[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)              
------------------------------------------------------------------------
                                                       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     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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