81 FR 54742 - 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 159 (August 17, 2016)
Federal Register Volume 81, Issue 159 (August 17, 2016)
| Page Range | 54742-54744 | |
| FR Document | 2016-19540 |
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)] [Rules and Regulations] [Pages 54742-54744] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19540] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ------------------------------------------------------------------------ [[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). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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) * * * ---------------------------------------------------------------------------------------------------------------- State Additional explanation/ State citation Title/subject effective date EPA approval date Sec. 52.2063 citation ---------------------------------------------------------------------------------------------------------------- Title 25--Environmental Protection Article III--Air Resources ---------------------------------------------------------------------------------------------------------------- * * * * * * * 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. * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-19540 Filed 8-16-16; 8:45 am] BILLING CODE 6560-50-P
![54742 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations
The Coast Guard will inform the users requirement to adopt reasonably revisions that include implementation
of the waterways through our Local available control technology (RACT) for of RACT with respect to all sources of
Notice and Broadcast to Mariners of the sources covered by EPA’s control VOCs in the states covered by a CTG.
change in operating schedule for the techniques guidelines (CTG) standards EPA defines RACT as ‘‘the lowest
bridge so that vessel operations can for fiberglass boat manufacturing emission limitation that a particular
arrange their transits to minimize any materials. EPA is, therefore, approving source is capable of meeting by the
impact caused by the temporary this revision to the Pennsylvania SIP in application of control technology that is
deviation. The Coast Guard notified accordance with the requirements of the reasonably available considering
various companies of the commercial oil Clean Air Act (CAA). technological and economic feasibility.’’
and barge vessels and they have no DATES: This final rule is effective on 44 FR 53761 (September 17, 1979).
objections to the temporary deviation. September 16, 2016. CTGs are intended to provide state
In accordance with 33 CFR 117.35(e),
ADDRESSES: EPA has established a and local air pollution control
the drawbridge must return to its regular
docket for this action under Docket ID authorities information that should
operating schedule immediately at the
Number EPA–R03–OAR–2016–0189. All assist them in determining RACT for
end of the effective period of this
documents in the docket are listed on VOCs from various sources. The CTG for
temporary deviation. This deviation
the http://www.regulations.gov Web fiberglass boat manufacturing materials
from the operating regulations is
site. Although listed in the electronic (Publication No. EPA 453/R–08–004;
authorized under 33 CFR 117.35.
docket, some information is not publicly September 2008) provides control
Dated: August 11, 2016. available, i.e., confidential business recommendations for reducing VOC
C.J. Bisignano, information (CBI) or other information emissions from the use of gel coats,
Supervisory Bridge Management Specialist, whose disclosure is restricted by statute. resins, and materials used to clean
First Coast Guard District. Certain other material, such as application equipment in fiberglass boat
[FR Doc. 2016–19535 Filed 8–16–16; 8:45 am] copyrighted material, is not placed on manufacturing operations. This CTG
BILLING CODE 9110–04–P the Internet and will be publicly applies to facilities that manufacture
available only in hard copy form. hulls or decks of boats from fiberglass,
Publicly available docket materials are or build molds to make fiberglass boat
ENVIRONMENTAL PROTECTION available through http:// hulls or decks. EPA’s 2008 CTG
AGENCY www.regulations.gov, or please contact recommends that the following
the person identified in the FOR FURTHER operations should be covered: Open
40 CFR Part 52 INFORMATION CONTACT section for molding resin and gel coat operations
[EPA–R03–OAR–2016–0189; FRL–9950–69– additional availability information. (these include pigmented gel coat, clear
Region 3] FOR FURTHER INFORMATION CONTACT: gel coat, production resin, tooling gel
Irene Shandruk, (215) 814–2166, or by coat, and tooling resin); resin and gel
Approval and Promulgation of Air email at shandruk.irene@epa.gov. coat mixing operations; and resin and
Quality Implementation Plans; SUPPLEMENTARY INFORMATION:
gel coat application equipment cleaning
Pennsylvania; Control of Volatile operations.
Organic Compound Emissions From I. Background EPA’s 2008 CTG recommends the
Fiberglass Boat Manufacturing Section 172(c)(1) of the CAA provides following VOC reduction measures:
Materials that SIPs for nonattainment areas must VOC emission limits for molding resins
AGENCY: Environmental Protection include reasonably available control and gel coats; work practices for resin
Agency (EPA). measures (RACM), including RACT, for and gel coat mixing containers; and
ACTION: Final rule. sources of emissions. Section VOC content and vapor pressure limits
182(b)(2)(A) provides that for certain for cleaning materials. Recommended
SUMMARY: The Environmental Protection nonattainment areas, states must revise VOC emission limits for open molding
Agency (EPA) is approving a revision to their SIPs to include RACT for sources resin and gel coat operations are shown
the Pennsylvania state implementation of volatile organic compound (VOC) in Table 1. A more detailed explanation
plan (SIP) submitted by the emissions covered by a CTG document for determining the VOC emission limits
Commonwealth of Pennsylvania. This issued after November 15, 1990 and for molding resin and gel coats can be
SIP revision pertains to Pennsylvania’s prior to the area’s date of attainment. found in the Technical Support
regulation for fiberglass boat Furthermore, pursuant to section Document (TSD) for this rulemaking
manufacturing materials found in 184(b)(1)(B) of the CAA, all areas in the under Docket ID Number EPA–R03–
section 129.74 of the Pennsylvania Ozone Transport Region (OTR), such as OAR–2016–0189 and available online at
Code. This regulation meets the Pennsylvania, must submit SIP 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 method average monomer VOC
content limit
(weight percent)
mstockstill on DSK3G9T082PROD with RULES
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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![54744 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations
PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. ‘‘Section 129.74’’ in numerical order to
PROMULGATION OF read as follows:
IMPLEMENTATION PLANS Subpart NN—Pennsylvania
§ 52.2020 Identification of plan.
■ 2. In § 52.2020, the table in paragraph * * * * *
■ 1. The authority citation for part 52
(c)(1) is amended by adding an entry for (c) * * *
continues to read as follows:
(1) * * *
Additional
State effective
State citation Title/subject EPA approval date explanation/
date § 52.2063 citation
Title 25—Environmental Protection Article III—Air Resources
* * * * * * *
Section 129.74 ............... Control of VOC emis- 12/19/15 8/17/16 [Insert Federal New section is added; the requirements of sec-
sions from fiberglass Register citation]. tion 129.74 supersede the requirements of a
boat manufacturing RACT permit issued under sections 129.91–
materials. 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 proc-
ess, except to the extent the RACT permit
contains more stringent requirements.
* * * * * *
* * * * * This rule is necessary because it updates implement Framework Adjustment 3 to
[FR Doc. 2016–19540 Filed 8–16–16; 8:45 am] the Skate Fishery Management Plan to the Northeast Skate Complex Fishery
BILLING CODE 6560–50–P be consistent with the most recent Management (FMP), which includes
scientific information and it improves catch specifications for fishing years
management of the skate fisheries. The 2016–2017. After reviewing public
DEPARTMENT OF COMMERCE intended effect of this rule is to help comments in response to the proposed
conserve skate stocks while maintaining rule, we are approving Framework 3 and
National Oceanic and Atmospheric economic opportunities for the skate the 2016–2017 specifications as detailed
Administration fisheries. in our proposed rule.
DATES: Effective on August 17, 2016. Specifications for Fishing Years 2016–
50 CFR Part 648
ADDRESSES: Copies of Framework 3, 2017
[Docket No. 160301164–6694–02] including the Environmental
Assessment and Regulatory Impact Specifications including the
RIN 0648–BF87 acceptable biological catch (ABC),
Review (EA/RIR), and other supporting
documents for the action are available annual catch limit (ACL), annual catch
Fisheries of the Northeastern United
from Thomas A. Nies, Executive target (ACT), and total allowable
States; Northeast Skate Complex
Director, New England Fishery landings (TALs) for the skate wing and
Fishery; Framework Adjustment 3 and
Management Council, 50 Water Street, bait fisheries, as well as possession
2016–2017 Specifications
Mill 2, Newburyport, MA 01950. The limits, may be specified for up to 2
AGENCY: National Marine Fisheries framework is also accessible via the years. The 2016–2017 skate complex
Service (NMFS), National Oceanic and Internet at: http:// ABC and ACL is 31,081 metric tons
Atmospheric Administration (NOAA), www.greateratlantic.fisheries.noaa.gov. (mt). After removing management
Commerce. uncertainty from the ABC, the ACT that
FOR FURTHER INFORMATION CONTACT:
ACTION: Final rule. remains is 23,311 mt. After removing
William Whitmore, Fishery Policy
discards and state landings from the
Analyst, (978) 281–9182.
SUMMARY: This rule approves ACT, the TAL that remains is 12,872 mt.
regulations to implement Northeast SUPPLEMENTARY INFORMATION: Tables 1 and 2 (below) detail TALs and
Skate Complex Fishery Management Background possession limits for the skate wing and
Plan Framework Adjustment 3 skate bait fisheries—there are no
management measures, including Approved Measures possession limit changes from last year.
fishing year 2016–2017 specifications, On June 6, 2016, we proposed in the These specifications and possession
and implements a new seasonal quota Federal Register (81 FR 36251) limits remain in effect until they are
allocation for the skate wing fishery. management modifications to replaced.
mstockstill on DSK3G9T082PROD with RULES
TABLE 1—TOTAL ALLOWABLE LANDINGS FOR FISHING YEARS 2016–2017
Total Allowable Landings (TAL) mt
Skate Wing Fishery:
Season 1 (May 1–Aug 31) ........................................................................................................................................................... 4,722
Season 2 (Sept 1–Apr 30) ........................................................................................................................................................... 3,600
VerDate Sep<11>2014 16:08 Aug 16, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\17AUR1.SGM 17AUR1](https://thefederalregister.org/doc/81_FR_54901/page/3.svg)
Document Created: 2018-02-09 11:35:26
Document Modified: 2018-02-09 11:35:26
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on September 16, 2016. | |
| Contact | Irene Shandruk, (215) 814-2166, or by email at [email protected] | |
| FR Citation | 81 FR 54742 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone and Volatile Organic Compounds |
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