81 FR 31885 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Control of Volatile Organic Compound Emissions From Fiberglass Boat Manufacturing Materials
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 98 (May 20, 2016)
Federal Register Volume 81, Issue 98 (May 20, 2016)
| Page Range | 31885-31887 | |
| FR Document | 2016-11845 |
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)] [Proposed Rules] [Pages 31885-31887] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11845] [[Page 31885]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules 31885
ENVIRONMENTAL PROTECTION contents located outside of the primary on low-HAP resins and gel coats and
AGENCY submission (i.e. on the Web, cloud, or low-emitting resin application
other file sharing system). For technology. Several of the air pollution
40 CFR Part 52 additional submission methods, please control districts in California have
[EPA–R03–OAR–2016–0189; FRL–9946–61– contact the person identified in the ‘‘For specific regulations that control VOC
Region 3] Further Information Contact’’ section. emissions from fiberglass boat
For the full EPA public comment policy, manufacturing operations as part of
Approval and Promulgation of Air information about CBI or multimedia their regulations for limiting VOC
Quality Implementation Plans; submissions, and general guidance on emissions from polyester resin
Pennsylvania; Control of Volatile making effective comments, please visit operations. Several other states also
Organic Compound Emissions From http://www2.epa.gov/dockets/ have regulations that address VOC
Fiberglass Boat Manufacturing commenting-epa-dockets. emissions from fiberglass boat
Materials FOR FURTHER INFORMATION CONTACT: manufacturing as part of polyester resin
AGENCY: Environmental Protection Irene Shandruk, (215) 814–2166, or by operations. After reviewing the 1990
Agency (EPA). email at shandruk.irene@epa.gov. VOC assessment, the 2001 NESHAP,
SUPPLEMENTARY INFORMATION: and existing California district and other
ACTION: Proposed rule.
I. Background state VOC emission reduction
SUMMARY: The Environmental Protection approaches, and after considering
Agency (EPA) is proposing to approve a Section 172(c)(1) of the CAA provides information obtained since the issuance
revision to the Pennsylvania state that SIPs for nonattainment areas must
of the 2001 NESHAP, EPA developed a
implementation plan (SIP) submitted by include reasonably available control
CTG entitled Control Techniques
the Commonwealth of Pennsylvania. measures (RACM), including RACT, for
Guidelines for Fiberglass Boat
This SIP revision pertains to sources of emissions. Section
182(b)(2)(A) provides that for certain Manufacturing Materials (Publication
Pennsylvania’s regulation for fiberglass No. EPA 453/R–08–004; September
boat manufacturing materials found in nonattainment areas, states must revise
their SIPs to include RACT for sources 2008).
section 129.74 of the Pennsylvania
Code. This regulation meets the of volatile organic compound (VOC) The CTG for fiberglass boat
requirement to adopt reasonably emissions covered by a CTG document manufacturing materials provides
available control technology (RACT) for issued after November 15, 1990 and control recommendations for reducing
sources covered by EPA’s control prior to the area’s date of attainment. VOC emissions from the use of gel coats,
techniques guidelines (CTG) standards EPA defines RACT as ‘‘the lowest resins, and materials used to clean
for fiberglass boat manufacturing emission limitation that a particular application equipment in fiberglass boat
materials. EPA is, therefore, proposing source is capable of meeting by the manufacturing operations. This CTG
approval of the revision to the application of control technology that is applies to facilities that manufacture
Pennsylvania SIP in accordance with reasonably available considering hulls or decks of boats from fiberglass,
the requirements of the Clean Air Act technological and economic feasibility.’’ or build molds to make fiberglass boat
(CAA). 44 FR 53761 (September 17, 1979). In hulls or decks. EPA’s 2008 CTG
subsequent Federal Register notices, recommends that the following
DATES: Written comments must be EPA has addressed how states can meet
received on or before June 20, 2016. operations should be covered: Open
the RACT requirements of the CAA. molding resin and gel coat operations
ADDRESSES: Submit your comments, CTGs are intended to provide state (these include pigmented gel coat, clear
identified by Docket ID No. EPA–R03– and local air pollution control gel coat, production resin, tooling gel
OAR–2016–0189 at http:// authorities information that should coat, and tooling resin); resin and gel
www.regulations.gov, or via email to assist them in determining RACT for coat mixing operations; and resin and
fernandez.cristina@epa.gov. For VOCs from various sources of fiberglass
gel coat application equipment cleaning
comments submitted at Regulations.gov, boat manufacturing. EPA has not
operations.
follow the online instructions for published a previous CTG for fiberglass
submitting comments. Once submitted, boat manufacturing materials, but did EPA’s 2008 CTG recommends the
comments cannot be edited or removed publish an assessment of VOC following VOC reduction measures:
from Regulations.gov. For either manner emissions from fiberglass boat VOC emission limits for molding resins
of submission, the EPA may publish any manufacturing in 1990. The 1990 and gel coats; work practices for resin
comment received to its public docket. assessment defined the nature and and gel coat mixing containers; and
Do not submit electronically any scope of VOC emissions from fiberglass VOC content and vapor pressure limits
information you consider to be boat manufacturing, characterized the for cleaning materials. Recommended
confidential business information (CBI) industry, estimated per plant and VOC emission limits for open molding
or other information whose disclosure is national VOC emissions, and identified resin and gel coat operations are shown
restricted by statute. Multimedia and evaluated potential control options. in Table 1. A more detailed explanation
submissions (audio, video, etc.) must be In 2001, EPA promulgated the National for determining the VOC emission limits
accompanied by a written comment. Emission Standards for Hazardous Air for molding resin and gel coats can be
The written comment is considered the Pollutants for Boat Manufacturing, 40 found in the Technical Support
mstockstill on DSK3G9T082PROD with PROPOSALS
official comment and should include CFR part 63, subpart VVVV (2001 Document (TSD) for this rulemaking
discussion of all points you wish to NESHAP). The 2001 NESHAP under Docket ID No. EPA–R03–OAR–
make. The EPA will generally not established organic hazardous air 2016–0189 and available online at
consider comments or comment pollutant (HAP) emissions limits based www.regulations.gov.
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![Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules 31887
List of Subjects in 40 CFR Part 52 approval of the SIP revision to a final In May 2005, EPA promulgated CAIR
Environmental protection, Air approval. This action is being taken which required certain states to reduce
pollution control, Incorporation by under the Clean Air Act (CAA). emissions of sulfur dioxide (SO2) and
reference, Ozone, Volatile organic DATES: Written comments on EPA’s NOX that significantly contribute to
compounds. proposed conditional approval must be downwind nonattainment of the 1997
received on or before June 20, 2016. national ambient air quality standard
Authority: 42 U.S.C. 7401 et seq. (NAAQS) for fine particulate matter
ADDRESSES: Submit your comments,
Dated: May 3, 2016. identified by Docket ID No. EPA–R03– (PM2.5) and ozone. 70 FR 25162 (May
Shawn M. Garvin, OAR–2016–0054 at http:// 12, 2005). After litigation in the United
Regional Administrator, Region III. www.regulations.gov, or via email to States Court of Appeals for the D.C.
[FR Doc. 2016–11845 Filed 5–19–16; 8:45 am] fernandez.cristina@epa.gov. For Circuit (D.C. Circuit) which remanded
BILLING CODE 6560–50–P comments submitted at Regulations.gov, CAIR to EPA, EPA promulgated the
follow the online instructions for Cross State Air Pollution Rule (CSAPR)
submitting comments. Once submitted, to replace CAIR and to help states
ENVIRONMENTAL PROTECTION comments cannot be edited or removed reduce air pollution and attain CAA
AGENCY from Regulations.gov. For either manner standards. 76 FR 48208 (August 8,
of submission, the EPA may publish any 2011).1 In subsequent, additional
40 CFR Part 52 comment received to its public docket. litigation, CSAPR was initially vacated
[EPA–R03–OAR–2016–0054; FRL–9946–67– Do not submit electronically any by the D.C. Circuit but upheld by the
Region 3] information you consider to be U.S. Supreme Court. EPA v. EME Homer
confidential business information (CBI) City Generation, L.P., 134 S. Ct. 1584
Approval and Promulgation of Air or other information whose disclosure is (2014). EPA began implementing
Quality Implementation Plans; restricted by statute. Multimedia CSAPR in January 2015 as CAIR’s
Maryland; Control of Emissions From submissions (audio, video, etc.) must be replacement. See 79 FR 71663
Various Processes and Fuel-Burning accompanied by a written comment. (December 3, 2014) (interim final
Equipment From Kraft Pulp Mills The written comment is considered the rulemaking issued after DC Circuit lifted
official comment and should include stay on CSAPR).2
AGENCY: Environmental Protection On September 29, 2015, EPA received
Agency (EPA). discussion of all points you wish to
make. EPA will generally not consider a supplemental letter from MDE
ACTION: Proposed rule. committing to remove all references to
comments or comment contents located
outside of the primary submission (i.e. CAIR within the definition of ‘‘NOX
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to on the web, cloud, or other file sharing Ozone Season Allowance,’’ as a SIP
conditionally approve a revision to the system). For additional submission revision, no later than a year from EPA
Maryland state implementation plan methods, please contact the person finalizing our conditional approval of
(SIP) submitted by the Maryland identified in the FOR FURTHER the SIP submittal. Upon final approval
Department of the Environment (MDE) INFORMATION CONTACT section. For the
of the revised definition of ‘‘NOX Ozone
on October 15, 2014. The SIP revision full EPA public comment policy, Season Allowance’’ as a SIP revision,
adds and amends regulations in the SIP information about CBI or multimedia EPA will convert the conditional
which control emissions from various submissions, and general guidance on approval of the October 15, 2014 SIP
processes and fuel-burning equipment making effective comments, please visit submission with the regulations and
at Kraft pulp mills. The SIP revision http://www2.epa.gov/dockets/ requirements for Kraft pulp mills to a
includes the following: (1) A new commenting-epa-dockets. full approval.
definition for ‘‘NOX Ozone Season FOR FURTHER INFORMATION CONTACT: II. Summary of SIP Revision
Allowance;’’ (2) a new regulation with Gregory Becoat, (215) 814–2036, or by MDE’s SIP revision includes amended
nitrogen oxides (NOX) limits for fuel- email at becoat.gregory@epa.gov. and new regulations in order to control
burning equipment located at Kraft pulp SUPPLEMENTARY INFORMATION: On emissions from various processes and
mills; (3) a removal and relocation of October 15, 2014, EPA received a fuel-burning equipment at Kraft pulp
existing NOX reasonably available revision to the State of Maryland’s SIP mills. The SIP revision submittal
control technology (RACT) requirements submitted by MDE. The SIP revision includes an amendment to the Code of
for Kraft pulp mills into another includes Maryland regulations which Maryland Regulations (COMAR)
Maryland regulation; and (4) a revised control emissions from various 26.11.01.01—‘‘General Administrative
regulation which clarifies the volatile processes and fuel-burning equipment Provisions’’ in order to add a definition
organic compound (VOC) control at Kraft pulp mills and which clarify the for ‘‘NOX Ozone Season Allowance.’’
system and emission requirements for VOC control system and requirements This definition was added to the
several process installations at Kraft for several process installations at Kraft COMAR by Maryland because the NOX
pulp mills. EPA proposes a conditional pulp mills. emission limitations for the Kraft pulp
approval because the new Maryland mills rely on use of NOX allowances.
definition references the defunct Clean I. Background
Because the definition in COMAR
Air Interstate Rule (CAIR) and because In the October 15, 2014 SIP revision, 26.11.01.01 makes references to CAIR
MDE provided a commitment to remove MDE’s submittal included a definition
mstockstill on DSK3G9T082PROD with PROPOSALS
which sunset on December 31, 2014 as
all references to CAIR within the for ‘‘NOX Ozone Season Allowance’’
definition of ‘‘NOX Ozone Season which references a defunct CAA 1 CSAPR requires substantial reductions of SO
2
Allowance’’ and submit a revised program, CAIR. EPA discussed with and NOx emissions in 28 states in the eastern
definition as a new SIP revision, no later MDE the need to remove all references United States that significantly contribute to
than a year from EPA finalizing this to CAIR within the definition of ‘‘NOX downwind nonattainment of the 1997 PM2.5 and
ozone NAAQS and 2006 PM2.5 NAAQS.
conditional approval. Upon timely Ozone Season Allowance,’’ for EPA to 2 Thus, after December 31, 2014, CAIR was
meeting of this commitment, EPA will approve the October 15, 2014 SIP replaced by CSAPR and was a defunct, moot CAA
propose to convert the conditional revision. program no longer implemented by EPA.
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Document Created: 2016-05-20 01:59:55
Document Modified: 2016-05-20 01:59:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before June 20, 2016. | |
| Contact | Irene Shandruk, (215) 814-2166, or by email at [email protected] | |
| FR Citation | 81 FR 31885 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone and Volatile Organic Compounds |
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