82_FR_42624 82 FR 42451 - Air Plan Approval; Ohio; Volatile Organic Compound Control Rules

82 FR 42451 - Air Plan Approval; Ohio; Volatile Organic Compound Control Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 173 (September 8, 2017)

Page Range42451-42454
FR Document2017-18864

The Environmental Protection Agency (EPA) is approving under the Clean Air Act (CAA), a November 18, 2015, State Implementation Plan (SIP) submittal from the Ohio Environmental Protection Agency consisting of adjustments and additions to volatile organic compound (VOC) rules in the Ohio Administrative Code (OAC). The changes to these rules are based on an Ohio-initiated five-year periodic review of its VOC rules and a new rule to update the VOC reasonably available control technology (RACT) requirements for the miscellaneous metal and plastic parts coatings source category for the Cleveland-Akron-Lorain area (``Cleveland area'') consisting of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit counties. Additionally, EPA is approving into the Ohio SIP an oxides of nitrogen (NO<INF>X</INF>) emission limit for Arcelor-Mittal Cleveland that Ohio is using as an offset in its anti-backsliding demonstration for architectural aluminum coatings.

Federal Register, Volume 82 Issue 173 (Friday, September 8, 2017)
[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Rules and Regulations]
[Pages 42451-42454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18864]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0802; FRL-9967-40-Region 5]


Air Plan Approval; Ohio; Volatile Organic Compound Control Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving under 
the Clean Air Act (CAA), a November 18, 2015, State Implementation Plan 
(SIP) submittal from the Ohio Environmental Protection Agency 
consisting of adjustments and additions to volatile organic compound 
(VOC) rules in the Ohio Administrative Code (OAC). The changes to these 
rules are based on an Ohio-initiated five-year periodic review of its 
VOC rules and a new rule to update the VOC reasonably available control 
technology (RACT) requirements for the miscellaneous metal and plastic 
parts coatings source category for the Cleveland-Akron-Lorain area 
(``Cleveland area'') consisting of Ashtabula, Cuyahoga, Geauga, Lake, 
Lorain, Medina, Portage, and Summit counties. Additionally, EPA is 
approving into the Ohio SIP an oxides of nitrogen (NOX) 
emission limit for Arcelor-Mittal Cleveland that Ohio is using as an 
offset in its anti-backsliding demonstration for architectural aluminum 
coatings.

DATES: This final rule is effective on October 10, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2015-0802. All documents in the docket are listed on 
the https://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information (CBI) 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 https://www.regulations.gov 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 Jenny Liljegren, Physical Scientist, at 
(312) 886-6832 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
[email protected].

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 is the purpose of this action?
II. What is EPA's analysis of Ohio's submitted VOC rules?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the purpose of this action?

    EPA is approving a November 18, 2015, Ohio SIP submittal consisting 
of adjustments and additions to OAC Chapter 3745-21. Specifically, this 
includes amended OAC rules 3745-21-01, 3745-21-03, 3745-21-04, 3745-21-
08, 3745-21-09, 3745-21-10, 3745-21-12, 3745-21-13, 3745-21-14, 3745-
21-15, 3745-21-16, 3745-21-17, 3745-21-18, 3745-21-19, 3745-21-20, 
3745-21-21, 3745-21-22, 3745-21-23, 3745-21-25, 3745-21-27, 3745-21-28, 
3745-21-29; rescission of existing OAC rule 3745-21-24, and adoption of 
new OAC rules 3745-21-24 and 3745-21-26.
    Except for OAC rule 3745-21-26, the changes to the Chapter 3745-21 
rules are based on an Ohio-initiated five-year periodic review of its 
VOC rules. When Ohio reviews a rule and amends greater than fifty 
percent of that rule, Ohio issues the entire rule as a new replacement 
rule. This is the case with OAC 3745-21-24. OAC rule 3745-21-26 is an 
entirely new rule, the purpose of which is to update the VOC RACT 
requirements for the Cleveland area for the miscellaneous metal and 
plastic parts coatings source category. Additionally, EPA is approving 
into the Ohio SIP the NOX emission limit on

[[Page 42452]]

unit P046 at the Arcelor-Mittal Cleveland facility, which is contained 
in OAC 3745-110-03(N). Ohio is using this emission limit as an offset 
in its CAA section 110(l) anti-backsliding demonstration for 
architectural coatings, which was discussed in detail in the May 11, 
2017, proposed rulemaking (82 FR 21960). EPA solicited public comment 
on this proposal and did not receive any comments during the comment 
period. Finally, EPA is approving OAC 3745-110-05(A) into the Ohio SIP, 
which provides that compliance with the NOX emission limit 
on unit P046 at Arcelor-Mittal Cleveland shall be demonstrated by 
performing emission tests in accordance with EPA Method 7, 7a, 7c, 7d, 
or 7e, and any additional approved EPA methods as applicable.

II. What is EPA's analysis of Ohio's submitted VOC rules?

    Many of Ohio's amendments to the rules in Chapter 3745-21 are not 
significant. These amendments include: Updates to items incorporated by 
reference; minor typographical changes to conform to new state 
preferences on style and formatting; updates to correct typographical 
and format errors; updates to reflect source name and/or address 
changes; the removal of references to sources which have been 
permanently shut down; updates to replace deadlines associated with 
previous rule effective dates with actual dates (e.g. ``sixty days from 
the effective date of this rule'' replaced with an actual date); and 
language updates to provide clarification and to avoid confusion. EPA 
reviewed these and other non-significant and/or non-substantive 
amendments and is approving them since they do not constitute 
significant and/or substantive changes to Ohio's rules.
    More significant amendments, those amendments requiring more 
explanation, and the addition of OAC rule 3745-21-26 were discussed in 
detail in the May 11, 2017, proposed rulemaking (82 FR 21960). These 
amendments pertain to catalytic incinerator requirements, references to 
operating permits, VOC recordkeeping requirements, solvent cleaning 
operations requirements, the addition of OAC rule 3745-21-26 surface 
coating of miscellaneous metal and plastic parts, and updates to the 
following rules: OAC rule 3745-21-24 flat wood paneling coatings and 
OAC rule 3745-21-28 miscellaneous industrial adhesives and sealants. 
EPA reviewed these amendments and is approving them for the reasons 
explained in detail in the May 11, 2017, proposed rulemaking (82 FR 
21960) which can be found in the docket to this final rule.

III. What action is EPA taking?

    EPA is approving into the Ohio SIP adjustments and additions to VOC 
RACT rules in OAC Chapter 3745-21. Additionally, EPA is incorporating 
into the Ohio SIP the NOX emission limit on unit P046 at the 
Arcelor-Mittal Cleveland facility, which is contained in OAC 3745-110-
03(N); Ohio is using this emission limit as an offset in its CAA 
section 110(l) anti-backsliding demonstration for the OAC rule 3745-21-
26 VOC content limit for architectural coatings. Finally, EPA is 
approving OAC 3745-110-05(A) into the Ohio SIP, which provides that 
compliance with the NOX emission limit on unit P046 at 
Arcelor-Mittal Cleveland shall be demonstrated by performing emission 
tests in accordance with EPA Method 7, 7a, 7c, 7d, or 7e, and any 
additional approved EPA methods as applicable.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Ohio 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through https://www.regulations.gov, and/or 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 EPA for 
inclusion in the SIP, have been incorporated by reference by 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 EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a

[[Page 42453]]

report containing this action and other required information to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. 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 November 7, 2017. 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 25, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    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:
0
a. Revising all the entries under the heading entitled ``Chapter 3745-
21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and 
Related Emission Requirements'';
0
b. Adding a new heading in numerical order entitled ``Chapter 3745-110 
Nitrogen Oxides--Reasonably Available Control Technology'' including 
entries for ``3745-110-03'' and ``3745-110-05''.
    The revisions and additions read as follows:


Sec.  52.1870   Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
                                                         Ohio
       Ohio citation             Title/subject         effective      EPA approval  date           Notes
                                                         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Chapter 3745--21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
----------------------------------------------------------------------------------------------------------------
3745-21-01.................  Definitions and            10/15/2015  9/8/2017, [insert
                              incorporation by                       Federal Register
                              reference.                             citation].
3745-21-02.................  Ambient air quality         8/25/2008  7/28/2009, 74 FR
                              standards and                          37171.
                              guidelines.
3745-21-03.................  Methods of ambient         10/15/2015  9/8/2017, [insert
                              air quality                            Federal Register
                              measurement.                           citation].
3745-21-04.................  Compliance time            10/15/2015  9/8/2017, [insert
                              schedules.                             Federal Register
                                                                     citation].
3745-21-06.................  Classification of           8/25/2008  7/28/2009, 74 FR
                              regions.                               37171.
3745-21-07.................  Control of emissions        2/18/2008  8/19/2011, 76 FR
                              of organic materials                   51901.
                              from stationary
                              sources (i.e.,
                              emissions that are
                              not regulated by
                              rule 3745-21-09,
                              3745-21-12, 3745-21-
                              13, 3745-21-14, 3745-
                              21-15, 3745-21-16,
                              or 3745-21-18 of the
                              administrative code).
3745-21-08.................  Control of carbon          10/15/2015  9/8/2017, [insert
                              monoxide emissions                     Federal Register
                              from stationary                        citation].
                              sources.
3745-21-09.................  Control of emissions       10/15/2015  9/8/2017, [insert
                              of volatile organic                    Federal Register
                              compounds from                         citation].
                              stationary sources
                              and
                              perchloroethylene
                              from dry cleaning
                              facilities.
3745-21-10.................  Compliance test            10/15/2015  9/8/2017, [insert
                              methods and                            Federal Register
                              procedures.                            citation].
3745-21-12.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic compound                       Federal Register
                              emissions from                         citation].
                              commercial bakery
                              oven facilities.
3745-21-13.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic compound                       Federal Register
                              emissions from                         citation].
                              reactors and
                              distillation units
                              employed in SOCMI
                              chemical production.
3745-21-14.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic compound                       Federal Register
                              emissions from                         citation].
                              process vents in
                              batch operations.
3745-21-15.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic compound                       Federal Register
                              emissions from wood                    citation].
                              furniture
                              manufacturing
                              operations.
3745-21-16.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic compound                       Federal Register
                              emissions from                         citation].
                              industrial
                              wastewater.
3745-21-17.................  Portable fuel              10/15/2015  9/8/2017, [insert
                              containers.                            Federal Register
                                                                     citation].

[[Page 42454]]

 
3745-21-18.................  Commercial motor           10/15/2015  9/8/2017, [insert
                              vehicle and mobile                     Federal Register
                              equipment                              citation].
                              refinishing
                              operations.
3745-21-19.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic compound                       Federal Register
                              emissions from                         citation].
                              aerospace
                              manufacturing and
                              rework facilities.
3745-21-20.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic emissions                      Federal Register
                              from shipbuilding                      citation].
                              and ship repair
                              operations (marine
                              coatings).
3745-21-21.................  Storage of volatile        10/15/2015  9/8/2017, [insert
                              organic liquids in                     Federal Register
                              fixed roof tanks and                   citation].
                              external floating
                              roof tanks.
3745-21-22.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic compound                       Federal Register
                              emissions from                         citation].
                              offset lithographic
                              printing and
                              letterpress printing
                              facilities.
3745-21-23.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic compound                       Federal Register
                              emissions from                         citation].
                              industrial solvent
                              cleaning operations.
3745-21-24.................  Flat wood paneling         10/15/2015  9/8/2017, [insert
                              coatings.                              Federal Register
                                                                     citation].
3745-21-25.................  Control of VOC             10/15/2015  9/8/2017, [insert
                              emissions from                         Federal Register
                              reinforced plastic                     citation].
                              composites
                              production
                              operations.
3745-21-26.................  Surface coating of         10/15/2015  9/8/2017, [insert
                              miscellaneous metal                    Federal Register
                              and plastic parts.                     citation].
3745-21-27.................  Boat manufacturing...      10/15/2015  9/8/2017, [insert
                                                                     Federal Register
                                                                     citation].
3745-21-28.................  Miscellaneous              10/15/2015  9/8/2017, [insert
                              industrial adhesives                   Federal Register
                              and sealants.                          citation].
3745-21-29.................  Control of volatile        10/15/2015  9/8/2017, [insert
                              organic compound                       Federal Register
                              emissions from                         citation].
                              automobile and light-
                              duty truck assembly
                              coating operations,
                              heavier vehicle
                              assembly coating
                              operations, and
                              cleaning operations
                              associated with
                              these coating
                              operations.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                   Chapter 3745-110--Nitrogen Oxides--Reasonably Available Control Technology
----------------------------------------------------------------------------------------------------------------
3745-110-03................  RACT requirements and/     07/18/2013  9/8/2017, [insert      Only the NOX emission
                              or limitations for                     Federal Register       limitation on unit
                              emissions of NOX                       citation].             P046 contained in
                              from stationary                                               3745-110-03(N).
                              sources.
3745-110-05................  Compliance methods...      07/18/2013  9/8/2017, [insert      Only (A). For
                                                                     Federal Register       purposes of
                                                                     citation].             demonstrating
                                                                                            compliance with the
                                                                                            NOX emission
                                                                                            limitation on unit
                                                                                            P046 contained in
                                                                                            3745-110-03(N).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-18864 Filed 9-7-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations                                         42451

                                              I. National Technology Transfer and                     dioxide, Particulate matter, Reporting                copyrighted material, is not placed on
                                              Advancement Act (NTTAA)                                 and recordkeeping requirements, Sulfur                the Internet and will be publicly
                                                 This rulemaking does not involve                     dioxide, Volatile organic compounds.                  available only in hard copy form.
                                              technical standards. This action merely                   Authority: 42 U.S.C. 7401 et seq.                   Publicly available docket materials are
                                              approves a state request for an                                                                               available either through https://
                                                                                                        Dated: August 21, 2017.
                                              attainment date extension.                                                                                    www.regulations.gov or at the
                                                                                                      Debra H. Thomas,                                      Environmental Protection Agency,
                                              J. Executive Order 12898: Federal                       Acting Regional Administrator, Region 8.              Region 5, Air and Radiation Division, 77
                                              Actions To Address Environmental                          Dated: August 22, 2017.                             West Jackson Boulevard, Chicago,
                                              Justice in Minority Populations and                     Michelle L. Pirzadeh,                                 Illinois 60604. This facility is open from
                                              Low-Income Population                                   Acting Regional Administrator, Region 10.             8:30 a.m. to 4:30 p.m., Monday through
                                                 The EPA believes that this action does               [FR Doc. 2017–18878 Filed 9–7–17; 8:45 am]            Friday, excluding Federal holidays. We
                                              not have disproportionately high and                    BILLING CODE 6560–50–P                                recommend that you telephone Jenny
                                              adverse human health or environmental                                                                         Liljegren, Physical Scientist, at (312)
                                              effects on minority populations, low-                                                                         886–6832 before visiting the Region 5
                                              income populations and/or indigenous                    ENVIRONMENTAL PROTECTION                              office.
                                              peoples, as specified in Executive Order                AGENCY                                                FOR FURTHER INFORMATION CONTACT:
                                              12898 (59 FR 7629, February 16, 1994).                                                                        Jenny Liljegren, Physical Scientist,
                                              This action approves a state request for                40 CFR Part 52
                                                                                                                                                            Attainment Planning and Maintenance
                                              an attainment date extension based on                   [EPA–R05–OAR–2015–0802; FRL–9967–40–                  Section, Air Programs Branch (AR–18J),
                                              the state’s compliance with                             Region 5]                                             Environmental Protection Agency,
                                              requirements and commitments in its                                                                           Region 5, 77 West Jackson Boulevard,
                                              plan and recent air quality monitoring                  Air Plan Approval; Ohio; Volatile
                                                                                                      Organic Compound Control Rules                        Chicago, Illinois 60604, (312) 886–6832,
                                              data that meets requirements for an                                                                           Liljegren.Jennifer@epa.gov.
                                              extension.                                              AGENCY:  Environmental Protection                     SUPPLEMENTARY INFORMATION:
                                              K. Congressional Review Act (CRA)                       Agency (EPA).                                         Throughout this document whenever
                                                 The Congressional Review Act, 5                      ACTION: Final rule.                                   ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                              U.S.C. 801 et seq., as added by the Small                                                                     EPA. This supplementary information
                                                                                                      SUMMARY:    The Environmental Protection
                                              Business Regulatory Enforcement                                                                               section is arranged as follows:
                                                                                                      Agency (EPA) is approving under the
                                              Fairness Act of 1996, generally provides                Clean Air Act (CAA), a November 18,                   I. What is the purpose of this action?
                                              that before a rule may take effect, the                 2015, State Implementation Plan (SIP)                 II. What is EPA’s analysis of Ohio’s
                                              agency promulgating the rule must                       submittal from the Ohio Environmental                      submitted VOC rules?
                                              submit a rule report, which includes a                                                                        III. What action is EPA taking?
                                                                                                      Protection Agency consisting of                       IV. Incorporation by Reference
                                              copy of the rule, to each House of the                  adjustments and additions to volatile
                                              Congress and to the Comptroller General                                                                       V. Statutory and Executive Order Reviews
                                                                                                      organic compound (VOC) rules in the
                                              of the United States. This action is                    Ohio Administrative Code (OAC). The                   I. What is the purpose of this action?
                                              subject to the CRA, and the EPA will                    changes to these rules are based on an
                                              submit a rule report to each House of                                                                            EPA is approving a November 18,
                                                                                                      Ohio-initiated five-year periodic review              2015, Ohio SIP submittal consisting of
                                              the Congress and to the Comptroller                     of its VOC rules and a new rule to
                                              General of the United States. A major                                                                         adjustments and additions to OAC
                                                                                                      update the VOC reasonably available                   Chapter 3745–21. Specifically, this
                                              rule cannot take effect until 60 days                   control technology (RACT) requirements
                                              after it is published in the Federal                                                                          includes amended OAC rules 3745–21–
                                                                                                      for the miscellaneous metal and plastic               01, 3745–21–03, 3745–21–04, 3745–21–
                                              Register. This action is not a ‘‘major                  parts coatings source category for the
                                              rule’’ as defined by 5 U.S.C. 804(2).                                                                         08, 3745–21–09, 3745–21–10, 3745–21–
                                                                                                      Cleveland-Akron-Lorain area                           12, 3745–21–13, 3745–21–14, 3745–21–
                                              L. Petitions for Judicial Review                        (‘‘Cleveland area’’) consisting of                    15, 3745–21–16, 3745–21–17, 3745–21–
                                                 Under section 307(b)(1) of the CAA,                  Ashtabula, Cuyahoga, Geauga, Lake,                    18, 3745–21–19, 3745–21–20, 3745–21–
                                              petitions for judicial review of this                   Lorain, Medina, Portage, and Summit                   21, 3745–21–22, 3745–21–23, 3745–21–
                                              action must be filed in the United States               counties. Additionally, EPA is                        25, 3745–21–27, 3745–21–28, 3745–21–
                                              Court of Appeals for the appropriate                    approving into the Ohio SIP an oxides                 29; rescission of existing OAC rule
                                              circuit by November 7, 2017. Filing a                   of nitrogen (NOX) emission limit for                  3745–21–24, and adoption of new OAC
                                              petition for reconsideration by the                     Arcelor-Mittal Cleveland that Ohio is                 rules 3745–21–24 and 3745–21–26.
                                              Administrator of this final rule does not               using as an offset in its anti-backsliding               Except for OAC rule 3745–21–26, the
                                              affect the finality of this rule for the                demonstration for architectural                       changes to the Chapter 3745–21 rules
                                              purposes of judicial review nor does it                 aluminum coatings.                                    are based on an Ohio-initiated five-year
                                              extend the time within which a petition                 DATES: This final rule is effective on                periodic review of its VOC rules. When
                                              for judicial review may be filed, and                   October 10, 2017.                                     Ohio reviews a rule and amends greater
                                              shall not postpone the effectiveness of                 ADDRESSES: EPA has established a                      than fifty percent of that rule, Ohio
                                              such rule or action. This action may not                docket for this action under Docket ID                issues the entire rule as a new
                                              be challenged later in proceedings to                   No. EPA–R05–OAR–2015–0802. All                        replacement rule. This is the case with
                                              enforce its requirements (see section                   documents in the docket are listed on                 OAC 3745–21–24. OAC rule 3745–21–
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                                              307(b)(2)).                                             the https://www.regulations.gov Web                   26 is an entirely new rule, the purpose
                                                                                                      site. Although listed in the index, some              of which is to update the VOC RACT
                                              List of Subjects in 40 CFR Part 52                      information is not publicly available,                requirements for the Cleveland area for
                                                Environmental protection, Air                         i.e., Confidential Business Information               the miscellaneous metal and plastic
                                              pollution control, Ammonia,                             (CBI) or other information whose                      parts coatings source category.
                                              Incorporation by reference,                             disclosure is restricted by statute.                  Additionally, EPA is approving into the
                                              Intergovernmental relations, Nitrogen                   Certain other material, such as                       Ohio SIP the NOX emission limit on


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                                              42452            Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations

                                              unit P046 at the Arcelor-Mittal                         FR 21960) which can be found in the                    Federal requirements and does not
                                              Cleveland facility, which is contained in               docket to this final rule.                             impose additional requirements beyond
                                              OAC 3745–110–03(N). Ohio is using                                                                              those imposed by state law. For that
                                                                                                      III. What action is EPA taking?
                                              this emission limit as an offset in its                                                                        reason, this action:
                                              CAA section 110(l) anti-backsliding                        EPA is approving into the Ohio SIP                     • Is not a significant regulatory action
                                              demonstration for architectural coatings,               adjustments and additions to VOC                       subject to review by the Office of
                                              which was discussed in detail in the                    RACT rules in OAC Chapter 3745–21.                     Management and Budget under
                                              May 11, 2017, proposed rulemaking (82                   Additionally, EPA is incorporating into                Executive Orders 12866 (58 FR 51735,
                                              FR 21960). EPA solicited public                         the Ohio SIP the NOX emission limit on                 October 4, 1993) and 13563 (76 FR 3821,
                                              comment on this proposal and did not                    unit P046 at the Arcelor-Mittal                        January 21, 2011);
                                              receive any comments during the                         Cleveland facility, which is contained in                 • Does not impose an information
                                              comment period. Finally, EPA is                         OAC 3745–110–03(N); Ohio is using                      collection burden under the provisions
                                              approving OAC 3745–110–05(A) into                       this emission limit as an offset in its                of the Paperwork Reduction Act (44
                                              the Ohio SIP, which provides that                       CAA section 110(l) anti-backsliding                    U.S.C. 3501 et seq.);
                                              compliance with the NOX emission                        demonstration for the OAC rule 3745–                      • Is certified as not having a
                                              limit on unit P046 at Arcelor-Mittal                    21–26 VOC content limit for                            significant economic impact on a
                                              Cleveland shall be demonstrated by                      architectural coatings. Finally, EPA is                substantial number of small entities
                                              performing emission tests in accordance                 approving OAC 3745–110–05(A) into                      under the Regulatory Flexibility Act (5
                                              with EPA Method 7, 7a, 7c, 7d, or 7e,                   the Ohio SIP, which provides that                      U.S.C. 601 et seq.);
                                              and any additional approved EPA                         compliance with the NOX emission                          • Does not contain any unfunded
                                              methods as applicable.                                  limit on unit P046 at Arcelor-Mittal                   mandate or significantly or uniquely
                                                                                                      Cleveland shall be demonstrated by                     affect small governments, as described
                                              II. What is EPA’s analysis of Ohio’s                    performing emission tests in accordance                in the Unfunded Mandates Reform Act
                                              submitted VOC rules?                                    with EPA Method 7, 7a, 7c, 7d, or 7e,                  of 1995 (Pub. L. 104–4);
                                                 Many of Ohio’s amendments to the                     and any additional approved EPA                           • Does not have Federalism
                                              rules in Chapter 3745–21 are not                        methods as applicable.                                 implications as specified in Executive
                                              significant. These amendments include:                                                                         Order 13132 (64 FR 43255, August 10,
                                              Updates to items incorporated by                        IV. Incorporation by Reference
                                                                                                                                                             1999);
                                              reference; minor typographical changes                    In this rule, EPA is finalizing                         • Is not an economically significant
                                              to conform to new state preferences on                  regulatory text that includes                          regulatory action based on health or
                                              style and formatting; updates to correct                incorporation by reference. In                         safety risks subject to Executive Order
                                              typographical and format errors;                        accordance with requirements of 1 CFR                  13045 (62 FR 19885, April 23, 1997);
                                              updates to reflect source name and/or                   51.5, EPA is finalizing the incorporation                 • Is not a significant regulatory action
                                              address changes; the removal of                         by reference of the Ohio Regulations                   subject to Executive Order 13211 (66 FR
                                              references to sources which have been                   described in the amendments to 40 CFR                  28355, May 22, 2001);
                                              permanently shut down; updates to                       part 52 set forth below. EPA has made,                    • Is not subject to requirements of
                                              replace deadlines associated with                       and will continue to make, these                       Section 12(d) of the National
                                              previous rule effective dates with actual               documents generally available through                  Technology Transfer and Advancement
                                              dates (e.g. ‘‘sixty days from the effective             https://www.regulations.gov, and/or at                 Act of 1995 (15 U.S.C. 272 note) because
                                              date of this rule’’ replaced with an                    the EPA Region 5 Office (please contact                application of those requirements would
                                              actual date); and language updates to                   the person identified in the FOR FURTHER               be inconsistent with the CAA; and
                                              provide clarification and to avoid                      INFORMATION CONTACT section of this                       • Does not provide EPA with the
                                              confusion. EPA reviewed these and                       preamble for more information).                        discretionary authority to address, as
                                              other non-significant and/or non-                       Therefore, these materials have been                   appropriate, disproportionate human
                                              substantive amendments and is                           approved by EPA for inclusion in the                   health or environmental effects, using
                                              approving them since they do not                        SIP, have been incorporated by                         practicable and legally permissible
                                              constitute significant and/or substantive               reference by EPA into that plan, are                   methods, under Executive Order 12898
                                              changes to Ohio’s rules.                                fully federally enforceable under                      (59 FR 7629, February 16, 1994).
                                                 More significant amendments, those                   sections 110 and 113 of the CAA as of                     In addition, the SIP is not approved
                                              amendments requiring more                               the effective date of the final rulemaking             to apply on any Indian reservation land
                                              explanation, and the addition of OAC                    of EPA’s approval, and will be                         or in any other area where EPA or an
                                              rule 3745–21–26 were discussed in                       incorporated by reference by the                       Indian tribe has demonstrated that a
                                              detail in the May 11, 2017, proposed                    Director of the Federal Register in the                tribe has jurisdiction. In those areas of
                                              rulemaking (82 FR 21960). These                         next update to the SIP compilation.1                   Indian country, the rule does not have
                                              amendments pertain to catalytic                                                                                tribal implications and will not impose
                                              incinerator requirements, references to                 V. Statutory and Executive Order                       substantial direct costs on tribal
                                              operating permits, VOC recordkeeping                    Reviews                                                governments or preempt tribal law as
                                              requirements, solvent cleaning                            Under the CAA, the Administrator is                  specified by Executive Order 13175 (65
                                              operations requirements, the addition of                required to approve a SIP submission                   FR 67249, November 9, 2000).
                                              OAC rule 3745–21–26 surface coating of                  that complies with the provisions of the                  The Congressional Review Act, 5
                                              miscellaneous metal and plastic parts,                  CAA and applicable Federal regulations.                U.S.C. 801 et seq., as added by the Small
                                              and updates to the following rules: OAC                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                    Business Regulatory Enforcement
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                                              rule 3745–21–24 flat wood paneling                      Thus, in reviewing SIP submissions,                    Fairness Act of 1996, generally provides
                                              coatings and OAC rule 3745–21–28                        EPA’s role is to approve state choices,                that before a rule may take effect, the
                                              miscellaneous industrial adhesives and                  provided that they meet the criteria of                agency promulgating the rule must
                                              sealants. EPA reviewed these                            the CAA. Accordingly, this action                      submit a rule report, which includes a
                                              amendments and is approving them for                    merely approves state law as meeting                   copy of the rule, to each House of the
                                              the reasons explained in detail in the                                                                         Congress and to the Comptroller General
                                              May 11, 2017, proposed rulemaking (82                     1 62   FR 27968 (May 22, 1997).                      of the United States. EPA will submit a


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                                                                 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations                                                           42453

                                              report containing this action and other                      be challenged later in proceedings to                           Authority: 42 U.S.C. 7401 et seq.
                                              required information to the U.S. Senate,                     enforce its requirements. (See section
                                              the U.S. House of Representatives, and                       307(b)(2).)                                                 ■ 2. In § 52.1870, the table in paragraph
                                              the Comptroller General of the United                                                                                    (c) is amended by:
                                                                                                           List of Subjects in 40 CFR Part 52
                                              States prior to publication of the rule in                                                                               ■ a. Revising all the entries under the
                                              the Federal Register. A major rule                             Environmental protection, Air                             heading entitled ‘‘Chapter 3745–21
                                              cannot take effect until 60 days after it                    pollution control, Incorporation by                         Carbon Monoxide, Ozone, Hydrocarbon
                                              is published in the Federal Register.                        reference, Intergovernmental relations,                     Air Quality Standards, and Related
                                              This action is not a ‘‘major rule’’ as                       Reporting and recordkeeping                                 Emission Requirements’’;
                                              defined by 5 U.S.C. 804(2).                                  requirements, Volatile organic                              ■ b. Adding a new heading in numerical
                                                 Under section 307(b)(1) of the CAA,                       compounds.
                                              petitions for judicial review of this                                                                                    order entitled ‘‘Chapter 3745–110
                                                                                                             Dated: August 25, 2017.                                   Nitrogen Oxides—Reasonably Available
                                              action must be filed in the United States
                                              Court of Appeals for the appropriate                         Robert A. Kaplan,                                           Control Technology’’ including entries
                                              circuit by November 7, 2017. Filing a                        Acting Regional Administrator, Region 5.                    for ‘‘3745–110–03’’ and ‘‘3745–110–05’’.
                                              petition for reconsideration by the                              40 CFR part 52 is amended as follows:                      The revisions and additions read as
                                              Administrator of this final rule does not                                                                                follows:
                                              affect the finality of this action for the                   PART 52—APPROVAL AND
                                              purposes of judicial review nor does it                      PROMULGATION OF                                             § 52.1870     Identification of plan.
                                              extend the time within which a petition                      IMPLEMENTATION PLANS                                        *       *    *        *    *
                                              for judicial review may be filed, and
                                                                                                                                                                           (c) * * *
                                              shall not postpone the effectiveness of                      ■ 1. The authority citation for part 52
                                              such rule or action. This action may not                     continues to read as follows:

                                                                                                               EPA-APPROVED OHIO REGULATIONS
                                                                                                                                         Ohio                   EPA approval
                                                 Ohio citation                            Title/subject                                effective                                                      Notes
                                                                                                                                                                   date
                                                                                                                                         date


                                                        *                          *                           *                         *                        *                      *                     *

                                                        Chapter 3745—21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements

                                              3745–21–01 .......      Definitions and incorporation by reference ...                   10/15/2015        9/8/2017, [insert Federal
                                                                                                                                                           Register citation].
                                              3745–21–02 .......      Ambient air quality standards and guidelines                      8/25/2008        7/28/2009, 74 FR 37171.
                                              3745–21–03 .......      Methods of ambient air quality measure-                          10/15/2015        9/8/2017, [insert Federal
                                                                       ment.                                                                               Register citation].
                                              3745–21–04 .......      Compliance time schedules ..........................             10/15/2015        9/8/2017, [insert Federal
                                                                                                                                                           Register citation].
                                              3745–21–06 .......      Classification of regions ...............................          8/25/2008       7/28/2009, 74 FR 37171.
                                              3745–21–07 .......      Control of emissions of organic materials                          2/18/2008       8/19/2011, 76 FR 51901.
                                                                        from stationary sources (i.e., emissions
                                                                        that are not regulated by rule 3745–21–
                                                                        09, 3745–21–12, 3745–21–13, 3745–21–
                                                                        14, 3745–21–15, 3745–21–16, or 3745–
                                                                        21–18 of the administrative code).
                                              3745–21–08 .......      Control of carbon monoxide emissions from                        10/15/2015        9/8/2017, [insert Federal
                                                                        stationary sources.                                                                Register citation].
                                              3745–21–09 .......      Control of emissions of volatile organic                         10/15/2015        9/8/2017, [insert Federal
                                                                        compounds from stationary sources and                                              Register citation].
                                                                        perchloroethylene from dry cleaning facili-
                                                                        ties.
                                              3745–21–10 .......      Compliance test methods and procedures ...                       10/15/2015        9/8/2017, [insert Federal
                                                                                                                                                           Register citation].
                                              3745–21–12 .......      Control of volatile organic compound emis-                       10/15/2015        9/8/2017, [insert Federal
                                                                        sions from commercial bakery oven facili-                                          Register citation].
                                                                        ties.
                                              3745–21–13 .......      Control of volatile organic compound emis-                       10/15/2015        9/8/2017, [insert Federal
                                                                        sions from reactors and distillation units                                         Register citation].
                                                                        employed in SOCMI chemical production.
                                              3745–21–14 .......      Control of volatile organic compound emis-                       10/15/2015        9/8/2017, [insert Federal
                                                                        sions from process vents in batch oper-                                            Register citation].
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                                                                        ations.
                                              3745–21–15 .......      Control of volatile organic compound emis-                       10/15/2015        9/8/2017, [insert Federal
                                                                        sions from wood furniture manufacturing                                            Register citation].
                                                                        operations.
                                              3745–21–16 .......      Control of volatile organic compound emis-                       10/15/2015        9/8/2017, [insert Federal
                                                                        sions from industrial wastewater.                                                  Register citation].
                                              3745–21–17 .......      Portable fuel containers ................................        10/15/2015        9/8/2017, [insert Federal
                                                                                                                                                           Register citation].



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                                              42454               Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations

                                                                                                     EPA-APPROVED OHIO REGULATIONS—Continued
                                                                                                                                          Ohio                   EPA approval
                                                  Ohio citation                            Title/subject                                effective                                                       Notes
                                                                                                                                                                    date
                                                                                                                                          date

                                              3745–21–18 .......       Commercial motor vehicle and mobile                              10/15/2015        9/8/2017, [insert Federal
                                                                         equipment refinishing operations.                                                  Register citation].
                                              3745–21–19 .......       Control of volatile organic compound emis-                       10/15/2015        9/8/2017, [insert Federal
                                                                         sions from aerospace manufacturing and                                             Register citation].
                                                                         rework facilities.
                                              3745–21–20 .......       Control of volatile organic emissions from                       10/15/2015        9/8/2017, [insert Federal
                                                                         shipbuilding and ship repair operations                                            Register citation].
                                                                         (marine coatings).
                                              3745–21–21 .......       Storage of volatile organic liquids in fixed                     10/15/2015        9/8/2017, [insert Federal
                                                                         roof tanks and external floating roof tanks.                                       Register citation].
                                              3745–21–22 .......       Control of volatile organic compound emis-                       10/15/2015        9/8/2017, [insert Federal
                                                                         sions from offset lithographic printing and                                        Register citation].
                                                                         letterpress printing facilities.
                                              3745–21–23 .......       Control of volatile organic compound emis-                       10/15/2015        9/8/2017, [insert Federal
                                                                         sions from industrial solvent cleaning op-                                         Register citation].
                                                                         erations.
                                              3745–21–24 .......       Flat wood paneling coatings .........................            10/15/2015        9/8/2017, [insert Federal
                                                                                                                                                            Register citation].
                                              3745–21–25 .......       Control of VOC emissions from reinforced                         10/15/2015        9/8/2017, [insert Federal
                                                                         plastic composites production operations.                                          Register citation].
                                              3745–21–26 .......       Surface coating of miscellaneous metal and                       10/15/2015        9/8/2017, [insert Federal
                                                                         plastic parts.                                                                     Register citation].
                                              3745–21–27 .......       Boat manufacturing ......................................        10/15/2015        9/8/2017, [insert Federal
                                                                                                                                                            Register citation].
                                              3745–21–28 .......       Miscellaneous industrial adhesives and                           10/15/2015        9/8/2017, [insert Federal
                                                                         sealants.                                                                          Register citation].
                                              3745–21–29 .......       Control of volatile organic compound emis-                       10/15/2015        9/8/2017, [insert Federal
                                                                         sions from automobile and light-duty truck                                         Register citation].
                                                                         assembly coating operations, heavier ve-
                                                                         hicle assembly coating operations, and
                                                                         cleaning operations associated with these
                                                                         coating operations.

                                                         *                          *                          *                          *                        *                     *                      *

                                                                                   Chapter 3745–110—Nitrogen Oxides—Reasonably Available Control Technology

                                              3745–110–03 .....        RACT requirements and/or limitations for                         07/18/2013        9/8/2017, [insert Federal          Only the NOX emission limi-
                                                                        emissions of NOX from stationary sources.                                           Register citation].               tation on unit P046 con-
                                                                                                                                                                                              tained in 3745–110–03(N).
                                              3745–110–05 .....        Compliance methods ....................................          07/18/2013        9/8/2017, [insert Federal          Only (A). For purposes of
                                                                                                                                                            Register citation].               demonstrating compliance
                                                                                                                                                                                              with the NOX emission lim-
                                                                                                                                                                                              itation on unit P046 con-
                                                                                                                                                                                              tained in 3745–110–03(N).

                                                         *                          *                          *                          *                        *                     *                      *



                                              *      *       *        *      *                              ACTION:     Final rule.                                     DATES:  This final rule is effective on
                                              [FR Doc. 2017–18864 Filed 9–7–17; 8:45 am]                                                                                October 10, 2017.
                                              BILLING CODE 6560–50–P                                        SUMMARY:    Pursuant to the Federal Clean                   ADDRESSES: The EPA has established a
                                                                                                            Air Act (CAA or the Act), the                               docket for this action under Docket ID
                                                                                                            Environmental Protection Agency (EPA)                       No. EPA–R06–OAR–2016–0550. All
                                              ENVIRONMENTAL PROTECTION                                      is approving the required second carbon                     documents in the docket are listed on
                                              AGENCY                                                        monoxide (CO) maintenance plan as a                         the http://www.regulations.gov Web
                                              40 CFR Part 52                                                revision to the Texas State                                 site. Although listed in the index, some
                                                                                                            Implementation Plan (SIP). The El Paso,                     information is not publicly available,
                                              [EPA–R06–OAR–2016–0550; FRL–9966–98–                          Texas CO maintenance area (El Paso                          e.g., Confidential Business Information
                                              Region 6]                                                     Area) has been demonstrating consistent                     or other information whose disclosure is
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                                                                                                            air quality monitoring at or below 85%                      restricted by statute. Certain other
                                              Approval and Promulgation of
                                                                                                            of the CO National Ambient Air Quality                      material, such as copyrighted material,
                                              Implementation Plans; Texas; El Paso
                                                                                                            Standard (NAAQS or standard). Because                       is not placed on the Internet and will be
                                              Carbon Monoxide Limited Maintenance
                                                                                                            of this, the State of Texas, through its                    publicly available only in hard copy
                                              Plan
                                                                                                            designee, submitted the required second                     form. Publicly available docket
                                              AGENCY: Environmental Protection                              maintenance plan for the El Paso Area                       materials are available either
                                              Agency (EPA).                                                 as a Limited Maintenance Plan (LMP).                        electronically through http://


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Document Created: 2018-10-24 14:09:24
Document Modified: 2018-10-24 14:09:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on October 10, 2017.
ContactJenny Liljegren, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6832, [email protected]
FR Citation82 FR 42451 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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