[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38909-38912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19084]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN159-1-9704(b); TN174-1-9726(b); TN175-1-9725(b); FRL-5859-5]


Approval of Source Specific Revisions to the Tennessee SIP 
Regarding Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this document, EPA is taking action on three source 
specific revisions to the Tennessee State Implementation Plan (SIP) 
which establish reasonably available control technology requirements 
(RACT) for the control of volatile organic compound (VOC) emissions 
from certain operations at Brunswick Marine Corporation, Outboard 
Marine Corporation, and Essex Group Incorporated. EPA is approving the 
operating permits for these sources into the SIP with the exception of 
the portion of one permit which allows the Tennessee Technical 
Secretary to determine RACT which is being disapproved. These permits 
were issued consistent with the alternate control plans which 
established RACT requirements in accordance with the provisions of the 
Tennessee SIP for developing VOC emission control requirements for 
major sources for which there is no regulation or guidance for 
determining RACT.

DATES: This action is effective September 19, 1997, unless adverse or 
critical comments are received by August 20, 1997. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments on this action should be addressed to 
William Denman at the Environmental Protection Agency, Region 4 Air 
Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies 
of documents relative to this action are available for public 
inspection during normal business hours at the following locations. The 
interested persons wanting to examine these documents should make an 
appointment with the appropriate office at least 24 hours before the 
visiting day. Reference files TN159-01-9704, TN174-01-9726, and TN175-
01-9726. The Region 4 office may have additional background documents 
not available at the other locations.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460.
Environmental Protection Agency, Region 4 Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303. William Denman, 404/562-
9030.
Tennessee Department of Environment and Conservation, Division of Air 
Pollution Control, L & C Annex, 9th Floor, 401 Church Street, 
Nashville, Tennessee 37243-1531.

FOR FURTHER INFORMATION CONTACT: William Denman at 404/562-9030.

SUPPLEMENTARY INFORMATION: On December 20, 1995, Tennessee submitted a 
permit for Brunswick

[[Page 38910]]

Marine Corporation (permit number 743652P), and on June 3, 1996, 
Tennessee submitted permits for Outboard Marine Corporation (permit 
number 039845P & 044881P), and Essex Group Incorporated (permits 
numbers 045011P, 045012P, & 045013P). These operating permits were 
submitted to EPA for the purpose of establishing RACT requirements for 
certain VOC emitting operations at these facilities. These permits 
contain source specific RACT requirements which were established in 
accordance with Tennessee rule 1200-3-18-.79 ``Other Facilities that 
Emit Volatile Organic Compounds (VOC's) of One Hundred Tons Per Year.'' 
This rule contains presumptive RACT requirements for major sources not 
subject to an EPA control technique guideline (CTG). These requirements 
include meeting presumptive RACT emission limits for certain 
operations, installation and operation of an emission capture system 
which achieves 90 percent capture, certification of compliance, 
maintenance of records, and self reporting of exceedances. However, if 
the implementation of the presumptive RACT measures listed in the rule 
are determined to be either technically or economically infeasible this 
rule provides for the development of an alternate control plan. This 
alternative control plan must be approved into the SIP. For an 
alternate control plan to be approved into the SIP, the State must 
provide a demonstration that the presumptive RACT measures contained in 
rule 1200-3-18-.79 are either technically or economically infeasible 
for their application. The State provided to EPA a comprehensive 
demonstration that it was either technically or economically infeasible 
to implement the presumptive RACT requirements contained in rule 1200-
3-18-.79 for certain sources at these three facilities. These 
demonstrations are part of the RACT determinations and are contained in 
the technical support document developed for this action. The 
demonstrations contain a comparison of control measures used at similar 
facilities and other potential RACT measures. Some alternatives 
investigated were technically infeasible and some were determined to be 
economically infeasible. For the fiberglass boat manufacturers the RACT 
determination is equivalent to the South Coast Air Quality Management 
District of California's production rule 1162. VOC reductions will be 
obtained through a combination of process modifications and material 
substitutions. For the lubricant application operation at the Essex 
Group facility, RACT was determined to be good housekeeping practices 
to reduce fugitive emissions, use of non-VOC dri-lubes as permitted by 
customers, and application of dri-lube through a proprietary wick 
process. EPA has determined that these demonstrations adequately proved 
that other RACT measures are infeasible and that the RACT measures 
established for these operations meet the Agency's requirements for 
alternative RACT. The specific RACT measures which were developed for 
certain sources at these three facilities are described below.

I. Brunswick Marine Corporation Source Specific RACT Requirements

    On April 13, 1994, the Tennessee Air Pollution Control Board 
approved an alternate control plan which established RACT requirements 
for certain VOC emitting operations at the Brunswick Marine Corporation 
facility located in Murfreesboro, Tennessee. On February 21, 1996, 
Tennessee issued operating permit number 743652P to Brunswick Marine 
containing the RACT requirements discussed above. EPA is approving this 
permit into the SIP with the exception of the phrase ``unless 
alternative factors can be established empirically and are approved by 
the Technical Secretary'' contained in permit condition #18(1)(f) which 
is being disapproved. The following RACT requirements were established 
in the operating permit for certain VOC emitting operations at 
Brunswick Marine facility.
    1. Decks and Hulls Production:
    a. In the laminating process of the decks only non-atomizing 
techniques shall be used. These techniques include the use of airless 
or air-assisted airless spray guns, which include wet out and 
``chopper'' guns, and techniques such as use of pressure fed rollers.
    b. Airless or air-assisted airless spraying equipment shall be 
utilized where possible during the gelcoat application. This equipment 
was installed and utilized for pigmented and clear gelcoats by January 
1, 1995. However, during the application of polyflake gelcoats, air-
atomized techniques may be used.
    c. In the laminating process of hulls, the dry glass reinforcement 
shall be placed into the molds by hand and catalyzed resin shall be 
applied to the dry glass using non-atomizing techniques such as 
pressure fed rollers, wet out and ``chopper'' guns or bucket and brush 
techniques.
    d. Mix gelcoats contain VOC's including styrene, MEKP and MMA. The 
MEKP content of gelcoat shall not exceed 2 percent by weight under 
normal operating conditions. A maximum of 2.5 percent MEKP may be used 
when necessary due to cold weather conditions.
    e. The styrene content of lamination resins shall not exceed 37 
percent by weight. The styrene content of gelcoat shall not exceed 48 
percent by weight. The methyl methacrylate (MMA) content of gelcoat 
shall not exceed 10 percent by weight.
    f. Emissions of styrene may be determined quantitatively by using 
the factors 18 percent by weight for spray operations and 10 percent 
weight for hand lay up operations.
    g. The styrene content of the gelcoat used for tooling purposes 
shall not exceed 50 percent by weight, and shall be utilized only 
during the construction and repair of molds.
    2. Carpet Adhesive Application: Adhesives containing solvents which 
are ozone depleting chemicals are being phased out of this operation 
because of the adverse environmental effect of release of these 
chemicals to the atmosphere. Adhesives containing volatile organic 
compounds (VOC) are currently the only known technically feasible 
materials, other than adhesives containing ozone depleting chemicals as 
solvents, that can be used for this operation. Therefore, adhesives 
containing VOC may be used in this operation. The allowable VOC content 
of adhesives used in this operation shall be 4.4 lbs VOC/gallon with a 
maximum usage rate of 313 gallons/month.
    3. Miscellaneous: Total volatile organic compound (VOC) emissions 
from other VOC emitting operations which are subject to Rule 1200-3-
18-.79 shall not be in excess of 3 percent of the total VOC emitted 
from all operations subject to this rule. Compliance with this 
requirement shall be on a calendar month basis.

II. Outboard Marine Corporation Source Specific RACT Requirements

    On April 13, 1994, the Tennessee Air Pollution Control Board 
approved an alternate control plan which established RACT requirements 
for certain VOC emitting operations at the Outboard Marine 
Corporation's boat manufacturing facility located in Murfreesboro, 
Tennessee. On July 27, 1995, and May 31, 1996, Tennessee issued two 
operating permits (permit number 039845P & 044881P) to Outboard Marine 
containing the RACT requirements for certain sources. EPA is approving 
these operating permits into the SIP for the purpose of establishing 
federally enforceable RACT measures. The RACT requirements contained in

[[Page 38911]]

the operating permit which were established for certain VOC emitting 
operations at Brunswick Marine are as follows.
    1. Decks and Hulls Production:
    a. In the laminating process of decks larger than 21 feet in 
length, only non-atomizing resin application techniques such as a flow 
coater or pressure feed roller shall be used to apply the catalyzed 
resin to wet the glass fibers and mold surfaces. In the laminating 
process of decks smaller than 21 feet in length, techniques such as 
airless or air-assisted airless spray guns, which include wet out and 
``chopper'' guns, and pressure fed rollers and flow coaters shall be 
used.
    b. Only airless or air-assisted airless spraying equipment shall be 
used for pigmented gelcoat application.
    c. In the laminating process of hulls, the dry glass reinforcement 
shall be placed into the molds by hand and catalyzed resin shall be 
applied to the dry glass using non-atomizing resin application 
techniques such as a flow coater or pressure fed roller.
    d. Mixed gelcoat may contain the VOC's styrene, methyl methacrylate 
(MMA) and MEKP. The MEKP content of gelcoat shall not exceed 2 percent 
by weight under normal operating conditions. A maximum of 2.5 percent 
MEKP may be used when necessary due to cold weather conditions.
    e. The styrene content of lamination resins shall not exceed 35 
percent by weight. The combined styrene and MMA content of pigmented 
gelcoat shall not exceed 47 percent by weight and of the metal flake 
clear gelcoat 53 percent by weight.
    f. Emissions of styrene shall be calculated based on 18 percent by 
weight for atomized spray operations and 10 percent weight for hand lay 
up operations.
    g. For tooling purposes only the styrene content of gelcoat and 
resin shall not exceed 50 percent by weight, and shall be used only for 
the purpose of building and repairing molds.
    h. Tooling gelcoat shall be used only for the purpose of building 
and repairing molds.
    2. Carpet Adhesive Application: The VOC's emitted from this source 
shall not exceed 1.2 pounds per gallon of glue applied. Glue usage at 
this source shall not exceed 240 gallons per day.
    3. Miscellaneous: Total VOC emissions from other VOC emitting 
operations which are subject to Rule 1200-3-18-.79 shall not be in 
excess of 3 percent of the total VOC emitted from all operations 
subject to this rule. Compliance with this requirement shall be on a 
calendar month basis.

III. Essex Group Inc. Source Specific RACT Requirements

    On April 13, 1994, the Tennessee Air Pollution Control Board 
approved an alternate control plan which established RACT requirements 
for VOC emission control on the lubricant application to enameled wire 
at Essex Group, Incorporated's Franklin, Tennessee, Magnet Wire coating 
facility. On May 31, 1996, Tennessee issued three operating permits 
(permit number 045011P, 045012P & 045013P) to Essex Group containing 
the RACT requirements for its magnet wire coating processes. In 
addition to providing for RACT requirements pursuant to the Tennessee 
regulation for the coating of magnet wire, the permits also contain 
source specific RACT requirements for the lubrication application 
process. EPA is approving these operating permits into the SIP for the 
purpose of establishing federally enforceable RACT measures for the 
lubrication application process. The specific RACT requirements 
contained in the operating permit to control VOC emissions from the 
lubrication application process are as follows.
    1. Lubricant shall be applied by wick applicator only.
    2. The VOC content of the lubricant shall not exceed 5.87 pounds 
per gallon, as applied and excluding water and exempt compounds.
    3. In addition to satisfying the requirements of paragraphs 1200-3-
18-.03 (1) and (3) of the Tennessee Air Pollution Control Regulations, 
records shall be maintained of the quantity of lubricant used per 
calendar month. Each record shall be kept for at least 3 years after 
the date the record is created, and shall be made available to the 
Technical Secretary upon request.
    4. By March 31 of each year, a report shall be submitted to the 
Technical Secretary of results of research and development in reducing 
VOC emissions from the lubricant application operation (such as by 
reformulation of the lubricant, improvement in application efficiency, 
process changes to reduce or eliminate the need for lubricant 
application, and installation of emission control systems), and of 
reductions achieved by implementation of new emission reduction 
methods.

Final Action

    The EPA is approving these revisions to the Tennessee SIP with the 
exception of the phrase ``unless alternative factors can be established 
empirically and are approved by the Technical Secretary'' contained in 
condition number 18 of permit number 743652P which is being disapproved 
as discussed in the supplementary section of this document. The EPA is 
publishing this action without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
September 19, 1997 unless, by August 20, 1997, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective September 19, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does

[[Page 38912]]

not impose any new requirements, the Administrator certifies that it 
does not have a significant impact on any small entities affected. 
Moreover, due to the nature of the Federal-State relationship under the 
CAA, preparation of a flexibility analysis would constitute Federal 
inquiry into the economic reasonableness of state action. The Clean Air 
Act forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 
7410(a)(2) and 7410(k)(3).
    The portion disapproved only affects one source, Brunswick Marine 
Corporation. Therefore, it does not have a significant impact on a 
substantial number of small entities. Furthermore, as explained in this 
document, the portion of the request disapproved does not meet the 
requirements of the CAA and EPA cannot approve the request. Therefore, 
EPA has no option but to disapprove this portion of the submittal.

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 19, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Hydrocarbons, 
Incorporation by reference, Ozone, Reporting and recordkeeping 
requirements.

    Dated: July 3, 1997.
Michael V. Peyton,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401-7671q.

Subpart RR--Tennessee

    2. Section 52.2220, is amended by adding paragraph (c)(156) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (156) Addition of six operating permits containing source specific 
VOC RACT requirements for certain VOC sources at Brunswick Marine 
Corporation, Outboard Marine Corporation, and Essex Group Incorporated 
submitted by the Tennessee Department of Environment and Conservation 
on December 20, 1995 and June 3, 1996.
    (i) Incorporation by reference.
    (A) Marine Group Brunswick Corporation operating permit number 
743652P issued February 21, 1996, (conditions number 2, 3, and 18).
    (B) Stratos Boat Incorporated, D.B.A. Javelin Boats operating 
permit number 039845P issued on July 27, 1995, (conditions number 2 and 
3), and permit number 044881P issued on May 31, 1996, (conditions 
number 2, 9, and 10).
    (C) Essex Group Incorporated operating permit numbers 045011P, 
(conditions 5, 10, 13, and 15), 045012P, (conditions 5, 10, 13, and 15) 
and 045013P, (conditions 5 and 16) issued on May 31, 1996.
    (ii) Other material. None.

[FR Doc. 97-19084 Filed 7-18-97; 8:45 am]
BILLING CODE 6560-50-P