# RULES AND REGULATIONS

**Title 25—ENVIRONMENTAL PROTECTION** 

**ENVIRONMENTAL QUALITY BOARD [ 25 PA. CODE CH. 129 ]**  **Control of Volatile Organic Compound Emissions**

**from Fiberglass Boat Manufacturing Materials**

The Environmental Quality Board (Board) amends Chapter 129 (relating to standards for sources) to read as set forth in Annex A. This final-form rulemaking adds § 129.74 (relating to control of VOC emissions fromfiberglass boat manufacturing materials) to adopt reasonably available control technology (RACT) requirements and RACT emission limitations for stationary sources ofvolatile organic compound (VOC) emissions from fiberglass boat manufacturing materials including open molding resins, gel coats and cleaning materials. This finalform rulemaking also adds terms and definitions to § 129.74 to support the interpretation of the measures.

This final-form 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 this final-form rulemaking.

This order was adopted by the Board at its meeting of May 20, 2015.

A. Effective Date

This final-form rulemaking will be effective upon 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. Persons with a disability may use the Pennsylvania AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This final-form rulemaking is available onthe Department of Environmental Protection’s (Department) web site at www.dep.pa.gov (select ‘‘Public Participation,’’ then select ‘‘Environmental Quality Board (EQB)’’).

C. Statutory Authority

This final-form 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 Summary

The purpose of this final-form 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 emitteddirectly 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 (NO

x ) 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 final-form rulemaking establishes VOC emission limitations and other requirements consistent with the recommendations 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; NO

x ; 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 atsufficiently high concentrations can produce a wide variety of harmful effects. At elevated concentrations, groundlevel ozone can adversely affect human health, animalhealth, vegetation, materials, economic values, and personal comfort and well-being. It can cause damage toimportant 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 andin 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) (84 parts per billion (ppb)) 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. See 69 FR 23858, 23931 (April 30, 2004). Based on the ambient air monitoring data for the 2014 ozone 

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**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**season as well as the preliminary 2015 ozone season data, all monitored areas of this Commonwealth are attaining the 1997 8-hour ozone NAAQS. Maintenance plans have been submitted to the EPA and approved for the 1997ozone standard. In accordance with the CAA, the maintenance plans include permanent and enforceable control measures that will provide for the maintenance of the ozone NAAQS for at least 10 years following the EPA’s redesignation of the areas to attainment. Eight yearsafter the EPA redesignates an area to attainment, additional maintenance plans approved by the EPA must also provide for the maintenance of the ozone standard for another 10 years following the expiration of the initial 10-year period.

In March 2008, the EPA lowered the ozone standard to 0.075 ppm (75 ppb) 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. With regard to the 2008 ozone standard, the Department’s analysis of 2014 ambient air ozone concentrations showed that all ozone samplers in thisCommonwealth, except the Harrison sampler in Allegheny County, were monitoring attainment. The 2015 ambient ozone air monitoring data for Allegheny County has been certified and shows that the Harrison sampler is monitoring attainment of the 2008 ozone NAAQS. Review of the preliminary 2015 ozone season data indicates that all other areas of this Commonwealth are monitoring attainment of the 2008 ozone standard as well. As with the 1997 ozone standard, the Department must ensure that the 2008 ozone standard is attained and maintainedby implementing permanent and enforceable control measures. At the Department’s request, the EPA granted 1-year attainment date extensions for the 2008 ozone NAAQS in the Philadelphia and Pittsburgh-Beaver Valley Areas due to violating monitors in New Jersey and Maryland.

On October 1, 2015, the EPA again lowered the ozone standard, this time to 70 ppb averaged over 8 hours. See 80 FR 65292 (October 26, 2015). Based on preliminary ambient air monitoring data for the 2013-2015 ozone seasons, eight monitors in this Commonwealth havedesign values that violate the 2015 standard. The samplers are located in Allegheny, Armstrong, Bucks, Delaware, Indiana, Lebanon, Montgomery and Philadelphia Counties. The Commonwealth must submit designation recommendations for the 2015 ozone NAAQS to the EPAby October 2016. The EPA’s final designations for attainment and nonattainment areas for the 2015 ozone standards are expected to take effect in December 2017.

Reductions in VOC emissions that are achieved following the adoption and implementation of VOC RACT emission control measures for source categories coveredby CTGs, including fiberglass boats manufacturing materials, will allow the Commonwealth to make substantial progress in achieving and maintaining the 1997 and 20088-hour ozone NAAQS; these reductions will also be necessary for the attainment and maintenance of the new ozone NAAQS promulgated by the EPA in October 2015.

This final-form rulemaking, which is consistent with the RACT recommendations in the EPA’s 2008 Fiberglass Boat Manufacturing Materials CTG, will reduce VOCemissions from the fiberglass boats manufacturing materials category in ozone nonattainment and maintenance areas in this Commonwealth for those affected sources that do not already comply with the control measures.These final-form VOC emission reduction control measures will assist the Commonwealth in achieving and maintaining the ozone standards Statewide.

There are not Federal statutory or regulatory RACTlimits 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 NESHAPestablished organic hazardous air pollutant (HAP) emissions limits based on low HAP-content resins and gel coats and low-emitting resin application technology. Many HAPs are also 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 asHAP emissions, from fiberglass boat manufacturing facilities. Therefore, total HAP and VOC emissions from fiberglass boat manufacturing facilities are nearly equal.

When developing the recommendations for the VOCemission 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’’ isconsidered 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 as an amendment to the Commonwealth’s SIP 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 theapplication 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 forNonattainment 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 availablecontrol measures,’’ including RACT, for sources of emissions of VOC and NO

x . 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 a SIP revision requiring implementation of RACT for all sources of VOC emissions in the state covered by a specific CTG. 

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**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**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 materials 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/ozone pollution/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 Nationalregulations 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 theCAA requirements and the EPA’s implementing regulations or guidelines. The Department reviewed the RACT recommendations included in the 2008 Fiberglass Boat Manufacturing Materials CTG for their applicability to the ground-level ozone reduction measures necessary forthis 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.

At this time, this final-form rulemaking affects no known permitted facility owners and operators in this Commonwealth. The Department’s assessment of how many owners and operators of facilities would be subject to this final-form rulemaking revealed the owner and operator of one facility in this Commonwealth as having a Title V permit issued by the Department that includedprovisions for the control of HAP emissions from fiberglass boat manufacturing. That facility, VEC Technology, LLC, has since ceased operations. It is possible that the final-form rulemaking may affect owners and operators of fiberglass boat manufacturing facilities that have not yet been identified, as the 2001 NESHAP does not apply to area sources (that is, sources that emit or have the potential to emit, considering controls, less than 10 tpy of any single listed HAP or less than 25 tpy of anycombination of HAPs). Owners and operators of lowerHAP-emitting area source fiberglass boat manufacturingfacilities are, therefore, not currently required to implement the HAP emission-reduction measures provided inthe 2001 NESHAP. These HAP emission-reduction measures are also included in the 2008 Fiberglass Boat Manufacturing Materials CTG as measures for reducingemissions of VOCs from sources that meet the applicability threshold recommended by the EPA in the CTG. Thisfinal-form rulemaking VOC emission applicability threshold of 15 pounds per day or 2.7 tons per 12-month rolling period of total actual VOC emissions is lower than themajor source 2001 NESHAP potential to emit applicability thresholds of 10 tpy of any single listed HAP or 25 tpy of any combination of HAPs. Owners and operators oflower-HAP-emitting area source fiberglass boat manufacturing facilities, would, therefore, not have been issued a permit by the Department incorporating the 2001 NESHAP measures as applicable requirements and would not show up in a search of the permit databases for fiberglass boat manufacturing-permitted facilities. These owners and operators of lower-HAP-emitting area source facilities may, however, have sufficient actual emissions of VOCs to be subject to the requirements of this final-form rulemaking.

The ground-level ozone reduction measures included in this final-form rulemaking may achieve VOC emission reductions locally and may also reduce the transport of VOC emissions and ground-level ozone to downwind states if implemented for potentially unidentified existingsources 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 final-form rulemaking is required under the CAA and, in accordance with section 4.2(a) of the APCA (35 P. S. § 4004.2(a)), 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. Once published as a final-form rulemaking in the Pennsylvania Bulletin , this final-form rulemaking will be submitted to the EPA as a revision to the Commonwealth’s SIP.

The final-form rulemaking was discussed with the AirQuality Technical Advisory Committee (AQTAC) on November 7, 2014. The AQTAC voted 13-0-1 (yes; no; abstain) to concur with the Department’s recommendation to forward the final-form rulemaking to the Board for consideration. The final-form rulemaking was discussed with the Small Business Compliance Advisory Committee (SBCAC) on January 28, 2015. The SBCAC voted 8-0-0 to concur with the Department’s recommendation to forward the final-form rulemaking to the Board. The final-form rulemaking was discussed with the Citizens Advisory Council’s (CAC) Policy and Regulatory Oversight (PRO)Committee on February 20, 2015. Upon the recommendation of the PRO Committee, on March 17, 2015, the CACconcurred with the Department’s recommendation to forward the final-form rulemaking to the Board. The AQTAC, SBCAC and CAC meetings are advertised and open to the public.

E. Summary of Final-Form Rulemaking and Changes

from Proposed to Final-Form Rulemaking

§ 129.74. Control of VOC emissions from fiberglass boat

manufacturing materials

Under subsection (a)(1), the final-form rulemaking applies Statewide to the owner and operator of a facility 

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**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**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 boatparts 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.

Subsection (a)(2) specifies that the final-form rulemaking 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. Subsection (a) alsoestablishes monomer VOC content limits for open molding resin and gel coat materials.

Subsection (b) establishes 39 definitions to support this final-form rulemaking.

Subsection (c) establishes exceptions for certain operating circumstances: when a resin application is used in a closed molding operation; when a surface coating is applied to a fiberglass boat; and when a surface coating is applied to a fiberglass and metal recreational boat.

Subsection (d) specifies that the requirements of § 129.74 supersede the requirements of a RACT permit issued under §§ 129.91—129.95 (relating to stationary sources of NO

x and VOCs) prior to December 19, 2015, to the owner or operator of a source subject to § 129.74, except to the extent the RACT permit contains more stringent requirements.

Subsection (e) establishes a compliance deadline of December 19, 2015.

Subsection (f) establishes that 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. The subsection also provides three options for meeting the emission limits: 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.

There are no changes to subsections (a)—(f) from the proposed rulemaking.

Subsection (g) specifies that 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. To improve clarity, final-form subsection (g) specifies that the owner or operator shall submit an application for a plan approval to the appropriate regional office instead of submitting a plan approval.

Subsection (h) specifies that 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).

Subsection (i) establishes that 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).

Subsection (j) establishes alternative requirements for control of monomer VOC content for certain resin and gel coat materials.

Subsection (k) establishes work practices for resin and gel coat materials.

Subsection (l) establishes VOC content limits and work practices for cleaning materials.

There are no changes to subsections (h)—(l) from the proposed rulemaking.

Subsection (m) establishes compliance and monitoring requirements. Subsection (m)(2) is added to specify that the owner and operator of a facility subject to this sectionshall demonstrate compliance of the monomer VOC content of the resin and gel coat material within 90 days of receipt of a written request from the Department in accordance with subsection (n). Proposed subsection (m)(2) is renumbered as final-form subsection (m)(3). Subsection (m)(4) is added to specify that the owner and operator of a facility subject to this section shall conduct testing of a VOC emissions capture system and add-on airpollution control device installed in accordance with subsection (f)(3) one time every 5 years starting from completion of the initial testing specified in the plan approval application required under subsection (g).

Subsection (n) establishes sampling and testing standards.

Subsection (o) establishes recordkeeping requirements.
Subsection (p) establishes reporting requirements.
There are no changes to subsections (n)—(p) from the proposed rulemaking.

F. Summary of Major Comments and Responses

The Board approved publication of the proposed rulemaking at its meeting on May 21, 2014. The proposed rulemaking was published at 44 Pa.B. 4502 (July 19, 2014). Three public hearings were held on August 19, 20 and 21, 2014, in Pittsburgh, Norristown and Harrisburg, PA, respectively. The public comment period closed on September 22, 2014, for a 66-day public comment period. The Board did not receive any comments from the general public on the proposed rulemaking. The Independent Regulatory Review Commission (IRRC) forwarded to the Board a comment it received from the Pennsylvania State Association of Township Supervisors (PSATS). PSATS stated that the proposed rulemaking would benefitPSATS members by controlling and limiting VOC emissions from the air, but further stated it would not take a position on the proposed rulemaking as it did not impact its members. No changes were made to this final-form rulemaking in response to this comment. 

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**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**IRRC also submitted comments on the proposed rulemaking. IRRC recommended that the Board clarify the requirements in subsection (n) to provide for how often sampling and testing are to be conducted. The Board agreed with the comment. Language clarifying the timing and frequency of testing or sampling was added to final-form subsection (m) to address IRRC’s comment. Compliance of the monomer VOC content of the resin and gel coat materials must be demonstrated within 90 days of receipt of the Department’s written request. Testing of a VOC emissions capture system and add-on air pollution control device must be conducted one time every 5 years starting from completion of the initial testing specified in the plan approval application.

Comments received on the proposed rulemaking and related issues have been addressed in this final-form rulemaking.

G. Benefits, Costs and Compliance
Benefits

Implementation of the VOC emission control measures in the final-form rulemaking will benefit the health and welfare of the approximately 12.7 million residents and the numerous animals, crops, vegetation and natural areas of this Commonwealth by reducing emissions ofVOCs, which are precursors to the formation of groundlevel 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 may 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 healthyindividuals 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 final-form rulemaking is designed to adopt standards and requirements consistent with the recommendations in the 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 final-form rulemaking applies the standards and requirements across this Commonwealth, as required under section 184(b)(1)(B) of the CAA. In accordance with section 4.2 of the APCA, the measures in this final-form rulemaking are reasonably necessary to attain and maintain the health-based and welfare-based 8-hour ozone NAAQS in this Commonwealth.

The Statewide implementation of the final-form rulemaking control measures will assist the Department inreducing 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 and will facilitate implementation and enforcement of the final-form rulemaking in this Commonwealth.

No known permitted facility owners and operators will be affected by this final-form rulemaking. This final-form rulemaking may affect owners and operators of fiberglass boat manufacturing facilities that have not yet been identified, which meet the low VOC emission applicability threshold of at least 15 pounds (6.8 kilograms) per day or 2.7 tons per 12-month rolling period, of actual VOC emissions, before consideration of controls. If there areowners and operators affected by this final-form rulemaking, they may already be using complying materials, which are readily available to the owners and operators of facilities of all sizes, and no further VOC emission reductions would be achieved.

The final-form 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 affected facilities may elect to install and operate an emissions monitoring system or equipment necessary for an emissions monitoring methodto comply with the final-form rulemaking, thereby creating an economic opportunity for the emissions monitoring industry.

Although this final-form rulemaking is designed primarily to reduce ozone precursor emissions, the reformulation of noncomplying open molding resin, gel coat and cleaning materials or substitution of complying open molding resin, gel coat and cleaning materials to meet the VOC content limits applicable to users may also result in reduction of indoor and outdoor HAP emissions, which are also a serious health threat.

Compliance costs

As there are no known permitted facility owners and operators to which this final-form rulemaking currentlyapplies, there are no anticipated compliance costs associated with this final-form rulemaking for any owners and operators of major facilities. It is possible that this final-form rulemaking may affect owners and operators of fiberglass boat manufacturing facilities that have not yet been identified.

The owner and operator of a facility subject to this final-form rulemaking is expected to incur little, if any, cost to implement the requirements of the final-form rulemaking. The final-form 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 2001NESHAP and with the final-form rulemaking VOC content limits in subsection (a) are readily available to the owners and operators of 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 2001NESHAP and which are included in the final-form 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 overconventional atomizing methods. Therefore, the EPA expects that most, if not all, facility owners and operators that are not subject to the 2001 NESHAP would already be using the materials and methods recommended in the 2008 Fiberglass Boat Manufacturing Materials CTG.

This final-form rulemaking provides flexibility by allowing compliance through averaging the VOC emission rates of open molding resin and gel coat materials insubsection (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 

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**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**alternative application methods, compliant materials and methods are generally used to reduce VOC emissions from fiberglass boat manufacturing facilities.

Emission limitations established by this final-form rulemaking do not require the submission of applications foramendments to existing operating permits. These requirements will be incorporated as applicable requirements at the time of permit renewal, if less than 3 years remain in the permit term, as specified under § 127.463(c) (relating to operating permit revisions to incorporate applicable standards). If 3 years or more remain in the permit term,the requirements will be incorporated as applicable requirements in the permit within 18 months of the promulgation of this final-form rulemaking, as required under § 127.463(b). Importantly, § 127.463(e) specifies that ‘‘[r]egardless of whether a revision is required under this section, the permittee shall meet the applicable standards or regulations promulgated under the Clean Air Act within the time frame required by standards orregulations.’’ Consequently, upon promulgation as a finalform rulemaking, the requirements will apply to affected owners and operators irrespective of a modification to the operating permit.

New legal, accounting or consulting procedures are not required. Compliance assistance plan

The Department plans to educate and assist the public and regulated community in understanding the final-form rulemaking requirements and how to comply with them. This will be accomplished through the Department’s ongoing compliance assistance program. The Department will also work with the Pennsylvania Small BusinessDevelopment Center’s Environmental Management Assistance Program to aid the owners and operators of facilities less able to handle permitting matters with in-house staff. Paperwork requirements

The owner and operator of an affected fiberglass boat manufacturing source is required to keep records of information for open molding resin and gel coat materialsand cleaning materials, as applicable, sufficient to demonstrate compliance with the requirements of this section. The final-form rulemaking requires 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) are required, as well as records of the sampling and testing performed in accordance with subsection (n). The owner and operator of an affected fiberglass boat manufacturing source shall demonstrate compliance of the monomer VOC content of resin and gel coat material within 90 days of receipt of a written request from theDepartment. The records required in this final-form rulemaking must be maintained for 2 years unless a longer period is specified by a plan approval or operating permitissued 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.

H. 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 forachieving 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 incorporationof 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 final-form rulemaking will 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 final-form 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 will also benefit water quality through reduced loading on watertreatment plants and in reduced quantities of high VOCcontent and HAP-content solvents leaching into the ground.

The final-form rulemaking provides as one compliance option that open molding resin and gel coat materials used in fiberglass boat manufacturing processes in this Commonwealth 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 final-form rulemaking requires 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 final-form rulemaking additionally requires the useof low VOC-content or low vapor pressure cleaning materials, and work practice standards for the storage and handling of cleaning materials. The final-form rulemaking requires 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.

I. Sunset Review

This final-form rulemaking 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.

J. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), on July 8, 2014, the Department submitted a copy of the notice of proposed rulemaking, published at 44 Pa.B. 4502, to IRRC and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.

Under section 5(c) of the Regulatory Review Act, the Department shall submit to IRRC and the House and Senate Committees copies of comments received during the public comment period, as well as other documents 

### 7132 RULES AND REGULATIONS

**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.

Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 10, 2015, the final-form rulemaking was deemed approved by the House andSenate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 12, 2015, and approved the final-form rulemaking.

K. Findings

The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

(2) At least a 60-day public comment period was provided as required by law and all comments were considered.

(3) This final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 44 Pa.B. 4502.

(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this preamble.

(5) These regulations are reasonably necessary to attain and maintain the ozone NAAQS and to satisfy related CAA requirements.

L. Order

The Board, acting under the authorizing statutes, orders that:

(a) The regulations of the Department, 25 Pa. Code Chapter 129, are amended by adding § 129.74 to read as set forth in Annex A.

(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.

(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Committees as required by the Regulatory Review Act.

(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law. (e) This final-form rulemaking will be submitted to the EPA as an amendment to the Pennsylvania SIP.

(f) This order shall take effect immediately upon publication in the Pennsylvania Bulletin

. JOHN QUIGLEY, Chairperson
(Editor’s Note : For the text of the order of the Independent Regulatory Review Commission relating to this document, see 45 Pa.B. 6862 (November 28, 2015).)

Fiscal Note: Fiscal Note 7-487 remains valid for the final adoption of the subject regulation.

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 fromthe 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 Material Application 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 

### RULES AND REGULATIONS 7133

**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**(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, resintransfer 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 ordeck, 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. 

### 7134 RULES AND REGULATIONS

**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**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 aportion 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 theinterior 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 closedmolding 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 December 19, 2015, under §§ 129.91—129.95 (relating to stationary sources of NO

x and VOCs) to control, reduce or minimize VOCs from a fiberglass boat manufacturing process, except to theextent 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 December 19, 2015.

(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 coatmaterial 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. 

### RULES AND REGULATIONS 7135

**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**(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 specificapplication method on a 12-month rolling weightedaverage 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:

M i = Mass of open molding resin or gel coat i used in the past 12 months in an operation, in megagrams.

VOC i = 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(M R ) + 159(M PG ) + 291(M CG ) + 54(M TR ) + 214(M TG )

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.

M R = Mass of production resin used in the past 12 months, excluding exempt VOC materials, in megagrams.

M PG = Mass of pigmented gel coat used in the past 12 months, excluding exempt VOC materials, in megagrams.

M CG = Mass of clear gel coat used in the past 12 months, excluding exempt VOC materials, in megagrams.

M TR = Mass of tooling resin used in the past 12 months, excluding exempt VOC materials, in megagrams.

M TG = 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 = (PV R )(M R ) + (PV PG )(M PG ) + (PV CG )(M CG ) + (PVTR )(M TR ) + (PVTG )(M TG )

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.

PV R = Weighted-average monomer VOC emission rate for production resin used in the past 12 months, in kilograms

per megagram.

M R = Mass of production resin used in the past 12 months, in megagrams.

PV PG = Weighted-average monomer VOC emission rate for pigmented gel coat used in the past 12 months, in kilograms

per megagram.

M PG = Mass of pigmented gel coat used in the past 12 months, in megagrams. 

### n Σ (M i

### VOC i 

### ) Weighted Average Monomer VOC Content = i=1

n Σ (M i 

### )
i=1 **7136 RULES AND REGULATIONS**

**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**PV CG = Weighted-average monomer VOC emission rate for clear gel coat used in the past 12 months, in kilograms per

megagram.

M CG = 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.

M TR = 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.

M TG = 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:

PV OP = Weighted-average monomer VOC emission rate for each open molding operation (PVR , PV PG , PV CG , PVTR , PVTG ) included in the emissions averaging program, in kilograms of monomer VOC per megagram of material applied.

M i = 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.

PV i = 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. PV i 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 Material Application 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-out 0.01185 x (Resin VOC%) 2.425

Production Resin, Tooling Resin Atomized, plus vacuum bagging without roll-out 0.00945 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-out 0.0110 x (Resin VOC%) 2.275

Production Resin, Tooling Resin Non-atomized, plus vacuum bagging without roll-out 0.0076 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 moldingmonomer 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. 

### RULES AND REGULATIONS 7137

**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**(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 anapplication for a plan approval to the appropriate regional office. The application for a plan approval must beapproved, in writing, by the Department prior to installation and operation of the emissions capture system and add-on air pollution control device. The application for a 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 andtest 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 beimposed 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 resinin each of the emission limit options specified in subsection (f).

(1) If fillers are added to the resin material, theadjusted monomer VOC emission rate of the filled material must be calculated on an as-applied basis as follows:

PV F = PVU x (100

% Filler) 100

Where:

PV F = 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 PV F 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 PV F , calculated as specified in paragraph (1), must be used in place of the value of PV i 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 

### 7138 RULES AND REGULATIONS

**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**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) Demonstrate compliance of the monomer VOC content of the resin and gel coat material within 90 days of receipt of a written request from the Department in accordance with subsection (n).

(3) Equip add-on air pollution control devices with theapplicable 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.

(4) Conduct testing of a VOC emissions capture systemand add-on air pollution control device installed in accordance with subsection (f)(3) one time every 5 years starting from completion of the initial testing specified in the plan approval application required in subsection (g).

(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 inChapter 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 thissection. 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 ofsources). The records shall be submitted to the Department in an acceptable format upon receipt of a written request.

[Pa.B. Doc. No. 15-2215. Filed for public inspection December 18, 2015, 9:00 a.m.]



### BOARD OF COAL MINE SAFETY **[ 25 PA. CODE CH. 208 ]**

**Standards for Surface Facilities**

The Board of Coal Mine Safety (Board) amends Chapter 208 (relating to underground coal mine safety) to read asset forth in Annex A. This final-form rulemaking implements existing Federal regulations, thereby making them independently enforceable by the Commonwealth.

Sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (BCMSA) (52 P. S. §§ 690-106 and 690-106.1)authorize the adoption of regulations for its implementation including additional safety standards. The BCMSA further authorizes the Board to promulgate necessary or appropriate regulations to implement the requirements of the BCMSA and to protect the health, safety and welfare of miners and other individuals in and about mines.

This final-form rulemaking is given under Board order at its meeting of June 23, 2015.

A. Effective Date

This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin

. B. Contact Persons

For further information, contact Colvin Carson, Acting Director, Bureau of Mine Safety, 131 Broadview Road, New Stanton, PA 15672, (724) 404-3154, cocarson@pa.gov; or Joseph Iole, Assistant Counsel, Bureau of Regulatory Counsel, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-9376, jiole@pa.gov.

C. Statutory Authority

This final-form rulemaking is authorized under sections 106 and 106.1 of the BCMSA, which grant the Board the authority to adopt regulations to implement the BCMSAincluding additional safety standards. The Board is further authorized to promulgate regulations that are 

### RULES AND REGULATIONS 7139

**PENNSYLVANIA BULLETIN, VOL. 45, NO. 51, DECEMBER 19, 2015**