Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Automotive Refinishing

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.

* * * * *

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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