[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Rules and Regulations]
[Pages 54742-54744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19540]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0189; FRL-9950-69-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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, approving this revision to the Pennsylvania SIP in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 16, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0189. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, 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 through http://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

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. Furthermore, pursuant to section 
184(b)(1)(B) of the CAA, all areas in the Ozone Transport Region (OTR), 
such as Pennsylvania, must submit SIP revisions that include 
implementation of RACT with respect to all sources of VOCs in the 
states covered by a CTG. 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).
    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. The CTG for fiberglass boat manufacturing 
materials (Publication No. EPA 453/R-08-004; September 2008) 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 Number EPA-R03-OAR-
2016-0189 and available online at http://www.regulations.gov.

 Table 1--Monomer VOC Content Limitations for Open Molding Resin and Gel
                             Coat Operations
------------------------------------------------------------------------
                                                  Individual monomer VOC
                                                    content or weight
          Materials               Application      average monomer VOC
                                    method        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
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[[Page 54743]]

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. 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), 182(b)(2)(A), and 184(b)(1)(B) of the CAA.
    On May 20, 2016 (81 FR 31885), EPA published a notice of proposed 
rulemaking (NPR) proposing to approve Pennsylvania's March 2, 2016 SIP 
revision. Other specific requirements and the rationale for EPA's 
approval action are explained in the NPR and TSD under Docket ID Number 
EPA-R03-OAR-2016-0189 and will not be restated here. No public comments 
were received on the NPR.

III. Final Action

    EPA is approving the March 2, 2016 Pennsylvania SIP revision 
concerning the addition of 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.

IV. Incorporation by Reference

    In this rulemaking action, 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 
Pennsylvania rule discussed in section II of this preamble. 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\ EPA has made, and will 
continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region III Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

A. General Requirements

    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 (Publ. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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 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).

C. Petitions for Judicial Review

    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 October 17, 2016. 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 concerning Pennsylvania's control of VOC emissions from 
fiberglass boat manufacturing materials 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, Ozone, Volatile organic compounds.

    Dated: August 2, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

[[Page 54744]]

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.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by adding 
an entry for ``Section 129.74'' in numerical order to read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

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                                                          State                          Additional explanation/
         State citation             Title/subject    effective date   EPA approval date  Sec.   52.2063 citation
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                          Title 25--Environmental Protection Article III--Air Resources
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                                                  * * * * * * *
Section 129.74.................  Control of VOC            12/19/15  8/17/16 [Insert     New section is added;
                                  emissions from                      Federal Register    the requirements of
                                  fiberglass boat                     citation].          section 129.74
                                  manufacturing                                           supersede the
                                  materials.                                              requirements of a RACT
                                                                                          permit issued under
                                                                                          sections 129.91-95
                                                                                          prior to December 19,
                                                                                          2015, to the owner or
                                                                                          operator of a source
                                                                                          subject to 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.
 
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[FR Doc. 2016-19540 Filed 8-16-16; 8:45 am]
 BILLING CODE 6560-50-P