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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 23, 2004 (Volume 69, Number 246)]
[Rules and Regulations]
[Page 76855-76859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de04-11]

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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.

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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://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: morris.makeba@epa.gov.
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://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://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 wentworth.ellen@epa.gov.

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
(59 FR 22951, 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.

? 40 CFR part 52 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 et seq.

Subpart J--District of Columbia

? 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
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Chapter 7 Volatile Organic Compounds
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* * * * * * *
--------------------------------
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].
--------------------------------

* * * * * * *
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[[Page 76859]]

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

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

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