[Federal Register Volume 86, Number 24 (Monday, February 8, 2021)]
[Proposed Rules]
[Pages 8561-8564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02557]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0522; FRL-10016-86-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to Control of Volatile Organic Compounds Mobile
Equipment Repair and Refinishing Rule Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Delaware Department of Natural Resources and Environmental Control
(DNREC). This SIP revision consists of the 2010 amendments to the State
of Delaware's Mobile Equipment Repair and Refinishing (MERR)
regulations to incorporate the Ozone Transport Commission's (OTC) 2009
Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations
regulations (MVMERR) model rule. The MVMERR rule establishes updated
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. This action
is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 10, 2021.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2020-0522 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mike Gordon, 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) 814-2039. Mr. Gordon can also be reached
via electronic mail at [email protected].
I. Background
A. General
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, including
all of the State of Delaware. Section 176a of the CAA requires that
when a transport region is established, the Administrator must also
establish a transport commission
[[Page 8562]]
consisting of certain representatives from each state included within
the transport region. See CAA section 176a(b)(1). Following creation of
the OTR, an Ozone Transport Commission (OTC) was established in
accordance with the requirements of CAA section 176a(b)(1). 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, the 2002 MERR Model Rule, was
developed 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 OTC 2002 MERR Model Rule applies to a person who
applies mobile equipment repair and refinishing or color matched
coatings to mobile equipment or mobile equipment components. Delaware's
regulations adopting the OTC 2002 MERR model rule were originally
approved by EPA into Delaware's SIP on November 22, 2002 (67 FR 70315)
as part of a regional effort to attain and maintain the 1-hour ozone
NAAQS.
The OTC 2009 MVMERR Model Rule \1\ is a revision of the 2002 MERR
Model Rule developed by the OTC. The OTC's 2009 MVMERR Model Rule is
based upon the California Air Resources Board's (CARB) Suggested
Control Measure (SCM) for Automotive Coatings, published October 2005.
In order to keep Delaware's regulations up-to-date with the OTC's 2009
MVMERR Model Rule, Delaware revised its regulations, found at 7 DE
Admin Code 1124, Control of Volatile Organic Compound Emissions;
Section 11.0 Mobile Equipment Repair and Refinishing (Delaware's 2010
amended MERR rule), on September 17, 2010. Delaware then submitted
these 2010 amendments to EPA as a SIP revision on May 6, 2020.\2\
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\1\ The OTC 2009 MVMERR Model Rule is available online at
https://otcair.org/document.asp?fview=modelrules and included in the
docket for this rulemaking, available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2020-0522.
\2\ During a recent internal review of the Delaware SIP, DNREC
discovered that it had never submitted the 2010 Delaware regulatory
changes adopting the 2009 OTC MVMERR Model Rule to EPA as a SIP
revision. DNREC therefore submitted this SIP revision in May 2020 so
that the EPA-approved SIP would correctly reflect the Delaware
regulations.
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B. Source Description
Automobile refinishing includes the application of coatings
following the manufacture of original equipment. ``Automobile'' or
``vehicle'' in this category refers to passenger cars, trucks, vans,
motorcycles, and other mobile equipment capable of being driven on the
highway. Automobile refinishing work typically consists of structural
repair, surface preparation, and painting, and includes operations in
auto body repair/paint shops, production auto body paint shops, new car
dealer repair/paint shops, fleet operator repair/paint shops, and
custom-made car fabrication facilities. The steps involved in
automobile refinishing include surface preparation, coating
applications, and spray equipment. VOC emissions result from the
evaporation of solvents during each of these processes and can be
controlled through the use of compliant coatings and solvents, the use
of application equipment with increased transfer efficiency, and
stringent work practice standards.
The main categories of coatings are primers and topcoats. The
primer category consists of pretreatment wash primers, primers, primer
surfacers, and primer sealer. Topcoats are applied over the primer
coats and provide the final color to the refinished area. Primers and
coatings can be classified as lacquer, enamel, or urethane coatings.
Each coating differs in its chemistry, durability, and VOC content.
Some additives and specialty coatings are necessary for unusual
performance requirements and are used in relatively small amounts to
improve desirable properties. Additives and special coatings include
adhesion promoters, uniform refinish blenders, elastomeric materials
for flexible plastic parts, gloss flatteners, and anti-glare/safety
coatings. For additional information, see EPA's ``Alternative Control
Techniques (ACT) Document: Automobile Body Refinishing'' (EPA-453/R-94-
031, April 1994).\3\
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\3\ EPA's ACT for Automobile Body Refinishing is available
online at https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques and is
included in the docket for this rulemaking, available online at
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2020-0522.
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II. Summary of SIP Revision and EPA Analysis
On May 6, 2020, DNREC submitted a SIP revision consisting of
amendments to its MERR rule to incorporate the OTC 2009 MVMERR Model
Rule. If approved into the SIP, Delaware's 2010 amended MERR rule would
be federally enforceable. Affected sources within the State of Delaware
include: Auto body and repair facilities; fleet operator repair and
paint facilities; new and used auto dealer repair and paint facilities;
after-market auto customizing and detailing facilities; manufacturers,
suppliers, and distributors of coatings and cleaning solvents intended
for use and application to motor vehicles, mobile equipment, and
associated components; and manufacturers, suppliers, and distributors
of application equipment and materials storage such as spray booths,
spray guns, and sealed containers for cleaning rags for use within the
State of Delaware.
As summarized in Delaware's transmittal memo for this SIP revision,
this SIP revision to Delaware's existing regulation, 7 DE Admin Code
1124, reduces the VOC contents of currently regulated coatings,
regulates additional coating categories, requires the use of coating
application equipment that provides for high transfer efficiency, and
requires that surface cleaning solvent contain no more than 25 grams of
VOC per liter. More specifically, Delaware's 2010 amended MERR rule
establishes revised VOC content limits for automotive coatings and
cleaning solvents used in the preparation, application, and drying
phases of vehicle refinishing. Delaware's 2010 amended MERR rule also
establishes coating application standards, work practices, operator
training standards, and compliance and recordkeeping standards. Table 1
lists the revised VOC limits adopted by the State of Delaware in 2010,
and compares them to the standards set in the OTC 2009 MVMERR Model
Rule.
[[Page 8563]]
Table 1--Allowable VOC Content in Automotive Coatings for Motor Vehicle and Mobile Equipment Non-Assembly Line
Refinishing and Recoating
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VOC regulatory limit as applied *
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Delaware's 2010 amended MERR 2009 OTC
rule MVMERR model
Coating category -------------------------------- rule
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(Pounds per (Grams per (Grams per
gallon) liter) liter)
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Adhesion promoter............................................... 4.5 540 540
Automotive pretreatment coating................................. 5.5 660 660
Automotive primer............................................... 2.1 250 250
Cavity Wax...................................................... 5.4 650 (**)
Clear coating................................................... 2.1 250 250
Color coating, including metallic/iridescent color coating...... 3.5 420 420
Deadener........................................................ 5.4 650 (**)
Gasket/Gasket material.......................................... 1.7 200 (**)
Lubricating wax compound........................................ 5.8 700 (**)
Multicolor coating.............................................. 5.7 680 680
Sealer.......................................................... 5.4 650 (**)
Single-stage coating, including single-stage metallic/iridescent 2.8 340 340
coating........................................................
Temporary protective coating.................................... 0.50 60 60
Truck bed liner coating......................................... 1.7 200 310
Truck interior.................................................. 5.4 650 (**)
Underbody coating............................................... 3.6 430 430
All other coating............................................... 2.1 250 250
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* VOC regulatory limit as applied means the weight of VOC per volume of coating (prepared to manufacturer's
recommended maximum VOC content, minus water and non-VOC solvents).
** 2009 OTC MVMERR did not contain a cateogory for this type of automotive coating.
Delaware's 2010 amended MERR rule incorporates without any
revisions the VOC limits for all the available coating categories found
in the OTC's 2009 MVMERR model rule. In addition, Delaware's 2010
amended MERR rule requires that surface cleaning solvent contain no
more than 25 grams of VOC per liter, as required by the 2009 OTC MVMERR
Model Rule. All the VOC limits in Delaware's 2010 amended MERR rule are
as stringent as the limits in the 2009 OTC MVMERR Model Rule, as shown
in Table 1 of this document. Approval of Delaware's 2010 amended MERR
rule into the SIP would make these limits, the coating and cleaning
solvent VOC content limits, and the use of coating application
equipment which provides high transfer efficiency, federally
enforceable. The VOC reductions resulting from Delaware's adoption of
the 2010 changes to implement the 2009 OTC MVMERR Model Rule have been
occurring since the effective date of Delaware's amended regulations,
and upon final approval of this SIP revision, will become federally
enforceable and will continue to be federally enforceable until such
time as Delaware submits, and EPA approves, a SIP revision to revise
these limits. Approving Delaware's 2010 amended MERR rule into the SIP
strengthens Delware's SIP, and EPA is therefore proposing to approve it
into the Delaware SIP as a SIP strengthening measure.
III. Proposed Action
EPA is proposing to approve Delaware's 2010 amended MERR rule as a
SIP revision. EPA has determined that Delaware's 2010 amended MERR rule
is consistent with the requirements and limits in the 2009 OTC MVMERR
Model Rule. Therefore, its approval into the Delaware SIP would result
in the VOC reductions in the 2010 amended MERR rule becoming federally
enforceable and strengthen the SIP. EPA is soliciting public comments
on the issues discussed in this document relevant to Delaware's 2010
amended MERR rule. These comments will be considered before taking
final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference revisions to 7 DE Admin Code 1124 Control of Volatile Organic
Compound Emissions Section 11.0 Mobile Equipment Repair and
Refinishing. EPA has made, and will continue to make, these materials
generally available through https://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).
V. Statutory and Executive Order Reviews
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 proposed 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 regulatory
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
[[Page 8564]]
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 proposed rulemaking, in which EPA is proposing
approval of Delaware's 2010 amended MERR rule to incorporate the 2009
OTC MVMERR Model 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.
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.
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-02557 Filed 2-5-21; 8:45 am]
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