[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Rules and Regulations]
[Pages 76855-76859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28087]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2004-DC-0008; FRL-7852-6]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; VOC Emission Standards for Mobile Equipment 
Repair and Refinishing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve a revision to the 
District of Columbia State Implementation Plan (SIP). The revision 
establishes regulations for the control of volatile organic compound 
(VOC) emissions from mobile equipment repair and refinishing operations 
in the District of Columbia (the District). EPA is approving this 
revision to the District of Columbia SIP in accordance with the 
requirements of the Clean Air Act (CAA or the Act).

DATES: This rule is effective on February 22, 2005 without further 
notice, unless EPA receives adverse written comment by January 24, 
2005. If EPA receives

[[Page 76856]]

such comments, it will publish a timely withdrawal of the direct final 
rule in the Federal Register and inform the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2004-DC-0008 by one of the following 
methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Federal 
Register Follow the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    C. E-mail: [email protected].
    D. Mail: R03-OAR-2004-DC-0008, Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. R03-OAR-2004-DC-
0008. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
http://www.docket.epa.gov/rmepub, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.docket.epa.gov/rmepub. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the District of Columbia Department of Public Health, 
Air Quality Division, 51 N Street, NE., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On April 16, 2004, the District of Columbia 
(the District) submitted several revisions to its SIP. The SIP 
revisions include both new regulations and amendments to Title 20 of 
the District of Columbia Municipal Regulations (20 DCMR). The new 
regulations in Title 20 DCMR (Environment), Subtitle A: Air Quality, 
Chapter 7, Volatile Organic Compounds are:
    (1) New Section 718--``Mobile Equipment Repair and Refinishing''.
    (2) New Sections 719 through 734--``Consumer Products''.
    (3) New Sections 735 through 741--``Portable Fuel Containers and 
Spouts''.
    (4) New Sections 742 through 748--``Solvent Cleaning''.
    (5) New Sections 749 through 754--``Architectural and Industrial 
Maintenance Coating''.
    The April 16, 2004 submittal also includes new definitions that 
were added in section 799, a new section 307 to Chapter 3--to provide 
for a fee penalty pursuant to section 185 of the Act, and amendments to 
Chapters 1, 2, 6, 7, and 8 to satisfy the Act's requirements for severe 
ozone nonattainment areas pursuant to the Metropolitan Washington DC 1-
hour ozone nonattainment area's reclassification on January 24, 2003, 
from serious to severe nonattainment.
    On September 20, 2004, the District supplemented its April 16, 2004 
submittal. This supplemental submittal provides copies of standards 
that are incorporated by reference in the District's new and amended 
regulations and a copy of the District's responses to comments it 
received during its rule adoption process. On November 26, 2004, the 
District submitted another supplemental revision to its April 16, 2004 
submittal. This supplemental submittal consists of revised versions of 
the new VOC regulations. These are minor revisions to the regulations 
which clarify the standards that are incorporated by reference and 
correct cross-referencing and typographical errors.
    This action pertains only to the addition of section 718, Mobile 
Equipment Repair and Refinishing, and revised section 799, containing 
the associated definitions for the Mobile Equipment Repair and 
Refinishing regulation. The remaining portions of the April 16, 2004 
submittal and the supplemental submittals of September 20, 2004 and 
November 26, 2004, are the subject of separate rulemaking actions.

I. Background

    As stated previously, this approval pertains only to the District's 
regulations for mobile equipment repair and refinishing. The standards 
and requirements contained in the District's regulations for mobile 
equipment repair and refinishing are based on the Ozone Transport 
Commission (OTC). The OTC developed control measures into model rules 
for a number of source categories. The OTC mobile equipment repair and 
refinishing model rule is based on the existing rules developed by the 
California Air Resources Board, which were analyzed and modified by the 
OTC workgroup to address VOC reduction needs in the Ozone Transport 
Region (OTR).

II. Summary of SIP Revision

    On April 16, 2004, the District of Columbia Department of Health 
submitted a formal revision to its SIP. The SIP revision consists of 
VOC emission standards for mobile equipment repair and refinishing 
operations in the District of Columbia. The District of Columbia mobile 
equipment repair and refinishing rule (section 718) applies to each 
person who sells, supplies, offers for sale, manufactures or applies 
repair and refinishing or color-matched coatings for or to mobile 
equipment or mobile equipment components on or after January 1, 2005 in 
the District of Columbia. The rule does not apply to the following: (a) 
where the surface

[[Page 76857]]

coating process is subject to other federal requirements including, but 
not limited to, miscellaneous metal parts finishing requirements 
relating to surface coating processes; (b) where the surface coating 
process is at an automobile assembly plant; or (c) where the person 
applying the coatings is in a non-commercial facility and does not 
receive compensation for the application of the coatings. The rule 
mandates that repair and refinishing coatings that contain volatile 
organic compounds (VOCs) in excess of the limits specified below in 
Table 1, including any VOC containing materials added to the original 
coating supplied by the manufacturer, shall not be applied to mobile 
equipment or mobile equipment components.

      Table 1.--Allowable Content of VOCs in Mobile Equipment Repair and Refinishing Coatings (as applied)
----------------------------------------------------------------------------------------------------------------
                                                                               Weight  (pounds   Limit*  (grams
                                Coating type                                    per  gallon)       per liter)
----------------------------------------------------------------------------------------------------------------
Automotive pretreatment primer..............................................               6.5               780
Automotive primer-surfacer..................................................               4.8               575
Automotive primer-sealer....................................................               4.6               550
Automotive topcoat:
    Single stage-topcoat....................................................               5.0               600
    2 stage basecoat/clearcoat..............................................               5.0               600
    3 or 4-stage basecoat/clearcoat.........................................               5.2               625
Automotive multi-colored topcoat............................................               5.7               680
Automotive specialty coating................................................               7.0              840
----------------------------------------------------------------------------------------------------------------
* Weight of VOC per Volume of Coating (minus water and non-VOC solvents)

    The regulation also requires that any person who sells, supplies, 
offers for sale, or manufactures mobile equipment repair and 
refinishing coatings subject to this section, to provide documentation 
with the product concerning the VOC content of the coatings, in pounds 
per gallon, calculated in accordance with the equations provided in 
this regulation.
    A person at a facility subject to the provisions of this regulation 
must use one or more of the following application techniques to apply 
any repair and refinishing coatings listed in Table 1: (a) Flow/curtain 
coating, (b) dip coating, (c) roller coating, (d) brush coating, (e) 
cotton-tipped swab application, (f) electrodeposition coating, (g) high 
volume low pressure (HVLP) spraying, (h) electrostatic spray, (i) 
airless spray, or ((j) other coating application methods that 
demonstrate emission reductions equivalent to HVLP or electrostatic 
spray application methods.
    The regulation also provides exemptions from the application 
equipment requirements for spray guns, and housekeeping and pollution 
prevention and training measures. The District of Columbia's regulation 
to control emissions from mobile equipment repair and refinishing 
operations includes requirements sufficient to determine compliance. 
The test methods used to test coatings must be the most current 
approved method at the time testing is performed. Compliance with the 
rule will be required by January 1, 2005.

III. Final Action

    EPA is approving a revision to the District of Columbia SIP which 
establishes VOC emission standards from mobile equipment repair and 
refinishing operations. The implementation of this rule strengthens the 
District of Columbia SIP, and will result in the reduction of VOC 
emissions from mobile equipment repair and refinishing operations in 
the District of Columbia. EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on February 22, 
2005. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001). This action 
merely proposes to approve state law as meeting Federal requirements 
and imposes no additional requirements beyond those imposed by state 
law. Accordingly, the Administrator certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rule approves pre-existing requirements under state law 
and does not impose any additional enforceable duty beyond that 
required by state law, it 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). This rule also 
does not have tribal implications because it will not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various

[[Page 76858]]

levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant. In reviewing SIP submissions, EPA's role is to approve 
state choices, provided that they meet the criteria of the Clean Air 
Act. In this context, in the absence of a prior existing requirement 
for the State to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a SIP submission for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a SIP submission, to use VCS in place of a SIP submission that 
otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This 
proposed rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 February 22, 2005. 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, pertaining to the District of Columbia's 
Mobile Equipment Repair and Refinishing rule, 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, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: December 14, 2004.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart J--District of Columbia

0
2. In Section 52.470, the table in paragraph (c) is amended by adding 
the following entries to ``District of Columbia Municipal Regulations 
(DCMR), Title 20--Environment, Chapter 7--Volatile Organic Compounds'':
    a. Adding an entry for Section 718.
    b. Adding a new entry for Section 799 after the existing entry for 
Section 799.
    The added entries read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (c) * * *

                                                     EPA.--Approved District of Columbia Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
         State citation                  Title/subject              State effective date            EPA approval date          Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        District of Columbia Municipal Regulations (DCMR), Title 20-- Environment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Chapter 7 Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------
Section 718....................  Mobile Equipment Repair and    November 26, 2004.            12/23/04 [Insert page number
                                  Refinishing.                                                 where the document begins].
--------------------------------
 
                                                                      * * * * * * *
--------------------------------
Section 799....................  Definitions.                   November 26, 2004.            12/23/04 [Insert page number
                                                                                               where the document begins].
--------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 76859]]

* * * * *
[FR Doc. 04-28087 Filed 12-22-04; 8:45 am]
BILLING CODE 6560-50-P