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
| Published date | 10 September 2019 |
| Citation | 84 FR 47437 |
| Record Number | 2019-19407 |
| Section | Rules and Regulations |
| Court | Environmental Protection Agency |
Federal Register, Volume 84 Issue 175 (Tuesday, September 10, 2019)
[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.
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(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]
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