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 from

fiberglass boat manufacturing materials) to adopt reasonably available control technology (RACT) requirements

and RACT emission limitations for stationary sources of

volatile 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 on

the 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 emitted

directly 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 (NOx) 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; NOx;

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 at

sufficiently high concentrations can produce a wide variety of harmful effects. At elevated concentrations, groundlevel ozone can adversely affect human health, animal

health, vegetation, materials, economic values, and personal comfort and well-being. It can cause damage to

important 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 and

in 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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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 1997

ozone 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 years

after 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 this

Commonwealth, 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 maintained

by 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 have

design 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 EPA

by 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 covered

by CTGs, including fiberglass boats manufacturing materials, will allow the Commonwealth to make substantial

progress in achieving and maintaining the 1997 and 2008

8-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 VOC

emissions 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 RACT

limits 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 NESHAP

established 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 as

HAP 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 VOC

emission 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’’ is

considered 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 the

application 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 for

Nonattainment 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 available

control measures,’’ including RACT, for sources of emissions of VOC and NOx. 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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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 National

regulations 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 the

CAA 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 for

this 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 included

provisions 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 any

combination of HAPs). Owners and operators of lowerHAP-emitting area source fiberglass boat manufacturing

facilities are, therefore, not currently required to implement the HAP emission-reduction measures provided in

the 2001 NESHAP. These HAP emission-reduction measures are also included in the 2008 Fiberglass Boat

Manufacturing Materials CTG as measures for reducing

emissions of VOCs from sources that meet the applicability threshold recommended by the EPA in the CTG. This

final-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 the

major 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 of

lower-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 existing

sources 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 Air

Quality 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 CAC

concurred 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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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 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) also

establishes 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 NOx 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 section

shall 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 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 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 benefit

PSATS 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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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 of

VOCs, 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 healthy

individuals 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 in

reducing 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 are

owners 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 method

to 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 currently

applies, 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 2001

NESHAP 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 2001

NESHAP 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 over

conventional 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 in

subsection (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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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 for

amendments 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 or

regulations.’’ 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 Business

Development 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 materials

and 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 the

Department. 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 permit

issued 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 for

achieving 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 incorporation

of 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 water

treatment 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 use

of 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 (71

P. 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

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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 and

Senate 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 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.

(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

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(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, resin

transfer 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 or

deck, 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.

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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 a

portion 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 the

interior 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 closed

molding 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 NOx

and VOCs) to control, reduce or minimize VOCs from a

fiberglass boat manufacturing process, except to the

extent 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 coat

material 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.

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(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 specific

application 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:

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

VOCi = 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(MR) + 159(MPG) + 291(MCG) + 54(MTR) + 214(MTG)

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.

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

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

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

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

MTG = 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 = (PVR)(MR) + (PVPG)(MPG) + (PVCG)(MCG) + (PVTR)(MTR) + (PVTG)(MTG)

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.

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

per megagram.

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

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

per megagram.

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

 n 

 Σ (MiVOCi) 

Weighted Average Monomer VOC Content = i=1 

 n 

 Σ (Mi) 

 i=1 

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PVCG = Weighted-average monomer VOC emission rate for clear gel coat used in the past 12 months, in kilograms per

megagram.

MCG = 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.

MTR = 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.

MTG = 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:

PVOP = Weighted-average monomer VOC emission rate for each open molding operation (PVR, PVPG, PVCG, PVTR,

PVTG) included in the emissions averaging program, in kilograms of monomer VOC per megagram of material applied.

Mi = 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.

PVi = 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. PVi 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 molding

monomer 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.

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(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 an

application for a plan approval to the appropriate regional office. The application for a plan approval must be

approved, 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 and

test 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 be

imposed 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 resin

in each of the emission limit options specified in subsection (f).

(1) If fillers are added to the resin material, the

adjusted monomer VOC emission rate of the filled material must be calculated on an as-applied basis as follows:

PVF = PVU x (100 % Filler)

100

Where:

PVF = 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 PVF 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 PVF, calculated as specified in paragraph (1), must be used in place of the value of PVi 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

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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 the

applicable 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 system

and 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 in

Chapter 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 this

section. 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 of

sources). 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 as

set 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 BCMSA

including additional safety standards. The Board is further authorized to promulgate regulations that are

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