STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

PAUL R. LEPAGE 

GOVERNOR 

July 1, 2014 

David Conroy, Chief 

Air Programs Branch 

U.S. EPA Region I-NE 

5 Post Office Square 

Mail Code: OEP 05-2 

Boston, Ma. 02109-3912 

Dear Mr. Conroy: 

PATRICIA W. AHO 

COMMISSIONER 

Enclosed please fmd for your approval and inclusion into Maine's State hnplementation Plan (SIP), the 

recently adopted Chapter 162 Control for Fiberglass Boat Manufactoring Materials rule. This new rule 

limits the emissions of volatile organic compounds (VOC) from fiberglass boatbuilding operations during 

the manufacture and repair of fiberglass boats. These rules were adopted pursuant to Section 184 of the 

federal Clean Air Act, which requires states to implement or update reasonably available control 

technology (RACT) controls on all major emission sources, and on source categories covered by a 

Control Technique Guideline (CTG) document. 

A public hearing was held on April2, 2013, in accordance with federal and state administrative 

requirements. Public notice ofthe hearing was published in the Kennebec Journal on March 2, 2013 and 

in newspapers statewide on March 13, 2013. On July 19, 2013, the Commissioner of the Department of 

Environmental Protection adopted Chapter 162. 

The following administrative materials are enclosed: 

1. Copy of the public notice that appeared on March 2, 2013 in the Kennebec Journal; 

2. Copy ofletter from U.S. EPA dated March 27, 2013 indicating that the proposal is consistent with 

EPA's "Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials" (there were no 

other comments); 

2. The Department's Chapter 162 Control for Fiberglass Boat Manufacturing Materials rule; and 

3. MAPA I form for Chapter 161 providing certification that the Connuissioner of the Department of 

Environmental Protection lawfully adopted this rule on July 19, 2013, and certification that the 

Attorney General approved the rule as to form and legality. 

The Department is also submitting exact electronic copies (pdf) of all enclosed materials. Should you 

have any questions, please contact Jeffrey Crawford at (207) 287- 7647. 

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Letter to David Conroy 

711/14 

Page 2 of2 

Marc A. R. Cone, Director 

Bureau of Air Quality 

Enclosures 

cc: Anne Arnold, EPA 

Anne McWilliams, EPA 

Patricia Aho w I o encl 

Jeff Crawford w/o encl 

SIP file 

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ouncil 

~eting 

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ford 

of Enviotection 

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·awford@ 

Maine's existing statutory 

conflict of interest provisions governing Board of 

Environmental Protection 

members. 

The State lmplementa~ 

tion Plan is the federallyenforceable plan for 

Maine that identifies how 

the State will attain and/or 

maintain the National 

Ambient Air Quality Standards. The Clean Air Act 

requires the State Implementation Plan to con- tain provisions that: (1} 

any board or body which 

approves permits or enforcement orders un- der the Clean Air Act has at least a majority of 

members who represent 

the public interest, and do 

not derive any significant 

portion of their income 

from persons subject to permits or enforcement 

orders under this Act, and 

(2) any potential conflicts 

of interest by members of 

such board or body or the 

head of an executive 

agency with similar pow- ers be adequately disclosed. 

Since existing Maine 

law meets these federal 

uirements, the 

will be 

requirements and further 

strengthening the 

enforcement of these 

provisions. Copies of this 

proposal are available 

upon request by contact- ing the Agency contact person or on the DEP 

website at www.maine. 

gov/dep/rules/. 

Pursuant to Maine law, 

interested parties are publicly notified of the 

proposed rulemaldng and are provided an opportunity for comment. Written comments may be 

submitted by mail, e-mail or fax to the contact per- son before the end of the comment period .. ' To en- sure the comments are considered, they must indude your name and the 

organization you represent, if any. Although the 

Department has not scheduled a public hearing on this proposaL a public hearing will be 

scheduled if any requests are received prior to the 

close of the public com- ment period. 

Maine Dept. of Environmental Protection 

17 State House Station 

Augusta, ME 04333 

(phone) 207-287-2437 

(fax) 207-287-7641 

(email) jeff.s.crawford 

@maine.gov 

PUBLIC HEARING 

(if any): 

April 2, 2013 1:00PM 

Department of Environmental Protection Response Building 

4 Blossom Lane 

Augusta, Maine 

COMMENT DEADLINE: 

Aprill5, 2013 5:00PM 

BRIEF * SUMMARY: 

The Department is 

proposing to amend its 

Chapte'r 125 Perchlorethylene Dry Cleaners 

rule to simplify compli- ance for the regulated 

community and improve 

the rule's enforceability. 

Some of the provisions in 

Chapter 125 are no longer 

relevant (as they pertain to obsolete or outdated 

equipment that is no longer used by Maine dry 

cleaners), and other 

provisions lack the necessary specificity to be 

enforceable. These 

amendments will be 

submitted to EPA for approval in Maine's 

equivalency demonstration for 40 CFR Part 63, 

Subpart M. 

Copies of these rules are available upon re- quest by contacting the 

Agency contact person or on the DEP website at 

www.maine gov/dep/ 

rules/. 

Pursuant to Maine law, 

interested parties are publicly notified of the 

proposed rulemaking and are provided an opportunity for comment. Written comments may be 

sub111itted by mail, e-mail or fax to the contact per- son before the end of the comment period. To en- sure the comments are considered, they must include your name and the 

organization- you represent, if any. 

Legal Advertisement 

Notice of Agency 

Rule-making Proposal 

AGENCY: Department of 

Environmental Protection 

CHAPTER NUMBER AND 

TITLE: Chapter 162 Control For Fiberglass Boat 

Manufacturing Materials 

CONTACT PERSON FOR 

THIS FILINGo 

Jeffrey Crawford 

Maine Dept. of 

Environmental 

Protection 

17 State 

House Station 

Augusta, ME 04333 

(phone) 

207-287-2437 

(-fax) 

207-287-7641 

(email) 

jeff.s.crawford@maine, 

gov 

PUBLIC HEARINGo 

100 -_- Legals 

Department of 

Environmental 

Protection 

Response Building 

4 Blossom Lane 

Augusta, Maine 

COMMENT DEADLINE: 

April 15,2013 

5:00P.M. 

BRIEF *SUMMARY: The 

Department is proposing a new rule that will limit 

the emissions of volatile 

organic compounds 

(VOC) from fiberglass 

boatbuilding operations 

during the manufacture 

and repair of fiberglass 

boats. Fiberglass boatbuilding operations use polyester and viny!ester 

resins to fabricate the var- ious components of 

boats using molds that 

provide the desired 

shape for the finished 

products. Open molding 

operations, which are most commonly used in 

fiberglass boatbuilding, 

release significant amounts of VOC, predominately styrene, during the curing process. 

These rules are being 

proposed to pursuant to Section 184 of the federal 

Clean Air Act, which re- quires states to imple- ment or update reason- ably available control 

technology (RACT) con- trols on all major emission sources, and on source categories cov- ered by a Control Tech- . Guideline 

2008, the U.S. Environmental Protection 

Agency published a CTG 

for fiberglass boat manu- facturing materials that 

recommends control options for this source cate- gory. Maine's proposed 

rule is based on these rec- ommendations, and re- duces VOC emissions 

from larger boatbuilding sources with 5400 

pounds per 12-month period or greater emissions. 

These amendments will 

be submitted to EPA for 

approval in Maine's State 

Implementation Plan. 

Copies of these rules are available upon request by 

contacting the AgE!ncy contact person or on the 

DEP website at www. maine. gov/dep/rules/. 

Pursuant to Maine law, 

interested parties are publicly notified of. the 

proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact Person 

before the end of the comment period. To en- sure the comments are considered, they must include your name and the 

organization you represent, if any. 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Region 1 

March 27,2013 

Mr. Jeffrey Crawford 

5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

Maine Dept. of Environmental Protection 

17 State House Station 

Augusta, ME 04333 

Dear Mr. Crawford: 

The Maine Department of Environmental Protection (ME DEP) is proposing a new 

regulation Chapter 162 "Control for Fiberglass Boat Manufacturing Materials," which 

will limit the emissions of volatile organic compounds (VOCs) from fiberglass boat 

building operations during the manufacture and repair of fiberglass boats. 

EPA previously reviewed a draft of the rule and sent written comments to the ME DEP in 

a letter dated September II, 2012. We have reviewed the proposed regulation and have 

found that the ME DEP has adequately addressed our previous comments. The proposal 

is consistent with EPA's "Control Techniques Guidelines for Fiberglass Boat 

Manufacturing Materials" (EPA 453/R-08-004). We have no further comments on the 

proposed rule. 

Maine should submit Chapter 162 to the EPA as a State Implementation Plan revision 

once adopted by the State. 

If you have any questions on this issue, please contact David Mackintosh of my staff at 

617-918-1584. 

Sincerely, 

Anne Arnold, Manager 

Air Quality Planning Unit 

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Chapter 162: CONTROL FOR FIBERGLASS BOAT MANUFACTURING MATERIALS 

1. Applicability 

SUMMARY: This regulation establishes consistent requirements for testing, 

evaluating and limiting volatile organic compound (VOC) emissions from fiberglass 

boat manufacturing operations. 

A. This regulation applies statewide. 

B. This regulation applies to any facility that manufactures hulls or decks of boats and related parts, 

builds molds to make fiberglass boat hulls or decks and related parts from fiberglass, or makes 

polyester resin putties for assembling fiberglass parts; and whose total actual VOC emissions from the 

following operations exceed 2449 kilograms (5400 pounds) per rolling twelve month period, before 

the application of control systems and devices: 

(I) open molding resin and gel coat operations (including pigmented gel coat, clear gel coat, production 

resin, tooling gel coat and tooling resin; 

(2) resins and gel coat mixing operations; and 

(3) resins and gel coat application equipment and cleaning operations. 

The owner or operator of a facility that solely manufactures fiberglass parts of boats, such as hatches, 

seats or boat trailers is not subject to this Chapter. 

C. This regulation does not apply to the following activities: 

(I) The application of surface coatings applied to fiberglass boats; 

(2) The application of surface coatings for fiberglass and metal recreational boats (pleasure craft); and 

(3) The use of industrial adhesives in the assembly of fiberglass boats. 

D. Exemptions. The following operations and/or materials are exempt from the monomer and 

nomnonomer VOC requirements of this Chapter: 

(I) Production resins (including skin coat resins) that meet the specification for use in military vessels 

or are approved by the U.S. Coast Guard for use in the construction oflifeboats, rescue boats, and 

other life saving appliances approved under 46 CFR Subchapter Q, or the construction of small 

passenger vessels regulated by 46 CFR Subchapter T, including but not limited to vessels ofless 

than 100 tons carrying more than 6 and less than 150 passengers for hire. Production resins that 

meet these criteria must be applied with nonatomizing resin application equipment in order to 

qualify for exemption under this subsection; 

(2) Pigmented, clear, and tooling gel coat used for part or mold repair and touch-up. The total gel coat 

materials included in this exemption must not exceed 1.0 (one) percent by weight of all resin and 

gel coat used at a facility on a 12-month rolling average basis; 

(3) Pure, 100 percent vinylester resin used for skin coats that are applied with nonatomizing resin 

application equipment and with the total amount of the resin materials not exceeding five percent 

by weight of all resin used at a facility on a 12 month rolling average basis. This exemption does 

not apply to blends ofvinylester and polyester used for skin coats; and 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

( 4) Any closed molding operation as defined by this Chapter. Open molding resin and gel coat 

operations such as gel coat or skin coat layers that precede a closed molding operation are not 

exempt. 

2. Deimitions 

A. Application equipment cleaning. "Application equipment cleaning" means the process of flushing 

or removing resins and gel coats from the interior or exterior of equipment that is used to apply resin 

or gel coat in the manufacture of fiberglass parts. 

B. Assembly adhesives. "Assembly adhesives" means any chemical substance that is applied for the 

purpose of bonding two surfaces together other than by mechanical means. 

C. Atomized application method. "Atomized application method" means 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. Atomized application 

methods include, but are not limited to, resin spray guns and resin chopper spray guns. 

D. Boat. "Boat" means any type of vessel, other than a seaplane, that can be used for transportation on 

the water. 

E. Clear gel coat. "Clear gel coat" means gel coats that are clear or translucent so that underlying 

colors are visible. Clear gel coats are used to manufacture parts for sale. Clear gel coats do not 

include tooling gel coats used to build or repair molds. 

F. Closed molding. "Closed molding" means any molding process in which pressure is used to 

distribute the 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. Closed molding includes, but is not limited to, compression molding with 

sheet molding compound, infusion molding, resin injection molding (RIM), vacuum-assisted resin 

transfer molding (V ARTM), resin transfer molding (RTM), and vacuum-assisted compression 

molding. Processes 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), are not considered closed molding. Open 

molding steps, such as application of a gel coat or skin coat layer by conventional open molding 

prior to a closed molding process, are not closed molding. 

G. Cured resin. "Cured resin" or "cured gel coat" means resin or gel coat that has changed irreversibly 

from a liquid to a solid. 

H. Fiberglass boat. "Fiberglass boat" means a vessel in which either the hull or deck is built from a 

composite material consisting of a thermosetting resin matrix reinforced with fibers of glass, carbon, 

aramid, or other material. 

I. Filled resin. "Filled resin" or "filled production resin" means a resin to which an inert material has 

been added to change viscosity, density, shrinkage, or other physical properties. 

J. Flowcoater. "Flowcoater" means a nonatomizing 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. 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

- 2-
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

K. Gel coat. "Gel coat" means a polyester resin surface coating, either pigmented or clear, that 

provides a cosmetic enhancement and improves resistance to degradation from exposure to the 

elements. 

L. Mixing. "Mixing" means any operation in which resin or gel coat, including the mixing of putties or 

polyester resin putties, is combined with additives that include, but are not limited to, fillers, 

promoters, or catalysts. 

M. Mold. "Mold" means the cavity or surface into or on which gel coat, resin, and fibers are placed and 

from which finished fiberglass parts take their form. 

N. Monomer VOC. "Monomer VOC" means a relatively low-molecular-weight organic compound 

such as styrene that combines with itself, or other similar compounds, by a cross-linking reaction to 

become a cured thermosetting resin. 

0. Monomer VOC content . "Monomer VOC content " means the weight of the monomer, divided by 

the weight of the polymer. 

P. Nonatomized application method. "Nonatomized application method" means any application 

technology in which the resin is not broken into droplets or an aerosol as it travels from the 

application equipment to the surface of the part. Nonatomized application methods include, but are 

not limited to, flowcoaters, chopper flowcoaters, pressure-fed resin rollers, resin impregnators, and 

hand application (for example, paint brush or paint roller). 

Q. Open molding resin and gel coat operation. "Open molding resin and gel coat operation" means 

any 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. For the purposes of this 

Chapter, open molding includes operations 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. 

R. Pigmented gel coat. "Pigmented gel coat" means opaque gel coats used to manufacture parts for 

sale. Pigmented gel coats do not include tooling gel coats used to build or repair molds. 

S. Polyester resin materials. "Polyester resin materials" means unsaturated polyester resins, such as 

isophthalic, orthophthalic, halogenated, bisphenol A, vinyl ester, or furan resins; cross-linking 

agents; catalysts; gel coats; inhibitors; accelerators; promoters; and any other material containing 

VOC used in polyester resin operations. 

T. Polyester resin operations. "Polyester resin operations" means fabricate, rework, repair, or 

touchup products for commercial, military, or industrial use by mixing, pouring, hand laying-up, 

impregnating, injecting, forming, winding, spraying, and/or curing by using unsaturated polyester 

resin materials. 

U. Production resin. "Production resin" means any resin used to manufacture parts for sale. 

Production resins do not include tooling resins used to build or repair molds, or assembly adhesives 

as defmed in this Chapter. 

V. Repair. "Repair" means that portion of the fabrication process that requires the addition of 

polyester resin materials to portions of a previously fabricated product in order to mend damage. 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

- 3 -

- ~ 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

W. Resin. "Resin" means any thermosetting resin with or without pigment containing styrene (CAS 

No. 100-42-5) or methyl methacrylate (CAS No. 80-62-6) and used to encapsulate and bind together 

reinforcement fibers in the construction of fiberglass parts. 

X. Resin impregnator. "Resin impregnator" means a mechanical nonatomizing composite materials 

application method in which fiber reinforcement is saturated with resins in a controlled ratio for 

each specific composite product. 

Y. Roll-out. "Roll-out" means the process of using rollers, squeegees, or similar tools to compact 

reinforcing materials saturated with resin to remove trapped air or excess resin. 

Z. Skin coat. "Skin coat" means a layer of resin and fibers applied over the gel coat to protect the gel 

coat from being deformed by the next laminate layers. 

AA. Tooling gel coat. "Tooling gel coat" means the gel coat used to build or repair molds (also known 

as tools) or prototypes (also known as plugs) from which molds will be made. 

BB. Tooling resin. "Tooling resin" means the resin used to build or repair molds (also known as tools) 

or prototypes (also known as plugs) from which molds will be made. 

CC. Touch-up. "Touch-up" means that portion of the process that is necessary to cover minor imperfections. 

DD. Vacuum bagging. "Vacuum bagging" means any molding technique in which the reinforcing fabric 

is saturated with resin and then covered with a flexible sheet that is sealed to the edge of the mold 

and where a vacuum is applied under the sheet to compress the laminate, remove excess resin, or 

remove trapped air from the laminate during curing. Vacuum bagging does not include processes 

that meet the definition of closed molding. 

EE. Vinylester resin. "Vinyl ester resin" means a thermosetting resin containing esters of acrylic or 

methacrylic acids and having double-bond and ester linkage sites only at the ends of the resin molecules. 

3. Emission Limits. Owners and operators of fiberglass boat manufacturing operations subject to this 

Chapter shall comply with the applicable emission limitations in Sections 3(A) through 3(D) of this 

Chapter by the use of one of the following options: 1) low monomer VOC content resins and gel coats; 2) 

emissions averaging among different operations; or 3) the use of add-on emission control devices. 

A. Low monomer VOC content option 

(1) The monomer VOC content limits used for any open molding resin and gel coat operations 

subject to this Chapter and any molding operations that do not meet the definition of closed 

molding, such as vacuum bagging operations, shall not exceed the monomer VOC limits 

established in Table 1: 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

-4-
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Table 1 

Monomer Volatile Organic Compounds Limits for Open Molding Resin and Gel Coat Operations 

Material Application Method Monomer VOC Content Limits 

(weight percent) 

Production resin Atomized (spray) 28 

Production resin N onatomized 35 

Pigmented gel coat Any Method 33 

Clear gel coat Any method 48 

Tooling resin Atomized 30 

Tooling resin N onatomized 39 

Tooling gel coat Any method 40 

(2) Alternative compliance method. The weighted average monomer VOC contents for a specific 

application method meets the monomer VOC content limit using Equation 1: 

Equation 1 

n 

Weighted Average Monomer VOC Content = i= I 

Where 

n 

mass of each open molding resin or gel coat used in the past 12 months in an 

operation, in megagrams. 

VOC, = monomer VOC content, by weight percent, of each open molding resin or gel coat 

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. 

B. Emissions averaging option 

(I) Any molding resin and gel coat operations that a facility chooses to include in averaging 

emissions among different operations to meet a numerical monomer VOC mass emissions limit 

rather than complying with the monomer VOC content limits established in Section 3(A)(1) of 

this Chapter shall use Equation 2 to establish a facility-specific monomer VOC mass emission 

limit on a 12-month rolling average basis: 

Equation 2 

Monomer VOC Limit= 46(MRJ + 159(Mp0 ) + 291(Mco) + 54(MTR) + 214(Mm) 

Where: Monomer VOC Limit = total allowable monomer VOC that can be emitted from the 

open molding operations included in the average, in kilograms per 12-month 

period. 

MR = mass of production resin used in the past 12 months, excluding any materials 

that are exempt, in megagrams. 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

- 5-

I 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

MPG = mass of pigmented gel coat used in the past 12 months, excluding any 

materials that are exempt, in megagrams. 

MeG = mass of clear gel coat used in the past 12 months, excluding any materials 

that are exempt, in megagrams. 

MTR = mass of tooling resin used in the past 12 months, excluding any materials that 

are exempt, in megrgarams. 

MrG = mass of tooling gel coat used in the past 12 months, excluding any materials 

that are exempt, in megagrams. 

The numerical coefficients associated with each term on the right side of Equation 2 are the allowable 

monomer VOC emission rates for that material in units of kilograms of monomer VOC per megagram 

of material used. 

(2) Any molding resin and gel coating operations that a facility chooses to include in averaging emissions 

among different operations to meet a numerical monomer VOC mass emission limit rather than to 

comply with the monomer VOC content limits established in Section 3(A)(I) of this Chapter shall use 

Equation 3 to demonstrate that the monomer VOC mass emissions from the operations included in the 

average do not exceed the emission limit calculated using Equation 2 from Subsection 3(B)(1) of this 

Chapter for the same period. This demonstration shall be conducted at the end of the first 12-month 

averaging period and at the end of every subsequent month for only those operations and materials 

included in the average. 

Equation 3 

Monomer VOC emissions = (PV R)(MR) + (PV pa)CMPG) + (PV cG)CMcG) + (PV rRlCMTR) + (PV m)(MrG) 

Where: Monomer VOC emissions= monomer VOC emissions from open molding operations 

included in the average, in kilograms per 12-month period. 

PV R = 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, excluding any materials 

that are exempt, in megagrams. 

PV PG = 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, excluding any 

material that are exempt, in megagrams. 

PV cG = weighted-average monomer VOC emission rate for clear gel coat used in the 

past 12 months, in kilograms per megagram. 

Mm = mass of clear gel coat used in the past 12 months, excluding any materials 

that are exempt, in megagrams. 

PV TR = 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, excluding any materials that 

are exempt, in megagrams. 

PV TG = weighted-average monomer VOC emission rate for tooling gel coat used in 

the past 12 months, in kilograms per megagram. 

Mra = mass of tooling gel coat used in the past 12 months, excluding any materials 

that are exempt, in megagrams. 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

- 6-
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(3) Any molding resin and gel coat operations that a facility chooses to include in averaging emissions 

among different operations to meet a numerical monomer VOC emission rate limit rather than 

complying with the monomer VOC content limits established in Section 3(A)(l) of this Chapter shall 

use Equation 4 to compute the weighted-average monomer VOC emission rate for the previous 12 

months for each open molding resin and gel coat operation included in the average for use in Equation 3: 

Equation 4 

n 

~ (MiPVi) 

i~l 

PV p~ 

n 

~ (Mi) 

i~l 

Where: PV OP = weighted-average monomer VOC emission rate for each open molding 

operation (PV R, PV PG, PV ca, PV TR, and PV m) included in the average, in 

kilograms of monomer VOC per megagram of material applied. 

M; = mass or resin or gel coat used within an operation in the past 12 months, in 

megagrams. 

PV, ~ 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. The equations in Table 2 shall be used to compute PV. 

Table 2 

Monomer Volatile Organic Compounds Emission Rate Formulas for Open Molding Resin and Gel Coat 

Material Application Method Formula 

Production resin, tooling resin a. Atomized a. 0.014 x (Resin VOC%)"·"' 

b. Atomized, plus vacuum bagging b. 0.01185 x (Resin VOC%)2425 

with roll-out c. 0.00945 x (Resin VOC%)2425 

c. Atomized, plus vacuum bagging d. 0.014 x (Resin VOC%)2

'

275 

without roll-out e. 0.011 x (Resin VOC%)2

'

275 

d. N anatomized f 0.0076 x (Resin VOC%)2

·

275 

e. Nonatomized, plus vacuum 

bagging with roll-out 

f. Nonatomized, plus vacuum 

bagging without roll-out 

Pigmented gel coat, clear gel coat, All methods 0.445 x (Gel Coat VOC%)"'" 

tooling gel coat 

C. Add-on emission control option. The owner or operator of any facility with molding resin and gel 

coat operations choosing to use add-on emission controls instead of complying with the monomer 

VOC content limits established in Section 3(A) of this Chapter shall: 

(I) Install control equipment to meet the monomer VOC limit determined by Equation 2 in Section 

3(B)(l) of this Chapter, applying the mass of each material used during the control device 

performance test in Equation 2 to determine the emission limit (in kilograms of monomer VOC) 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

- 7-
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

that is applicable during the test, instead of using the mass of each material as it is established in 

Section 3(B)(l) of this Chapter; 

(2) Monitor and record relevant control device and capture system operating parameters during the 

control device performance test and use the recorded values to establish operating limits for those 

parameters; and 

(3) Monitor the operating parameters for the control device and emissions capture system and 

maintain the parameters within the established limits. 

4. Calculating emission rates for lilled resins 

(1) When using a filled production resin or filled tooling resin, the owner or operator shall calculate 

the emission rate for the filled material on an as-applied basis using Equation 5: 

Equation 5 

PVu x (I 00-%Filler) 

PVp= ________________ __ 

100 

Where: PV F = The as-applied monomer VOC emission rate for the filled production resin or 

tooling resin, in kilograms monomer VOC per megagram of filled material. 

PVu = The monomer VOC emission rate for the neat (unfilled) resin before filler 

is added, as calculated using the formulas in Table 2 of Section 3(B)(3) of 

this Chapter. 

%Filler= The weight-percent of filler in the as-applied filled resin system. 

(2) If the filled resin: 

(1) Is used as a production resin then the value ofPVp calculated by Equation 5 shall not exceed 

46 kilograms of monomer VOC per megagram of filled resin applied; 

(2) Is used as a tooling resin then the value ofPV F calculated by Equation 5 shall not exceed 

54 kilograms of monomer VOC per megagram of filled resin applied; 

(3) Is included in the emissions averaging procedure then the facility shall use the value ofPVp 

calculated by Equation 5 for the value ofPV; in Equation 4 in Section 3(B)(3) of this Chapter. 

5. Non-monomer VOC content 

A. Up to five percent of the non-monomer VOC content of a resin or gel coat shall be exempt from the 

VOC content limits of this Chapter. 

B. If the non-monomer VOC content limit of a resin or gel coat exceeds five percent, then the excess 

non-monomer VOC over five percent shall be added to the monomer VOC content. The monomer 

VOC content of resin and gel coat shall be determined by using SCAQMD Method 312-9, 

Determination of Percent monomer in polyester resins, revised 1996, unless the facility maintains 

records from the manufacturer to document the monomer VOC content of resin and gel coat materials. 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

6. Cleaning solvent standards 

A. The volatile organic compound content of cleaning solvents employed for routine application 

equipment cleaning shall contain a maximum of 5.0 per cent VOC by weight, or have a composite 

vapor pressure of no more than 0.50 mm Hg at sixty-eight degrees Fahrenheit, as determined by the 

cleaning solvent manufacturer's Material Safety Data Sheet (MSDS) or other appropriate 

documentation acceptable to the Department and EPA. 

B. Only non-volatile organic compound solvents shall be used to remove cured resin and gel coat from 

application equipment. 

7. Work practice standards. All resin and gel coat containers with a capacity equal to or greater than 208 

liters (55.0 gallons), including those used for on-site mixing of putties and polyester resin putties, shall 

have a cover with no visible gaps in place at all times. This work practice does not apply when materials 

are being manually added to or removed from a container, or when mixing equipment is being placed or 

removed from a container. 

8. Test methods and compliance procedures. The owner or operator of any facility with open molding 

resin and gel coat operations choosing to use add-on emission controls pursuant to Section 3(C) of this 

Chapter shall perform compliance testing and demonstrate compliance using the methods and procedures 

described in Capture Efficiency Test Procedures, 06-096 CMR 126. The Department shall be notified 30 

days prior to performing compliance testing, and test results shall be reported to the Department within 60 

days after the test. 

A. When calculating the monomer VOC emission limitation in Section 3(B) of this Chapter, the owner or 

operator shall use the mass of each material used during the control device performance test (in lieu of 

the mass of each material used over the past twelve months) to determine the emission limit that is 

applicable during the test. If the measured emissions at the outlet of the control device are less than the 

emission limit, then the facility will be considered to have achieved compliance with the emission limit. 

B. If the owner or operator is using a filled production resin or tooling resin, compliance shall be 

demonstrated for the filled material on an as-filled basis using equation 6: 

Equation 6 

(1 00 - per cent filler) 

PVp=PVux ________ ~~-----

100 

Where: PV F = The as-applied monomer VOC emission rate for a filled production resin or 

tooling resin, kilograms of monomer VOC per ton of filled material. 

PV u = The monomer VOC emission rate for the neat (unfilled) resin, before filler is 

added, as calculated using the formulas in Table 2 of this Chapter. 

Per cent filler= The weight-per cent of filler in the as-applied filled resin system. 

C. The owner or operator subject to this Chapter choosing to use add-on emission controls pursuant to 

Section 3(C) of this Chapter shall perform additional testing and submit a report within ninety (90) 

days of receipt of notice from the Department if equipment operating parameters, staff inspection, air 

monitoring or other cause indicate to the Department that the surface coating facility may be operating 

out of compliance with the emission limitations. 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

9. Monitoring and recordkeeping requirements 

A. The owner or operator of a fiberglass boat manufacturing facility that is subject to the monomer and 

nonmonomer VOC requirements of this Chapter shall collect and record the following information for 

each operation subject to this Chapter on a monthly basis and shall maintain the information at the 

facility for a period of five years: 

(I) The total quantity of atomized molding production resin, nonatomized production resin, 

pigmented gel coat, clear gel coat, atomized tooling resin, nonatomized tooling resin, and tooling 

gel coat used per month and the weighted-average monomer VOC contents for each operation. 

(2) All calculations performed pursuant to Section 3 of this Chapter. 

(3) The volatile organic compound content of each non-monomer resin and gel coat employed. 

(4) For each cleaning solvent employed for routine application equipment cleaning, either the volatile 

organic compound content, by weight per cent or the composite vapor pressure, in mmHg; 

whichever is the applicable requirement selected to comply with the cleaning solvent 

requirements of Section 4 of this Chapter. 

(5) Calculations performed to establish the monomer VOC emission limitation as specified in 

Section 3(B)(l) of this Chapter. 

B. If au owner or operator of a fiberglass boat manufacturing facility employs add-on control equipment 

consisting of a thermal incinerator or catalytic incinerator to achieve and maintain compliance 

pursuant to Section 3(C) of this Chapter, the owner or operator shall comply with the following 

requirements: 

(I) Continuous temperature monitoring and continuous temperature recording equipment shall be 

installed and operated to accurately measure and record the operating temperature(s) for the 

control device. 

(2) The following information shall be collected and recorded for each day of operation of the control 

device, and the information shall be maintained at the facility for a period of five years: 

(a) A log or record of the operating time for the control device, monitoring equipment, and the 

open molding operation being controlled. 

(b) For thermal incinerators, all three-hour periods of operation during which the average 

combustion temperature was more than fifty degrees Fahrenheit below the average 

combustion temperature during the most recent emission test that demonstrated that the open 

molding operation was in compliance. 

(c) For catalytic incinerators, all three-hour periods of operation during which the average 

temperature of the dryer exhaust gases immediately before the catalyst bed was more than fifty 

degrees Fahrenheit below the average temperature of the dryer exhaust gases during the most 

recent emission test that demonstrated that the open molding operation was in compliance, and 

all three-hour periods during which the average temperature difference across the catalyst bed 

was less than eighty per cent of the average temperature difference during the most recent 

emission test that demonstrated that the open molding operation was in compliance. 

C. If an owner or operator of a fiberglass boat manufacturing facility operates add-on control equipment 

consisting of a carbon adsorption system to achieve and maintain compliance pursuant to Section 3(C) 

of this Chapter, the owner or operator shall comply with the following requirements: 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(1) One of the following types of monitoring and recording equipment shall be installed and operated 

for the carbon adsorption system: 

(a) A continuous emission monitoring and recording system that is capable of accurately 

measuring and recording the concentration of organic compounds in the exhaust gases from 

the carbon adsorption system. 

(b) Monitoring and recording equipment that are capable of accurately measuring and recording 

the total mass steam flow rate for each regeneration cycle of each carbon bed. 

(c) Monitoring and recording equipment that are capable of accurately measuring and recording 

the temperature of each carbon bed after regeneration (and after completion of any cooling 

cycle(s)). 

(2) The following information shall be collected and recorded for each day of operation of the carbon 

adsorption system, and the information shall be maintained at the facility for a period of five years: 

(a) A log or record of the operating time for the carbon adsorption system, monitoring 

equipment, and the open molding operation being controlled. 

(b) For a carbon adsorption system that employs a continuous emission monitoring and recording 

system to measure and record the concentration of organic compounds in the exhaust gases, 

all three-hour periods of operation during which the average concentration level or reading in 

the exhaust gases is more than twenty per cent greater than the exhaust gas organic compound 

concentration level or reading measured by the most recent performance test that 

demonstrated that the open molding operation was in compliance. 

(c) For a carbon adsorption system that employs monitoring and recording equipment to measure 

and record the total mass steam flow rate for each regeneration cycle of each carbon bed, all 

carbon bed regeneration cycles during which the total mass steam flow rate was more than ten 

per cent below the total mass steam flow rate during the most recent performance test that 

demonstrated that the open molding operation was in compliance. 

(d) For a carbon adsorption system that employs monitoring and recording equipment to measure 

and record the temperature of each carbon bed after regeneration (and after completion of any 

cooling cycle(s)), all carbon bed regeneration cycles during which the temperature of the 

carbon bed after regeneration (and after completion of any cooling cycle(s)) was more than 

ten per cent greater than the carbon bed temperature during the most recent performance test 

that demonstrated that the open molding operation was in compliance. 

(e) Each parameter monitor must record accurate and reliable data at least 98% of the sourceoperating time within any quarter of the calendar year unless the licensee can demonstrate to 

the satisfaction of the Department that the failure of the system to record accurate and reliable 

data was due to the performance of established quality assurance and quality control 

procedures or unavoidable malfunctions. 

10. Reporting requirements 

A. Any owner or operator of a boat manufacturing facility that is subject to the provisions of this Chapter 

shall notify the Department of any record maintained in accordance with Section 6(A) of this Chapter 

showing the use of noncomplying materials. A copy of such record shall be sent to the Department 

within thirty days following the end of the month in which the use of noncomplying materials occurs. 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

B. Any owner or operator of a fiberglass boat manufacturing facility that employs control equipment to 

achieve and maintain compliance pursuant to Section 3(C) of this Chapter shall submit to the 

Department quarterly summaries of the records required by Sections 8(B) and 8(C) of this Chapter. 

These quarterly reports shall be submitted no later than April 30th, July 31 '',October 31 '\and 

January 31" of each year, and shall cover the records for the previous calendar quarters. 

11. Compliance dates 

A. The owner or operator of a facility that is subject to this Chapter shall comply with the requirements 

of this Chapter no later than the following dates: 

(I) For any fiberglass boat manufacturing facility subject to this Chapter for which construction 

commenced prior to the effective date of this Chapter, the compliance date is either 36 months 

after the effective date of this Chapter or the date of initial startup ofthe fiberglass boat 

manufacturing facility, whichever is later. 

(2) For any fiberglass boat manufacturing facility subject to this Chapter for which construction 

commenced on or after the effective date of this Chapter, the compliance date is the initial startup 

date of the boat manufacturing facility. 

B. If an owner or operator of a fiberglass boat manufacturing facility that is subject to this Chapter 

employs add-on control equipment to achieve and maintain compliance with this Chapter, pursuant to 

Section 3(C) of this Chapter, the owner or operator shall demonstrate compliance with Section 3(C) of 

this Chapter by testing the volatile organic compound emissions from the control equipment in 

accordance with Section 6 of this Chapter and according to the following: 

(I) For any owner or operator of a facility subject to Section !lA)( I) of this Chapter, compliance 

with Section 3(C) shall be demonstrated no later than ninety days after the facility's compliance 

date. In addition, the Department may accept the results of an emission test conducted prior to the 

effective date of this Chapter, if the owner or operator provides the Department or its agent the 

opportunity to witness the test, an approved EPA emission test method was employed, and the 

operations during testing were consistent with the current operating conditions and operating 

capacity. 

(2) For any owner or operator of a facility subject to Section ll(A)(2) of this Chapter, within one 

hundred eighty days after the facility's compliance date. 

C. Additional testing of the VOC emission control equipment for a fiberglass boat manufacturing facility 

in accordance with Section 8(C) of this Chapter may be required by the Department to ensure 

continued compliance. 

12. Initial notification and compliance certification 

A. The owner or operator of a fiberglass boat manufacturing facility that is subject to this Chapter shall 

notify the Department in writing that the facility is subject to this Chapter. The notification shall be 

submitted no later than sixty days after the effective date of this Chapter, or within sixty days after the 

facility becomes subject to this Chapter, and shall provide the following information: 

(I) N arne and address of the owner or operator; 

(2) Address (i.e., physical location) of the affected facility; 

(3) Description of the boat manufacturing facility and air emission license number, if assigned; and 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(4) Identification of the volatile organic compound emission requirement, the means of compliance 

and the compliance date for the fiberglass boat manufacturing facility. 

B. Compliance certification 

(I) The owner or operator of a fiberglass boat manufacturing facility that is subject to this Chapter 

shall maintain records demonstrating compliance following the completion of any of the 

following requirements: 

(a) For a fiberglass boat manufacturing facility subject to the VOC emission requirements in 

Sections 3 through 5 of this Chapter, the first documented achievement of compliance with 

the requirements; or 

(b) For a fiberglass boat manufacturing facility subject to the add-on control requirement in 

Section 3(C) of this Chapter: 

(i) The completion of installation and initial use of the add-on control system; 

(ii) The completion of installation and initial use of any monitoring devices required under 

Section 9 of this Chapter; and 

(c) The completion of any compliance testing conducted in accordance with Section 6 of this 

Chapter to demonstrate compliance with the applicable control requirement. 

(2) The compliance certification under Section 12(C)(l) of this Chapter shall provide the following, 

where applicable: 

(a) A description of the compliance option employed. 

(b) A description of the VOC emission control system. 

(c) A description of the monitoring devices. 

(d) A description of the records that document continuing compliance. 

(e) The results of any compliance tests, including documentation of test data. 

(f) The results of any records that document continuing compliance, including calculations. 

(g) A statement by the owner or operator of the affected facility as to whether the boat 

manufacturing facility has complied with the requirement(s). 

D. Exempted facilities 

(1) For the purpose of demonstrating that a source is not subject to this Chapter, the owner or 

operator shall maintain, for 5 years and for each monomer resin, monthly purchase records and 

Material Safety Data Sheets (MSDS), as used to comply with the Occupational Safety and Health 

Administration's Hazard Communication Standard, 29 CFR 1910.1200. 

(2) The owner or operator of a fiberglass boat manufacturing facility that determines the boat 

manufacturing operations are not subject to the monomer and non-monomer VOC requirements 

of Sections 3 through 5 of this Chapter shall maintain the following records for a period of five 

years, as applicable: 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(a) For a production resin employed meeting the exemption requirements specified in Section 

3(A)(3)(a) of this Chapter, the owner or operator shall keep a record of the resins which are 

being used for this exemption. 

(b) For a pigmented, clear, and tooling gel coat employed meeting the exemption requirements 

specified in Section 3(A)(3)(b) of this Chapter, the amount of each of these types of coats 

employed and copies of calculations showing that the exempt amount does not exceed 1.0 per 

cent of all gel coat used. 

(c) For a pure one hundred per cent vinyl ester used for skin coats meeting the exemption 

requirements specified in Section 3(a)(3)( c) of this Chapter, the amount of one hundred per 

cent vinyl ester skin coat employed and copies of calculations showing that the exempt 

amount does not exceed 5.0 per cent of all resin used. 

STATUTORY AUTHORITY: 38 M.R.S.A. §585-A 

EFFECTIVE DATE: July 30, 2013 - filing 2013-178 

Chapter 162: Control for Fiberglass Boat Manufacturing Materials 

- 14-

-- ·--~,....,. ... - -----,--. ··--- --- ------.-.-·-··· 

............ -.... ,.... --~----··-·--·-. .. ·-··-"·----------·-·---------··----·--

TO:. 

ATTN: 

Rule-Making Cover Sheet 

Secretary of State 

Administrative Procedure Officer, 

2013-178 

State House Station 101, Augusta, Maine 04333. 

1. Agency: Department of Environmental Protection 

2. 

3. 

Agency umbrella and unit number: 06-096 

Title of rule: Control for Fiberglass Boat Manufacturing Materials 

4. Chapter number assigned to the rule: 162 

ACcEPTED FOR 

FILING 

JUL 2 5 2013 

SECRETARY OF STATE 

5. Date(s)/method(s) of notice: On 3/13//2013 in the Kennebce Journal, Portland Press Herald, 

Bangor Daily News, Lewiston Sun Journal and Waterville Morning Sentinel. 

6. Date(s)/place(s) ofhearing(s): April2, 2013, DEP Response, Augusta, Maine 

7. Type:. new rule 0 partial amendment( s) of existing rule 

0 suspension of existing rule 0 repeal of rule 0 emergency rule 

D repeal and replace: complete replacement of existing chapter, with former version 

simultaneously repealed. 

8. N arne/phone of agency contact person: Jeff Crawfurd (207) 287-7 64 7 

9. If a major substantive rule under Title 5, c. 375, sub-CII-A, check one of the following 

D Provisional adoption 0 Final adoption 

(prior to Legislative review) 

D emergency adoption of major-substantive rule 

10. Certification Statement: I, Patricia Abo hereby certify 

that the attached is a true copy of the rule(s) described above and lawfully adopted by 

-~D~ep#artm~~en~t~o~f~En~~~·ro~nm~en~t~aluPr~ot~e~cti~·o~nL-__ on ___ ~7~/1~9~/~13~-----· 

(nameofagency) (date) 

I further certifY that all portions of this rule are adopted in compliance with the requirements 

of the M~~w~Procedure A~t/fl ~· 

Signatn~e: ~ {U.~) . (original signature, personally signed by the head of agency) 

Printed name & title: Patricia W. Abo, Commissioner. 

(date) 

25 2013 

EFFECTIVE DATE: JUL 3 0 2013