[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Proposed Rules]
[Pages 21295-21300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10658]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2008-0812; FRL-8902-3]
Approval and Promulgation of Implementation Plans; Ohio; Volatile
Organic Compound Emission Control Measures for Cleveland
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On March 23, 2009, the Ohio Environmental Protection Agency
(Ohio EPA) submitted several volatile organic compound (VOC) rules for
approval into the State Implementation Plan (SIP). The purpose of these
rules is to satisfy the VOC reasonably available control technology
(RACT) requirement for the Cleveland-Akron 8-hour ozone nonattainment
area. These rules are approvable because they satisfy the control and
enforceability requirements of RACT, including Ohio's requirement
[[Page 21296]]
to adopt VOC RACT rules for the Control Technique Guideline (CTG)
documents issued by EPA in 2006 and 2007.
DATES: Comments must be received on or before June 8, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0812, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 692-2551.
Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0812. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov website
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Steven Rosenthal at (312)
886-6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6052.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Should I Consider as I Prepare My Comments for EPA?
II. What Action is EPA Taking Today?
III. What is the Purpose of this Action?
IV. What is EPA's Analysis of Ohio's Submitted VOC Rules?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Action Is EPA Taking Today?
EPA is proposing to approve several revised and new VOC rules into
the Ohio SIP. Several rule revisions expand applicability to include
sources in the Cleveland-Akron 8-hour ozone nonattainment area, in
particular for commercial bakery oven facilities, synthetic organic
chemical manufacturing industry (SOCMI) reactors and distillation
units, process vents in batch operations, wood furniture manufacturing
operations, and industrial wastewater operations. Ohio adopted new
rules for aerospace manufacturing and rework facilities, ship building
and ship repair operations, plastic parts coating, and the storage of
volatile organic liquids. In addition, Ohio adopted new rules and
revisions to existing rules to address the CTGs issued by EPA in 2006
and 2007. These CTG categories are lithographic printing, industrial
solvent cleaning, flat wood paneling, paper coating, metal furniture
coating, large appliance coating, and flexible package printing. Ohio
adopted several other minor revisions.
III. What Is the Purpose of This Action?
The primary purpose of these rules is to satisfy the requirement in
section 182(b) of Part D of title I of the Clean Air Act (CAA) that VOC
RACT rules be adopted for the Cleveland-Akron 8-hour ozone
nonattainment area. These rules satisfy the requirement for VOC RACT
rules for existing, pre-2006, CTG and major non-CTG source categories
which were due on September 15, 2006, as well as the requirement to
adopt VOC RACT rules for the CTG documents issued by EPA in 2006 and
2007.
On March 24, 2008 (73 FR 15416), EPA made a finding that Ohio
failed to submit those VOC RACT rules which were due on September 15,
2006, for the Cleveland-Akron 8-hour ozone nonattainment area. Ohio
submitted the fully adopted required VOC RACT rules to EPA on September
4, 2008. In a
[[Page 21297]]
November 19, 2008, letter to Ohio, EPA confirmed that Ohio's September
4, 2008, submittal satisfies the requirement for VOC RACT for existing,
pre-2006, CTG and major non-CTG source categories which was due on
September 15, 2006. Failure to submit a complete VOC RACT submittal
would have triggered the offset sanction identified in CAA section
179(b)(2) on September 24, 2009, and the highway funding sanction in
accordance with CAA section 179(b)(1) on March 24, 2010. EPA will be
required by CAA section 110(c) to promulgate a Federal Implementation
Plan (FIP) if it has not approved these VOC RACT rules into Ohio's SIP
by March 24, 2010.
Finalization of the action proposed here would end any obligation
for EPA to promulgate a FIP addressing this VOC RACT requirement.
After September 4, 2008, Ohio completed additional rulemaking on
rules to address CTGs issued in September 2006 and September 2007.
Ohio's submittal of March 23, 2009, incorporates the rule revisions
submitted September 4, 2008, as well as the VOC rule revisions adopted
thereafter.
IV. What Is EPA's Analysis of Ohio's Submitted VOC Rules?
(1) 3745-21-01--Definitions
Revisions to this section primarily consist of new definitions that
are needed to support the new and revised rules. These definitions are
consistent with EPA RACT guidance and are approvable.
(2) 3745-21-02--Ambient Air Quality Standards and Guidelines
This section is approvable because the carbon monoxide and 8-hour
ozone standards are consistent with EPA standards.
(3) 3745-21-03--Methods of Ambient Air Quality Measurement
This section is approvable because the carbon monoxide and ozone
measurement methods follow EPA procedures.
(4) 3745-21-04--Compliance Schedules and 3745-21-06--Classification of
Regions
Section 3745-21-04 requires that compliance be achieved by April 2,
2010, for the new paper coating, metal furniture coating, large
appliance coating, cold cleaning, and packaging rotogravure control
requirements in 3745-21-09. This allows sources to achieve compliance
within one year after the effective date of these new requirements,
which is consistent with EPA RACT policy and is therefore approvable.
(5) 3745-21-08--Control of Carbon Monoxide Emissions From Stationary
Sources
The requirement that the waste gas stream from a catalyst
regeneration process associated with a petroleum cracking system be
burned at 1300 degrees Fahrenheit was deleted because a conflicting,
but more appropriate, control requirement is in effect for these units
in the New Source Performance Standards and the National Emission
Standards for Hazardous Air Pollutants for Petroleum Refineries. This
section is therefore approvable.
(6) 3745-21-09--Control of VOCs From Stationary Sources
(A) Applicability--The applicability provisions in this paragraph
are consistent with EPA guidance and are therefore approvable. Section
(A)(6), which applies to paragraph (HH) for plastic parts coating (a
non-CTG source category until September 2008), correctly specifies the
way to establish applicability for major non-CTG sources. Major non-CTG
applicability is determined by adding the potential VOC emissions from
all non-CTG sources at a facility to the unregulated VOC emissions at a
facility. For moderate ozone nonattainment areas, such as the
Cleveland-Akron 8-hour ozone nonattainment area that is the subject of
this state rule, the non-CTG sources at such a facility are subject to
RACT if the combined unregulated CTG and non-CTG potential VOC
emissions equal or exceed 100 tons per year.
(F) Paper Coating
(F)(2)--This section adds additional control requirements to paper
coating lines in the Cleveland-Akron 8-hour ozone nonattainment area.
(F)(2)(a) requires that any paper coating line with potential
emissions equal to or greater than 25.0 tons per year of VOC before the
application of capture and control devices shall either: (i) Employ a
control system in order to reduce total VOC emissions from the paper
coating line by at least 90 percent or maintain an outlet concentration
of 20 parts per million by volume (ppmv) or (ii) employ low VOC
coatings.
(F)(2)(b) contains work practice standards for cleaning materials.
These revisions to paragraph (F) are consistent with those
contained in the 2007 CTG for Paper, Film, and Foil Coating and are
therefore approvable.
(I) Metal Furniture Coating
(I)(4)--This section adds additional control requirements for metal
furniture coating lines in the Cleveland-Akron 8-hour ozone
nonattainment area.
(I)(4)(a)--This section specifies VOC coating limits for both air-
dried and baked metal furniture coating lines, including limits that
are expressed in terms of pounds of VOC per gallon of coating solids.
These limits allow the use of low VOC coatings or a combination of
coatings and add-on control equipment to meet the mass of VOC per
volume of coating solids limits. Section 3745-21-9(B)(7) also allows
compliance to be achieved with a control system that achieves an
overall reduction of 90 percent from the coating line and in which the
control device has an efficiency of not less than 90 percent.
(I)(4)(b)--This section exempts the metal furniture coating lines
at a facility if the combined emissions from all lines are less than 15
pounds per day of VOC. It also exempts stencil coatings, safety
indicating coatings, solid film lubricants, touch-up and repair
coatings, and coating application utilizing hand-held aerosol cans.
(I)(4)(c)--This section requires the use of coating application
methods with good transfer efficiency such as electrostatic
application, flow coating, dip coating, and high volume, low pressure
(HVLP) application equipment.
(I)(4)(d) and (e)--These sections specify work practice standards
for coating-related activities and cleaning materials.
The metal furniture control requirements in paragraph (I) are
consistent with those contained in the 2007 CTG for Metal Furniture
Coating and are therefore approvable.
(K) Large Appliance Coating
(K)(6)--This section adds additional control requirements to large
appliance coating lines in the Cleveland-Akron 8-hour ozone
nonattainment area.
(K)(6)(a)--This section specifies VOC coating limits for both air-
dried and baked large appliance coating lines. It also contains VOC
content limits for both air-dried and baked coatings that have the
units of pounds of VOC per gallon of coating solids. These units allow
the use of low-VOC coatings or a combination of coatings and add-on
control equipment to meet the mass of VOC per volume of coating solids
limits. Section 3745-21-9(B)(7) also allows compliance to be achieved
with a control system that achieves an overall reduction of 90 percent
from the coating line and in which the control device has an efficiency
of not less than 90 percent.
[[Page 21298]]
(K)(6)(b)--This section exempts the metal furniture coating lines
at a facility if the combined emissions from all lines are less than 15
pounds per day of VOC. Paragraph (K)(6)(b) also exempts stencil
coatings, safety indicating coatings, solid film lubricants, touch-up
and repair coatings, and coating application utilizing hand-held
aerosol cans.
(K)(6)(c)--This section requires the use of coating application
methods with good transfer efficiency such as electrostatic
application, flow coating, dip coating, and HVLP application equipment.
(K)(6)(d) and (e)--These sections specify work practice standards
for coating-related activities and cleaning materials.
These control requirements in 3745-21-9(K) are consistent with
those contained in the 2007 CTG for Large Appliance Coating and are
therefore approvable.
(O) Solvent Metal Cleaning
(O)(2)(e)--This section requires that cold cleaners in the
Cleveland-Akron 8-hour ozone nonattainment area use solvent material
with a vapor pressure that does not exceed 1.0 mm mercury (Hg). This
requirement reduces the volatility and, therefore, the VOC emissions
from cold cleaners in the Cleveland-Akron 8-hour ozone nonattainment
area and is therefore approvable.
(O)(6) Exemptions
(O)(6)(c)--This section allows cleaners exceeding 1.0 mm Hg to be
used to clean cured resin from application equipment at facilities
subject to and complying with the requirements of the Reinforced
Plastic Composites Production maximum achievable control technology
(MACT) (40 CFR part 63, Subpart WWWW). This exemption is approvable
because the difficulty of using such low vapor pressure cleaners has
been documented and the increase in emissions would be minimal.
(O)(6)(d)--This section allows cleaners exceeding 1.0 mm Hg to be
used to clean medical parts subject to regulation by the Food and Drug
Administration and also to clean metal parts subject to Federal
Aviation Administration and Department of Defense cleaning solvent
specifications. However, this exemption is only allowed if the source
adequately documents that there is a conflict between these
specifications and the 1.0 mm Hg vapor pressure requirement in
(O)(2)(e)(i). This exemption is therefore approvable.
(U)(2)(f)--This section allows Ohio to grant less stringent
miscellaneous metal coating limits if the limits in (U)(1) are
technically or economically infeasible. EPA has objected to previous
versions of this paragraph because previous versions allowed less
stringent limits to take effect without formal EPA SIP review. This
version of paragraph (U)(2)(f) is approvable because it provides that
alternate limits take effect only if EPA after suitable opportunity for
review finds the alternate limit to represent RACT.
(Y)(4)--Flexible Package Printing
This section adds additional control requirements to packaging
rotogravure and flexographic packaging printing lines in the Cleveland-
Akron 8-hour ozone nonattainment area.
(Y)(4)(a)--Any packaging rotogravure or flexographic packaging
printing line with potential emissions equal to or greater than 25 tons
per year of VOC, before control, must comply with the add-on control
system requirements in (i) or the low VOC requirements in (ii).
(Y)(4)(a)(i)--Overall control requirements for each subject press
range from 65 percent to 80 percent, depending upon the installation
date of the press and the first installation date of the add-on control
device.
(Y)(4)(ii)--Coatings used in these printing lines must meet a limit
of 0.8 pound of VOC per pound of solids applied or 0.16 pound of VOC
per pound of coating applied.
(Y)(4)(b)--This section specifies work practice standards for
cleaning materials that are applicable to all packaging rotogravure or
flexographic packaging printing lines in the Cleveland-Akron 8-hour
ozone nonattainment area.
The control requirements in (Y)(4) are consistent with those
contained in the 2006 CTG for Flexible Package Printing and are
therefore approvable.
(HH)--Surface Coating of Automotive/Transportation and Business Machine
Plastic Parts
This section is approvable because the emission limits are
consistent with EPA's RACT guidance in the Alternative Control
Technology document for this source category. There is a specific VOC
content limit for each type of coating, e.g., 4.1 pounds VOC per gallon
for high bake colorcoat auto interiors. There is also an equivalent
limit in terms of pounds VOC per gallon of solids if a control system
is used to achieve compliance, e.g., 9.3 pounds VOC per gallon of
solids for high bake colorcoat auto interiors.
(DDD) Gasoline Dispensing Facilities
(4)(e)--This section exempts any gasoline dispensing pump used
solely for dispensing gasoline with an ethanol content of 85 percent
from the gasoline dispensing station control requirements in (DDD)(1).
This exemption is consistent with EPA policy and is therefore
approvable.
(4)(f)--This section exempts any gasoline dispensing facility where
gasoline is dispensed to a fleet of motor vehicles in which 95 percent
or more of the fleet of motor vehicles being fueled with gasoline is
equipped with onboard refueling vapor recovery. This exemption is
consistent with EPA policy and is therefore approvable.
(7) 3745-21-10--Compliance Test Methods and Procedures
Ohio made no substantive changes to this section. The changes were
grammatical and primarily revised the manner in which test methods were
referenced. These revisions are approvable.
(8) 3745-21-12--Control of VOC Emissions From Commercial Bakery Oven
Facilities
Ohio added a new section (A)(2) Applicability for the Cleveland-
Akron area to this existing, and EPA approved, rule for the control of
bakery oven emissions. This new section expands the applicability to
include bakery oven facilities in the Cleveland-Akron moderate ozone
nonattainment area. The revised rule satisfies the requirement for RACT
for these sources and is therefore approvable.
(9) 3745-21-13--Control of VOC Emissions From Synthetic Organic
Chemical Manufacturing Industry Reactors and Distillation Units
Ohio expanded the applicability of this EPA-approved rule to
include the Cleveland-Akron 8-hour ozone nonattainment area, which is
required by EPA RACT policy and is therefore approvable. Paragraph
3745-21-13(L) has been revised to require that newly subject sources in
the Cleveland-Akron area are to notify Ohio EPA that they are subject.
The sources are also required to describe their equipment as well as
the means of achieving compliance.
(10) 3745-21-14--Control of VOC Emissions From Process Vents in Batch
Operations
Ohio expanded the applicability of this EPA-approved rule to
include the Cleveland-Akron 8-hour ozone nonattainment area, which is
required by EPA RACT policy and is therefore approvable. Paragraph
3745-21-14(K)
[[Page 21299]]
has been revised to require that newly subject sources in the
Cleveland-Akron area are to notify Ohio EPA that they are subject. They
are also required to describe an equipment description, as well as to
describe the means of achieving compliance.
(11) 3745-21-15--Control of VOC Emissions From Wood Furniture
Manufacturing Operations
Ohio has expanded the applicability of this EPA-approved rule to
include sources in the Cleveland-Akron 8-hour ozone nonattainment area.
This applicability is required for moderate ozone nonattainment areas
by EPA RACT policy and is approvable. Paragraph 3745-21-15(N) has been
revised to require that newly subject sources in the Cleveland-Akron
area are to notify Ohio EPA that they are subject. They are also
required to provide an equipment description, as well as to describe
the means of achieving compliance.
(12) 3745-21-16--Control of VOC Emissions From Industrial Wastewater
Operations
Ohio has expanded the applicability of this EPA-approved rule to
include the Cleveland-Akron 8-hour ozone nonattainment area, which is
required by EPA RACT policy and is therefore approvable. Ohio has
revised paragraph 3745-21-16(L) to require that newly subject sources
in the Cleveland-Akron area are to notify Ohio EPA that they are
subject. They are also required to provide an equipment description, as
well as to describe the means of achieving compliance.
(13) 3745-21-18--Commercial Motor Vehicle and Mobile Equipment
Refinishing Operations
Ohio has expanded the applicability of this EPA-approved rule to
include the Cleveland-Akron 8-hour ozone nonattainment area. In
addition, Ohio has added the VOC coating limits from EPA's Subpart B--
National VOC Emission Standards for Automobile Refinish Coatings (40
CFR part 59). These revisions are approvable.
(14) 3745-21-19--Control of VOC Emissions From Aerospace Manufacturing
and Rework Facilities
This new rule applies to aerospace manufacturing and rework
facilities in the Cleveland-Akron 8-hour ozone nonattainment area. This
rule is consistent with EPA's aerospace CTG and applies to such
facilities with potential to emit of 25.0 tons per year for all
operations combined where aerospace components and vehicles are cleaned
and coated.
Paragraph (D)(1) contains VOC content limits for primers, topcoats,
chemical milling maskants, and specialty coatings.
Paragraph (D)(2) allows compliance to be achieved with an emission
control system that achieves an overall reduction of 81 percent. If an
emission control system includes a thermal or catalytic oxidizer, the
control efficiency of the thermal or catalytic oxidizer must be at
least 90 percent.
Paragraph (D)(4) specifies the allowable application equipment that
can be used and excludes those methods, such as air spray, with low
transfer efficiencies. Paragraph (E) specifies VOC requirements for
cleaning operations. These include requirements for hand wipe cleaning
operations, spray gun cleaning operations, flush cleaning operations,
as well as housekeeping measures for cleaning solvents and solvent-
laden cleaning materials used in cleaning operations. In addition, Ohio
requires compliance either twelve months after the effective date of
the rule (8/25/2009) or upon startup for a new facility. This rule also
contains the appropriate monitoring requirements for a VOC emission
control system, VOC test methods, as well as recordkeeping and
reporting requirements. This rule is approvable because it is
consistent with EPA's 1997 aerospace CTG.
(15) 3745-21-20--Control of VOC Emissions From Shipbuilding and Ship
Repair Operations
This new rule applies to any shipbuilding or ship repair facility
that is located in the Cleveland-Akron 8-hour ozone nonattainment area
with potential VOC emissions of 25.0 tons per year or greater. The VOC
control and related requirements are based upon EPA guidance,
especially the Shipbuilding and Ship Repair CTG which is largely based,
in turn, on the National Emission Standards for Hazardous Air
Pollutants in Subpart II of 40 CFR part 63.
Paragraph 3745-21-19(D)(1) specifies the VOC content limits for a
variety of marine coating categories, including a general use coating
category and a number of specialty coating categories.
Paragraph 3745-21-19(D)(2) allows compliance to be achieved with an
emission control system that achieves emission reductions equivalent to
compliance with the coating limits.
In addition, Ohio requires compliance either twelve months after
the effective date of the rule (8/25/2009) or upon startup for a new
facility. This rule also contains the appropriate monitoring
requirements for a VOC emission control system, VOC test methods, as
well as recordkeeping and reporting requirements.
This rule is approvable because it is consistent with EPA's 1996
Shipbuilding and Ship Repair CTG.
(16) 3745-21-21--Storage of VOL Liquids in Fixed Roof Tanks and
External Floating Roof Tanks
This new rule applies to volatile organic liquid (VOL) storage
tanks in the Cleveland-Akron 8-hour ozone nonattainment area if the
facility at which the VOL storage tank is located has potential VOC
emissions equal to or greater than 100 tons per year from all VOL
storage tanks, non-CTG sources, and unregulated emissions from VOC
sources. This rule includes control requirements for both fixed roof
tanks with internal floating roofs and fixed roof tanks with closed
vent systems and control devices. For internal floating roof tanks, the
rule specifies three alternative seal systems. For fixed roof tanks
with a closed vent system, the rule requires a 95 percent efficient
control device or a flare. This rule also includes control requirements
for external floating roof tanks, for which the rule requires a closure
device consisting of a primary and secondary seal. The rule also
includes both recordkeeping and reporting requirements. This rule is
consistent with EPA's 1994 alternative control techniques document on
VOL Storage in Floating and Fixed Roof Tanks and is therefore
approvable.
(17) 3745-21-22--Control of VOC Emissions From Offset Lithographic
Printing and Letterpress Printing Facilities
This new rule applies to offset lithographic and letterpress
printing facilities in the Cleveland-Akron 8-hour ozone nonattainment
area whose actual VOC emissions, before the application of control
systems, are equal to or greater than three tons of VOCs per rolling
twelve-month period. A heatset web offset lithographic printing press
or a heatset web letterpress printing press with potential VOC ink oil
emissions from the press dryer that are greater than 25 tons per year
before control must maintain the dryer air pressure lower than the
pressroom air pressure and operate a control system that achieves 90
percent control (or 95 percent control for a control system installed
after the effective date of this rule) or maintain a maximum VOC outlet
concentration of 20 ppmv. This rule restricts the VOC content of
fountain solutions used by offset
[[Page 21300]]
lithographic presses, based on the type of offset lithographic press in
use at a facility. Cleaning solutions used on subject lithographic or
letterpress printing presses must either be at or below 70 percent by
weight VOC or be at or below ten mm Hg at 20 degrees Celsius. This rule
also contains the appropriate test methods for determining the VOC
concentration of the exhaust stream and the VOC content of the fountain
solution and cleaning solution. This rule includes methods to determine
the vapor pressure of the cleaning solution. The rule also includes
monitoring and recordkeeping requirements to ensure that the control
systems are operating properly, to establish whether the VOC content of
the cleaning solution and fountain solution are in compliance with the
applicable limits, and to establish whether an offset lithographic or
letterpress printing facility is subject to one or more of the control
requirements of the rule. This rule is approvable because it is
consistent with EPA's 2006 CTG for Offset Lithographic Printing and
Letterpress Printing.
(18) 3745-21-23--Control of VOC Emissions From Industrial Solvent
Cleaning Operations
This new rule applies to facilities with solvent cleaning
operations in the Cleveland-Akron 8-hour ozone nonattainment area whose
actual VOC emissions from all solvent cleaning operations is equal to
or greater than 15 pounds VOC per day. Those source categories with VOC
rules that contain their own solvent cleaning control requirements,
e.g., aerospace coating and flexible package printing, are exempt from
this rule.
This rule contains a general restriction on the VOC content of
cleaning materials used of 0.42 pounds VOC per gallon. The rule also
contains higher limits for specialty cleaning operations such as
cleaning electronic components and medical devices. This rule specifies
the use of certain cleaning methods, e.g., wipe cleaning, and prohibits
others, e.g., atomizing any solvent unless the emissions are vented to
VOC emission control equipment. As an alternative to the VOC content
limitations in this rule, a facility may use solvents or solvent
solutions which have a VOC composite partial vapor pressure of less
than or equal to eight mm of Hg.
The rule includes several exemptions, e.g., graffiti removal and
the stripping of cured coatings, for which solvent cleaning
restrictions are not feasible. EPA Method 24 is specified for
determining the VOC content of solvent material and American Society of
Testing Material (ASTM) D2879 is specified for determining the vapor
pressure of each component. Recordkeeping requirements include the name
and identification of each cleaning material used and the VOC content
or the VOC composite vapor pressure of each cleaning material used.
This rule is approvable because it is consistent with EPA RACT
guidance, particularly the 2006 CTG for Industrial Cleaning Solvents.
(19) 3745-21-24--Flat Wood Paneling Coatings
This new rule applies to facilities in the Cleveland-Akron 8-hour
ozone nonattainment area whose actual VOC emissions from all flat wood
paneling coating lines is equal to or greater than 15 pounds VOC per
day. This rule limits subject facilities to a VOC content limitation of
2.1 pounds of VOC per gallon of coating or, if an add-on control device
is used, a minimum overall control efficiency of 90 percent by weight.
This rule specifies the type of application equipment that can be
used in order to eliminate the use of application equipment with low
transfer efficiency. In addition, the rule sets work practice standards
that minimize VOC emissions from all coatings, thinners, and cleaning
materials. These work practice standards require the storage and
transfer of all such materials in closed containers or pipes in order
to minimize emissions.
This rule is approvable because it is consistent with EPA RACT
guidance, particularly the 2006 CTG for Flat Wood Paneling Coatings.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: April 27, 2009.
Walter W. Kovalick Jr,
Acting Regional Administrator, Region 5.
[FR Doc. E9-10658 Filed 5-6-09; 8:45 am]
BILLING CODE 6560-50-P