[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.

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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 
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 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 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.
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    \1\ Only a portion of the Commonwealth of Virginia is included 
in the OTR.
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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).

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


