Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules 31885 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0189; FRL–9946–61– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Volatile 

Organic Compound Emissions From 

Fiberglass Boat Manufacturing 

Materials 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Pennsylvania state 

implementation plan (SIP) submitted by 

the Commonwealth of Pennsylvania. 

This SIP revision pertains to 

Pennsylvania’s regulation for fiberglass 

boat manufacturing materials found in 

section 129.74 of the Pennsylvania 

Code. This regulation meets the 

requirement to adopt reasonably 

available control technology (RACT) for 

sources covered by EPA’s control 

techniques guidelines (CTG) standards 

for fiberglass boat manufacturing 

materials. EPA is, therefore, proposing 

approval of the revision to the 

Pennsylvania SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before June 20, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2016–0189 at http://

www.regulations.gov, or via email to 

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 

http://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. 

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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

Materials Application method 

Individual 

monomer VOC 

content or 

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. 

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Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules 31887 

1CSAPR requires substantial reductions of SO2

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. 

2Thus, after December 31, 2014, CAIR was 

replaced by CSAPR and was a defunct, moot CAA 

program no longer implemented by EPA. 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: 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 

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 http://

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 

http://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. 

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 

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