UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX AIR DIVISION

Technical Support Document for EPA’s Direct Final Rulemaking for the California State Implementation Plan

Ventura County Air Pollution Control Distri ct, Rule 74.24 Marine Coating Operations

Prepared by Nancy Levin, April 14, 20141 RULE IDENTIFICATION

Agency: Ventura County Air Pollution Control District (VCAP CD)

SIP-Approved Rule: Rule 74.24, Marine Coating Operatio ns; Adopted – 3/8/1994; Revised 9/10/1996, 11/11/2003; Submitted – 4/26/05; Approved – 10/25/2005 (70 FR 61561).

Subject of this TSD: Rule 74.24, Marine Coating Operations; Amended – 9/11/12; Submitted – 4/22/13.

RULE SUMMARY - Rule 74.24 establishes reactive organic compound (ROC) limits for application, use, and supply of coatings for mari ne and fresh water vessels, drilling vessels, and navigational aids, and their part s or components, including any parts subjected to unprotected shipboard conditions. It also includes requireme nts for add-on control equipment, surface preparation and cleanup solvents, re cordkeeping, and test methods.

Changes from the approved SIP rule include the following:

1. Sections B.1 and B.2 – Added provision for low-solid coatings to be expressed on a “gram per liter of material” ba sis. Changed “VOC” to “ROC.” 2. Section B.3 – Deleted provisions 3.b, 3.c, 3.d regarding monitoring combustion temperature, inlet and exhaust gas temperat ure, and control device efficiency to be consistent with 74.12. 3. Section B.4 – Added “Cleanup” prior to the word “Solvent” to be cons istent with 74.12. 4. Section B.4 – Effective December 1, 2012, pr ohibited use of ROC-containing materials for cleanup or for spray equipment cleaning un less the ROC content is 25 grams per liter (g/l) of material or less. 5. Section B.4 – Effective December 1, 2012, pr ohibited use of ROC-containing materials for substrate surface cleaning prior to coating that have more than 25 grams of ROC per liter of material. 6. Section B.5 – Text changed to ma ke consistent with Rule 74.12. 7. Section B.7 – Added provisi on for low-solids coatings. 8. Section B.8 – Added “or VOC” to text. 9. Section C.5. – Deleted exemption fo r cleaning solvent in Section B.4.b. 10. Section D – Text changed for vari ous recordkeeping provisions. 11. Section E – Various te st methods updated. 12. Section G – Various definitions updated. Defi nitions added for “Capture Efficiency,” “High Gloss Coating,” and “Low-Solids Coatings.”

RULE EVALUATION CRITERIA - We primarily used the following criteria to evaluate the submitted rule:

1. Enforceability – Section 110(a)(2)(A) of the Clean Air Act (CAA) requires that regulations submitted to EPA for incorporati on into the SIP must be clear and legally2 enforceable. The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidance Document for Correcting Comm on VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to he lp evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.

2. Stringency – CAA section 172(c )(1) specifies that SIPs fo r nonattainment areas must include reasonably available control tec hnology (RACT) for sources of emissions. Section 182(b)(2) specifically provides that for nonattainment areas classified as moderate or worse, states mu st revise their SIP to incl ude RACT for sources of VOC emissions covered by a Control Techniques Guidelines (CTG) document issued after November 15, 1990 and prior to the area’s date of attainment.

3. Non-interference – CAA §110(l) prohibits EP A from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any othe r applicable requireme nt of the CAA.
The VCAPCD regulates an area that is classified as nona ttainment (serious ) for the 1997 and 2008 8-hour Ozone standards. Thus, submitted Ru le 74.24 has to fulfill RA CT requirements. 40 C.F.R. § 81.305 (2010).

We used EPA’s Control Technique s Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating), 61 FR 44050 (Tuesday, August 27, 1996) (“Shipbuilding CTG”) and 40 CFR Part 63, Subpart II - Vo latile Organic HAP (VOHAP) Li mits for Marine Coatings (“Shipbuilding NESHAP”) to evaluate this rule. In addition, we reviewed other state and local rules for this source category, including Bay Area Air Quality Management District (BAAQMD) Rule 8.43 -- Surface Preparation and Coating of Marine Vessels; South Coast Air Quality Management District (SCAQMD) Rule 1106 -- Marine Coating Operations; and San Diego County Air Pollution Control District (SDCAP CD) Rule 67.18 -- Marine Coating Operations.

RULE EVALUATION

1. Enforceability – The recordkeeping requirements, test methods, and other requirements generally ensure that the submitted rule ca n be enforced. Therefore, we believe that submitted Rule 74.24 is suffici ently clear and enforceable.

2. Stringency – The rule is generally consistent with the limits and standards described in the Shipbuilding CTG, Shipbuilding NESHAP, and other state and local rules for this source category. However, based on our review, we believe Rule 74.24 could be further strengthened. Please see “Additional Recommendations” for details.

3. Non-interference – Partly because of the reduced limits for clean-up solvents, we believe the submitted rule is more stringent than the version previously approved into the SIP, and, therefore, this rule would not interfere with any applicable requirement concerning attainment and reasonable furthe r progress (RFP) or any other applicable requirement of the CAA.3 RULE DEFICIENCIES – We have not identified deficiencies in submitted Rule 74.24 sufficient for EPA to propose less than full approval.

ADDITIONAL RECOMMENDATIONS FO R THE NEXT RULE REVISION – The following revisions are not currently the basis fo r rule disapproval, but are recommended for the next time the rule is amended.

Lower coating limits

1. Antifoulant Coatings (Aluminum Substr ates) – 400 g/l (SC 1106, BA 8.43)

2. High Gloss Coatings (Air Dried) – 340 g/l (SC 1106, BA 8.43)

3. High Gloss Coatings (Baked) –275 g/l (SC 1106, BA 8.43)

4. Pretreatment Wash Primer – 420 g/l (BA 8.43, SD 67.18)

5. Underwater Weapons Systems (Bak ed) –275 g/l (SC 1106, BA 8.43, SD 67.18)

Add or clarify VOC categor ies and coating limits

The VOC limit table of Rule 74.24 does not include the following specialty coating categories that are provided in the Shipbuilding CTG: Mist; Nonskid; Nucl ear; and Weld-through preconstruction primer. Rule 74.24 should be update d to include these ca tegories and limits to meet current RACT levels the next time the rule is amended.

Add definitions Define “Key System Operating and Maintenance procedures,” as used in paragraph D.1.d., and include specific example pro cedures in the definition.

Clarify or revise exemptions
Rule 74.24 allows an exemption when “No complying coating or adhesive is available,” which is not provided for in the CTG. Please clarify the criteria the District uses to make this determination (e.g., not available within the District v. not sold in the U.S.).

Retain deleted sections 3.b, 3.c, and 3.d regardi ng continuous monitoring of add-on control equipment

The revised rule deletes former sections B.3. b, c, and d. regarding continuous monitoring of combustion temperature, inlet and exhaust gas temperature, and cont rol device efficiency of addon control equipment. While the District indicates that it has “no sources currently using control equipment,” 1 and that if a source were to construct a control device, it woul d be subject to an Authority to Construct/Permit to Operate that requires monitoring of key operating parameters, 2

1 See VC 74.24 Strikeout version, October 29, 2012.

2 See Email from Stan Cowen, VCAPCD to Nancy Levin, EPA, Re: Rule 74.24 questions, April 14, 2014.4 we recommend that the District re tain these sections in the even t that sources choose to operate emission control devices in the future. We note th at the Rule currently contains recordkeeping requirements for emission control devices.

EPA ACTION - EPA staff recommends approval of Rule 74.24 pursuant to CAA §110(k) (4) and §301(a).

REFERENCES

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988. (http://www.epa.gov/ttn/naaqs/ozon e/ozonetech/voc_bluebook.pdf). 2. “Guidance Document for Corre cting Common VOC & Other Ru le Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001. (http://www.epa.gov/region09/ai r/sips/littlebluebook2001.pdf) 3. State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 4. Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating), EPA, 61 FR 44050 (Tuesday, Augus t 27, 1996). 5. 40 CFR Part 63, Subpart II - Volatile Organic HAP (VOHA P) Limits for Marine Coatings. 6. VCAPCD Rule 74.24 Marine Coatings Operations, 70 FR 61561 (10/25/2005). 7. BAAQMD Rule 8.43 Surface Preparation and Coating of Marine Vessels, 68 FR 61753 (October 30, 2003). 8. SCAQMD Rule 1106 Marine Coating Op erations, 60 FR 36227 (July 14, 1995). 9. SDCAPCD Rule 67.18 Marine Coating Op erations, 62 FR 14639 (March 27, 1997).