[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
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* * * * * * *
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
