[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5696-5699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3237]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MA42-1-7174a; A-1-FRL-5329-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Automotive Refinishing

AGENCY: Environmental Protection Agency (EPA).


[[Page 5697]]

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Massachusetts. This revision 
establishes VOC emission standards for automotive refinishing. The 
intended effect of this action is to approve a revision to 
Massachusetts SIP which reduces VOC emissions from automotive 
refinishing. This action is being taken in accordance with Section 
183(e) of the Clean Air Act.

DATES: This action is effective April 15, 1996, unless notice is 
received by March 15, 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, 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 
SW. (LE-131), Washington, D.C. 20460; and the Division of Air Quality 
Control, Department of Environmental Protection, One Winter Street, 8th 
Floor, Boston, MA 02108.

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 the fall of 1995. 
Massachusetts decided to adopt rules for autobody refinishing in 
advance of a federal rule, to get credit for reductions from this 
category in its 15% plan.
    Massachusetts 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 
Massachusetts is classified as serious nonattainment area, therefore 
the 15% plan must cover the entire state.
    On August 18, 1994, the Massachusetts DEP submitted to EPA for 
comment, proposed amendments to the SIP to address the RFP requirements 
including new air pollution control regulations 7.18(28) ``autobody 
refinishing.'' Massachusetts held public hearings during May 6-13, 1994 
and on September 22 and 23, 1994 throughout the State for its proposed 
automotive refinishing rule. EPA submitted written comments regarding 
the proposed regulations on September 22, 1994. The rule was effective 
on December 16, 1994, upon publication in the Massachusetts Register.
    On January 9, 1995, the Commonwealth of Massachusetts submitted a 
formal revision to its State Implementation Plan (SIP). The SIP 
revision amends 310 CMR 7.00 by adding Section 310 CMR 7.18(28) 
autobody refinishing.
    The adopted regulation 310 CMR 7.18(28), ``autobody refinishing,'' 
regulates the VOC content of automotive refinishing products. The 
regulation applies to any person who sells, offers for sale, or 
manufactures autobody refinishing coatings for sale within 
Massachusetts or who owns, leases, operates or controls an automotive 
refinishing facility.

Summary of SIP Revision

    The adopted air pollution control regulation , 310 CMR 7.18(28) 
``autobody refinishing'', establishes Reasonably Available Control 
Technology for all automobile refinishing facilities. Automotive 
Refinishing facility'' is defined by Massachusetts as ``any facility at 
which the interior or exterior bodies of automobiles, motorcycles, 
light/medium-duty trucks, or vans are painted. Refinishing of 
aftermarket vehicles and new vehicles damaged in transit before their 
initial sale are included under this definition.'' The rule established 
the following RACT emission limits, expressed as pounds of VOC per 
gallon of coating and grams of VOC per liter of coating, excluding 
water and exempt solvents:

Table 7.18(28)(c).--RACT Emission Limitations for Automotive Refinishing
                                Products                                
------------------------------------------------------------------------
                                                         VOC Emission   
                                                          limitation    
                    Coating type                     -------------------
                                                       grams/           
                                                        liter    lbs/gal
------------------------------------------------------------------------
Pretreatment Wash Primer............................       780       6.5
Primer/primer Surfacer..............................       575       4.8
Primer Sealer.......................................       550       4.6
Topcoat.............................................       600       5.0
Three or Four-Stage Topcoat.........................       620       5.2
Specialty Coating...................................       840       7.0
------------------------------------------------------------------------

    The rule gives facilities the option of complying through the use 
of compliant coatings, or by installing emission control systems that 
result in VOC emissions less than or equal to the limits specified in 
Table 7.18(28)(c). The rule also contains the following provisions:
    1. Good housekeeping Requirements to minimize solvent evaporation);
    2. Equipment Requirements that specify the use of High volume Low 
Pressure spray equipment and require spray gun cleaning and solvent 
storage in a manner that limit solvent evaporation; and
    3. Training, recordkeeping, reporting, biennial compliance 
certification requirements.
    Facilities are required to comply with the regulation by August 1, 
1995.
    EPA's evaluation is detailed in a memorandum, entitled ``Technical 
Support Document for Massachusetts Air Pollution Control Regulation, 
310 CMR 7.18(28), Automotive Refinishing.''
    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 15, 1996 unless adverse or critical comments are 
received by March 15, 1996.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by simultaneously publishing a subsequent 
notice that 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 

[[Page 5698]]
received, the public is advised that this action will be effective on 
April 15, 1996.

Final Action

    EPA is approving Section 310 CMR 7.18(28) Automotive refinishing.
    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. 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 15, 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 Commonwealth of Massachusetts was approved by the 
Director of the Federal Register on July 1, 1982.

    Dated: October 6, 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 W--Massachusetts

    2. Section 52.1120 is amended by adding paragraph (c)(109) to read 
as follows:


Sec. 52.1120  Identification of plan.

* * * * *
    (c) * * *
    (109) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 9, 
1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated January 9, 1995, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of 
Air Pollution for the Commonwealth of Massachusetts effective on 
December 16, 1994: 310 Code of Massachusetts Regulations Section 
7.18(28) Automotive Refinishing.
    3. In Sec. 52.1167 Table 52.1167 is amended by adding and new entry 
(28) to the end of entry 310 CMR 718 to read as follows:


Sec. 52.1167  EPA--approved Massachusetts State regulations.

* * * * * 

[[Page 5699]]


                                                 Table 52.1167.--EPA--Approved Massachusetts Regulations                                                
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                                                               Date                                                                                     
          State citation                Title/subject       submitted    Date approved by EPA     Federal Register     52.1120(c)   Comments/unapproved 
                                                             by State                                 citation                            sections      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
310 CMR 7.18(28)..................  Automotive                01/09/95  February 14, 1996....  Supply Page..........          109  Reasonably Available 
                                     Refinishing.                                                                                   Control Technology  
                                                                                                                                    Requirement (RACT)  
                                                                                                                                    for automotive      
                                                                                                                                    refinishing.        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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[FR Doc. 96-3237 Filed 2-13-96; 8:45 am]
BILLING CODE 6560-50-P