



                                       
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION




                          Technical Support Document 
                                      for
                              EPA's Rulemaking
                                    for the
                     California State Implementation Plan
                                       
San Diego County Air Pollution Control District, Rule 67.12.1, and rescission of Rule 67.12 
                          Polyester Resin Operations




                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                                       
                          Prepared by: Arnold Lazarus
                             Reviewed by: Doris Lo
                                 November 2017
                                       
                                       
                                       
                                       
                                       




 
Agency
San Diego County Air Pollution Control District (SDCAPCD)
SIP Approved Rule
                    Rule 67.12 - Polyester Resin Operations
Adopted - May 15, 1996
Submitted - October 18, 1996
EPA Approved - March 27, 1997 (62 FR 14639) 
Subjects of this TSD

Rule 67.12 - Polyester Resin Operations 
Repealed/Rescinded  -  May 11, 2016
Effective May 11, 2017
Submitted  -  August 22, 2016 

Rule 67.12.1 - Polyester Resin Operations
Adopted - May 11, 2016
Submitted - August 22, 2016 
Completeness Finding
Determination of Completeness letter: September 27, 2016

BACKGROUND  -  SDCAPCD regulates air quality in San Diego County, which is classified as a "Moderate" nonattainment area for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Clean Air Act (CAA) requires that for areas classified as Moderate nonattainment or greater, the State must submit provisions to the State Implementation Plan (SIP) to require implementation of reasonably available control technology (RACT) for major sources, as well as all sources covered by a Control Techniques Guideline (CTG). See CAA section 182(b)(2). There is an Environmental Protection Agency (EPA) control techniques guideline (CTG) document covering a category of volatile organic compound (VOC) sources regulated by this rule: "Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials," EPA-453/R-08-004, September 2008. However, the District has indicated that it does not have any sources that meet the applicability threshold for that CTG.

In a submission to the SDCAPCD governing board, the air pollution control officer stated that, "If adopted, Rule 67.12.1 will replace existing Rule 67.12, which was last updated in 1996 and is now outdated. Since 1996, manufacturers of polyester resin materials have developed new materials that contain less VOCs while still meeting appearance, durability, strength, and other performance needs. Proposed Rule 67.12.1 reflects the development and availability of these lower emitting materials. Several air districts throughout California have already adopted the same requirements and compliant polyester resin materials are now readily available and are largely in use in San Diego County."

Rule 67.12.1 was adopted locally on May 11, 2016, and Rule 67.12 was repealed effective May 11, 2017. New operations must comply with new Rule 67.12.1 upon startup. Sources electing to comply with the rule by installing air pollution control equipment had until November 11, 2017 to comply with all applicable rule requirements.  

"There are 24 facilities in San Diego County that are currently subject to existing Rule 67.12 and thus subject to proposed new Rule 67.12.1, with total VOC emissions from polyester resin operations of approximately 25 tons per year. The proposed new rule will reduce VOC emissions by approximately 4 tons per year or 16%. Most affected facilities already voluntarily comply with the proposed standards and thus the emission reductions are occurring. Nevertheless, adoption of Rule 67.12.1 is necessary to account for these emission reductions in the air quality program and fulfill state and federal mandates."

RULE SUMMARY - SDCAPCD Rule 67.12.1 controls VOC emissions from polyester resin operations. The rule was adopted to replace the SIP approved Rule 67.12, which was repealed by the SDCAPCD on May 11, 2016. Major differences between Rule 67.12.1 and repealed Rule 67.12 include:
(a) Applicability (1) - expanded to include associated surface preparation, solvent cleaning and cleaning of application equipment.
(b) Exemptions (1)(i) - revised from 1 gallon per operating day of polyester resin to 20 gallons per month.
(c) Definitions - Twelve definitions were added (Electrostatic Spray, Filler, High Strength Resin, Lamination Resin, Manual Application, Non-Atomizing Application, Primer Gel Coat, Solid Surface Resin, Specialty Gel Coat, Surface Preparation, Tub/Shower Resin, and VOC Content per Volume of Material) and two definitions were removed (Reclamation System, Waste Material). Other definitions were modified (e.g. Corrosion Resistant Resin, High-Volume Low-Pressure (HLVP) Spray, and Monomer).
(d) Standards - Table 1 shows the changes in categories of polyester resins and their respective monomer content percentage. Collectively, these revisions significantly strengthen the rule requirements.




Table 1 Percentage of Monomer Weight in Polyester Resin Categories Allowed in Rules 67.12 and 67.12.1
Category
Rule 67.12
Rule 67.12.1
Clear Gel Coat
50

Marble Gel Coat

40
Other Clear Gel Coats

44
Pigmented Gel Coat
45

White and Off-White Gel Coats

30
Other Non-White Gel Coats

37
Primer Gel Coat

28
Specialty Gel Coat

48
Corrosion-Resistant or Fire Retardant Resin
50

Corrosion-Resistant Resin

48
Fire Retardant Resin

38
Resin Material
35

Marble Resins 

10
Marble Resins without fillers

32
Solid Surface Resins

17
Tub/Shower Resins

24
Tub/Shower Resins without fillers

35
Lamination Resins

31
Lamination Resins without fillers

35
Other Resins

35

(e) Control Equipment - This section has been newly established with guidelines for operation and standards.
(f) Record Keeping - Record keeping provisions (f) (2) have been established specifically for usage of Polyester Resin Operations with control devices.
(g) Test Methods  -  Two test methods were retained from the repealed rule, one was expanded, and four new test methods were added. There is also a provision for an alternative test method if it has the approval, in writing, of the Air Pollution Control Officer, the California Air Resources Board and the EPA.

EVALUATION CRITERIA - 

1.	Enforceability - The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability. 

      2.	Stringency - SIPs must require RACT for each category of sources covered by a CTG as well as each major source in ozone nonattainment areas classified as Moderate or above (see section 182(b)(2)). EPA's CTG titled, "Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials," EPA-453/R-08-004, September 2008, and other state and local rules for this category were used to help evaluate the RACT requirements of CAA §182(b)(2). 

      3.	SIP Relaxation - CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect or required to be adopted before November 15, 1990, in a nonattainment area, unless the modification insures equivalent or greater emission reductions. 
      
EPA EVALUATION - 

      1. 	Enforceability - To help ensure enforceability, the rule requirements and applicability are clear, and the monitoring, recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with Rule 67.12.1 consistently.

2. 	Stringency - Rule 67.12.1 was compared to SIP approved Eastern Kern Air Pollution Control District (EKAPCD), Rule 432, "Polyester Resin Operations," San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Rule 4684, "Polyester Resin Operations," and South Coast Air Quality Management District (SCAQMD) Rule 1162, "Polyester Resin Operations." The percentage of monomer weight in all categories are the same. Therefore, we conclude that Rule 67.12.1 monomer limits are consistent with limits in other SIP approved rules for manufacturing operations using polyester resins. 

	With respect to the fiberglass boat manufacturing materials CTG, we identified one limit in Rule 67.12.1 (Pigmented Gel Coat  -  Other Non-White Gel Coats 37%) that is higher than the CTG's recommendation (Pigmented gel coat 33%). SDCAPCD provided the EPA with a table listing all polyester resin operations in the District and actual emissions from those facilities. The table indicates there are no fiberglass boat manufacturing operations in the District with actual emissions exceeding the fiberglass boat manufacturing materials CTG applicability threshold of 2.7 tons per year (tpy). The table indicates the largest emissions from a fiberglass boat facility in the District was 644 pounds/year (0.322 tpy). The EPA searched the California Air Resources Board emission inventory database and did not locate any fiberglass boat manufacturing facilities exceeding the CTG applicability threshold. We therefore conclude that Rule 67.12.1 does not regulate any sources covered by the fiberglass boat manufacturing CTG, and thus is not required to address the presumptive RACT limits of that CTG in its RACT analysis. If a fiberglass boat manufacturing operation with emissions surpassing the CTG threshold locates in the District in the future, the District will need to update its RACT analysis to address the CTG limits. In addition, the table indicates the largest source emits 13.062 tpy, well below the 100 tpy major source threshold for Moderate nonattainment areas. 
      
      3. 	SIP Relaxation - We believe the revised exemption of 1 gal/day (and 0.5 gal/day for marine vessel repair operations) to 20 gal/month in paragraph (b) (1) (i) will have negligible emission impacts in comparison with the overall emission reductions achieved by the rule. In support of this conclusion, the District provided both an explanation of the overall emission reductions from the rule, showing emission reductions of 4.3 tpy and a description of the small number of regulated marine vessel repair operations in the District including an explanation of the District's accounting thereof. Accordingly, even if the modified exemption results in a small overall emission increase, any such increase will be offset by other rule improvements including lower VOC limits in paragraph (d)(1)(i). Therefore, we propose to determine that our approval of the submittal would comply with CAA §110(l) because (1) the proposed SIP revision would not interfere with the on-going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the emission limits in the submitted rule are more stringent than the existing SIP-approved control requirements that they would replace. CAA §193 does not apply to this rule because it was not in place or required to be adopted before November 15, 1990.

RULE DEFICIENCIES  -  We find no deficiencies to preclude a full approval of Rule 67.12.1, and rescission of Rule 67.12.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION - The following revisions are recommended for the next time the rule is amended: 
 Consistent with CAA Title V requirements, EKAPCD Rule 432 V.7 and SJVUAPCD Rule 4684 (6.1.7), we recommend that Section (f)(3) require that records be retained on site for five years instead of three years.
 SCAQMD Rule 1162 does not exempt facilities that use less than 20 gallons of polyester resin materials per month. Please consider whether this exemption in paragraph (b)(1)(i) is necessary.
 Paragraph (g)(7) provides that "subsequent to the initial compliance demonstration period, appropriate key system operating parameters as approved by the Air Pollution Control Officer may be used as indicators of the performance of the emission control system." If the rule is modified in the future to allow for the use of "appropriate key system operating parameters" in place of specific requirements of the enumerated test methods, the rule should either specify the "appropriate key system operating parameters" that may be used, or remove the discretion of the APCO to approve these parameters without EPA approval.
 Paragraph (b)(1)(ii) exempts coatings subject to Rule 67.0. Rule 67.0 has been replaced with Rule 67.0.1. In accordance with communication from the District, paragraph (b)(1)(ii) should be clarified to indicate that this exemption applies to the current version of this rule.
 Paragraph (c)(3) defines "closed mold operations," but elsewhere in the rule uses the term "closed mold polyester resin operations" to refer to these operations. The rule should standardize its terminology in accordance with the defined term.  In addition, the definition of "closed mold operations" should be clarified to indicate that it does not include vacuum bagging. 
 We recommend SDCAPCD consider adopting a negative declaration for the fiberglass boat manufacturing operations CTG since the District's data indicates it does not have facilities meeting the CTG's applicability threshold of 15 pounds/day or 2.7 tpy. 

EPA ACTION - The submitted Rule 67.12.1 strengthens the SIP and fulfils the relevant CAA §110 and part D requirements. Therefore, EPA staff recommends approval of Rule 67.12.1 pursuant to CAA §110(k)(3) and §301(a), accompanied with a rescission of Rule 67.12.

REFERENCES 
       "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
       "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
       Letter from Robert J. Kard, Air Pollution Control Officer of the SDCAPCD to the San Diego County Air Pollution Control Board, May 11, 2016.
       "Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials," EPA-453/R-08-004, September 2008.
       Rule 67.12, "Polyester Resin Operations," adopted, May 15, 1996, submitted October 18, 1996, approved, March 27, 1997 (62 FR 14639).
       Rule 67.12.1, "Polyester Resin Operations," adopted, May 11, 2016, submitted August 22, 2016.
       Rule 432, "Polyester Resin Operations," EKAPCD, adopted March 13, 2014 and approved June 5, 2015 (80 FR 32026).
       Rule 4684, "Polyester Resin Operations," SJVUAPCD, adopted August 18, 2011 and approved February 6, 2012 (77FR 5709).
       Rule 1162, "Polyester Resin Operations," SCAQMD, adopted July 8, 2005 and approved, July 26, 2011 (76 FR 44493).
       40 CFR Part 63, Subpart VVVV - National Emission Standards for Hazardous Air Pollutants (NESHAP) for Boat Manufacturing; Final Rule, August 22, 2001.
       40 CFR Part 63 Subpart WWWW NESHAP, Reinforced Plastic Composites Production; Final Rule, April 21, 2003.
       Code of Federal Regulations, Title 40, Chapter C, Part 51, Subpart F, Section 51.100, "Definitions" (40 CFR 51.100).
       Email dated May 19, 2017 from Angela Ortega (SDCAPCD) to Andrew Steckel (USEPA), "RE: EPA questions regarding San Diego Rule 67.12.1" with attachment "Response to Rule 67.12.1 EPA Questions".
       Email dated June 30, 2017, from Angela Ortega (SDCAPCD) to Arnold Lazarus (USEPA), RE: "Response to EPA regarding Rule 67.12.1 06_30_17 revised.docx" with attachment "Response to EPA regarding Rule 67.12.1 06_30_17 revised.docx".
       Email dated July 12, 2017, from Angela Ortega (SDCAPCD) to Arnold Lazarus (USEPA), RE: "RE: Response to EPA regarding Rule 67.12.1 06_30_17 revised.docx" with attachment "R67.12.1 emission reduction calculations for EPA 071217.pdf".
