UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 2771 1



# JUN01 2010

MEMORANDUM OFFICE OF AIR QUALITY PLAN NI NG AND STANDARDS

SUBJECT: Control Technique Guidelines for Miscellaneous Metal and Plastic Part CoatingsIndustry Request for Reconsid**ti~--** FROM: Stephen D. Page, Directb. Office ofAir Quality Pia, TO: Chief, Air Branch Regions I-X The purpose ofthis memorandum is to inform EPA Regional Offices that members ofthe pleasure craft industry have contacted EPA to request changes to the Control Techniques Guidelines (CTG) for Miscellaneous Metal and Plastic Part Coatings (MMPPC) (EPA-453/R-08- 0373). This memorandum serves as a reminder to EPA Regional Offices oftherole that CTG play in the State Implementation Plans (SIP) process for ozone nonattainment areas. CTG provide information and recommendations for state and local air pollution control agencies to consider when developing rules to meet the Clean Air Act's (CAA) reasonably available control technology (RACT) requirements. Specifically, we reiterate that the information contained in CTG, including the MMPPC CTG, is provided only as guidance. The CTG do not impose any legally binding requirements on any entity

. State and local air pollution control agencies are free to implement other technically-sound approaches that are consistent with the CAA and EPA's implementing regulations. Therefore, EPA does not intend to revise the MMPPC CTG. Instead, EPA is recommending that the pleasure craft industry work together with state agencies in the RACT rule development process for MMPPC to assess what is reasonable for the specific sources regulated under each state's rules

. EPA will evaluate the state-developed RACT rules and determine through notice and commentrulemaking in the SIP approval process, whether the submitted rules meet the RACT requirements ofthe CAA and EPA's regulations. BACKGROUND The MMPPC CTG were published on October 7, 2008 (73 FR 58486). On September 14, 2009, EPA was contacted bythe pleasure craft industry with a request for EPA to reconsider some ofthe emission limits for volatile organic compounds (VOC) recommended in the MMPPC CTG. In its letter to EPA, industry asserted thatthree ofthe emission limits for VOC, recommended in the MMPPC CTG for pleasure craft, were too low considering the performance requirements of pleasure craft coatings, and that overall, the VOC emission limits recommended in the MMPPC

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CTG did not represent RACT for the national pleasure craft coatings industry. To get further clarification ofthe issues, EPA held an industry conference call and spoke with individual industry members on several other occasions. The pleasure craft industry presented whatthey deemed to be technological and feasibility challenges to meeting the VOC emission limits recommended in the MMPPC CTG. Table 2 ofthe MMPPC CTGrecommends the following VOC content limits (expressed in terms ofmass ofVOC per volume ofcoating, excluding water and exempt compounds, as applied) for surface coating ofpleasure craft:

T bl 2 

### PI

a e 

# . easure C ft S f C f VOC C t t L' "t ra ur ace oa**m~** on en Iml S

- - --- -·· ··- · 

### kg VOC/Iiter lhs VOC/gal**(Qa~i~g C~t~9ry** ____ _ ______ ···-- . ·· -- . ·- --- - ··------- -- - - ·- . . - 

### -**~()~-i~ g**  

### - ..:...**co~lting** Extreme High Gloss Topcoat 0.49 4.1 High Gloss Topcoat 0.42 3.5 Pretreatment Wash Primers 0.78 6.5 Finish Primer/Surfacer 0.42 3.5 High Build Primer Surfacer 0.34 2.8 Aluminum Substrate Antifoulant Coating 0.56 4.7 Other Substrate Antifoulant Coating 0.33 2.8 All otherpleasure craft surface coatings for metal 0.42 3.5 or plastic Also, the MMPPC CTGprovide an optionto meet alternate emission rate limits based on lowVOC coatings and add-on controls. Table 10 oftheMMPPC CTG recommends the following emission rate limits for pleasure craft operations:

Table 10. Pleasure Craft Surface Coating VOC Emission Rate Limits (VOC per Volume Solids) kg VOC/liter lbs VOC/gal Coating 

### Categ()ry

_ --·- ·-·· 

### soUd$

-· solids Extreme High Gloss Topcoat 1,10 9.2 High Gloss Topcoat 0.80 6.7 Pretreatment Wash Primers 6.67 55.6 Finish Primer/Surfacer 0.80 6.7 High Build Primer Surfacer 0.55 4.6 Aluminum Substrate Antifoulant Coating 1.53 12.8 Other Substrate Antifoulant Coating 0.53 4.4 All other pleasure craft surface coatings for metal 0.80 6.7 or plastic
The three pleasure craft categories that industry requested EPA to reconsider were extreme gloss, high gloss and antifoulant coatings. Industry urged EPA to revise the MMPPC CTG to include an averaging approach as a compliance optionto allowpleasure craft coating facilities to use a combination ofhigh and low VOC-containing products as long as the average value was kept3

below a level specified by EPA. In summary, the pleasure craft industry suggested that the CTG be revised to include (one or all of) the following measures: 1, Regulate VOC emissions from facilities using pleasure craft coatings by including an averaging approach as a compliance option. Ifthis is not deemed possible, then points 2 and 3 should apply.
2. Amend the MMPPC CTG "Finish Primer/Surfacer" VOC limit from 420g/L to 600g/L for a four-year interim period to allow coating manufacturers and users sufficienttime to develop and implement compliant coatings.
3. Make permanent changes to the MMPPC CTG with immediate and permanent effects, as follows:

• Add an**addi~ional** specialty category of"Antifouling Sealer/Tie Coat" with VOC limit of420g/L to align the MMPPC CTG with the International Maritime Organization's International Convention onthe Control ofHarmful Antifouling Systems on Ships; • Change the VOC emission limits in the category, "Other Substrate Antifoulant Coating" from 330g/L to 400g!L; · • Change the VOC emission limits in the category, "Extreme High Gloss" from 420 g/L to 600 giL, reflecting the very specialized nature ofthe coatings in this category; and • Revise the coating category definition of"Extreme High Gloss Topcoat" to read: "Extreme high gloss coatingmeans any coatingwhich achievesgreaterthan 90percent reflectance on a 60° meter when testedbyASTMMethodD 523-89. "
4. Make the provisions and VOC limits in the pleasure craft categories ofthe MMPPC CTG consistent with the requirements ofthe planned revision to the Shipbuilding MACT Standard. OAQPS RECOMMENDATION After careful evaluation ofthe issues raised by the pleasure craft industry, OAQPS is recommending thatthe pleasure craft industry work with state agencies during their RACT rule developmentprocess to assess what is reasonable for the specific sources regulated because the CTG impose no legally binding requirements on any entity, including pleasure craft coating facilities. CAA Section 172(c)(1) provides that SIPs for nonattainment areas must include "reasonably available control measures" (RACM), including RACT, for sources ofemissions. Section 182(b)(2)(A) provides that for certain nonattainment areas, states mustrevise their SIPs to include RACT for each category ofVOC sources covered by a CTG document issued between November 15, 1990, and the date ofattainment. The CTG are intended to provide state and local air pollution control authorities with informationto assist them in determining RACT for VOC.**Bas~d** on available information and data, EPA has provided recommendations for RACT for MMPPC operations, including pleasure craft coating operations, in the MMPPC CTG. States can use the recommendations from the MMPPC CTG to inform their own determination as to what constitutes RACT for VOC for pleasure craft coating operations in theirparticular ozone nonattainment areas.4

Regardless ofwhether a state chooses to implement the recommendations contained in the MMPPC CTG through state rules, orto issue state rules that adopt different approaches, states must submit their RACTrules to EPA for review and approval as part ofthe SIP process. EPA will evaluate the state's RACT rules and determine, through notice and commentrulemaking in the SIP approval process, whether the submitted rules meet the RACT requirements ofthe CAA and EPA's regulations. Ifa state proposes to adopt any ofthe recommendations in the MMPPC CTG into its state RACT rules, interested parties can comment on and raise objections about the application ofany specific RACT recommendation in the MMPPC CTGto a particular situation during the development ofthe state rules and EPA's SIP approval process. Should you have further questions, please contact Kaye Whitfield ofmy staffat 919-541- 2509 or whitfield.kaye@epa.gov,5

OAR-I0-000-7927 OAQPS/SPPD/NRCG:KWhitfield/jrogers(x14487):RTP

### IE143- 03/04231O/F:JRoger08/KWhitfield/ OARl00007927MMPPC Response Steve Page- Kaye

.. 20MaylO.doc Coordinated with AQPD.