[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31885-31887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11845]



[[Page 31885]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0189; FRL-9946-61-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Control of Volatile Organic Compound Emissions From 
Fiberglass Boat Manufacturing Materials

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Pennsylvania state implementation plan (SIP) 
submitted by the Commonwealth of Pennsylvania. This SIP revision 
pertains to Pennsylvania's regulation for fiberglass boat manufacturing 
materials found in section 129.74 of the Pennsylvania Code. This 
regulation meets the requirement to adopt reasonably available control 
technology (RACT) for sources covered by EPA's control techniques 
guidelines (CTG) standards for fiberglass boat manufacturing materials. 
EPA is, therefore, proposing approval of the revision to the 
Pennsylvania SIP in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before June 20, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0189 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the Web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment 
areas must include reasonably available control measures (RACM), 
including RACT, for sources of emissions. Section 182(b)(2)(A) provides 
that for certain nonattainment areas, states must revise their SIPs to 
include RACT for sources of volatile organic compound (VOC) emissions 
covered by a CTG document issued after November 15, 1990 and prior to 
the area's date of attainment. EPA defines RACT as ``the lowest 
emission limitation that a particular source is capable of meeting by 
the application of control technology that is reasonably available 
considering technological and economic feasibility.'' 44 FR 53761 
(September 17, 1979). In subsequent Federal Register notices, EPA has 
addressed how states can meet the RACT requirements of the CAA.
    CTGs are intended to provide state and local air pollution control 
authorities information that should assist them in determining RACT for 
VOCs from various sources of fiberglass boat manufacturing. EPA has not 
published a previous CTG for fiberglass boat manufacturing materials, 
but did publish an assessment of VOC emissions from fiberglass boat 
manufacturing in 1990. The 1990 assessment defined the nature and scope 
of VOC emissions from fiberglass boat manufacturing, characterized the 
industry, estimated per plant and national VOC emissions, and 
identified and evaluated potential control options. In 2001, EPA 
promulgated the National Emission Standards for Hazardous Air 
Pollutants for Boat Manufacturing, 40 CFR part 63, subpart VVVV (2001 
NESHAP). The 2001 NESHAP established organic hazardous air pollutant 
(HAP) emissions limits based on low-HAP resins and gel coats and low-
emitting resin application technology. Several of the air pollution 
control districts in California have specific regulations that control 
VOC emissions from fiberglass boat manufacturing operations as part of 
their regulations for limiting VOC emissions from polyester resin 
operations. Several other states also have regulations that address VOC 
emissions from fiberglass boat manufacturing as part of polyester resin 
operations. After reviewing the 1990 VOC assessment, the 2001 NESHAP, 
and existing California district and other state VOC emission reduction 
approaches, and after considering information obtained since the 
issuance of the 2001 NESHAP, EPA developed a CTG entitled Control 
Techniques Guidelines for Fiberglass Boat Manufacturing Materials 
(Publication No. EPA 453/R-08-004; September 2008).
    The CTG for fiberglass boat manufacturing materials provides 
control recommendations for reducing VOC emissions from the use of gel 
coats, resins, and materials used to clean application equipment in 
fiberglass boat manufacturing operations. This CTG applies to 
facilities that manufacture hulls or decks of boats from fiberglass, or 
build molds to make fiberglass boat hulls or decks. EPA's 2008 CTG 
recommends that the following operations should be covered: Open 
molding resin and gel coat operations (these include pigmented gel 
coat, clear gel coat, production resin, tooling gel coat, and tooling 
resin); resin and gel coat mixing operations; and resin and gel coat 
application equipment cleaning operations.
    EPA's 2008 CTG recommends the following VOC reduction measures: VOC 
emission limits for molding resins and gel coats; work practices for 
resin and gel coat mixing containers; and VOC content and vapor 
pressure limits for cleaning materials. Recommended VOC emission limits 
for open molding resin and gel coat operations are shown in Table 1. A 
more detailed explanation for determining the VOC emission limits for 
molding resin and gel coats can be found in the Technical Support 
Document (TSD) for this rulemaking under Docket ID No. EPA-R03-OAR-
2016-0189 and available online at www.regulations.gov.

[[Page 31886]]



 Table 1--Monomer VOC Content Limitations for Open Molding Resin and Gel
                             Coat Operations
------------------------------------------------------------------------
                                                           Individual
                                                           monomer VOC
                                                           content or
            Materials               Application method   weight average
                                                           monomer VOC
                                                          content limit
                                                        (weight percent)
------------------------------------------------------------------------
Production Resin.................  Atomized (spray)...                28
Production Resin.................  Nonatomized........                35
Pigmented Gel Coat...............  Any Method.........                33
Clear Gel Coat...................  Any Method.........                48
Tooling Resin....................  Atomized...........                30
Tooling Resin....................  Nonatomized........                39
Tooling Gel Coat.................  Any Method.........                40
------------------------------------------------------------------------

II. Summary of SIP Revision

    On March 2, 2016, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted to EPA a SIP revision concerning 
implementation of RACT requirements for the control of VOC emissions 
from fiberglass boat manufacturing materials. Pennsylvania is adopting 
EPA's CTG standards for fiberglass boat manufacturing materials, 
including the emission limits found in Table 1. The regulation is 
contained in 25 Pa. Code Chapter 129 (relating to standards for 
sources), and this SIP revision seeks to add 25 Pa. Code section 129.74 
(control of VOC emissions from fiberglass boat manufacturing materials) 
to the Pennsylvania SIP. In addition to adopting EPA's CTG standards, 
25 Pa. Code section 129.74 includes numerous terms and definitions to 
support the interpretation of the measures, as well as work practices 
for cleaning; compliance and monitoring requirements; sampling and 
testing; and record keeping requirements. EPA finds the provisions in 
25 Pa. Code section 129.74 identical to the CTG standards for 
fiberglass boat manufacturing materials and is therefore approvable in 
accordance with sections 172(c)(1) and 182(b)(2)(A) of the CAA. For 
more detailed analysis by EPA of how 25 Pa. Code section 129.74 
addresses the CTG, see the TSD for this rulemaking.
    This SIP revision also notes that the requirements of 25 Pa. Code 
section 129.74 supersede the requirements of a RACT permit issued under 
25 Pa. Code sections 129.91-129.95 prior to December 19, 2015 to the 
owner or operator of a source subject to 25 Pa. Code section 129.74 to 
control, reduce, or minimize VOCs from a fiberglass boat manufacturing 
process, except to the extent the RACT permit contains more stringent 
requirements.

III. Proposed Action

    EPA is proposing to approve the March 2, 2016 Pennsylvania SIP 
revision pertaining to adding 25 Pa. Code section 129.74 to the 
Pennsylvania SIP because section 129.74 meets the requirement to adopt 
RACT for sources covered by EPA's CTG standards for fiberglass boat 
manufacturing materials. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

IV. Incorporation by Reference

    In this proposed rulemaking action, EPA is proposing to include in 
a final EPA rule regulatory text that includes incorporation by 
reference. In accordance with requirements of 1 CFR 51.5, EPA is 
proposing to incorporate by reference 25 Pa. Code section 129.74 into 
the Pennsylvania SIP. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or may be viewed at the EPA Region III office 
(see the ADDRESSES section of this preamble for more information).

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 proposed 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, this proposed rule concerning Pennsylvania's control 
of VOC emissions from fiberglass boat manufacturing materials does not 
have tribal implications as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000), because the SIP is not approved to apply in 
Indian country located in the state, and EPA notes that it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.

[[Page 31887]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 3, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-11845 Filed 5-19-16; 8:45 am]
 BILLING CODE 6560-50-P