On May 17, 2021, Ohio EPA began accepting public comments on draft changes to Ohio Administrative Code (OAC) Chapter 3745-21, “Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards.” The comment period ends on June 18, 2021.

These draft changes are being made to satisfy Ohio EPA’s 5-year rule review requirements and to adopt mandatory Reasonably Available Control Technology (RACT) requirements for the Cincinnati and Cleveland 2015 ozone nonattainment areas. The draft changes resulting from the 5-year rule review are for the most part relatively minor. The draft changes resulting from the implementation of RACT requirements to the Cincinnati and Cleveland 2015 ozone nonattainment areas are much more substantive. The Cincinnati ozone nonattainment area includes facilities located in Butler, Clermont, Hamilton, and Warren Counties. The Cleveland ozone nonattainment area includes facilities located in Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties.

The following is a summary of the most substantive changes:

A. OAC Rule 3745-21-07 Control of Emissions of Organic Materials from Stationary Sources:

Paragraph (M)(5)(j) is being added to reinstate the following exemption that was included as part of the 1999 rulemaking under OAC rule 3745-21-07(G)(9)(i) but was erroneously left out when this rule was updated in 2008.

Paragraph (M)(2) of this rule shall not apply to the use of a phenolic urethane no-bake resin binder system in foundry core-making and mold-making operations. (In a phenolic urethane no-bake resin binder system, sand is mixed with a two-part liquid urethane resin binder and a liquid catalyst, which regulates the speed of the resin curing reaction.)

B. OAC Rule 3745-21-28 Miscellaneous Industrial Adhesives and Sealants

Paragraph (A)(3)(k) is being added to exempt miscellaneous industrial adhesive and sealant application processes at facilities that are required to comply with OAC rule 3745-21-25 Control of Volatile Organic Compound Emissions from Reinforced Plastic Composites Production Operations.

Paragraph (A)(3)(l) is being added to exempt miscellaneous industrial adhesive and sealant application processes at facilities that are required to comply with OAC rule 3745-21-29 Control of Volatile Organic Compound Emissions from Automobile and Light-duty Truck Assembly Coating Operations, Heavier Vehicle Assembly Coating Operations and Cleaning Operations Associated with These Coating Operations.

C. RACT FOR THE CINCINNATI AND CLEVELAND 2015 OZONE MODERATE NONATTAINMENT AREAS

The Cincinnati and Cleveland nonattainment areas are currently classified as marginal nonattainment for the 2015 ozone standard. They are required to meet the ozone standard by August 3, 2021. Ohio EPA anticipates the Cincinnati and Cleveland nonattainment areas will be reclassified as moderate nonattainment by US EPA because they failed to meet the ozone standard during the 2018-2020 ozone monitoring seasons. Reclassification to moderate nonattainment triggers additional Clean Air Act requirements, including VOC RACT requirements.

The following is a summary of the most substantive changes resulting from the reclassification to moderate nonattainment:

1. OAC Rule 3745-21-04 Compliance Time Schedules

Paragraph (B)(3)(b) is being revised to require the submission of a certification or operating permit application for solvent metal cleaning, packaging rotogravure printing lines, publication rotogravure printing lines, or flexographic printing lines located in the Cleveland nonattainment area.

Paragraph (B)(3)(c) is being revised to require the submission of a certification or operating permit application for paper coating lines, metal furniture coating lines, large appliance coating lines, and packaging rotogravure printing lines, publication rotogravure printing lines, or flexographic printing lines located in the Cincinnati nonattainment area.

2. OAC rule 3745-21-09 Control of Emissions of Volatile Organic Compounds from Stationary Sources and Perchloroethylene Dry Cleaning Facilities

Paragraph (A)(6) is being revised to remove the Cincinnati nonattainment area from the applicability for OAC rule 3745-21-09(U). Facilities previously subject to OAC rule 3745-21-09(U) and located in the Cincinnati nonattainment are will now be subject to OAC rule 3745-21-26.

Paragraph (F)(2) of this rule is being revised to expand requirements for paper coating lines to the Cincinnati nonattainment area.

Paragraph (I)(4) of this rule is being revised to expand requirements for metal furniture coating lines to the Cincinnati nonattainment area.

Paragraph (K)(6) of this rule is being revised to expand requirements for large appliance coating lines to the Cincinnati nonattainment area.

Paragraph (Y)(4) of this rule is being revised to expand requirements for packaging rotogravure printing lines, publication rotogravure printing lines, or flexographic printing lines to the Cincinnati nonattainment area.

3. OAC rule 3745-21-11 Reasonably Available Control Technology Studies for Ozone Nonattainment Areas

This new rule is being promulgated to require facilities in the Cincinnati and Cleveland nonattainment areas with the potential to emit 100 tons per year or more of VOC, where not already controlled by other requirements in OAC chapter 3745-21, to submit a RACT study within one year of the effective date of the rule. This new rule also requires facilities in the nonattainment areas that have exiting site-specific RACT established to submit an updated RACT study within one year of the effective date of the rule.

4. OAC rule 3745-21-19 Control of Volatile Organic Compound Emissions from Aerospace Manufacturing and Rework Facilities

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

5. OAC rule 3745-21-20 Control of Volatile Organic Compound Emissions from Shipbuilding and Ship Repair Operations (marine coatings)

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

6. OAC rule 3745-21-21 Storage of Volatile Organic Liquids in Fixed Roof Tanks and External Floating Roof Tanks

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

7. OAC rule 3745-21-22 Control of Volatile Organic Compound Emissions from Offset Lithographic Printing and Letterpress Printing Facilities

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

8. OAC rule 3745-21-23 Control of Volatile Organic Compound Emissions from Industrial Solvent Cleaning Operations

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

9. OAC rule 3745-21-24 Flat Wood Paneling Coatings

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

10. OAC rule 3745-21-26 Surface Coating of Miscellaneous Metal and Plastic Parts

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

11. OAC rule 3745-21-27 Boat Manufacturing

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

12. OAC rule 3745-21-28 Miscellaneous Industrial Adhesives and Sealants

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

13. OAC rule 3745-21-29 Control of Volatile Organic Compound Emissions from Automobile and Light-duty Truck Assembly Coating Operations, Heavier Vehicle Assembly Coating Operations, and Cleaning Operations Associated with these Coating Operations

This rule is being revised to expand requirements to the Cincinnati nonattainment area.

More information on this public notice can be obtained at https://www.epa.ohio.gov/dapc/DAPCrules#188902674-interested-party-review.

Contact Ron Hansen at rhansen@gtenvironmental.com or (614) 794-3570 Ext. 121 for assistance with complying with these new rule changes.