Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to Control of Volatile Organic Compounds Mobile Equipment Repair and Refinishing Rule Regulation, 8561-8564 [2021-02557]
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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules
B. Format of Public Hearings
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The Office will establish time limits
for each panel after receiving all
requests to testify. Generally, the Office
plans to allot approximately one to two
hours for each proposed class, although
it may adjust the timing depending
upon the complexity of the class. In
addition, members of the public will be
provided a limited opportunity to offer
additional comments for the record, but
parties who wish to provide detailed
information to the Office are encouraged
to submit a request to testify.
Witnesses should expect the Office to
have carefully studied all written
comments, and the Office will expect
witnesses to have done the same with
respect to the classes for which they
will be presenting. The hearings will
focus on legal or factual issues that are
unclear or underdeveloped in the
written record, as identified by the
Office, as well as demonstrative
evidence.
The Office stresses that factual
information is critical to the rulemaking
process, and witnesses should be
prepared to discuss, among other things,
where the copies of the works sought to
be accessed are stored, how the works
would be accessed, and what would be
done with the works after being
accessed. The Office also encourages
witnesses to provide real-world
examples to support their arguments. In
some cases, the best way to do this may
be to provide a description or
demonstration of a claimed
noninfringing use or the technologies
pertinent to a proposal. As noted above,
a person wishing to provide a
demonstration should include a request
to do so with the request to testify, using
the appropriate space on the form.
Persons should consider whether a
demonstration is able to be presented in
a format that enables it to be viewed by
participants and observers via Zoom. To
ensure proper documentation of the
hearings, the Office will require that a
copy of any audio, visual, or
audiovisual materials (e.g., slideshows
and videos) be provided to the Office
following the hearing. The Office may
contact witnesses individually ahead of
time to ensure that demonstrations can
be preserved for the record in an
appropriate form.
C. Ex Parte Communication
During the seventh triennial
rulemaking, the Office issued guidelines
according to which interested parties
could request informal meetings with
the Office. The Office intends to issue
similar guidelines in this proceeding.
Consistent with its prior practice, the
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Office will establish requirements to
ensure transparency, including that
participating parties submit a list of
attendees and a written summary of any
oral communications, which will be
posted on the Office’s website. The ex
parte guidelines will be made available
at https://www.copyright.gov/1201/
2021/ following the completion of the
public hearings. No ex parte meetings in
this proceeding will be scheduled before
that time.
As in prior proceedings, such
informal communications may
supplement, but not substitute for, the
written record and testimony at the
public hearings. The primary means to
communicate views in the course of the
rulemaking will continue to be through
the submission of written comments
and testimony at the public hearings.
Dated: February 2, 2021.
Regan A. Smith,
General Counsel and Associate Register of
Copyrights.
[FR Doc. 2021–02464 Filed 2–5–21; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0522; FRL–10016–
86–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Amendments to Control of
Volatile Organic Compounds Mobile
Equipment Repair and Refinishing
Rule Regulation
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 Delaware Department
of Natural Resources and Environmental
Control (DNREC). This SIP revision
consists of the 2010 amendments to the
State of Delaware’s Mobile Equipment
Repair and Refinishing (MERR)
regulations to incorporate the Ozone
Transport Commission’s (OTC) 2009
Motor Vehicle and Mobile Equipment
Non-Assembly Line Coating Operations
regulations (MVMERR) model rule. The
MVMERR rule establishes updated
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. This action is being
taken under the Clean Air Act (CAA).
SUMMARY:
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Written comments must be
received on or before March 10, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2020–0522 at https://
www.regulations.gov, or via email to
gordon.mike@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:
Mike Gordon, 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)
814–2039. Mr. Gordon can also be
reached via electronic mail at
gordon.mike@epa.gov.
DATES:
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, including all of the State of
Delaware. Section 176a of the CAA
requires that when a transport region is
established, the Administrator must also
establish a transport commission
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consisting of certain representatives
from each state included within the
transport region. See CAA section
176a(b)(1). Following creation of the
OTR, an Ozone Transport Commission
(OTC) was established in accordance
with the requirements of CAA section
176a(b)(1). 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, the 2002 MERR Model Rule, was
developed 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
OTC 2002 MERR Model Rule applies to
a person who applies mobile equipment
repair and refinishing or color matched
coatings to mobile equipment or mobile
equipment components. Delaware’s
regulations adopting the OTC 2002
MERR model rule were originally
approved by EPA into Delaware’s SIP on
November 22, 2002 (67 FR 70315) as
part of a regional effort to attain and
maintain the 1-hour ozone NAAQS.
The OTC 2009 MVMERR Model
Rule 1 is a revision of the 2002 MERR
Model Rule developed by the OTC. The
OTC’s 2009 MVMERR Model Rule is
based upon the California Air Resources
Board’s (CARB) Suggested Control
Measure (SCM) for Automotive
Coatings, published October 2005. In
order to keep Delaware’s regulations upto-date with the OTC’s 2009 MVMERR
Model Rule, Delaware revised its
regulations, found at 7 DE Admin Code
1124, Control of Volatile Organic
Compound Emissions; Section 11.0
Mobile Equipment Repair and
Refinishing (Delaware’s 2010 amended
MERR rule), on September 17, 2010.
Delaware then submitted these 2010
amendments to EPA as a SIP revision on
May 6, 2020.2
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1 The OTC 2009 MVMERR Model Rule is
available online at https://otcair.org/
document.asp?fview=modelrules and included in
the docket for this rulemaking, available online at
https://www.regulations.gov, Docket ID: EPA–R03–
OAR–2020–0522.
2 During a recent internal review of the Delaware
SIP, DNREC discovered that it had never submitted
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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).3
the 2010 Delaware regulatory changes adopting the
2009 OTC MVMERR Model Rule to EPA as a SIP
revision. DNREC therefore submitted this SIP
revision in May 2020 so that the EPA-approved SIP
would correctly reflect the Delaware regulations.
3 EPA’s ACT for Automobile Body Refinishing is
available online at https://www.epa.gov/ground-
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II. Summary of SIP Revision and EPA
Analysis
On May 6, 2020, DNREC submitted a
SIP revision consisting of amendments
to its MERR rule to incorporate the OTC
2009 MVMERR Model Rule. If approved
into the SIP, Delaware’s 2010 amended
MERR rule would be federally
enforceable. Affected sources within the
State of Delaware include: Auto body
and repair facilities; fleet operator repair
and paint facilities; new and used auto
dealer repair and paint facilities; aftermarket auto customizing and detailing
facilities; manufacturers, suppliers, and
distributors of coatings and cleaning
solvents intended for use and
application to motor vehicles, mobile
equipment, and associated components;
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 State of Delaware.
As summarized in Delaware’s
transmittal memo for this SIP revision,
this SIP revision to Delaware’s existing
regulation, 7 DE Admin Code 1124,
reduces the VOC contents of currently
regulated coatings, regulates additional
coating categories, requires the use of
coating application equipment that
provides for high transfer efficiency,
and requires that surface cleaning
solvent contain no more than 25 grams
of VOC per liter. More specifically,
Delaware’s 2010 amended MERR rule
establishes revised VOC content limits
for automotive coatings and cleaning
solvents used in the preparation,
application, and drying phases of
vehicle refinishing. Delaware’s 2010
amended MERR rule also establishes
coating application standards, work
practices, operator training standards,
and compliance and recordkeeping
standards. Table 1 lists the revised VOC
limits adopted by the State of Delaware
in 2010, and compares them to the
standards set in the OTC 2009 MVMERR
Model Rule.
level-ozone-pollution/control-techniquesguidelines-and-alternative-control-techniques and
is included in the docket for this rulemaking,
available online at https://www.regulations.gov,
Docket ID: EPA–R03–OAR–2020–0522.
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TABLE 1—ALLOWABLE VOC CONTENT IN AUTOMOTIVE COATINGS FOR MOTOR VEHICLE AND MOBILE EQUIPMENT NONASSEMBLY LINE REFINISHING AND RECOATING
VOC regulatory limit as applied *
Delaware’s 2010 amended
MERR rule
Coating category
(Pounds per
gallon)
Adhesion promoter ......................................................................................................................
Automotive pretreatment coating .................................................................................................
Automotive primer ........................................................................................................................
Cavity Wax ...................................................................................................................................
Clear coating ................................................................................................................................
Color coating, including metallic/iridescent color coating ............................................................
Deadener .....................................................................................................................................
Gasket/Gasket material ...............................................................................................................
Lubricating wax compound ..........................................................................................................
Multicolor coating .........................................................................................................................
Sealer ...........................................................................................................................................
Single-stage coating, including single-stage metallic/iridescent coating .....................................
Temporary protective coating ......................................................................................................
Truck bed liner coating ................................................................................................................
Truck interior ................................................................................................................................
Underbody coating .......................................................................................................................
All other coating ...........................................................................................................................
4.5
5.5
2.1
5.4
2.1
3.5
5.4
1.7
5.8
5.7
5.4
2.8
0.50
1.7
5.4
3.6
2.1
(Grams per
liter)
2009 OTC
MVMERR
model rule
(Grams per
liter)
540
660
250
650
250
420
650
200
700
680
650
340
60
200
650
430
250
540
660
250
(**)
250
420
(**)
(**)
(**)
680
(**)
340
60
310
(**)
430
250
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* VOC regulatory limit as applied means the weight of VOC per volume of coating (prepared to manufacturer’s recommended maximum VOC
content, minus water and non-VOC solvents).
** 2009 OTC MVMERR did not contain a cateogory for this type of automotive coating.
Delaware’s 2010 amended MERR rule
incorporates without any revisions the
VOC limits for all the available coating
categories found in the OTC’s 2009
MVMERR model rule. In addition,
Delaware’s 2010 amended MERR rule
requires that surface cleaning solvent
contain no more than 25 grams of VOC
per liter, as required by the 2009 OTC
MVMERR Model Rule. All the VOC
limits in Delaware’s 2010 amended
MERR rule are as stringent as the limits
in the 2009 OTC MVMERR Model Rule,
as shown in Table 1 of this document.
Approval of Delaware’s 2010 amended
MERR rule into the SIP would make
these limits, the coating and cleaning
solvent VOC content limits, and the use
of coating application equipment which
provides high transfer efficiency,
federally enforceable. The VOC
reductions resulting from Delaware’s
adoption of the 2010 changes to
implement the 2009 OTC MVMERR
Model Rule have been occurring since
the effective date of Delaware’s
amended regulations, and upon final
approval of this SIP revision, will
become federally enforceable and will
continue to be federally enforceable
until such time as Delaware submits,
and EPA approves, a SIP revision to
revise these limits. Approving
Delaware’s 2010 amended MERR rule
into the SIP strengthens Delware’s SIP,
and EPA is therefore proposing to
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section of
this preamble for more information).
approve it into the Delaware SIP as a
SIP strengthening measure.
FURTHER INFORMATION CONTACT
III. Proposed Action
V. Statutory and Executive Order
Reviews
EPA is proposing to approve
Delaware’s 2010 amended MERR rule as
a SIP revision. EPA has determined that
Delaware’s 2010 amended MERR rule is
consistent with the requirements and
limits in the 2009 OTC MVMERR Model
Rule. Therefore, its approval into the
Delaware SIP would result in the VOC
reductions in the 2010 amended MERR
rule becoming federally enforceable and
strengthen the SIP. EPA is soliciting
public comments on the issues
discussed in this document relevant to
Delaware’s 2010 amended MERR 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 7 DE Admin Code 1124
Control of Volatile Organic Compound
Emissions Section 11.0 Mobile
Equipment Repair and Refinishing. 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
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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 it is not a ‘‘significant
regulatory action’’ 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
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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 (Pub. L. 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
rulemaking, in which EPA is proposing
approval of Delaware’s 2010 amended
MERR rule to incorporate the 2009 OTC
MVMERR Model 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.
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Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–02557 Filed 2–5–21; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0712; FRL–10019–
50–Region 1]
Air Plan Approval; Rhode Island;
Control of Volatile Organic Compound
Emissions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
Rhode Island. These revisions update
Rhode Island air pollution control
regulations for volatile organic
compound (VOC) emissions from
consumer products and architectural
and industrial maintenance coatings.
The intended effect of this action is to
propose approval of the revised
regulations. This action is being taken
under the Clean Air Act.
DATES: Written comments must be
received on or before March 10, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2020–0712 at https://
www.regulations.gov, or via email to
Mackintosh.David@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, the 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. The 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://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
SUMMARY:
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U.S. Environmental Protection Agency,
EPA Region 1, Air and Radiation
Division, 5 Post Office Square—Suite
100, Boston, MA. EPA requests that if at
all possible, you contact the contact
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays and facility
closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
David L. Mackintosh, Air Quality
Planning Branch, U.S. Environmental
Protection Agency, EPA Region 1, Air
and Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA, tel.
617–918–1584, email
Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. EPA’s Evaluation of the Submittal
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On January 24, 2020, the Rhode Island
Department of Environmental
Management submitted to EPA a State
Implementation Plan (SIP) revision
containing three revised air pollution
control regulations: 250–RICR–120–
05–0, ‘‘General Definitions’’; 250–RICR–
120–05–31, ‘‘Control of Volatile Organic
Compounds from Consumer Products’’;
and 250–RICR–120–05–33, ‘‘Control of
Volatile Organic Compounds from
Architectural Coatings and Industrial
Maintenance Coatings.’’ These revised
regulations became effective in Rhode
Island on January 9, 2017. In each
regulation Rhode Island has submitted
to EPA for incorporation into the SIP, its
subsection 2 ‘‘Application’’ has been
stricken from the rule. Rhode Island
notes that this language is only relevant
in Rhode Island and not intended to be
incorporated into the Rhode Island SIP.
On April 1, 2020, Rhode Island
modified its January 24, 2020, SIP
revision request by withdrawing 250–
RICR–120–05–33, ‘‘Control of Volatile
Organic Compounds from Architectural
Coatings and Industrial Maintenance
Coatings.’’ On July 22, 2020, Rhode
Island submitted to EPA a SIP revision
containing a more recently amended
version of 250–RICR–120–05–33,
‘‘Control of Volatile Organic
Compounds from Architectural Coatings
and Industrial Maintenance Coatings.’’
Again, its subsection 2 ‘‘Application’’
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[Federal Register Volume 86, Number 24 (Monday, February 8, 2021)]
[Proposed Rules]
[Pages 8561-8564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02557]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0522; FRL-10016-86-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to Control of Volatile Organic Compounds Mobile
Equipment Repair and Refinishing Rule Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Delaware Department of Natural Resources and Environmental Control
(DNREC). This SIP revision consists of the 2010 amendments to the State
of Delaware's Mobile Equipment Repair and Refinishing (MERR)
regulations to incorporate the Ozone Transport Commission's (OTC) 2009
Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations
regulations (MVMERR) model rule. The MVMERR rule establishes updated
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. This action
is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 10, 2021.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2020-0522 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: Mike Gordon, 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) 814-2039. Mr. Gordon can also be reached
via electronic mail at [email protected].
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, including
all of the State of Delaware. Section 176a of the CAA requires that
when a transport region is established, the Administrator must also
establish a transport commission
[[Page 8562]]
consisting of certain representatives from each state included within
the transport region. See CAA section 176a(b)(1). Following creation of
the OTR, an Ozone Transport Commission (OTC) was established in
accordance with the requirements of CAA section 176a(b)(1). 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, the 2002 MERR Model Rule, was
developed 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 OTC 2002 MERR Model Rule applies to a person who
applies mobile equipment repair and refinishing or color matched
coatings to mobile equipment or mobile equipment components. Delaware's
regulations adopting the OTC 2002 MERR model rule were originally
approved by EPA into Delaware's SIP on November 22, 2002 (67 FR 70315)
as part of a regional effort to attain and maintain the 1-hour ozone
NAAQS.
The OTC 2009 MVMERR Model Rule \1\ is a revision of the 2002 MERR
Model Rule developed by the OTC. The OTC's 2009 MVMERR Model Rule is
based upon the California Air Resources Board's (CARB) Suggested
Control Measure (SCM) for Automotive Coatings, published October 2005.
In order to keep Delaware's regulations up-to-date with the OTC's 2009
MVMERR Model Rule, Delaware revised its regulations, found at 7 DE
Admin Code 1124, Control of Volatile Organic Compound Emissions;
Section 11.0 Mobile Equipment Repair and Refinishing (Delaware's 2010
amended MERR rule), on September 17, 2010. Delaware then submitted
these 2010 amendments to EPA as a SIP revision on May 6, 2020.\2\
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\1\ The OTC 2009 MVMERR Model Rule is available online at
https://otcair.org/document.asp?fview=modelrules and included in the
docket for this rulemaking, available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2020-0522.
\2\ During a recent internal review of the Delaware SIP, DNREC
discovered that it had never submitted the 2010 Delaware regulatory
changes adopting the 2009 OTC MVMERR Model Rule to EPA as a SIP
revision. DNREC therefore submitted this SIP revision in May 2020 so
that the EPA-approved SIP would correctly reflect the Delaware
regulations.
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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).\3\
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\3\ EPA's ACT for Automobile Body Refinishing is available
online at https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques and is
included in the docket for this rulemaking, available online at
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2020-0522.
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II. Summary of SIP Revision and EPA Analysis
On May 6, 2020, DNREC submitted a SIP revision consisting of
amendments to its MERR rule to incorporate the OTC 2009 MVMERR Model
Rule. If approved into the SIP, Delaware's 2010 amended MERR rule would
be federally enforceable. Affected sources within the State of Delaware
include: Auto body and repair facilities; fleet operator repair and
paint facilities; new and used auto dealer repair and paint facilities;
after-market auto customizing and detailing facilities; manufacturers,
suppliers, and distributors of coatings and cleaning solvents intended
for use and application to motor vehicles, mobile equipment, and
associated components; 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
State of Delaware.
As summarized in Delaware's transmittal memo for this SIP revision,
this SIP revision to Delaware's existing regulation, 7 DE Admin Code
1124, reduces the VOC contents of currently regulated coatings,
regulates additional coating categories, requires the use of coating
application equipment that provides for high transfer efficiency, and
requires that surface cleaning solvent contain no more than 25 grams of
VOC per liter. More specifically, Delaware's 2010 amended MERR rule
establishes revised VOC content limits for automotive coatings and
cleaning solvents used in the preparation, application, and drying
phases of vehicle refinishing. Delaware's 2010 amended MERR rule also
establishes coating application standards, work practices, operator
training standards, and compliance and recordkeeping standards. Table 1
lists the revised VOC limits adopted by the State of Delaware in 2010,
and compares them to the standards set in the OTC 2009 MVMERR Model
Rule.
[[Page 8563]]
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 *
-----------------------------------------------
Delaware's 2010 amended MERR 2009 OTC
rule MVMERR model
Coating category -------------------------------- rule
---------------
(Pounds per (Grams per (Grams per
gallon) liter) liter)
----------------------------------------------------------------------------------------------------------------
Adhesion promoter............................................... 4.5 540 540
Automotive pretreatment coating................................. 5.5 660 660
Automotive primer............................................... 2.1 250 250
Cavity Wax...................................................... 5.4 650 (**)
Clear coating................................................... 2.1 250 250
Color coating, including metallic/iridescent color coating...... 3.5 420 420
Deadener........................................................ 5.4 650 (**)
Gasket/Gasket material.......................................... 1.7 200 (**)
Lubricating wax compound........................................ 5.8 700 (**)
Multicolor coating.............................................. 5.7 680 680
Sealer.......................................................... 5.4 650 (**)
Single-stage coating, including single-stage metallic/iridescent 2.8 340 340
coating........................................................
Temporary protective coating.................................... 0.50 60 60
Truck bed liner coating......................................... 1.7 200 310
Truck interior.................................................. 5.4 650 (**)
Underbody coating............................................... 3.6 430 430
All other coating............................................... 2.1 250 250
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* VOC regulatory limit as applied means the weight of VOC per volume of coating (prepared to manufacturer's
recommended maximum VOC content, minus water and non-VOC solvents).
** 2009 OTC MVMERR did not contain a cateogory for this type of automotive coating.
Delaware's 2010 amended MERR rule incorporates without any
revisions the VOC limits for all the available coating categories found
in the OTC's 2009 MVMERR model rule. In addition, Delaware's 2010
amended MERR rule requires that surface cleaning solvent contain no
more than 25 grams of VOC per liter, as required by the 2009 OTC MVMERR
Model Rule. All the VOC limits in Delaware's 2010 amended MERR rule are
as stringent as the limits in the 2009 OTC MVMERR Model Rule, as shown
in Table 1 of this document. Approval of Delaware's 2010 amended MERR
rule into the SIP would make these limits, the coating and cleaning
solvent VOC content limits, and the use of coating application
equipment which provides high transfer efficiency, federally
enforceable. The VOC reductions resulting from Delaware's adoption of
the 2010 changes to implement the 2009 OTC MVMERR Model Rule have been
occurring since the effective date of Delaware's amended regulations,
and upon final approval of this SIP revision, will become federally
enforceable and will continue to be federally enforceable until such
time as Delaware submits, and EPA approves, a SIP revision to revise
these limits. Approving Delaware's 2010 amended MERR rule into the SIP
strengthens Delware's SIP, and EPA is therefore proposing to approve it
into the Delaware SIP as a SIP strengthening measure.
III. Proposed Action
EPA is proposing to approve Delaware's 2010 amended MERR rule as a
SIP revision. EPA has determined that Delaware's 2010 amended MERR rule
is consistent with the requirements and limits in the 2009 OTC MVMERR
Model Rule. Therefore, its approval into the Delaware SIP would result
in the VOC reductions in the 2010 amended MERR rule becoming federally
enforceable and strengthen the SIP. EPA is soliciting public comments
on the issues discussed in this document relevant to Delaware's 2010
amended MERR 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 7 DE Admin Code 1124 Control of Volatile Organic
Compound Emissions Section 11.0 Mobile Equipment Repair and
Refinishing. 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 it is not a ``significant regulatory
action'' 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
[[Page 8564]]
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 (Pub. L. 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 rulemaking, in which EPA is proposing
approval of Delaware's 2010 amended MERR rule to incorporate the 2009
OTC MVMERR Model 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.
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-02557 Filed 2-5-21; 8:45 am]
BILLING CODE 6560-50-P
