Federal Register - February 8, 2021
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Source: Federal Register
8563
Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules
TABLE 1ALLOWABLE VOC CONTENT IN AUTOMOTIVE COATINGS FOR MOTOR VEHICLE AND MOBILE EQUIPMENT NONASSEMBLY LINE REFINISHING AND RECOATING
VOC regulatory limit as applied
Delawares 2010 amended MERR rule
Coating category
Pounds per gallon Adhesion promoter
Automotive pretreatment coating
Automotive primer
Cavity Wax
Clear coating
Color coating, including metallic/iridescent color coating
Deadener
Gasket/Gasket material
Lubricating wax compound
Multicolor coating
Sealer
Single-stage coating, including single-stage metallic/iridescent coating
Temporary protective coating
Truck bed liner coating
Truck interior
Underbody coating
All other coating
4.5
5.5
2.1
5.4
2.1
3.5
5.4
1.7
5.8
5.7
5.4
2.8
0.50
1.7
5.4
3.6
2.1
Grams per liter
2009 OTC
MVMERR
model rule Grams per liter
540
660
250
650
250
420
650
200
700
680
650
340
60
200
650
430
250
540
660
250
250
420
680
340
60
310
430
250
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VOC regulatory limit as applied means the weight of VOC per volume of coating prepared to manufacturers recommended maximum VOC
content, minus water and non-VOC solvents.
2009 OTC MVMERR did not contain a cateogory for this type of automotive coating.
Delawares 2010 amended MERR rule incorporates without any revisions the VOC limits for all the available coating categories found in the OTCs 2009
MVMERR model rule. In addition, Delawares 2010 amended MERR rule requires that surface cleaning solvent contain no more than 25 grams of VOC
per liter, as required by the 2009 OTC
MVMERR Model Rule. All the VOC
limits in Delawares 2010 amended MERR rule are as stringent as the limits in the 2009 OTC MVMERR Model Rule, as shown in Table 1 of this document.
Approval of Delawares 2010 amended MERR rule into the SIP would make these limits, the coating and cleaning solvent VOC content limits, and the use of coating application equipment which provides high transfer efficiency, federally enforceable. The VOC
reductions resulting from Delawares adoption of the 2010 changes to implement the 2009 OTC MVMERR
Model Rule have been occurring since the effective date of Delawares amended regulations, and upon final approval of this SIP revision, will become federally enforceable and will continue to be federally enforceable until such time as Delaware submits, and EPA approves, a SIP revision to revise these limits. Approving Delawares 2010 amended MERR rule into the SIP strengthens Delwares SIP, and EPA is therefore proposing to
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section of this preamble for more information.
approve it into the Delaware SIP as a SIP strengthening measure.
FURTHER INFORMATION CONTACT
III. Proposed Action
V. Statutory and Executive Order Reviews
EPA is proposing to approve Delawares 2010 amended MERR rule as a SIP revision. EPA has determined that Delawares 2010 amended MERR rule is consistent with the requirements and limits in the 2009 OTC MVMERR Model Rule. Therefore, its approval into the Delaware SIP would result in the VOC
reductions in the 2010 amended MERR
rule becoming federally enforceable and strengthen the SIP. EPA is soliciting public comments on the issues discussed in this document relevant to Delawares 2010 amended MERR rule.
These comments will be considered before taking final action.
IV. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference revisions to 7 DE Admin Code 1124
Control of Volatile Organic Compound Emissions Section 11.0 Mobile Equipment Repair and Refinishing. EPA
has made, and will continue to make, these materials generally available through https www.regulations.gov and at the EPA Region III Office please contact the person identified in the FOR
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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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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 proposed 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 regulatory 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
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