[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3824-3827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2228]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI15-1-6954a; A-1-FRL-5329-3]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Control of Volatile Organic Chemicals from Automotive
Refinishing Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Rhode Island. This revision establishes VOC
emission standards for automotive refinishing operations. The intended
effect of this action is to approve a revision to Rhode Island SIP
which reduces VOC emissions from automotive refinishing. This action is
being taken in accordance with Section 183(e) and Section 182(b)(1) of
the Clean Air Act.
DATES: This action is effective April 2, 1996, unless notice is
received by March 4, 1996 that adverse or critical comments will be
submitted. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystems Protection, U.S. Environmental Protection Agency,
Region I, JFK Federal Building, Boston, MA 02203. Copies of the
documents relevant to this action are available for public inspection
during normal business hours, by appointment at the Office of
Ecosystems Protection, U.S. Environmental Protection Agency, Region I,
One Congress Street, 10th floor, Boston, MA; Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, 401 M
Street, S.W., (LE-131), Washington, D.C. 20460; and the Division of Air
and Hazardous Materials, Department of Environmental Management, 291
Promenade Street, Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 565-3246.
SUPPLEMENTARY INFORMATION: Under section 183(a) of the Clean Air Act,
EPA was required to issue a control techniques guideline (CTG) for the
category of autobody refinishing. However, EPA has instead issued
guidance for this category in the form of an Alternative Control
Technology (ACT) guideline. While the ACT does not define reasonably
available control technology (RACT) standards for autobody refinishing,
it does include three control options with estimates of costs and
emission reductions for each option. In addition to the section 183(a)
requirements, Section 183(e) of the CAA, requires EPA to issue national
VOC emissions standards for consumer and commercial products, which
include automotive refinishing coatings. EPA expects to propose the
national rule for automotive refinishing coatings in early 1996. Rhode
Island decided to adopt rules for autobody refinishing in advance of a
federal rule, to get credit
[[Page 3825]]
for reductions from this category in its 15% plan.
Rhode Island was required to submit, by November 15, 1993, a SIP
revision for Reasonable Further Progress (RFP) for 15% reduction of
VOCs as necessary for moderate areas and above. The entire state of
Rhode Island is classified as serious nonattainment area, therefore the
15% plan must cover the entire state.
On November 24, 1993, the Rhode Island DEP submitted to EPA for
comment, proposed amendments to the SIP to address the RFP requirements
including new Air Pollution Control Regulations No. 30, Control of
Volatile Organic Compounds from Automobile Refinishing Operations.''
Rhode Island held public hearing on December 15, 1993 for its proposed
automotive refinishing rule. EPA submitted written comments regarding
the proposed regulation on December 14, 1993 and January 3, 1994. The
regulation was adopted on March 11, 1994 and became effective on March
31, 1994. Rhode Island submitted their adopted regulation as a formal
SIP submittal to EPA on March 17, 1994. On January 14, 1995, the Rhode
Island DEM submitted to EPA for comment proposed revisions to Air
Pollution Control Regulation 30, ``Control of Volatile Organic
Compounds from Automobile Refinishing Operations.'' Rhode Island held a
public hearing on the revised rule on April 17, 1995. EPA submitted
written comments on the proposed revisions on April 17, 1995. The
regulation became effective on July 17, 1995.
Subsequently, on June 27, 1995, the Rhode Island Department of
Environmental Management (DEM) submitted an amended Air Pollution
Control Regulation Number 30, ``Control of Volatile Organic Compounds
from Automobile Refinishing Operations.'' as a revision to the Rhode
Island SIP. The amended Regulation No. 30 in the June 27, 1995
submittal replaces Rhode Island's March 17, 1994 Regulation No. 30
submittal. The amended regulation changed the emission limit for
primer/primer surfacer coatings applied to Group I vehicles from 3.8
pounds of VOC/gallon of coating applied to 4.8 pounds of VOC/gallon of
coating applied.
The adopted Air Pollution Control Regulation Number 30, ``Control
of Volatile Organic Compounds from Automobile Refinishing Operations''
regulates the VOC content of automotive refinishing products. The
regulation applies to any person who owns, leases, operates or controls
an automotive refinishing facility.
Summary of SIP Revision
The adopted Air Pollution Control Regulation Number 30, ``Control
of Volatile Organic Compounds from Automobile Refinishing Operations,
establishes Reasonably Available Control Technology for all automobile
refinishing facilities. ``Automotive Refinishing'' is defined by Rhode
Island as ``any coating of vehicles, their parts and components, or
mobile equipment, including partial body collision repairs, for the
purpose of protection or beautification and which is subsequent to the
original coating applied at the plant coating assembly line.''
The rule establishes the following RACT emission limits, expressed
as pounds of VOC per gallon of coating and grams of VOC per liter of
coating, excluding water:
Table 1.--Emission Limitations for Automotive Refinishing Operations for
Group I Vehicles
(Passenger Cars, Large/Heavy Duty Truck Cabs and Chassis, Light and
Medium Duty Trucks, Vans, and Motorcycles)
------------------------------------------------------------------------
VOC Emission
Limitation
-----------------------
lb VOC/
gallon
lb VOC/ solids
Type of Coating gallon applied
coating (for
applied facilities
minus which use
water add on
control)
------------------------------------------------------------------------
Pretreatment.................................... 6.5 55.6
Primer/primer Surfacer.......................... 4.8 13.8
Primer Sealer................................... 4.6 12.3
Topcoat......................................... 5.0 15.6
Three or Four-Stage Topcoat..................... 5.2 17.7
Specialty Coating............................... 7.0 143.1
------------------------------------------------------------------------
Table 2.--Emission Limitations for Automotive Refinishing Operations for
Group II vehicles
(Public Transit Buses and Mobile Equipment)
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VOC Emission
Limitation
-----------------------
lb VOC/
gallon
lb VOC/ solids
Type of Coating gallon applied
coating (for
applied facilities
minus which use
water add on
control)
------------------------------------------------------------------------
Pretreatment.................................... 6.5 55.6
Primer/primer Surfacer.......................... 2.8 4.5
Primer Sealer................................... 3.5 6.7
Topcoat......................................... 3.5 6.7
Extreme Performance Coating..................... 6.2 39.3
Specialty Coating............................... 7.0 143.1
------------------------------------------------------------------------
The rule gives facilities the option of complying through the use
of compliant coatings, or by installing a control system which reduces
the total VOC emissions from the facility by 95% or greater as compared
to uncontrolled VOC emissions, or by installing emission control
systems that result in VOC emissions less than or equal to the limits
specified in Tables 1 and 2. The rule also contains the following
provisions:
1. Requirements to store solvent waste material in closed
containers to minimize solvent evaporation;
2. Equipment Requirements that specify the use of High Volume Low
Pressure spray equipment or electrostatic application equipment, or
another type of application equipment that results in a transfer
efficiency of at least 65% and has been approved by the RI DEM. Spray
guns are to be cleaned and solvent is to be stored in a manner that
limits solvent evaporation; and
3. Training, recordkeeping, reporting, registration, compliance
demonstration, and testing requirements.
Facilities were required to comply with the regulation by July 1,
1995.
EPA's evaluation is detailed in a memorandum, entitled ``Technical
Support Document for Rhode Island's Regulation 30, Control of Volatile
Organic Compounds from Automobile Refinishing Operations''.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 2, 1996 unless adverse or critical comments are
received by March 4, 1996.
If the EPA receives such comments, this action will be withdrawn
before the effective date by simultaneously publishing a subsequent
document that
[[Page 3826]]
will withdraw the final action. All public comments received will then
be addressed in a subsequent final rule based on this action serving as
a proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective on April 2, 1996.
Final Action
EPA is approving Air Pollution Control Regulation No. 30, ``Control
of Volatile Organic Compounds from Automobile Refinishing Operations''.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 183(e) of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. To the extent that the rules being approved by
this action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables.
The OMB has exempted this action from review under Executive Order
12866.
SIP approvals under section 110 and subchapter I, Part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. Sec. 7410(a)(2).
On January 6, 1989, the Office of Management and Budget (OMB)
waived Table 2 and Table 3 revisions (54 FR 2222) from the requirements
of Section 3 of Executive Order 12291 for a period of two years. EPA
has submitted a request for a permanent waiver for Table 2 and Table 3
SIP revisions. OMB has agreed to continue the temporary waiver until
such time as it rules on EPA's request.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 2, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Note: Incorporation by reference of the State Implementation
Plan for the State of Rhode Island was approved by the Director of
the Federal Register on July 1, 1982.
Dated: October 16, 1995.
John P. DeVillars,
Regional Administrator, EPA, New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart OO--Rhode Island
2. Section 52.2070 is amended by adding paragraph (c)(44) to read
as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
(44) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on June 27, 1995.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental
Management dated June 27, 1995 submitting a revision to the Rhode
Island State Implementation Plan.
(B) The following portions of the Rules Governing the Control of
Air Pollution for the State of Rhode Island effective on July 17, 1995:
Air Pollution Control Regulation No. 30, Control of Volatile Organic
Compounds from Automotive Refinishing Operations.
3. In Sec. 52.2081 Table 52.2081 is amended by adding an entry for
state citation No. 30 to read as follows:
Sec. 52.2081 EPA-approved Rhode Island state regulations.
* * * * *
[[Page 3827]]
Table 52.2081.--EPA-Approved Rules and Regulations
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Comments/
State citation Title/subject Date adopted by Date approved by FR citation 52.2070 Unapproved
State EPA sections
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* * * * * * *
No. 30.......................... Control of VOC from June 27, 1995...... February 2, 1996.. [Insert FR (c)(44) Control of VOC
Automobile citation from From Automobile
Refinishing published date]. Refinishing
Operations. Operations.
* * * * * * *
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[FR Doc. 96-2228 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P