technically and economically feasible control method is proper kiln
operation and good combustion practices, including minimizing excess
air, controlling fuel injection, and maintaining optimal kiln
temperatures. The facility monitors fuel usage, combustion air, burner
zone temperatures, and oxygen to ensure efficient operation.
Based on stack testing, Carmeuse calculated a revised
NO<INF>X</INF> limit of 4.6 lb per ton of lime for P001 and P002,
representing the highest value from five stack tests plus a 20%
contingency factor. This limit is more stringent than the existing 6.0
lb/ton limit in OAC 3745-110-03(S). Ohio determined that RACT is
achieved through compliance with the 54.5 tons/hr maximum process
weight rate and the 4.6 lb/ton NO<INF>X</INF> limit. The EPA concurs
with Ohio's RACT determination and is proposing that the 4.6 lb/ton
NO<INF>X</INF> limit, continued operation with good combustion
practices, and the 54.5 tons/hr process weight rate constitute
NO<INF>X</INF> RACT for this source.
The EPA is also proposing to incorporate by reference the following
RACT provisions of permit number P0137844 (effective date: 07/10/2025):
B(3)-B(7), C(1)(b)(1)(b), C(1)(c)(1), C(1)(d)(1), C(1)(e)(1),
C(1)(f)(1)(a), C(2)(b)(1)(b), C(2)(c)(1), C(2)(d)(1), C(2)(e)(1), and
C(2)(f)(1)(a).
XIV. Ross Incineration
Ross Incineration Services, Inc. (RIS) operates a hazardous waste
incinerator in Grafton, Ohio, located within the Cleveland Moderate
nonattainment area for the 2015 ozone NAAQS. The facility is subject to
source-specific NO<INF>X</INF> limits under OAC 3745-110-03(T), which
is effective at the State level. As a major NO<INF>X</INF> source, RIS
is also subject to RACT under OAC 3745-110-03(J). Ohio submitted this
NO<INF>X</INF> RACT determination to the EPA on August 25, 2025.
The incineration system includes a co-current rotary kiln (unit
N001) and a countercurrent main combustion chamber. Both units are
fueled by solid, sludge, or liquid waste, which serves as the heat
source to maintain combustion temperatures. Air emissions from these
chambers are treated by a quench, cyclone, radial flow wet scrubber,
gas/liquid contactor, and two wet electrostatic precipitators (WESPs)
before being vented through a stack.
RIS evaluated selective non-catalytic reduction (SNCR) and
selective catalytic reduction (SCR) for post-combustion NO<INF>X</INF>
control. The temperatures in the main combustion exceed the optimal
range for SNCR. To achieve appropriate temperatures, the exhaust gas
would require cooling via an added quench system with reagent injection
and sufficient residence time. This would likely necessitate a major
retrofit, such as adding a third combustion chamber. Therefore, SNCR is
not technically feasible under the current configuration but is
technically feasible with the retrofit previously described.
Downstream of the WESPs, flue gas temperatures are well below the
temperatures required for SCR. In addition, trace heavy metals in the
flue gas could poison the catalyst, leading to frequent and costly
replacements. Given these factors, SCR is only technically feasible
with significant new equipment.
Although both SNCR and SCR are theoretically technically feasible,
neither is economically reasonable. The estimated SCR and SNCR costs
range from approximately $10,000 to 19,000 per ton of NO<INF>X</INF>
removed. Ross Incineration submitted a detailed cost calculation
contained in a Confidential Business Information document, which the
EPA relied on for its RACT analysis. In addition, due to the technical
complexity of retrofitting a SNCR system on a highly regulated
incinerator, and limited space with which to cool down the exhaust
stream to a suitable temperature and residence times, SNCR costs are
likely understated.
The RIS RACT study concluded that no additional control technology
is both technically feasible and economically reasonable under OAC
3745-110-03(J). Instead, Ohio identified good combustion practices and
lower NO<INF>X</INF> emission limits as RACT for this facility. The EPA
concurs with this determination, defining RACT for RIS as operating the
unit according to manufacturer specifications and good combustion
practices, and a NO<INF>X</INF>
[[Page 9778]]
emission limit of 105 lb/hr (30-day rolling average). The EPA is also
proposing to approve (as a SIP strengthening measure) a SIP revision
that includes a RACT reevaluation requirement: if NO<INF>X</INF>
emissions from unit N001 exceed 110% of the baseline established in the
RACT study (185.9 tons per year), RIS must complete a new RACT
evaluation within one year.
The EPA is proposing to agree with Ohio EPA's RACT determinations
at this facility and incorporate by reference the following RACT
provisions of permit number P0137637 (effective date: 07/31/2025):
C(1)(b)(1)(k), C(1)(b)(1)(L), (C)(1)(c)(19), (C)(1)(d)(54),
(C)(1)(e)(20), (C)(1)(f)(1)(f).
XV. What action is the EPA taking?
The EPA is proposing to approve the following as meeting RACT in
the Cleveland moderate nonattainment area under the 2015 ozone
standard:
<bullet> PPG Industries Ohio, Inc.: Existing source-specific RACT
in OAC 3745-21-09(MM).
<bullet> Owens Corning: Production limits, a vapor pressure limit
for asphalt storage, and continued use of RTOs and incinerators, as
detailed in the permit provisions described above.
<bullet> Akron Paint and Varnish: Facility-wide VOC limit of 99.9
tons per year and work practice standards, including the use of
existing mixer covers, as reflected in the permit provisions described
above.
<bullet> U.S. Steel Tubular Lorain: Operation of existing LNBs with
compliance to emission limits in OAC 3745-110-03(P).
[cir] P003: 0.068 lb/MMbtu
[cir] P035: 0.12 lb/MMbtu
[cir] P037: 0.15 lb/MMbtu
[cir] P039:0.08 lb/MMbtu
[cir] P040:0.15 lb/MMbtu
<bullet> Charter Steel: Operation of LNBs with compliance to
emission limits in OAC 3745-110-03(Q).
<bullet> Carmeuse Lime: 4.6 lb/ton NO<INF>X</INF> limit for kilns,
continued operation with good combustion practices, proper kiln
operation, and a 54.5 tons/hr process weight rate limit, as detailed in
the permit provisions above.
<bullet> Ross Incineration: Good operating and combustion practices
to control NO<INF>X</INF> emissions. The NO<INF>X</INF> emission limit
for the hazardous waste incinerator (unit N001) is 105 pounds per hour,
based on a 30-day rolling average. If NO<INF>X</INF> emissions from
unit N001 exceed 110% of the baseline established in the RACT study, a
RACT reevaluation must be completed within one year. These RACT
requirements are detailed in the permit provisions above.
The EPA is also proposing to approve the following actions as SIP
strengthening for the Cincinnati maintenance area under the 2015 ozone
standard:
<bullet> GE Evendale: Good operating practices for combustion units
and operation under engineering test plans that minimize fuel use for
turbine testing and ancillary operations. These measures are detailed
permit provisions described above. Presumptive limits under OAC 3745-
21-19 for robotic coaters.
<bullet> Tyson Foods: Installation of a combined mist eliminator
and thermal oxidizer system achieving 98% VOC control efficiency from
all cook lines, as reflected in the permit provisions above.
Finally, the EPA is proposing to approve the removal of the site-
specific VOC RACT rule for Formica in OAC 3745-21-09(PP), as these
units are now regulated under the equivalent CTG-based rule in OAC
3745-21-09(F).
XVI. Incorporation by Reference
In this rule, the 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, the EPA is proposing to incorporate by
reference Ohio rule(s) 3745-21-09(MM), 3745-110-03(Q), and OAC 3745-
110-03(P), discussed in section I of this preamble. The 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).
XVII. 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 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 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).
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: February 18, 2026.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2026-03931 Filed 2-26-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.