Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Control of Volatile Organic Compound Emissions From Fiberglass Boat Manufacturing Materials, 31885-31887 [2016-11845]
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Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules
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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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 https://
www.regulations.gov, or via email to
fernandez.cristina@epa.gov. 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
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SUMMARY:
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Jkt 238001
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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
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
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31885
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.
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31886
Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules
TABLE 1—MONOMER VOC CONTENT LIMITATIONS FOR OPEN MOLDING RESIN AND GEL COAT OPERATIONS
Individual
monomer VOC
content or
weight average
monomer VOC
content limit
(weight percent)
Materials
Application method
Production Resin ......................................................................
Production Resin ......................................................................
Pigmented Gel Coat .................................................................
Clear Gel Coat ..........................................................................
Tooling Resin ............................................................................
Tooling Resin ............................................................................
Tooling Gel Coat .......................................................................
Atomized (spray) ......................................................................
Nonatomized ............................................................................
Any Method ..............................................................................
Any Method ..............................................................................
Atomized ..................................................................................
Nonatomized ............................................................................
Any Method ..............................................................................
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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.
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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,
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28
35
33
48
30
39
40
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.
E:\FR\FM\20MYP1.SGM
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Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0054; FRL–9946–67–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Control of Emissions From
Various Processes and Fuel-Burning
Equipment From Kraft Pulp Mills
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
conditionally approve a revision to the
Maryland state implementation plan
(SIP) submitted by the Maryland
Department of the Environment (MDE)
on October 15, 2014. The SIP revision
adds and amends regulations in the SIP
which control emissions from various
processes and fuel-burning equipment
at Kraft pulp mills. The SIP revision
includes the following: (1) A new
definition for ‘‘NOX Ozone Season
Allowance;’’ (2) a new regulation with
nitrogen oxides (NOX) limits for fuelburning equipment located at Kraft pulp
mills; (3) a removal and relocation of
existing NOX reasonably available
control technology (RACT) requirements
for Kraft pulp mills into another
Maryland regulation; and (4) a revised
regulation which clarifies the volatile
organic compound (VOC) control
system and emission requirements for
several process installations at Kraft
pulp mills. EPA proposes a conditional
approval because the new Maryland
definition references the defunct Clean
Air Interstate Rule (CAIR) and because
MDE provided a commitment to remove
all references to CAIR within the
definition of ‘‘NOX Ozone Season
Allowance’’ and submit a revised
definition as a new SIP revision, no later
than a year from EPA finalizing this
conditional approval. Upon timely
meeting of this commitment, EPA will
propose to convert the conditional
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SUMMARY:
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approval of the SIP revision to a final
approval. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments on EPA’s
proposed conditional approval must be
received on or before June 20, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0054 at https://
www.regulations.gov, or via email to
fernandez.cristina@epa.gov. 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. 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On
October 15, 2014, EPA received a
revision to the State of Maryland’s SIP
submitted by MDE. The SIP revision
includes Maryland regulations which
control emissions from various
processes and fuel-burning equipment
at Kraft pulp mills and which clarify the
VOC control system and requirements
for several process installations at Kraft
pulp mills.
I. Background
In the October 15, 2014 SIP revision,
MDE’s submittal included a definition
for ‘‘NOX Ozone Season Allowance’’
which references a defunct CAA
program, CAIR. EPA discussed with
MDE the need to remove all references
to CAIR within the definition of ‘‘NOX
Ozone Season Allowance,’’ for EPA to
approve the October 15, 2014 SIP
revision.
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31887
In May 2005, EPA promulgated CAIR
which required certain states to reduce
emissions of sulfur dioxide (SO2) and
NOX that significantly contribute to
downwind nonattainment of the 1997
national ambient air quality standard
(NAAQS) for fine particulate matter
(PM2.5) and ozone. 70 FR 25162 (May
12, 2005). After litigation in the United
States Court of Appeals for the D.C.
Circuit (D.C. Circuit) which remanded
CAIR to EPA, EPA promulgated the
Cross State Air Pollution Rule (CSAPR)
to replace CAIR and to help states
reduce air pollution and attain CAA
standards. 76 FR 48208 (August 8,
2011).1 In subsequent, additional
litigation, CSAPR was initially vacated
by the D.C. Circuit but upheld by the
U.S. Supreme Court. EPA v. EME Homer
City Generation, L.P., 134 S. Ct. 1584
(2014). EPA began implementing
CSAPR in January 2015 as CAIR’s
replacement. See 79 FR 71663
(December 3, 2014) (interim final
rulemaking issued after DC Circuit lifted
stay on CSAPR).2
On September 29, 2015, EPA received
a supplemental letter from MDE
committing to remove all references to
CAIR within the definition of ‘‘NOX
Ozone Season Allowance,’’ as a SIP
revision, no later than a year from EPA
finalizing our conditional approval of
the SIP submittal. Upon final approval
of the revised definition of ‘‘NOX Ozone
Season Allowance’’ as a SIP revision,
EPA will convert the conditional
approval of the October 15, 2014 SIP
submission with the regulations and
requirements for Kraft pulp mills to a
full approval.
II. Summary of SIP Revision
MDE’s SIP revision includes amended
and new regulations in order to control
emissions from various processes and
fuel-burning equipment at Kraft pulp
mills. The SIP revision submittal
includes an amendment to the Code of
Maryland Regulations (COMAR)
26.11.01.01—‘‘General Administrative
Provisions’’ in order to add a definition
for ‘‘NOX Ozone Season Allowance.’’
This definition was added to the
COMAR by Maryland because the NOX
emission limitations for the Kraft pulp
mills rely on use of NOX allowances.
Because the definition in COMAR
26.11.01.01 makes references to CAIR
which sunset on December 31, 2014 as
1 CSAPR requires substantial reductions of SO
2
and NOx emissions in 28 states in the eastern
United States that significantly contribute to
downwind nonattainment of the 1997 PM2.5 and
ozone NAAQS and 2006 PM2.5 NAAQS.
2 Thus, after December 31, 2014, CAIR was
replaced by CSAPR and was a defunct, moot CAA
program no longer implemented by EPA.
E:\FR\FM\20MYP1.SGM
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]]>Agencies
[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]]
=======================================================================
-----------------------------------------------------------------------
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 https://www.regulations.gov, or via email to
fernandez.cristina@epa.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.
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
