PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[ 25 PA CODE CH. 129 ]
Control of Volatile Organic Compound Emissions from Fiberglass Boat Manufacturing Materials
[44 Pa.B. 4502]
[Saturday, July 19, 2014]The Environmental Quality Board (Board) proposes to amend Chapter 129 (relating to standards for sources) to read as set forth in Annex A. The proposed rulemaking would add § 129.74 (relating to control of VOC emissions from fiberglass boat manufacturing materials) to adopt reasonably available control technology (RACT) requirements and RACT emission limitations for stationary sources of volatile organic compound (VOC) emissions from fiberglass boat manufacturing materials including open molding resins, gel coats and cleaning materials. The proposed rulemaking would also add terms and definitions to § 129.74 to support the interpretation of the proposed measures.
This proposed rulemaking will be submitted to the United States Environmental Protection Agency (EPA) for approval as a revision to the Commonwealth's State Implementation Plan (SIP) following promulgation of the final-form regulation.
This proposed rulemaking is given under Board order at its meeting of May 21, 2014.
A. Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Kirit Dalal, Chief, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 772-3436; or Kristen Furlan, Assistant Director, Bureau of Regulatory Counsel, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposed rulemaking appears in Section J of this preamble. Persons with a disability may use the Pennsylvania AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department of Environmental Protection's (Department) web site at www.dep.state.pa.us (select ''Public Participation Center,'' then select ''Environmental Quality Board'').
C. Statutory Authority
The proposed rulemaking is authorized under section 5(a)(1) of the Air Pollution Control Act (APCA) (35 P. S. § 4005(a)(1)), which grants the Board the authority to adopt rules and regulations for the prevention, control, reduction and abatement of air pollution in this Commonwealth. Section 5(a)(8) of the APCA also grants the Board the authority to adopt rules and regulations designed to implement the provisions of the Clean Air Act (CAA) (42 U.S.C.A. §§ 7401—7671q).
D. Background and Purpose
The purpose of this proposed rulemaking is to implement control measures to reduce VOC emissions from fiberglass boat manufacturing materials including open molding resin, gel coat and cleaning materials. VOCs are precursors for ground-level ozone formation. Ground-level ozone, a public health and welfare hazard, is not emitted directly to the atmosphere by fiberglass boat manufacturing materials including open molding resin, gel coat and cleaning materials, but is formed by a photochemical reaction between VOCs and nitrogen oxides (NOx) in the presence of sunlight. In accordance with sections 172(c)(1), 182(b)(2)(A) and 184(b)(1)(B) of the CAA (42 U.S.C.A. §§ 7502(c)(1), 7511a(b)(2)(A) and 7511c(b)(1)(B)), the proposed rulemaking establishes the VOC emission limitations and other requirements of the EPA 2008 Fiberglass Boat Manufacturing Materials Control Techniques Guidelines (CTG) for these sources in this Commonwealth. See Consumer and Commercial Products, Group IV: Control Techniques Guidelines in Lieu of Regulations for Miscellaneous Metal Products Coatings, Plastic Parts Coatings, Auto and Light-Duty Truck Assembly Coatings, Fiberglass Boat Manufacturing Materials, and Miscellaneous Industrial Adhesives, 73 FR 58481, 58483 (October 7, 2008).
The EPA is responsible for establishing National Ambient Air Quality Standards (NAAQS) for six criteria pollutants considered harmful to public health and the environment: ground-level ozone; particulate matter; NOx; carbon monoxide; sulfur dioxide; and lead. The CAA established two types of NAAQS: primary standards, which are limits set to protect public health; and secondary standards, which are limits set to protect public welfare and the environment, including protection against visibility impairment and from damage to animals, crops, vegetation and buildings. The EPA established primary and secondary ground-level ozone NAAQS to protect public health and welfare.
Ground-level ozone is a highly reactive gas, which at sufficiently high concentrations can produce a wide variety of harmful effects. At elevated concentrations, ground-level ozone can adversely affect human health, animal health, vegetation, materials, economic values, and personal comfort and well-being. It can cause damage to important food crops, forests, livestock and wildlife. Repeated exposure to ozone pollution may cause a variety of adverse health effects for both healthy people and those with existing conditions, including difficulty in breathing, chest pains, coughing, nausea, throat irritation and congestion. It can worsen bronchitis, heart disease, emphysema and asthma, and reduce lung capacity. Asthma is a significant and growing threat to children and adults. High levels of ground-level ozone affect animals in ways similar to humans. High levels of ground-level ozone can also cause damage to buildings and synthetic fibers, including nylon, and reduced visibility on roadways and in natural areas. The implementation of additional measures to address ozone air quality nonattainment in this Commonwealth is necessary to protect the public health and welfare, animal and plant health, and welfare and the environment.
In July 1997, the EPA promulgated primary and secondary ozone standards at a level of 0.08 part per million (ppm) averaged over 8 hours. See 62 FR 38856 (July 18, 1997). In 2004, the EPA designated 37 counties in this Commonwealth as 8-hour ozone nonattainment areas for the 1997 8-hour ozone NAAQS. Based on the ambient air monitoring data for the 2013 ozone season, all monitored areas of this Commonwealth are attaining the 1997 8-hour ozone NAAQS. The Department must ensure that the 1997 ozone standard is attained and maintained by implementing permanent and enforceable control measures to ensure violations of the standard do not occur for the next decade.
In March 2008, the EPA lowered the standard to 0.075 ppm averaged over 8 hours to provide even greater protection for children, other at-risk populations and the environment against the array of ozone-induced adverse health and welfare effects. See 73 FR 16436 (March 27, 2008). In April 2012, the EPA designated five areas in this Commonwealth as nonattainment for the 2008 ozone NAAQS. See 77 FR 30088, 30143 (May 21, 2012). These areas include all or a portion of Allegheny, Armstrong, Berks, Beaver, Bucks, Butler, Carbon, Chester, Delaware, Fayette, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia, Washington and Westmoreland Counties. The Commonwealth must ensure that these areas attain the 2008 ozone standard by 2015 and that they continue to maintain the standard thereafter.
There are not Federal statutory or regulatory RACT limits for VOC emissions from fiberglass boat manufacturing materials. In 2001, however, the EPA promulgated 40 CFR Part 63, Subpart VVVV (relating to National emission standards for hazardous air pollutants for boat manufacturing) (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. Many HAPs are VOCs, but not all VOCs are HAPs. The 2001 NESHAP data, however, indicate that styrene and methyl methacrylate, which are both organic HAP and VOC, account for nearly all the VOC emissions, as well as HAP emissions, from fiberglass boat manufacturing facilities. Therefore, total HAP and VOC emissions from fiberglass boat manufacturing facilities are nearly equal.
When developing the VOC emission reduction RACT measures included in its Fiberglass Boat Manufacturing Materials CTG, the EPA took into account the HAP emission reduction measures of the 2001 NESHAP for the boat manufacturing industry. The requirements of the 2001 NESHAP apply to ''major sources'' of HAP from boat manufacturing operations. For the purpose of regulating HAPs, a ''major source'' is considered to be a stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year (tpy) or more of any single listed HAP or 25 tpy or more of any combination of HAPs. See section 112(a)(1) of the CAA (42 U.S.C.A. § 7412(a)(1)). See 66 FR 44218, 44219 (August 22, 2001).
State regulations to control VOC emissions from fiberglass boat manufacturing materials are required under Federal law and will be reviewed and approved by the EPA if the provisions meet the RACT requirements of the CAA and its implementing regulations. See 73 FR 58481, 58483. The 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.'' See State Implementation Plans; General Preamble for Proposed Rulemaking on Approval of Plan Revisions for Nonattainment Areas—Supplement (on Control Techniques Guidelines), 44 FR 53761 (September 17, 1979).
Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must include ''reasonably available control measures,'' including RACT, for sources of emissions. Section 182(b)(2) of the CAA provides that for moderate ozone nonattainment areas, states must revise their SIPs to include RACT for sources of VOC emissions covered by a CTG document issued by the EPA prior to the area's date of attainment. More importantly, section 184(b)(1)(B) of the CAA requires that states in the Ozone Transport Region (OTR), including the Commonwealth, submit an SIP revision requiring implementation of RACT for all sources of VOC emissions in the state covered by a specific CTG.
Section 183(e) of the CAA (42 U.S.C.A. § 7511b(e)) directs the EPA to list for regulation those categories of products that account for at least 80% of the VOC emissions from consumer and commercial products in ozone nonattainment areas. Section 183(e)(3)(C) of the CAA further provides that the EPA may issue a CTG document in place of a National regulation for a product category when the EPA determines that the CTG will be ''substantially as effective as regulations'' in reducing emissions of VOC in ozone nonattainment areas. In 1995, the EPA listed fiberglass boat manufacturing on its section 183(e) list and, in 2008, the EPA issued a CTG for this product category. See 60 FR 15264, 15267 (March 23, 1995) and 73 FR 58481. See Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials, EPA 453/R-08-004, Office of Air Quality Planning and Standards, EPA, September 2008. The Fiberglass Boat Manufacturing Materials CTG is available on the EPA web site at www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html.
In the 2008 notice of final determination and availability of final CTGs, the EPA determined that the recommendations of the Fiberglass Boat Manufacturing Materials CTG would be substantially as effective as National regulations in reducing VOC emissions from the fiberglass boat manufacturing materials product category in ozone nonattainment areas. See 73 FR 58481. The CTG provides states with the EPA's recommendation of what constitutes RACT for the covered category. States can use the Federal recommendations provided in the CTG to inform their own determination as to what constitutes RACT for VOC emissions from the covered category. State air pollution control agencies may implement other technically-sound approaches that are consistent with the CAA requirements and the EPA's implementing regulations or guidelines.
The Department reviewed the recommendations included in the 2008 Fiberglass Boat Manufacturing Materials CTG for their applicability to the ground-level ozone reduction measures necessary for this Commonwealth. The Bureau of Air Quality determined that the measures provided in the Fiberglass Boat Manufacturing Materials CTG are appropriate to be implemented in this Commonwealth as RACT for this category.
This proposed rulemaking would affect the owner and operator of one known Title V major facility in this Commonwealth. The Board anticipates that the affected owner of the facility would demonstrate compliance with the proposed measures to reduce VOC emissions because this facility is already subject to the 2001 NESHAP HAP emission control requirements. These NESHAP provisions are applicable requirements in the Federally-enforceable Title V permit issued by the Department to the owner and operator on January 23, 2008. It is possible that the proposed rulemaking would also affect owners and operators of other fiberglass boat manufacturing facilities that have not yet been identified, because the 2001 NESHAP does not apply to area sources (that is, sources that emit less than 10 tpy of any single listed HAP or less than 25 tpy of any combination of HAPs). Owners and operators of area source fiberglass boat manufacturing facilities are, therefore, not currently required to implement the HAP-reduction measures provided in the 2001 NESHAP, which are also included in the 2008 Fiberglass Boat Manufacturing Materials CTG as measures for reducing emissions of VOCs from sources that meet the applicability threshold recommended by the EPA in the CTG.
The ground-level ozone reduction measures included in this proposed rulemaking would achieve VOC emission reductions locally and would also reduce the transport of VOC emissions and ground-level ozone to downwind states, if implemented for potentially unidentified existing sources of VOC emissions from fiberglass boat manufacturing operations including open molding resin and gel coat materials that are not currently controlled in this Commonwealth. Adoption of VOC emission requirements for fiberglass boat manufacturing materials is part of the Commonwealth's strategy, in concert with other OTR jurisdictions, to further reduce transport of VOC ozone precursors and ground-level ozone throughout the OTR to attain and maintain the 8-hour ozone NAAQS.
The proposed rulemaking is required under the CAA and is reasonably necessary to attain and maintain the health-based and welfare-based 8-hour ozone NAAQS and to satisfy related CAA requirements in this Commonwealth. If published as a final-form regulation in the Pennsylvania Bulletin, this proposed rulemaking will be submitted to the EPA as a revision to the Commonwealth's SIP.
The proposed rulemaking was discussed with the Air Quality Technical Advisory Committee (AQTAC) on December 12, 2013. The AQTAC voted unanimously to concur with the Department's recommendation to forward the proposed rulemaking to the Board for consideration. The proposed rulemaking was discussed with the Small Business Compliance Advisory Committee (SBCAC) on April 23, 2014. The SBCAC also voted unanimously to forward the proposed rulemaking to the Board for consideration. The proposed rulemaking was discussed with the Citizens Advisory Council (CAC) Policy and Regulatory Oversight (PRO) Committee on March 12, 2014. On the recommendation of the PRO Committee, on March 18, 2014, the CAC concurred with the Department's recommendation to forward the proposed rulemaking to the Board.
E. Summary of Regulatory Requirements
§ 129.74. Control of VOC emissions from fiberglass boat manufacturing materials
Under proposed subsection (a), the proposed rulemaking would apply Statewide to the owner and operator of a facility that manufactures a hull or a deck of a boat or a related part from fiberglass, builds a mold or plug to make a fiberglass boat hull or deck or related part, or makes polyester resin putties for assembling fiberglass boat parts when the total actual VOC emissions from fiberglass boat manufacturing operations identified in Table I are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons per 12-month rolling period, before consideration of controls. The total actual VOC emissions include the actual VOC emissions from the manufacture of hulls or decks from fiberglass, fiberglass boat parts (including small parts such as hatches, seats and lockers), molds or plugs for fiberglass hulls, decks or boat parts, resin and gel coat mixing operations, resin and gel coat application equipment and related cleaning activities at the facility. As with all RACT regulations, an owner or operator remains subject to the regulation even if the throughput or VOC emissions fall below the applicability threshold.
Proposed subsection (a) also specifies that the proposed rulemaking would not apply to the owner and operator of a facility that manufactures boat trailers or parts of boats, such as hatches, seats and lockers, but does not manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks. Further, proposed subsection (a) establishes monomer VOC content limits for open molding resin and gel coat materials.
Under proposed subsection (b), the proposed rulemaking establishes 39 definitions to support the proposed rulemaking.
Under proposed subsection (c), exceptions are established for certain operating circumstances.
Under proposed subsection (d), the requirements of this proposed rulemaking supersede the requirements of a RACT permit issued to an owner and operator of a source subject to this section, except to the extent the RACT permit contains more stringent requirements.
Under proposed subsection (e), the owner and operator of a facility subject to this section shall comply with the applicable requirements on the effective date of adoption of this proposed rulemaking.
Under proposed subsection (f), the owner and operator of a facility subject to this section may not cause or permit the emission into the outdoor atmosphere of monomer VOCs from an open molding resin or gel coat fiberglass boat manufacturing operation, a resin or gel coat mixing operation, or a resin or gel coat application equipment cleaning operation unless one or more of the specified limitations is met. Three options for meeting the emission limits are proposed: use of compliant materials as listed in Table I; monomer VOC emissions averaging; or installation of a VOC emissions capture system and add-on air pollution control device.
Under proposed subsection (g), the owner and operator of a facility subject to this section opting to install a VOC emissions capture system and add-on air pollution control device must obtain a plan approval prior to installation and operation of the VOC emissions capture system and add-on air pollution control device.
Under proposed subsection (h), the owner and operator of a facility subject to this section may use an adjusted monomer VOC emission rate for filled production resins and filled tooling resins in each of the options specified in subsection (f).
Under proposed subsection (i), the monomer VOC content of an open molding resin, gel coat, filled production resin or filled tooling resin material not included in an emissions averaging option in subsection (f)(2) must meet the monomer VOC content requirements of subsection (f)(1) or the add-on air pollution control requirements of subsection (f)(3).
Under proposed subsection (j), alternative requirements for control of monomer VOC content for certain resin and gel coat materials are established.
Under proposed subsection (k), work practices for resin and gel coat materials are established.
Under proposed subsection (l), VOC content limits and work practices for cleaning materials are established.
Under proposed subsection (m), compliance and monitoring requirements are established.
Under proposed subsection (n), sampling and testing standards are established.
Under proposed subsection (o), recordkeeping requirements are established.
Under proposed subsection (p), reporting requirements are established.
F. Benefits, Costs and Compliance
Benefits
Implementation of the VOC emission control measures in the proposed rulemaking would benefit the health and welfare of the approximately 12 million residents and the numerous animals, crops, vegetation and natural areas of this Commonwealth by reducing emissions of VOCs, which are precursors to the formation of ground-level ozone air pollution. Exposure to high concentrations of ground-level ozone is a serious human and animal health and welfare threat, causing respiratory illnesses and decreased lung function, agricultural crop loss, visible foliar injury to sensitive plant species, and damage to forests, ecosystems and infrastructure. Reduced ambient concentrations of ground-level ozone would reduce the incidences of hospital admissions for respiratory ailments including asthma and improve the quality of life for citizens overall. While children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to high levels of ambient ground-level ozone while engaged in activities that involve physical exertion.
This proposed rulemaking is designed to adopt the standards and recommendations in the EPA's 2008 Fiberglass Boat Manufacturing Materials CTG to meet the requirements of sections 172(c)(1), 182(b)(2) and 184(b)(1)(B) of the CAA. The proposed rulemaking would apply the standards and recommendations in the CTG across this Commonwealth, as required under section 184(b)(1)(B) of the CAA.
The Statewide implementation of the proposed rulemaking control measures would assist the Department in reducing VOC emissions from fiberglass boat manufacturing operations locally, and reducing the resultant local formation of ground-level ozone and transport of VOC emissions and ground-level ozone to downwind states. Statewide implementation would also facilitate implementation and enforcement of the proposed rulemaking in this Commonwealth. The measures in the proposed rulemaking are reasonably necessary to attain and maintain the health-based and welfare-based 8-hour ozone NAAQS and to satisfy related CAA requirements in this Commonwealth.
The proposed rulemaking may create economic opportunities for VOC emission control technology innovators, manufacturers and distributors through an increased demand for new or improved equipment. In addition, the owners and operators of regulated facilities may be required to install and operate an emissions monitoring system or equipment necessary for an emissions monitoring method to comply with the proposed rulemaking, thereby creating an economic opportunity for the emissions monitoring industry.
Compliance costs
The Board does not anticipate additional costs from these proposed VOC emission reduction measures for the owner and operator of this Title V facility which is already subject to the EPA's 2001 NESHAP HAP emission control requirements. These applicable requirements are incorporated in the Federally-enforceable Title V permit issued by the Department to the owner and operator on January 23, 2008. Therefore, there would not be additional compliance costs to the owner and operator of this source from implementation of this proposed rulemaking. It is possible that the proposed rulemaking would also affect owners and operators of other fiberglass boat manufacturing facilities that have not yet been identified, because the HAP emission reduction measures of the 2001 NESHAP do not apply to the owners and operators of area sources (that is, sources that emit less than 10 tpy of any single listed HAP or less than 25 tpy of any combination of HAPs). Owners and operators of area source fiberglass boat manufacturing facilities are, therefore, not currently required to implement the HAP emission reduction measures provided in the 2001 NESHAP, which are also included in the 2008 Fiberglass Boat Manufacturing Materials CTG as measures for reducing emissions of VOCs from sources that meet the applicability threshold recommended by the EPA in the CTG.
The owner and operator of a facility that is not subject to the 2001 NESHAP that would be subject to the proposed rulemaking would be expected to incur little, if any, cost to implement the requirements of the proposed rulemaking. The proposed rulemaking provides as one compliance option the use of individually-compliant resin and gel coat materials in subsection (f)(1), and requires the use of compliant cleaning solvents in subsection (l). Open molding resin, gel coat and cleaning materials that are compliant with the HAP content limits in the 2001 NESHAP and with the proposed rulemaking VOC content limits in subsection (a) are readily available to all sizes of facilities. Further, the industry has experienced a shift to non-atomizing resin application methods that are required to comply with the HAP emission reduction requirements in the 2001 NESHAP and which are included in the proposed rulemaking. This shift has occurred at all sizes of facilities across the United States because of the productivity and economic benefits of using non-atomizing methods over conventional atomizing methods.
The proposed rulemaking would provide flexibility by allowing compliance through averaging the VOC emission rates of open molding resin and gel coat materials in subsection (f)(2) in addition to choice of application technology. A third compliance option, the use of a VOC emissions capture system and add-on air pollution control device, is provided in subsection (f)(3). However, because of the wide availability and lower cost (compared to add-on controls) of compliant VOC content materials and alternative application methods, compliant materials and methods are generally used to reduce VOC emissions from fiberglass boat manufacturing facilities.
Emission limitations established by this proposed rulemaking would not require the submission of applications for amendments to existing operating permits. These requirements would be incorporated as applicable requirements at the time of permit renewal, if less than 3 years remain in the permit term.
New legal, accounting or consulting procedures would not be required.
Compliance assistance plan
The Department plans to educate and assist the public and regulated community in understanding the proposed requirements and how to comply with them. This would be accomplished through the Department's ongoing compliance assistance program. The Department would also work with the Small Business Assistance Program to aid the facilities less able to handle permitting matters with in-house staff.
Paperwork requirements
The owner and operator of an affected fiberglass boat manufacturing source would be required to keep records of information for open molding resin and gel coat materials and cleaning materials, as applicable, sufficient to demonstrate compliance with the requirements of this section. The proposed rulemaking would require monthly records of certain VOC content information or composite vapor pressure, as applicable. Records of calculations performed for each applicable requirement under subsections (f), (h) and (j) would be required, as well as records of the sampling and testing performed in accordance with subsection (n). The records required in the proposed rulemaking must be maintained for 2 years unless a longer period is specified by a plan approval or operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources) and submitted to the Department in an acceptable format upon receipt of a written request.
G. Pollution Prevention
The Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance.
This proposed rulemaking would help ensure that the citizens and the environment of this Commonwealth experience the benefits of reduced emissions of VOCs and HAPs from fiberglass boat manufacturing open molding resin, gel coat and cleaning materials. Although the proposed rulemaking is designed primarily to address ozone air quality, the reformulation or substitution of low-VOC content open molding resin and gel coat materials, and low-VOC content or low vapor pressure cleaning materials, to meet the VOC content limits applicable to users may also result in reduction of HAP emissions, which are also a serious health threat. The reduced levels of high VOC-content and HAP-content solvents would also benefit water quality through reduced loading on water treatment plants and in reduced quantities of high VOC-content and HAP-content solvents leaching into the ground.
The proposed rulemaking provides as one compliance option that open molding resin and gel coat materials used in fiberglass boat manufacturing processes in this Commonwealth would meet specified limits for VOC content, usually through substitution of low VOC-content solvents or water for the high VOC-content solvents, and that they be applied using specified application methods. Further, the proposed rulemaking would require the owner and operator of a source subject to this section to ensure that resin and gel coat containers with a capacity equal to or greater than 55 gallons (208 liters), including those used for onsite mixing of putties and polyputties, have a cover in place at all times with no visible gaps, except when materials are being manually added or removed from a container or when mixing equipment is being placed in or removed from a container.
The proposed rulemaking additionally requires the use of low-VOC content or low vapor pressure cleaning materials, and work practice standards for the storage and handling of cleaning materials. The proposed rulemaking would also require the owner and operator of a source subject to this section to ensure that the VOC content of cleaning materials used for routine application equipment cleaning is equal to or less than 5% by weight or has a composite vapor pressure equal to or less than 0.50 mmHg at 68°F and use only non-VOC-containing solvent to remove cured resin or gel coat residue from application equipment.
H. Sunset Review
This regulation will be reviewed in accordance with the sunset review schedule published by the Department to determine whether it effectively fulfills the goals for which it was intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 8, 2014, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
J. Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to the Environmental Quality Board. Comments, suggestions or objections must be received by the Board by September 22, 2014. In addition to the submission of comments, interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by the Board by September 22, 2014. The one-page summary will be distributed to the Board and available publicly prior to the meeting when the final-form rulemaking will be considered.
Comments including the submission of a one-page summary of comments may be submitted to the Board online, by e-mail, by mail or express mail as follows. If an acknowledgement of comments submitted online or by e-mail is not received by the sender within 2 working days, the comments should be retransmitted to the Board to ensure receipt. Comments submitted by facsimile will not be accepted.
Comments may be submitted to the Board by accessing the Board's online comment system at http://www.ahs.dep.pa.gov/RegComments. Comments may be submitted to the Board by e-mail at RegComments@pa.gov. A subject heading of the proposed rulemaking and a return name and address must be included in each transmission.
Written comments should be mailed to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477. Express mail should be sent to the Environmental Quality Board, Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301.
K. Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on this proposed rulemaking. The hearings will be held at 1 p.m. on the following dates:
August 19, 2014 Department of Environmental Protection
Southwest Regional Office
Island Conference Room
400 Waterfront Drive
Pittsburgh, PA 15222
August 20, 2014 Department of Environmental Protection
Southeast Regional Office
Schuylkill Conference Room
2 East Main Street
Norristown, PA 19401August 21, 2014 Department of Environmental Protection
Rachel Carson State Office Building
Conference Room 105
400 Market Street
Harrisburg, PA 17105Persons wishing to present testimony at a hearing are requested to contact the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526 at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) or (800) 654-5988 (voice users) to discuss how the Board may accommodate their needs.
E. CHRISTOPHER ABRUZZO,
ChairpersonFiscal Note: 7-487. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 129. STANDARDS FOR SOURCES
SOURCES OF VOCs § 129.74. Control of VOC emissions from fiberglass boat manufacturing materials.
(a) Applicability.
(1) This section applies to the owner and operator of a facility that manufactures a hull or a deck of a boat or a related part from fiberglass, builds a mold or plug to make a fiberglass boat hull or deck or related part, or makes polyester resin putties for assembling fiberglass boat parts, when the total actual VOC emissions from fiberglass boat manufacturing operations identified in Table I are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons per 12-month rolling period, before consideration of controls. The total actual VOC emissions include the actual VOC emissions from the manufacture of hulls or decks from fiberglass, fiberglass boat parts (including small parts such as hatches, seats and lockers), molds or plugs for fiberglass hulls, decks or boat parts, resin and gel coat mixing operations, resin and gel coat application equipment and related cleaning activities at the facility.
(2) This section does not apply to the owner and operator of a facility that manufactures boat trailers or parts of boats, such as hatches, seats and lockers, but does not manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks.
Table I: Compliant Monomer VOC Content Limit for Open Molding Resin and Gel Coat Materials
Open Molding Resin or Gel
Coat MaterialApplication Method Individual Monomer VOC Content or Weighted Average Monomer VOC Content (weight percent) Production Resin Atomized Spray 28 Production Resin Non-atomized 35 Pigmented Gel Coat Any Method 33 Clear Gel Coat Any Method 48 Tooling Resin Atomized Spray 30 Tooling Resin Non-atomized 39 Tooling Gel Coat Any Method 40
(b) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Application equipment cleaning—The process of flushing or removing resin or gel coat material, or both, from the interior or exterior of equipment that is used to apply resins or gel coats in the manufacture of fiberglass parts.
Assembly adhesives—A chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.
Atomized application method—
(i) A resin application technology in which the resin leaves the application equipment and breaks into droplets or an aerosol as it travels from the application equipment to the surface of the part.
(ii) The term includes resin spray guns and resin chopper spray guns.
Boat—A vessel, other than a seaplane, that can be used for transportation on the water.
Clear gel coat—
(i) A polyester resin material that is clear or translucent so that underlying colors are visible. These materials are used to manufacture parts for sale.
(ii) The term does not include tooling gel coats used to build or repair molds.
Closed molding—
(i) A process in which pressure is used to distribute resin through the reinforcing fabric placed between two mold surfaces to either saturate the fabric or fill the mold cavity. The pressure may be clamping pressure, fluid pressure, atmospheric pressure or vacuum pressure used either alone or in combination. The mold surfaces may be rigid or flexible.
(ii) The term includes compression molding with sheet molding compound, infusion molding, resin injection molding, vacuum assisted resin transfer molding, resin transfer molding and vacuum assisted compression molding.
(iii) The term does not include:
(A) A process in which a closed mold is used only to compact saturated fabric or remove air or excess resin from the fabric, such as in vacuum bagging.
(B) Open molding steps, such as application of a gel coat or skin coat layer by conventional open molding.
Cured resin—A thermosetting plastic material containing styrene or methyl methacrylate or gel coat that has changed irreversibly from a liquid to a solid.
Fiberglass—A material consisting of glass fibers made in the form of cloth, mat or roving.
Fiberglass boat—A vessel in which either the hull or deck, or both, is built from a composite material consisting of a thermosetting resin matrix reinforced with fibers of glass, carbon, aramid or other material.
Filled resin—A thermosetting plastic material to which an inert material has been added to change viscosity, density, shrinkage or other physical properties, particularly for building molds.
Flowcoater—A non-atomizing application method of applying resins and gel coats to an open mold with a fluid nozzle in a fan pattern with no air supplied to the nozzle.
Gel coat—
(i) A clear or pigmented polyester resin material that does not contain reinforcing fibers and becomes the outer or inner surface of a finished boat product or mold.
(ii) The term includes a clear or pigmented polyester resin mixed with metal flakes.
Glass cloth—A fabric made of woven yarns of glass fibers.
Glass mat—A prepared material consisting of short glass fibers that are fixed to each other in a random pattern by a chemical binder or are mechanically stitched to a lightweight fabric.
Glass roving—A bundle of continuous glass fibers that is fed from a spool to a specialized gun that chops the bundle into short fibers, mixes the fibers with catalyzed resin and deposits the mixture on the mold surface in a random pattern.
Mixing—An operation in which resin or gel coat, including the mixing of putties or polyester resin putties, is combined with additives that include fillers, promoters or catalysts.
Mold—
(i) The cavity or surface into or on which gel coat, resin and fibers are placed and from which finished fiberglass parts take their form.
(ii) The term is also known as a tool.
Monomer VOC—A VOC that partially combines with itself or other similar compounds by a cross-linking reaction to become a part of the cured resin.
Monomer VOC content—The weight of the monomer divided by the weight of the polymer.
Non-atomized application method—
(i) A resin application technology in which the resin is not broken into droplets or into an aerosol as the resin travels from the application equipment to the surface of the part.
(ii) The term includes flowcoaters, chopper flowcoaters, pressure-fed resin rollers, resin impregnators and hand application (for example, paint brush or paint roller).
Open molding—
(i) A process in which the reinforcing fibers and resin are placed in the mold and are open to the surrounding air while the reinforcing fibers are saturated with resin.
(ii) The term includes:
(A) An operation in which a vacuum bag or similar cover is used to compress an uncured laminate to remove air bubbles or excess resin or to achieve a bond between a core material and a laminate.
(B) Application of a gel coat or skin coat layer prior to a closed molding process.
(C) A process in which a closed mold is used only to compact saturated fabric or to remove air or excess resin from the fabric (such as in vacuum bagging).
Pigmented gel coat—
(i) An opaque polyester resin material used to manufacture parts for sale.
(ii) The term does not include tooling gel coats used to build or repair molds.
Plug—
(i) A full-size model of the part to be manufactured. The mold is built over the finished model.
(ii) The term is also known as a prototype.
Polyester resin material—An unsaturated thermosetting plastic material, such as an isophthalic, orthophthalic, halogenated, bisphenol A, vinylester or furan resin, a cross-linking agent, a catalyst, a gel coat, an inhibitor, an accelerator, a promoter or other material containing VOC used in polyester resin operations.
Polyester resin operation—A process in which an unsaturated polyester resin material is used to fabricate, rework, repair or touch-up a product for commercial, military or industrial use by mixing, pouring, hand laying-up, impregnating, injecting, forming, winding, spraying or curing.
Polyputty or putty—A polyester or vinylester resin mixed with inert fillers or fibers. The mixture is used to assemble fiberglass parts and to fill gaps between parts. The applied material becomes part of the composite structure. These materials are not considered industrial adhesives.
Production resin—
(i) A thermosetting plastic material used to manufacture parts for sale.
(ii) The term does not include tooling resins used to build or repair molds and assembly adhesives.
Repair—The addition of polyester resin material to a portion of a previously fabricated product to mend damage.
Resin—A thermosetting plastic material containing styrene or methyl methacrylate, with or without pigment, used to encapsulate and bind together reinforcement fibers in the construction of fiberglass parts.
Resin impregnator—A mechanical non-atomizing composite material application method in which fiber reinforcement is saturated with one or more resins in a controlled ratio for each specific composite product.
Roll-out—The process of using rollers, squeegees or similar tools to compact reinforcing materials saturated with resin to remove trapped air or excess resin.
Skin coat—A layer of resin and fibers applied over the gel coat to protect the gel coat from being deformed by the next laminate layer.
Tooling gel coat—A polyester resin material containing styrene or methyl methacrylate, or both, that becomes the interior surface of a mold, supported by resin and fiberglass, or the exterior surface of a plug used to create a mold or is used to repair a mold.
Tooling resin—A thermosetting plastic material, hardened by a catalyst, used to construct or repair a mold or a plug for a mold for the manufacture of a fiberglass boat hull, deck or other part.
Touch-up—The application of material to cover minor imperfections.
Vacuum bagging—
(i) A molding technique in which the reinforcing fabric is saturated with resin, covered with a flexible sheet that is sealed to the edge of the mold and a vacuum is applied under the sheet to compress the laminate, remove excess resin or remove trapped air from the laminate during curing.
(ii) The term does not include a process that meets the definition of ''closed molding.''
Vacuum bagging with roll-out—A partially closed molding technology that rolls the resin and fabric before the application of vacuum bagging materials.
Vacuum bagging without roll-out—A partially closed molding technology that applies vacuum bagging materials to the mold immediately after resin application without rolling the resin and fabric.
Vinylester resin—A thermosetting plastic material containing one or more esters of acrylic or methacrylic acids and having double-bond and ester linkage sites only at the ends of the resin molecules.
(c) Exceptions. The requirements of this section do not apply to the following circumstances:
(1) A resin application process in a closed molding operation as defined in subsection (b).
(2) A surface coating applied to a fiberglass boat.
(3) A surface coating for a fiberglass and metal recreational boat.
(4) An industrial adhesive used in the assembly of a fiberglass boat. Industrial adhesives used in fiberglass boat assembly are regulated under § 129.77 or Chapter 130, Subchapter D (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents; and adhesives, sealants, primers and solvents).
(d) Existing RACT permit. The requirements of this section supersede the requirements of a RACT permit issued to the owner and operator of a source subject to subsection (a) prior to ______ , (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) under §§ 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from a fiberglass boat manufacturing process, except to the extent the RACT permit contains more stringent requirements.
(e) Compliance deadline. The owner and operator of a facility subject to this section shall comply with the applicable requirements beginning ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.).
(f) Emission limits. Except as specified in subsection (h) or (j), the owner and operator of a facility subject to this section may not cause or permit the emission into the outdoor atmosphere of monomer VOCs from an open molding resin or gel coat fiberglass boat manufacturing operation, a resin or gel coat mixing operation, or a resin or gel coat application equipment cleaning operation unless one or more of the following limitations is met:
(1) Compliant materials option. The individual monomer VOC content limit is achieved through the use of low-monomer VOC content open molding resin and gel coat materials by one or more of the following methods:
(i) Using only low-monomer VOC content resin and gel coat materials within a covered operation listed in Table I.
(A) The monomer VOC content of each resin or gel coat material is equal to or less than the limit specified in Table I.
(B) The monomer VOC content of each resin or gel coat material includes the amount of non-monomer VOC content that exceeds 5% by weight of the resin or gel coat material.
(ii) Averaging the monomer VOC contents for the open molding resin and gel coat materials used within a covered operation listed in Table I on a weight-adjusted basis.
(A) The combined total monomer VOC content of resin or gel coat materials of a certain type must meet the applicable monomer VOC content limit for a specific application method on a 12-month rolling weighted-average basis, calculated using the equation in clause (C).
(B) The monomer VOC content of each resin or gel coat material included in the weighted average specified in clause (A) includes the amount of non-monomer VOC content that exceeds 5% by weight of the resin or gel coat material.
(C) The weighted-average monomer VOC content on a 12-month rolling-average basis shall be calculated as follows:
Where:
Mi = Mass of open molding resin or gel coat i used in the past 12 months in an operation, in megagrams.
VOCi = Monomer VOC content, by weight percent, of open molding resin or gel coat i used in the past 12 months in an operation.
n = Number of different open molding resins or gel coats used in the past 12 months in an operation.
(2) Emissions averaging option. The numerical monomer VOC emission rate limit is achieved through averaging emissions among different open molding resin and gel coat operations. The equations in subparagraphs (iii)—(v) shall be used to estimate the monomer VOC emission rates from each operation included in the emissions averaging option based on the material and application method.
(i) The monomer VOC content of each open molding resin or gel coat material included in the emissions averaging option includes the amount of non-monomer VOC content that exceeds 5% by weight of the resin or gel coat material.
(ii) The 12-month rolling emissions average shall be determined at the end of each calendar month.
(iii) The facility-specific monomer VOC mass emission limit on a 12-month rolling-average basis shall be calculated as follows:
Monomer VOC Limit = 46(MR) + 159(MPG) + 291(MCG) + 54(MTR) + 214(MTG)
Where:
Monomer VOC Limit = Total allowable monomer VOC that can be emitted from the open molding operations included in the emissions averaging program, in kilograms per 12-month period.
MR = Mass of production resin used in the past 12 months, excluding exempt VOC materials, in megagrams.
MPG = Mass of pigmented gel coat used in the past 12 months, excluding exempt VOC materials, in megagrams.
MCG = Mass of clear gel coat used in the past 12 months, excluding exempt VOC materials, in megagrams.
MTR = Mass of tooling resin used in the past 12 months, excluding exempt VOC materials, in megagrams.
MTG = Mass of tooling gel coat used in the past 12 months, excluding exempt VOC materials, in megagrams.
Numerical coefficients = The allowable monomer VOC emission rate for that particular material, in units of kg/Mg of material used.
(iv) At the end of the first 12-month rolling-average emissions period and at the end of each subsequent calendar month, the owner or operator of the facility shall demonstrate that the monomer VOC emissions from the operations and materials included in the emissions averaging option do not exceed the emission limit calculated under subparagraph (iii) for the same 12-month period as follows:
Monomer VOC emissions = (PVR)(MR) + (PVPG)(MPG) + (PVCG)(MCG) + (PVTR)(MTR) + (PVTG)(MTG)
Where:
Monomer VOC emissions = Monomer VOC emissions calculated using the monomer VOC mission equation for each operation included in the emissions averaging program, in kilograms.
PVR = Weighted-average monomer VOC emission rate for production resin used in the past 12 months, in kilograms per megagram.
MR = Mass of production resin used in the past 12 months, in megagrams.
PVPG = Weighted-average monomer VOC emission rate for pigmented gel coat used in the past 12 months, in kilograms per megagram.
MPG = Mass of pigmented gel coat used in the past 12 months, in megagrams.
PVCG = Weighted-average monomer VOC emission rate for clear gel coat used in the past 12 months, in kilograms per megagram.
MCG = Mass of clear gel coat used in the past 12 months, in megagrams.
PVTR = Weighted-average monomer VOC emission rate for tooling resin used in the past 12 months, in kilograms per megagram.
MTR = Mass of tooling resin used in the past 12 months, in megagrams.
PVTG = Weighted-average monomer VOC emission rate for tooling gel coat used in the past 12 months, in kilograms per megagram.
MTG = Mass of tooling gel coat used in the past 12 months, in megagrams.
(v) For purposes of subparagraph (iv), the owner or operator of the facility shall determine the weighted-average monomer VOC emission rate for the previous 12 months for each open molding resin and gel coat operation included in the emissions averaging option as follows:
Where:
PVOP = Weighted-average monomer VOC emission rate for each open molding operation (PVR, PVPG, PVCG, PVTR, PVTG) included in the emissions averaging program, in kilograms of monomer VOC per megagram of material applied.
Mi = Mass of resin or gel coat used within an operation in the past 12 months, in megagrams.
n = Number of different open molding resins and gel coats used within an operation within the past 12 months.
PVi = The monomer VOC emission rate for resin or gel coat used within an operation in the past 12 months, in kilograms of monomer VOC per megagram of material applied. PVi shall be calculated using the applicable emission rate formula specified in Table II.
Table II: Monomer VOC Emission Rate Formulas for Open Molding Resin and Gel Coat Materials
Open Molding Resin or Gel
Coat MaterialApplication Method Emission Rate Formula Production Resin, Tooling Resin Atomized 0.014 x (Resin VOC%)2.425 Production Resin, Tooling Resin Atomized, plus vacuum
bagging with roll-out0.01185 x (Resin VOC%)2.425 Production Resin, Tooling Resin Atomized, plus vacuum
bagging without roll-out0.00945 x (Resin VOC%)2.425 Production Resin, Tooling Resin Non-atomized 0.014 x (Resin VOC%)2.275 Production Resin, Tooling Resin Non-atomized, plus vacuum
bagging with roll-out0.0110 x (Resin VOC%)2.275 Production Resin, Tooling Resin Non-atomized, plus vacuum
bagging without roll-out0.0076 x (Resin VOC%)2.275 Pigmented Gel Coat All methods 0.445 x (Resin VOC%)1.675 Clear Gel Coat All methods 0.445 x (Resin VOC%)1.675 Tooling Gel Coat All methods 0.445 x (Resin VOC%)1.675
(3) VOC emissions capture system and add-on air pollution control device option. A numerical monomer VOC emission rate, determined for a facility based on the mix of application methods and materials used at the facility, is achieved through the use of a VOC emissions capture system and add-on air pollution control device.
(i) The equation in paragraph (2)(iii) must be used to determine the emission limit to be achieved by the add-on air pollution control device, but modified as specified in this subparagraph. The mass of each open molding monomer VOC-containing material used during the control device performance test must be used in the equation in paragraph (2)(iii), instead of the mass of each material used over the past 12 months, to determine the emission limit, in kilograms of monomer VOC, that is applicable during the control device test.
(ii) The measured emissions at the outlet of the control device, in kilograms of monomer VOC, must be less than the emission limit calculated as specified in subparagraph (i).
(iii) The relevant control device and emission capture system operating parameters must be monitored and recorded during the test.
(iv) The values of the parameters recorded in subparagraph (iii) must be used to establish the operating limits for those parameters.
(v) The operating parameters must be maintained within the established operating limits.
(g) VOC emissions capture system and add-on air pollution control device requirements. The owner or operator of a facility subject to this section may elect to comply with the applicable emission limitations of this section through the installation of a VOC emissions capture system and add-on air pollution control device in accordance with subsection (f)(3). The owner or operator shall submit a plan approval to the appropriate regional office. The plan approval must be approved, in writing, by the Department prior to installation and operation of the emissions capture system and add-on air pollution control device. The plan approval must include the following information:
(1) A description, including location, of each affected source or operation to be controlled with the emissions capture system and add-on air pollution control device.
(2) A description of the proposed emissions capture system and add-on air pollution control device to be installed.
(3) A description of the proposed compliance monitoring equipment to be installed.
(4) A description of the parameters to be monitored to demonstrate continuing compliance.
(5) A description of the records to be kept that will document the continuing compliance.
(6) A schedule containing proposed interim dates for completing each phase of the required work to install and test the emissions capture system and add-on air pollution control device described in paragraph (2) and the compliance monitoring equipment described in paragraph (3).
(7) A proposed interim emission limitation that will be imposed on the affected source or operation until compliance is achieved with the applicable emission limitation.
(8) A proposed final compliance date that is as soon as possible but not later than 1 year after the start of installation of the approved emissions capture system and add-on air pollution control device and the compliance monitoring equipment.
(h) Emission limits for filled production resins and filled tooling resins. The owner or operator may use an open molding filled production resin or filled tooling resin in each of the emission limit options specified in subsection (f).
(1) If fillers are added to the resin material, the adjusted monomer VOC emission rate of the filled material must be calculated on an as-applied basis as follows:
Where:
PVF = The as-applied monomer VOC emission rate for the filled production resin or tooling resin, in kilograms per megagram of filled material.
PVU = The monomer VOC emission rate for the neat (unfilled) resin, before filler is added, calculated using the applicable emission rate formula in Table II.
% Filler = The weight-percent of filler in the as-applied resin system.
(2) The value of PVF of a compliant material used in subsection (f)(1), calculated as specified in paragraph (1), for a filled resin used as a:
(i) Production resin shall not exceed 46 kilograms of monomer VOC per megagram of filled resin applied.
(ii) Tooling resin shall not exceed 54 kilograms of monomer VOC per megagram of filled resin applied.
(3) The value of PVF, calculated as specified in paragraph (1), must be used in place of the value of PVi for a filled resin included in the emissions averaging option equation in subsection (f)(2)(v).
(4) The monomer VOC content of each as applied filled resin includes the amount of non-monomer VOC content that exceeds 5% by weight of the unfilled resin material.
(i) Monomer VOC control requirement for an open molding resin, gel coat, filled production resin or filled tooling resin not included in an emissions averaging option. The monomer VOC content of an open molding resin, gel coat, filled production resin or filled tooling resin material not included in an emissions averaging option in subsection (f)(2) shall meet the monomer VOC content requirements of subsection (f)(1) or the add-on air pollution control requirements of subsection (f)(3).
(j) Alternative requirements for control of monomer VOC content for certain resin and gel coat materials. The monomer VOC content limits in Table I do not apply to a tooling or production material used for the following purposes:
(1) A production resin, including a skin coat resin, that must meet a specification for use in a military vessel or must be approved by the United States Coast Guard for use in the construction of a lifeboat, rescue boat or life-saving appliance approved under 46 CFR Chapter 1, Subchapter Q (relating to equipment, construction, and materials: specifications and approval) or the construction of a small passenger vessel regulated under 46 CFR Chapter 1, Subchapter T (relating to small passenger vessels (under 100 gross tons)). A production resin that meets one or more of these criteria shall be applied with non-atomizing resin application equipment.
(2) A production or tooling resin or a pigmented, clear or tooling gel coat used for repair and touch up of a part or a mold, if the weight used of resin and gel coat materials that meet one or more of these criteria does not exceed 1% by weight of the total resin and gel coat material used at a facility on a 12-month rolling-average basis.
(3) Pure 100% vinylester resin used for a skin coat, if the pure 100% vinylester resin used for the skin coat is applied with non-atomizing resin application equipment, and the weight used of resin materials meeting this criterion does not exceed 5% by weight of the total resin used at a facility on a 12-month rolling-average basis.
(k) Work practices for resin and gel coat materials. The owner or operator of a facility subject to this section shall ensure that resin and gel coat containers with a capacity equal to or greater than 55 gallons (208 liters), including those used for onsite mixing of putties and polyputties, have a cover in place at all times with no visible gaps, except when materials are being manually added or removed from a container or when mixing equipment is being placed in or removed from a container.
(l) VOC content limits and work practices for cleaning materials. The owner or operator of a facility subject to this section shall comply with the following VOC content limits and work practices for VOC-containing cleaning materials:
(1) Ensure that the VOC content of cleaning solvents used for routine application equipment cleaning is equal to or less than 5% by weight or has a composite vapor pressure equal to or less than 0.50 mmHg at 68°F.
(2) Use only non-VOC-containing solvent to remove cured resin or gel coat from application equipment.
(m) Compliance and monitoring requirements. The owner or operator of a facility subject to this section shall:
(1) Use the test methods and procedures in subsection (n) to determine the monomer VOC content of resin and gel coat material.
(2) Equip add-on air pollution control devices with the applicable monitoring equipment. The monitoring equipment shall be installed, calibrated, operated and maintained according to manufacturer's specifications at all times that the add-on air pollution control device is in use.
(n) Sampling and testing. The owner or operator of a facility subject to this section shall perform sampling and testing as follows:
(1) Use one or more of the following methods to determine the monomer VOC content of a resin or gel coat.
(i) SCAQMD Method 312-91, Determination of Percent Monomer in Polyester Resins.
(ii) Manufacturer's formulation data.
(iii) Other test methods or data demonstrated to provide results that are acceptable for purposes of determining compliance with this section if prior approval is obtained in writing from the Department and the United States Environmental Protection Agency.
(2) Use the test methods and procedures specified in Chapter 139 (relating to sampling and testing) for sampling and testing of add-on air pollution control devices.
(o) Recordkeeping requirements. The owner or operator of a facility subject to this section shall maintain monthly records sufficient to demonstrate compliance with this section. The records must include the following information:
(1) The name and identification number of each resin and gel coat.
(2) The total quantity of atomized molding production resin, non-atomized production resin, pigmented gel coat, clear gel coat, atomized tooling resin, non-atomized tooling resin and tooling gel coat used per month.
(3) The monomer VOC content for each resin and gel coat.
(4) The non-monomer VOC content for each resin and gel coat.
(5) The calculations performed for each applicable requirement under subsections (f), (h) and (j).
(6) The name and identification number only for each resin used in accordance with subsection (j)(1). The records specified in paragraphs (1)—(5) do not apply to resins used in accordance with subsection (j)(1).
(7) The name, identification number and VOC content or composite vapor pressure for each cleaning solvent used for routine application equipment cleaning.
(8) The information required by the plan approval issued under subsection (g), as applicable.
(9) The results of sampling and testing performed in accordance with subsection (n).
(p) Reporting requirements. The records shall be maintained for 2 years unless a longer period is required by an order issued by the Department or a plan approval or operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources). The records shall be submitted to the Department in an acceptable format upon receipt of a written request.
[Pa.B. Doc. No. 14-1494. Filed for public inspection July 18, 2014, 9:00 a.m.]
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