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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules
consisting of certain representatives from each state included within the transport region. See CAA section 176ab1. Following creation of the OTR, an Ozone Transport Commission OTC was established in accordance with the requirements of CAA section 176ab1. 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. Delawares regulations adopting the OTC 2002
MERR model rule were originally approved by EPA into Delawares 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 OTCs 2009 MVMERR Model Rule is based upon the California Air Resources Boards CARB Suggested Control Measure SCM for Automotive Coatings, published October 2005. In order to keep Delawares regulations upto-date with the OTCs 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 Delawares 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: EPAR03
OAR20200522.
2 During a recent internal review of the Delaware SIP, DNREC discovered that it had never submitted
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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 EPAs Alternative Control Techniques ACT
Document: Automobile Body Refinishing EPA453/R94031, April 1994.3
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.
3 EPAs ACT for Automobile Body Refinishing is available online at https www.epa.gov/ground-

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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, Delawares 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; aftermarket 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 Delawares transmittal memo for this SIP revision, this SIP revision to Delawares 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, Delawares 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. Delawares 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.
level-ozone-pollution/control-techniquesguidelines-and-alternative-control-techniques and is included in the docket for this rulemaking, available online at https www.regulations.gov, Docket ID: EPAR03OAR20200522.

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