Tony Rice \<Tony@icomia.com\>

01/29/2007 04:55 AM

To

Group A-AND-R-DOCKET@EPA, Mohamed Serageldin/RTP/USEPA/US@EPA

cc

jmcknight@nmma.org, \"Hunter, Julian\"

\<Julian.Hunter@internationalpaint.com\>, SYBAss \<info@sybass.org\>

bcc

Subject

Comment on EPA-HQ-OAR-2004/0357 (Legacy No. A-92-11)

See attached letter

# ![](media/image1.png){width="2.229861111111111in" height="2.297222222222222in"} International Council of Marine Industry Associations

> Brigande Pironlaan 132, B-1080 Brussels, Belgium
>
> Please address all correspondence to London Office:
>
> Marine House, Thorpe Lea Road, Tel: +44 (0) 1784 223700
>
> Egham, Surrey TW20 8BF Fax: +44 (0) 1784 223705
>
> United Kingdom Email: info@icomia.com
>
> Docket ID No. EPA-HQ-OAR-2004-0357
>
> Legacy Number A-92-11
>
> US Environmental Protection Agency
>
> Mail Code 6102T
>
> 1200 Pennsylvania Avenue NW
>
> Washington DC 20460
>
> London, January 29, 2007
>
> Adverse Comments Concerning \`Final Rule\`
>
> Docket ID No. EPA-HQ-OAR-2004/0357 (Legacy No. A-92-11)
>
> National Emission Standards for Hazardous Air Pollutants (NESHAP)
>
> Shipbuilding and Ship Repair (Surface Coatings) Operations
>
> Dear Sir/Madam
>
> ICOMIA (The International Council of Marine Industry Associations) and
> in coordination with her US member, the National Marine Manufacturers
> Association submits the following Adverse Comments on Docket ID No.
> EPA-HQ-OAR-2004/0357 (Legacy No. A-92-11). We wish the final rule
> should not cover recreational craft and that EPA discuss the issue
> further with industry to achieve a satisfactory result for their
> desired outcome.
>
> Super yachts are usually defined as recreational vessels from 24m to
> 500 tonnes, registered either for private use or charter. The super
> yacht-building sector is enjoying a growth rate of 61% since 2003. In
> addition there are today around 10,000 yachts in the world which
> represent a large market for refit, repair and maintenance services
> provided by high quality companies in the International and US
> recreational marine sector. Yards building and refitting these yachts
> in Europe and the USA differentiate from their rivals in China,
> Russia, Turkey, or Croatia from the quality of their finish. ICOMIA,
> which represents the International recreational marine industry is
> concerned that the obligations of this new EPA rule will prevent the
> super -- mega yacht builders and refit companies from maintaining this
> differentiation. Clients would then place their orders outside the US
> for obtaining the required finish and quality. This will have a direct
> impact on employment in this industry and therefore on the US
> businesses and their workforce.
>
> Owners of super and mega yachts demand the highest quality of finish
> in their coatings, which requires maintaining the highest quality and
> the highest level of innovation in the technologies and paint systems
> used for these yachts. Complying with high environmental standards is
> not questioned by ICOMIA and the International recreational marine
> industry. On the contrary, ICOMIA proposes to implement environmental
> rules to her industry based on the demands of technically high quality
> standards of the products and with the view of reducing and lowering
> solvent emissions. For example in Europe we have proposed successfully
> the use of averaging allowing low solvent finishes to be used where
> possible but reserving the right to use high solvent finishes in those
> critical areas demanded by the owners. , The highest quality of the
> super and mega yachts demands a different application to those applied
> to commercial ships. Besides differences in quality of finishing the
> application there is also a differences in the application method
> between commercial ships and super and mega yachts. This demands
> different types and quantity of HAPS and or VOC´s/Solvents compared to
> coatings applied to commercial ships. ICOMIA who compared the proposed
> amendments of December 29^th^ 2006 to the intent of the 1995 rule,
> noticed it also was stated in 40 CFR Part 63, Federal register Vol 60,
> No 241, 1995, page 64333) that **\`**the standards apply only for
> [those coatings (and solvents]{.underline}) used on commercial and
> military ships **...**\`.and the EPA did not intend to include
> coatings used on pleasure crafts in these standards. Therefore surface
> coatings standards for larger/super yachts (recreational crafts/boats)
> whether constructed in FRP, steel, aluminium or wood needs to
> regulated under the Boat Manufacturing NESHAP.
>
> Today, we unable to achieve the quality of finishes demanded within
> the EPA's proposal. It is
>
> not technologically or economically feasible to reformulate test and
> validate alternative paints and coatings for our industry that would
> be compliant by the compliance date of December 31, 2007. They do not
> exist now and cannot be developed and produced in such a short time
> period. This will create chaos in this multi-billion dollar industry.
> But be assured that our paint companies are working hard to develop
> low solvent paints while achieving the same quality and durable
> finish.\
> \
> ICOMIA is underlining the three concerns of the NNMA

1.  *EPA adheres to the requirements defined in Section 112 (d) (3) of
    the CAAA of 1990 and properly identifies, defines and surveys
    recreational boats of 20 meters and greater, so that a MACT floor
    can be determined.*

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1.  *The surface coating standard for recreational boats over 20 meters
    is included in the boat manufacturing NESHAP.*

2.  *Allow boat builders sufficient time for the implementation of any
    new surface coating standard.*

> ICOMIA and NMMA wish to continue to work with EPA in development of
> any rule that affects marine paints and coatings for the recreational
> marine industry. We would be content to share our recent experience in
> collecting and evaluating solvent emissions from super yacht yards in
> Europe, which was carried out to assist our work with the European
> Commission (DG Environment) on their Volatile Organic Compounds
> Directive. We hope you will take serious note of this industry\'s
> objections and withdraw this proposal pending further discussions with
> this industry.
>
> Yours faithfully
>
> **Tony Rice**
>
> AJ Rice
>
> Secretary General
>
> CC NMMA -- John McKnight
>
> For information regarding solvents and marine coatings please contact
> ICOMIA Environment Executive, Albert C. Willemsen, 0031 6 21893603 or
> by Email <awbbv@vodafone.nl> or
> [albertw@icomia.com](mailto:albert.w@icomia.com)