Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Amendments to the Control of Emissions of Volatile Organic Compounds From Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations, 32356-32359 [2019-14259]
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
Test laboratories applying for
acceptance as a CPSC-accepted third
party conformity assessment body to
test to the new standard for gates and
enclosures would be required to meet
the third party conformity assessment
body accreditation requirements in part
1112. When a laboratory meets the
requirements as a CPSC-accepted third
party conformity assessment body, it
can apply to the CPSC to have 16 CFR
part 1239, Safety Standard for Gates
and Enclosures, included in its scope of
accreditation of CPSC safety rules listed
for the laboratory on the CPSC website
at: www.cpsc.gov/labsearch.
In connection with the part 1112
rulemaking, CPSC staff conducted an
analysis of the potential impacts on
small entities of the proposed rule
establishing accreditation requirements,
77 FR 31086, 31123–26 (May 24, 2012),
as required by the RFA and prepared an
Initial Regulatory Flexibility Analysis
(IRFA). The IRFA concluded that the
requirements would not have a
significant adverse impact on a
substantial number of small laboratories
because no requirements are imposed
on laboratories that do not intend to
provide third party testing services
under section 14(a)(2) of the CPSA. The
only laboratories that are expected to
provide such services are those that
anticipate receiving sufficient revenue
from providing the mandated testing to
justify accepting the requirements as a
business decision. Laboratories that do
not expect to receive sufficient revenue
from these services to justify accepting
these requirements would not likely
pursue accreditation for this purpose.
Similarly, amending the part 1112 rule
to include the NOR for gates and
enclosures would not have a significant
adverse impact on small laboratories.
Moreover, based upon the number of
laboratories in the United States that
have applied for CPSC acceptance of the
accreditation to test for conformance to
other juvenile product standards, we
expect that only a few laboratories will
seek CPSC acceptance of their
accreditation to test for conformance
with the gates and enclosures standard.
Most of these laboratories will have
already been accredited to test for
conformance to other juvenile product
standards and the only costs to them
would be the cost of adding the gates
and enclosures standard to their scope
of accreditation. As a consequence, the
Commission certifies that the proposed
notice requirements for the gates and
enclosures standard will not have a
significant impact on a substantial
number of small entities.
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XIV. Request for Comments
This proposed rule begins a
rulemaking proceeding under section
104(b) of the CPSIA for the Commission
to issue a consumer product safety
standard for gates and enclosures, and
to amend part 1112 to add gates and
enclosures to the list of children’s
product safety rules for which the CPSC
has issued an NOR. In addition to
requests for specific comments
elsewhere in this NPR, the Commission
invites all interested persons to submit
comments on any aspect of the
proposed rule.
Comments should be submitted in
accordance with the instructions in the
ADDRESSES section at the beginning of
this notice.
List of Subjects
16 CFR Part 1112
Administrative practice and
procedure, Audit, Consumer protection,
Reporting and recordkeeping
requirements, Third party conformity
assessment body.
16 CFR Part 1239
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Labeling, Law enforcement,
and Toys.
For the reasons discussed in the
preamble, the Commission proposes to
amend parts 1112 and 1239 of Title 16
of the Code of Federal Regulations as
follows:
PART 1112—REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
1. The authority citation for part 1112
continues to read as follows:
■
Authority: 15 U.S.C. 2063; Pub. L. 110–
314, section 3, 122 Stat. 3016, 3017 (2008).
2. Amend § 1112.15 by adding
paragraph (b)(49) to read as follows:
■
§ 1112.15 When can a third party
conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
and/or test method?
*
*
*
*
*
(b) * * *
(49) 16 CFR part 1239, Safety
Standard for Gates and Enclosures.
*
*
*
*
*
■ 3. Add part 1239 to read as follows:
PART 1239—SAFETY STANDARD FOR
GATES AND ENCLOSURES
Sec.
1239.1 Scope.
1239.2 Requirements for Gates and
Enclosures.
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Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (15 U.S.C. 2056a).
§ 1239.1
Scope.
This part establishes a consumer
product safety standard for gates and
enclosures.
§ 1239.2 Requirements for gates and
enclosures.
Each gate and enclosure must comply
with all applicable provisions of ASTM
F1004–19, Standard Consumer Safety
Specification for Expansion Gates and
Expandable Enclosures, approved on
June 1, 2019. The Director of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain a copy from ASTM International,
100 Bar Harbor Drive, P.O. Box 0700,
West Conshohocken, PA 19428;
www.astm.org/cpsc.htm. You may
inspect a copy at the Division of the
Secretariat, U.S. Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814, telephone 301–504–7923, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: www.archives.gov/federalregister/cfr/ibr-locations.html.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2019–14295 Filed 7–5–19; 8:45 am]
BILLING CODE 6355–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0246; FRL–9996–06–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Amendments to the
Control of Emissions of Volatile
Organic Compounds From Motor
Vehicle and Mobile Equipment NonAssembly Line Coating Operations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
part of a state implementation plan (SIP)
revision submitted by the District of
Columbia (the District) on August 29,
2018. The part of the August 29, 2018
SIP revision being proposed for
approval is an update to the 2002
Mobile Equipment Repair and
SUMMARY:
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
Refinishing (MERR) model rule to
incorporate the Ozone Transport
Commission’s (OTC) 2009 Motor
Vehicle and Mobile Equipment NonAssembly Line Coating Operations
regulations (MVMERR) model rule,
which was adopted by the District in
2016. The MVMERR rules establish
volatile organic compounds (VOC)
content limits for coating and cleaning
solvents used in vehicle refinishing and
standards for coating application, work
practices, monitoring, and
recordkeeping. The remaining part of
the August 29, 2018 SIP revision
addressed the District’s VOC Reasonable
Available Control Technology (RACT)
requirements for the 2008 ozone
national ambient air quality standards
(NAAQS). EPA will address the VOC
RACT portion of the SIP revision in a
separate rulemaking action. This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before August 7, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2019–0246 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gregory A. Becoat, Planning &
Implementation Branch (3AD30) Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
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19103. The telephone number is (215)
814–2036. Mr. Gregory A. Becoat can
also be reached via electronic mail at
becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On August
29, 2018, the District of Columbia
Department of Energy and Environment
(DOEE) submitted a SIP revision for
EPA approval which included the
District’s 2016 update to its 2002 MERR
rule, found at Title 20 (Environment),
District Municipal Regulations (DCMR)
Subtitle A (Air Quality), Chapter 7—
Volatile Organic Compounds. The
District’s 2016 update revised its
existing, SIP-approved 2002 MERR rule
to include the OTC’s 2009 MVMERR
model rule. The DOEE’s August 29,
2018 SIP revision also addressed all the
VOC requirements of RACT set forth by
the CAA for the 2008 8-hour ozone
NAAQS (the 2008 VOC RACT
Submission). The portion addressing the
2008 VOC RACT requirements will be
addressed in a separate rulemaking
notice.
I. Background
A. General
Ozone is formed in the atmosphere by
photochemical reactions between VOCs
and nitrogen oxides (NOX) in the
presence of sunlight. In order to reduce
these ozone concentrations, the CAA
requires control of VOC and NOX
emission sources to achieve emission
reductions in moderate or more serious
ozone nonattainment areas.
Section 184(a) of the CAA established
a single ozone transport region (OTR),
comprising all or part of 12 eastern
states and the District.1 The District is
part of the OTR and, therefore, must
comply with the RACT requirements in
section 184(b)(1)(B) and (2) of the CAA.
In December 1999, EPA identified
emission reduction shortfalls in several
severe 1-hour ozone nonattainment
areas, including those located in the
OTR. As a result, the OTC developed
model rules for a number of source
categories. One of the model rules was
to reduce VOC emissions from
automotive coatings and cleaning
solvents associated with non-assembly
line refinishing or recoating of motor
vehicles, mobile equipment, and their
associated parts and components. The
2002 MERR model rule was originally
approved by EPA into the District’s SIP
on December 23, 2004 (69 FR 76857) as
part of a regional effort to attain and
maintain the 1-hour ozone NAAQS. The
2009 MVMERR Model Rule is a revision
of the 2002 MERR Model Rule
1 Only a portion of the Commonwealth of Virginia
is included in the OTR.
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developed by the OTC. The California
Air Resources Board (CARB) Suggested
Control Measure (SCM) for Automotive
Coatings, published October 2005,
formed the basis for the revisions to the
2009 MVMERR Model Rule.
B. Source Description
Automobile refinishing includes the
application of coatings following the
manufacture of original equipment.
‘‘Automobile’’ or ‘‘vehicle’’ in this
category refers to passenger cars, trucks,
vans, motorcycles, and other mobile
equipment capable of being driven on
the highway. Automobile refinishing
work typically consists of structural
repair, surface preparation, and
painting, and includes operations in
auto body repair/paint shops,
production auto body paint shops, new
car dealer repair/paint shops, fleet
operator repair/paint shops, and
custom-made car fabrication facilities.
The steps involved in automobile
refinishing include surface preparation,
coating applications, and spray
equipment. VOC emissions result from
the evaporation of solvents during each
of these processes and can be controlled
through the use of compliant coatings
and solvents, the use of application
equipment with increased transfer
efficiency, and stringent work practice
standards.
The main categories of coatings are
primers and topcoats. The primer
category consists of pretreatment wash
primers, primers, primer surfacers, and
primer sealer. Topcoats are applied over
the primer coats and provide the final
color to the refinished area. Primers and
coatings can be classified as lacquer,
enamel, or urethane coatings. Each
coating differs in its chemistry,
durability, and VOC content. Some
additives and specialty coatings are
necessary for unusual performance
requirements and are used in relatively
small amounts to improve desirable
properties. Additives and special
coatings include adhesion promoters,
uniform refinish blenders, elastomeric
materials for flexible plastic parts, gloss
flatteners, and anti-glare/safety coatings.
For additional information, see EPA’s
‘‘Alternative Control Techniques (ACT)
Document: Automobile Body
Refinishing’’ (EPA–453/R–94–031, April
1994).
II. Summary of SIP Revision
On August 29, 2018, the DOEE
submitted a SIP revision which
included the District’s 2016 update to
its 2002, SIP-approved MERR rule to
incorporate the OTC’s 2009 Model Rule
for Motor Vehicle and Mobile
Equipment Non-Assembly Line Coating
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
Operations Regulations. A redline/
strikeout version showing the changes is
included in the docket for this action. If
approved, the SIP revision would make
the District’s 2016 amended rule
federally enforceable. The OTC’s 2009
MVMERR model rule was established to
reduce VOC emissions from automotive
coatings and cleaning solvents
associated with the non-assembly line
refinishing or recoating of motor
vehicles, mobile equipment, and their
associated parts and components.
The District submitted amendments to
Sections 714—Control Techniques,
Section 718—Mobile Equipment Repair
and Refinishing, and Section 799—
Definitions, in order to implement the
OTC’s 2009 MVMERR model rule.
Affected sources include: Auto body
and repair facilities, fleet operator repair
and paint facilities, new and used auto
dealer repair and paint facilities, and
after-market auto customizing and
detailing facilities located throughout
the District; manufacturers, suppliers,
and distributors of coatings and
cleaning solvents intended for use and
application to motor vehicles, mobile
equipment, and associated components
within the District; and manufacturers,
suppliers, and distributors of
application equipment and materials
storage such as spray booths, spray
guns, and sealed containers for cleaning
rags for use within the District. The
District’s amendments establish revised
VOC content limits, as set forth in Table
1, for automotive coatings and cleaning
solvents used in the preparation,
application, and drying phases of
vehicle refinishing. The District’s
amendments also establish coating
application standards, work practices,
operator training standards, and
compliance and recordkeeping
standards. Table 1 lists the revised VOC
limits adopted by the District in 2016.
TABLE 1—ALLOWABLE VOC CONTENT IN AUTOMOTIVE COATINGS FOR MOTOR VEHICLE AND MOBILE EQUIPMENT NONASSEMBLY LINE REFINISHING AND RECOATING
VOC regulatory limit as
applied *
Coating category
(Pounds per
gallon)
Adhesion promoter ..................................................................................................................................................
Automotive pretreatment coating .............................................................................................................................
Automotive primer ....................................................................................................................................................
Clear coating ............................................................................................................................................................
Color coating, including metallic/iridescent color coating ........................................................................................
Multicolor coating .....................................................................................................................................................
Other automotive coating type ................................................................................................................................
Single-stage coating, including single-stage metallic/iridescent coating .................................................................
Temporary protective coating ..................................................................................................................................
Truck bed liner coating ............................................................................................................................................
Underbody coating ...................................................................................................................................................
Uniform finish coating ..............................................................................................................................................
(Grams per
liter)
4.5
5.5
2.1
2.1
3.5
5.7
2.1
2.8
0.50
1.7
3.6
4.5
540
660
250
250
420
680
250
340
60
200
430
540
* VOC regulatory limit as applied = Weight of VOC per Volume of Coating (prepared to manufacturer’s recommended maximum VOC content,
minus water and non-VOC solvents).
Table 2 sets forth the old VOC limits
from the 2002 MERR rule that were
previously adopted into the District’s
regulations and approved as SIP
revisions by EPA. The revised rule
allows automotive refinishing facilities
in operation as of February 9, 2016 to
use automotive coatings complying with
Table II and existing stocks of solvents
until March 1, 2017.
TABLE 2—ALTERNATIVE ALLOWABLE CONTENT OF VOCS IN AUTOMOTIVE COATINGS FOR MOTOR VEHICLE AND MOBILE
EQUIPMENT NON-ASSEMBLY LINE REFINISHING AND RECOATING
VOC regulatory limit as
applied *
Coating category
(Pounds per
gallon)
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Automotive pretreatment primer ..............................................................................................................................
Automotive primer-surfacer .....................................................................................................................................
Automotive primer-sealer .........................................................................................................................................
Single stage-topcoat ................................................................................................................................................
2 stage basecoat/clearcoat ......................................................................................................................................
3 or 4-stage basecoat/clearcoat ..............................................................................................................................
Automotive multicolored ..........................................................................................................................................
Automotive specialty coating ...................................................................................................................................
(Grams per
liter)
6.5
4.8
4.6
5.0
5.0
5.2
5.7
7.0
780
575
550
600
600
625
680
840
** VOC regulatory limit as applied = Weight of VOC per Volume of Coating (prepared to manufacturer’s recommended maximum VOC content,
minus water and non-VOC solvents).
III. Proposed Action
EPA has reviewed the District’s
updated Motor Vehicle and Mobile
Equipment Non-Assembly Line Coating
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Operations Regulations rule and is
proposing to approve this rule as a SIP
revision. EPA concludes that the
District’s updated MVMERR rule in 20
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DCMR Sections 714.3(a)(1), 718, and
799 are consistent with the
requirements and limits in the OTC’s
2009 MVMERR model rule. EPA is
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
soliciting public comments on the
issues discussed in this document
relevant to the District’s update of the
2002 MERR model rule to incorporate
the OTC’s 2009 MVMERR model rule.
These comments will be considered
before taking final action.
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IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
revisions to 20 DCMR Sections
714.3(a)(1), 718, and 799. EPA has
made, and will continue to make, these
materials generally available through
https://www.regulations.gov and at the
EPA Region III Office (please contact the
person identified in the ‘‘For Further
Information Contact’’ section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
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• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule, the
District’s update to the 2002 MERR rule
does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the SIP is not approved to apply in
Indian country located in the state, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 24, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2019–14259 Filed 7–5–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0153; FRL–9995–58–
Region 4]
Air Plan Approval; North Carolina:
Amendments of Air Quality Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the North
Carolina Department of Environmental
Quality, Division of Air Quality (DAQ),
through a letter dated March 21, 2018,
readopting and amending air quality
SUMMARY:
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32359
rules related to transportation
conformity requirements in the State of
North Carolina. This action is being
taken pursuant to section 110 of the
Clean Air Act (CAA or Act).
DATES: Comments must be received on
or before August 7, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2019–0153 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. Sheckler’s telephone number is
(404) 562–9222 . She can also be
reached via electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve a SIP
revision submitted by DAQ, through a
letter dated March 21, 2018, seeking to
readopt and amend the air quality rules
pertaining to transportation conformity
in the North Carolina SIP.1 North
Carolina’s SIP submission revises the
following North Carolina regulations in
15A NCAC 2D Section .2000: Section
.2001 Purpose, Scope and Applicability,
Section .2002 Definitions, Section .2003
Transportation Conformity
1 EPA received the official electronic version of
the submittal on April 4, 2018. EPA has already
taken action on the other North Carolina changes
submitted through the cover letter dated March 21,
2018, in a separate action. See 84 FR 14308.
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]]>Agencies
[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32356-32359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14259]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0246; FRL-9996-06-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Amendments to the Control of Emissions of
Volatile Organic Compounds From Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve part of a state implementation plan (SIP) revision submitted by
the District of Columbia (the District) on August 29, 2018. The part of
the August 29, 2018 SIP revision being proposed for approval is an
update to the 2002 Mobile Equipment Repair and
[[Page 32357]]
Refinishing (MERR) model rule to incorporate the Ozone Transport
Commission's (OTC) 2009 Motor Vehicle and Mobile Equipment Non-Assembly
Line Coating Operations regulations (MVMERR) model rule, which was
adopted by the District in 2016. The MVMERR rules establish volatile
organic compounds (VOC) content limits for coating and cleaning
solvents used in vehicle refinishing and standards for coating
application, work practices, monitoring, and recordkeeping. The
remaining part of the August 29, 2018 SIP revision addressed the
District's VOC Reasonable Available Control Technology (RACT)
requirements for the 2008 ozone national ambient air quality standards
(NAAQS). EPA will address the VOC RACT portion of the SIP revision in a
separate rulemaking action. This action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be received on or before August 7, 2019.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2019-0246 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat, Planning &
Implementation Branch (3AD30) Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2036. Mr. Gregory A. Becoat can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On August 29, 2018, the District of Columbia
Department of Energy and Environment (DOEE) submitted a SIP revision
for EPA approval which included the District's 2016 update to its 2002
MERR rule, found at Title 20 (Environment), District Municipal
Regulations (DCMR) Subtitle A (Air Quality), Chapter 7--Volatile
Organic Compounds. The District's 2016 update revised its existing,
SIP-approved 2002 MERR rule to include the OTC's 2009 MVMERR model
rule. The DOEE's August 29, 2018 SIP revision also addressed all the
VOC requirements of RACT set forth by the CAA for the 2008 8-hour ozone
NAAQS (the 2008 VOC RACT Submission). The portion addressing the 2008
VOC RACT requirements will be addressed in a separate rulemaking
notice.
I. Background
A. General
Ozone is formed in the atmosphere by photochemical reactions
between VOCs and nitrogen oxides (NOX) in the presence of
sunlight. In order to reduce these ozone concentrations, the CAA
requires control of VOC and NOX emission sources to achieve
emission reductions in moderate or more serious ozone nonattainment
areas.
Section 184(a) of the CAA established a single ozone transport
region (OTR), comprising all or part of 12 eastern states and the
District.\1\ The District is part of the OTR and, therefore, must
comply with the RACT requirements in section 184(b)(1)(B) and (2) of
the CAA. In December 1999, EPA identified emission reduction shortfalls
in several severe 1-hour ozone nonattainment areas, including those
located in the OTR. As a result, the OTC developed model rules for a
number of source categories. One of the model rules was to reduce VOC
emissions from automotive coatings and cleaning solvents associated
with non-assembly line refinishing or recoating of motor vehicles,
mobile equipment, and their associated parts and components. The 2002
MERR model rule was originally approved by EPA into the District's SIP
on December 23, 2004 (69 FR 76857) as part of a regional effort to
attain and maintain the 1-hour ozone NAAQS. The 2009 MVMERR Model Rule
is a revision of the 2002 MERR Model Rule developed by the OTC. The
California Air Resources Board (CARB) Suggested Control Measure (SCM)
for Automotive Coatings, published October 2005, formed the basis for
the revisions to the 2009 MVMERR Model Rule.
---------------------------------------------------------------------------
\1\ Only a portion of the Commonwealth of Virginia is included
in the OTR.
---------------------------------------------------------------------------
B. Source Description
Automobile refinishing includes the application of coatings
following the manufacture of original equipment. ``Automobile'' or
``vehicle'' in this category refers to passenger cars, trucks, vans,
motorcycles, and other mobile equipment capable of being driven on the
highway. Automobile refinishing work typically consists of structural
repair, surface preparation, and painting, and includes operations in
auto body repair/paint shops, production auto body paint shops, new car
dealer repair/paint shops, fleet operator repair/paint shops, and
custom-made car fabrication facilities. The steps involved in
automobile refinishing include surface preparation, coating
applications, and spray equipment. VOC emissions result from the
evaporation of solvents during each of these processes and can be
controlled through the use of compliant coatings and solvents, the use
of application equipment with increased transfer efficiency, and
stringent work practice standards.
The main categories of coatings are primers and topcoats. The
primer category consists of pretreatment wash primers, primers, primer
surfacers, and primer sealer. Topcoats are applied over the primer
coats and provide the final color to the refinished area. Primers and
coatings can be classified as lacquer, enamel, or urethane coatings.
Each coating differs in its chemistry, durability, and VOC content.
Some additives and specialty coatings are necessary for unusual
performance requirements and are used in relatively small amounts to
improve desirable properties. Additives and special coatings include
adhesion promoters, uniform refinish blenders, elastomeric materials
for flexible plastic parts, gloss flatteners, and anti-glare/safety
coatings. For additional information, see EPA's ``Alternative Control
Techniques (ACT) Document: Automobile Body Refinishing'' (EPA-453/R-94-
031, April 1994).
II. Summary of SIP Revision
On August 29, 2018, the DOEE submitted a SIP revision which
included the District's 2016 update to its 2002, SIP-approved MERR rule
to incorporate the OTC's 2009 Model Rule for Motor Vehicle and Mobile
Equipment Non-Assembly Line Coating
[[Page 32358]]
Operations Regulations. A redline/strikeout version showing the changes
is included in the docket for this action. If approved, the SIP
revision would make the District's 2016 amended rule federally
enforceable. The OTC's 2009 MVMERR model rule was established to reduce
VOC emissions from automotive coatings and cleaning solvents associated
with the non-assembly line refinishing or recoating of motor vehicles,
mobile equipment, and their associated parts and components.
The District submitted amendments to Sections 714--Control
Techniques, Section 718--Mobile Equipment Repair and Refinishing, and
Section 799--Definitions, in order to implement the OTC's 2009 MVMERR
model rule. Affected sources include: Auto body and repair facilities,
fleet operator repair and paint facilities, new and used auto dealer
repair and paint facilities, and after-market auto customizing and
detailing facilities located throughout the District; manufacturers,
suppliers, and distributors of coatings and cleaning solvents intended
for use and application to motor vehicles, mobile equipment, and
associated components within the District; and manufacturers,
suppliers, and distributors of application equipment and materials
storage such as spray booths, spray guns, and sealed containers for
cleaning rags for use within the District. The District's amendments
establish revised VOC content limits, as set forth in Table 1, for
automotive coatings and cleaning solvents used in the preparation,
application, and drying phases of vehicle refinishing. The District's
amendments also establish coating application standards, work
practices, operator training standards, and compliance and
recordkeeping standards. Table 1 lists the revised VOC limits adopted
by the District in 2016.
Table 1--Allowable VOC Content in Automotive Coatings for Motor Vehicle
and Mobile Equipment Non-Assembly Line Refinishing and Recoating
------------------------------------------------------------------------
VOC regulatory limit as
applied *
Coating category -------------------------------
(Pounds per (Grams per
gallon) liter)
------------------------------------------------------------------------
Adhesion promoter....................... 4.5 540
Automotive pretreatment coating......... 5.5 660
Automotive primer....................... 2.1 250
Clear coating........................... 2.1 250
Color coating, including metallic/ 3.5 420
iridescent color coating...............
Multicolor coating...................... 5.7 680
Other automotive coating type........... 2.1 250
Single-stage coating, including single- 2.8 340
stage metallic/iridescent coating......
Temporary protective coating............ 0.50 60
Truck bed liner coating................. 1.7 200
Underbody coating....................... 3.6 430
Uniform finish coating.................. 4.5 540
------------------------------------------------------------------------
* VOC regulatory limit as applied = Weight of VOC per Volume of Coating
(prepared to manufacturer's recommended maximum VOC content, minus
water and non-VOC solvents).
Table 2 sets forth the old VOC limits from the 2002 MERR rule that
were previously adopted into the District's regulations and approved as
SIP revisions by EPA. The revised rule allows automotive refinishing
facilities in operation as of February 9, 2016 to use automotive
coatings complying with Table II and existing stocks of solvents until
March 1, 2017.
Table 2--Alternative Allowable Content of VOCs in Automotive Coatings
for Motor Vehicle and Mobile Equipment Non-Assembly Line Refinishing and
Recoating
------------------------------------------------------------------------
VOC regulatory limit as
applied *
Coating category -------------------------------
(Pounds per (Grams per
gallon) liter)
------------------------------------------------------------------------
Automotive pretreatment primer.......... 6.5 780
Automotive primer-surfacer.............. 4.8 575
Automotive primer-sealer................ 4.6 550
Single stage-topcoat.................... 5.0 600
2 stage basecoat/clearcoat.............. 5.0 600
3 or 4-stage basecoat/clearcoat......... 5.2 625
Automotive multicolored................. 5.7 680
Automotive specialty coating............ 7.0 840
------------------------------------------------------------------------
** VOC regulatory limit as applied = Weight of VOC per Volume of Coating
(prepared to manufacturer's recommended maximum VOC content, minus
water and non-VOC solvents).
III. Proposed Action
EPA has reviewed the District's updated Motor Vehicle and Mobile
Equipment Non-Assembly Line Coating Operations Regulations rule and is
proposing to approve this rule as a SIP revision. EPA concludes that
the District's updated MVMERR rule in 20 DCMR Sections 714.3(a)(1),
718, and 799 are consistent with the requirements and limits in the
OTC's 2009 MVMERR model rule. EPA is
[[Page 32359]]
soliciting public comments on the issues discussed in this document
relevant to the District's update of the 2002 MERR model rule to
incorporate the OTC's 2009 MVMERR model rule. These comments will be
considered before taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference revisions to 20 DCMR Sections 714.3(a)(1), 718, and 799. EPA
has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the ``For Further
Information Contact'' section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, the District's update to the 2002
MERR rule does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 24, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2019-14259 Filed 7-5-19; 8:45 am]
BILLING CODE 6560-50-P
