[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.

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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 
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.

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
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                                                                         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)
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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

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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.

    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


