[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47437-47439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19407]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0246; FRL-9999-41-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Amendments to the Control of Emissions of 
Volatile Organic Compounds From Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the District of Columbia's (the District) state 
implementation plan (SIP) submitted on August 29, 2018. The portion of 
the District's SIP revision being approved is an update to the 2002 
Mobile Equipment Repair and Refinishing (MERR) model rule to 
incorporate the Ozone Transport Commission's (OTC) 2009 Motor Vehicle 
and Mobile Equipment Non-Assembly Line Coating Operations regulations 
(MVMERR) model rule, which was adopted by the District in 2016. The 
MVMERR rules establish volatile organic compounds (VOC) content limits 
for coating and cleaning solvents used in vehicle refinishing and 
standards for coating application, work practices, monitoring, and 
recordkeeping. The remaining part of the August 29, 2018 SIP revision 
addressed the District's VOC Reasonably Available Control Technology 
(RACT) requirements for the 2008 ozone national ambient air quality 
standards (NAAQS). EPA will address the VOC RACT portion of the SIP 
revision in a separate rulemaking action. This action is being taken 
under the Clean Air Act (CAA).

DATES: This final rule is effective on October 10, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0246. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (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 through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2036. Mr. Becoat can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On August 29, 2018, the District of Columbia 
Department of Energy and Environment (DOEE) submitted a SIP revision 
for EPA approval which included the District's 2016 update to its 2002 
MERR rule, found at Title 20 (Environment), District Municipal 
Regulations (DCMR) Subtitle A (Air Quality), Chapter 7--Volatile 
Organic Compounds. The District's 2016 update revised its existing, 
SIP-approved 2002 MERR rule to include the OTC's 2009 MVMERR model 
rule. The DOEE's August 29, 2018 SIP revision also addressed all the 
VOC requirements of RACT set forth by the CAA for the 2008 8-hour ozone 
NAAQS. The portion addressing the 2008 VOC RACT requirements will be 
addressed in a separate rulemaking action.

I. Background

    Ozone is formed in the atmosphere by photochemical reactions 
between VOCs and nitrogen oxides (NOX) in the presence of 
sunlight. In order to reduce these ozone concentrations, the CAA 
requires control of VOC and NOX emission sources to achieve 
emission reductions in moderate or more serious ozone nonattainment 
areas.
    Section 184(a) of the CAA established a single ozone transport 
region (OTR), comprising all or part of 12 eastern states and the 
District.\1\ The District is part of the OTR and, therefore, must 
comply with the RACT requirements in section 184(b)(1)(B) and (2) of 
the CAA. In December 1999, EPA identified emission reduction shortfalls 
in several severe 1-hour ozone nonattainment areas, including those 
located in the OTR. As a result, the OTC developed model rules for a 
number of source categories. One of the model rules was to reduce VOC 
emissions from automotive coatings and cleaning solvents associated 
with non-assembly line refinishing or recoating of motor vehicles, 
mobile equipment, and their associated parts and components. The

[[Page 47438]]

2002 MERR model rule was originally approved by EPA into the District's 
SIP on December 23, 2004 (69 FR 76857) as part of a regional effort to 
attain and maintain the 1-hour ozone NAAQS. The 2009 MVMERR Model Rule 
is a revision of the 2002 MERR Model Rule developed by the OTC. The 
California Air Resources Board (CARB) Suggested Control Measure (SCM) 
for Automotive Coatings, published October 2005, formed the basis for 
the revisions to the 2009 MVMERR Model Rule.
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    \1\ Only a portion of the Commonwealth of Virginia is included 
in the OTR.
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II. Summary of SIP Revision and EPA Analysis

    On August 29, 2018, the DOEE submitted a SIP revision which 
included the District's 2016 update to its 2002, SIP-approved MERR rule 
to incorporate the OTC's 2009 Model Rule for Motor Vehicle and Mobile 
Equipment Non-Assembly Line Coating Operations Regulations. The OTC's 
2009 MVMERR model rule was established to reduce VOC emissions from 
automotive coatings and cleaning solvents associated with the non-
assembly line refinishing or recoating of motor vehicles, mobile 
equipment, and their associated parts and components and developed as 
part of a regional effort to attain and maintain the 8-hour ozone NAAQS 
and reduce 8-hour ozone levels.
    The District submitted amendments to Sections 714--Control 
Techniques, Section 718--Mobile Equipment Repair and Refinishing, and 
Section 799--Definitions, in order to implement the OTC's 2009 MVMERR 
model rule. Generally, the District's amendments establish revised VOC 
content limits for automotive coatings and cleaning solvents used in 
the preparation, application, and drying phases of vehicle refinishing; 
as well as established coating application standards, work practices, 
operator training standards, and compliance and recordkeeping 
standards. More detailed information on these provisions, as well as a 
detailed summary of EPA's review and rationale for approving these SIP 
revisions, can be found in the notice of proposed rulemaking (NPR) for 
this action published on July 8, 2019 (84 FR 32356), which is also 
available on line at www.regulations.gov, Docket number EPA-R03-OAR-
2019-0246. EPA received no public comments on the NPR.
    After evaluating the SIP revision submittal, EPA concludes that the 
District's updated MVMERR rule in 20 DCMR Sections 714.3(a)(1), 718, 
and 799 are consistent with the requirements and limits in the OTC's 
2009 MVMERR model rule. The revision will continue to reduce VOC 
emissions from automotive coatings and cleaning solvents associated 
with the non-assembly line refinishing or recoating of motor vehicles, 
mobile equipment, and their associated parts and components and assist 
in the regional effort to attain and maintain the 8-hour ozone NAAQS 
and reduce 8-hour ozone levels.

IV. Final Action

    EPA is approving the District of Columbia's August 29, 2018 SIP 
revision submittal that updated the District's 2002 Mobile Equipment 
Repair and Refinishing model rule to incorporate the OTC's 2009 Motor 
Vehicle and Mobile Equipment Non-Assembly Line Coating Operations 
regulations model rule.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of revisions to 
20 DCMR Sections 714.3(a)(1), 718, and 799. EPA has made, and will 
continue to make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a significant action under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and

[[Page 47439]]

the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. A major rule cannot take effect until 
60 days after it is published in the Federal Register. This action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 12, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, which approves the District's update to the 2002 
MERR 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: August 27, 2019.
Diana Esher,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 Sec.  52.470, the table in paragraph (c) is amended under 
``Chapter 7 Volatile Organic Compounds'' by revising the entries 
``Section 714'', ``Section 718'', and ``Section 799'' to read as 
follows:


Sec.  52.470  Identification of plan.

* * * * *
    (c) * * *

                      EPA-Approved Regulations and Statutes in the District of Columbia SIP
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                                                         State                                   Additional
       State citation            Title/subject      effective date    EPA approval date         explanation
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                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
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                                      Chapter 7 Volatile Organic Compounds
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Section 714................  Control Techniques           12/09/16  9/10/19, [Insert       Revised.
                              Guidelines.                            Federal Register
                                                                     citation].
 
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Section 718................  Motor Vehicle and            12/09/16  9/10/19, [Insert       Title Changed.
                              Mobile Equipment Non-                  Federal Register      Revised.
                              Assembly Line                          citation].
                              Coating Operations.
 
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Section 799................  Definitions..........        12/09/16  9/10/19, [Insert       Revised.
                                                                     Federal Register      Previous Approval
                                                                     citation].             dated 4/29/13.
 
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[FR Doc. 2019-19407 Filed 9-9-19; 8:45 am]
 BILLING CODE 6560-50-P