UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Proposed Rulemaking

for the

California State Implementation Plan

San Joaquin Valley Unified Air Pollution Control District, Rule 4612,
Motor Vehicle and Mobile Equipment Coating Operations

Prepared by: Nicole Law

Reviewed by: Andrew Steckel 

	August 2011

RULE IDENTIFICATION 

Agency:			San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD)

SIP Approved Rule:	Rule 4612- Motor Vehicle and Mobile Equipment Coating
Operations – Phase II

Amended – September 20, 2007; Submitted – March 7, 2008

EPA Approved – January 19, 2010 (75 FR 2796)

Subject of this TSD:	Rule 4612- Motor Vehicle and Mobile Equipment
Coating Operations – 

Amended – October 21, 2010; Submitted – April 5, 2011

RULE SUMMARY –SJVUAPCD Rule 4612, Motor Vehicle and Mobile Equipment
Coating Operations is a rule designed to limit volatile organic compound
(VOC) emissions associated with coating of motor vehicles, mobile
equipment, and related parts and components.   The rule also limits VOC
emissions from organic solvent cleaning, storage, and disposal
associated with such operations and describes administrative
requirements for maintaining records, recordkeeping, and test methods. 
Rule 4612 has been revised to remove redundant language and clarify the
intent of requirements of the rule.  Changes from the SIP approved Rule
4612 rule include:

1.	Renamed the rule to remove the “Phase II” label, as that
terminology is no longer used. 

Edited definitions in Section 3. Definition of an “aerosol coating
product” has been reworded and definitions for “operator” and
“permanently labeled” have been added. 

Edited an exemption in section 4.1.4.  The exemption now clarifies that
coatings applied to new motor vehicles or motor vehicle equipment during
manufacture on an assembly line are regulated under District Rule 4602
Motor Vehicle Assembly Coatings.

Updated coating limits in Section 5 to remove effective dates and
expired limits.  Also removed from this section are repetitive
references to the VOC emission control system option (former sections
5.3 and 5.4.2).  New sections 5.7.3.1 and 5.7.3.2 were added to clarify
requirements for High-Volume Low-Pressure spray equipment.  Section
5.7.4 was edited to clarify what is required if a spray gun is used to
comply with coating application methods.

Small additions were made to Section 6.0, Administrative Requirements. 
Section 6.4 clarifies that records need to be maintained on a daily
basis and the quantity of each type of coating used is information that
needs to be recorded.  

EPA EVALUATION - The following criteria were used to evaluate the
submitted rule.  

1.	Enforceability - The Bluebook (Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the
Little Bluebook (Guidance Document for Correcting Common VOC & Other
Rule Deficiencies, EPA Region 9, August 21, 2001) and State
Implementation Plans, General Preamble for the Implementation of Title I
of the Clean Air Amendments of 1990 (57 FR 13498, April 16, 1992) were
used to help evaluate compliance with the CAA §110(a)(2)(A) requirement
for enforceability.  

2.	RACT – CARB’s Suggested Control Measure (SCM) titled,
“Suggested Control Measure for Automotive Coatings,” SJVUAPCD’s
2009 RACT SIP Demonstration (April 16, 2009), “Preamble, Final Rule to
Implement the 8-hour Ozone National Ambient Air Quality Standard: (70 FR
71612 November 29, 2005), Letter from William T. Hartnett to Regional
Air Division Directors, “RACT Qs & As – Reasonable Available Control
Technology (RACT) Questions and Answers” (May 18, 2006),  and other
state and local rules for this category were used to help evaluate the
RACT requirements of CAA §182(b)(2).  

3.	SIP Relaxation - Where previous versions of rules have been SIP
approved, new submittals must comply with CAA §110(l) and §193
regarding SIP relaxations.

The Staff Report which accompanies SJVUAPCD Rule 4612 includes a RACT
Analysis.  We concur with SJVUAPCD’s conclusion that Rule 4612
implements RACT for reasoning including:

Rule 4612 closely resembles California Air Resources Board’s Suggested
Control Measure for Automotive Coatings.  This is a recent guidance
document from 2005 and we believe a reliable source for satisfying RACT.
 

SJVUAPCD, SCAQMD and the other large California nonattainment agencies
generally have among the most stringent stationary source requirements
nationwide, and we are not aware of other reasonably available
technological or operational controls likely to significantly reduce
additional emission from this activity.

However, we note that we do not agree with the complete analysis.
Section VIII. B of the staff report states that two categories (precoat
and Topcoat-Metallic/Iridescent) are not as stringent as other district
rules and Table 3 of the staff report depicts this also.  We believe
this is an incorrect analysis as discussed in our final rulemaking
notice where the approval of the March 7, 2008 submittal was finalized
(75 FR 2798, Response #4) on January 19, 2010.  

The submitted rule is as stringent as CARB’s 2005 SCM for Automotive
Coatings and fulfils RACT requirements.  The recordkeeping and other
requirements generally ensure that the submitted rule can be enforced. 
Lastly, the submitted rule revisions clarify and eliminates repetition
in the version previously approved into the SIP, so the submitted rule
does not relax the SIP and complies with §110(l) and §193. 

RULE DEFICIENCIES – We have identified no deficiencies with Rule 4612
sufficient for EPA to propose less than full approval. 

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION – There are no
additional recommendations for the next rule revision.

EPA ACTION -

The submitted revisions to Rule 4612 strengthen and clarify the SIP.   
The rule largely fulfils the relevant CAA §110 and part D requirements.
 EPA staff recommends approval of Rule 4612 pursuant to CAA §110(k)(3)
and §301(a). 

REFERENCES - 

1.	SJVUAPCD Rule 4612, Motor Vehicle and Mobile Equipment Coating
Operations – Phase II, as approved into the SIP on January 19, 2010.

2.	SJVUAPCD Rule 4612, Motor Vehicle and Mobile Equipment Coating
Operations, as submitted on April 5, 2011. 

3.	“Suggested Control Measure for Automotive Coatings,” CARB,
October 2005.

http://www.arb.ca.gov/coatings/autorefin/scm/sreport/appenda.pdf

4. 	“Reasonably Available Control Technology (RACT) Demonstration for
Ozone State Implementation Plans (SIP)” SJVAPCD, April 16, 2009.

5.	“Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 (cover only).

6.	“Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21,
2001 (cover only).

7. 	Portions of the proposed post-1987 ozone and carbon monoxide policy
that concern RACT, 52 FR 45044, November 24, 1987.

8.  	“State Implementation Plans, General Preamble for the
Implementation of Title I of the Clean Air Amendments of 1990” 57 FR
13498, April 16, 1992.

9.	“Preamble, Final Rule to Implement the 8-hour Ozone National
Ambient Air Quality Standard” 70 FR 71612; Nov. 29, 2005.

10.	Letter from William T. Hartnett to Regional Air Division Directors,
“RACT Qs & As – Reasonable Available Control Technology (RACT)
Questions and Answers,” May 18, 2006.

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