UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Rulemaking
for the California State Implementation Plan

East ern Kern Air Pollution Control District Rule 410.4A Motor Vehicle and Mobile Equipment Refinishing Operations

Prepared by: Arnold Lazarus Reviewed by: Andrew Steckel January 20161

RULE IDENTIFICATION

- Agency East ern Kern Air Pollution Control District (EKAPCD)

SIP Approved
Rule Rule 410.4A

- Motor Vehicle and Mobile Equipment Refinishing

Operations Adopted

- March 7, 1996
Submitted

– May 10, 1996 EPA Approved

– November 13, 1998 ( 63 FR 63410 )

Subject of this

TSD Rule 410.4A

- Motor Vehicle and Mobile Equipment Refinishing

Operations
Amended

- March 13, 2014
Submitted

– July 25, 2014

Completeness Finding Determination of Completeness letter : September 11, 2014

Effe ctive Date: March 13

, 2014

BACKGROUND

– EKAPCD has been designated as Marginal Nonattainment for the 8

- hour

Ozone Nation al Ambient Air Quality Standard (NAAQS)

.

According to EKAPCD’s Final Staff Report associated with this rule revision , “ Amended Rule 410.4A limits volatile organic compound (VOC) emissions from coatings and solvents used in production, repair, refinish, or maintenance operations where motor vehicles, mobile equipment, or associated parts and components are coate d. A majority of the amendments are based on the California Air Resources Board ( C ARB) Suggested Control Measure (SCM) for Automotive Coatings. The SCM is designed to promote uniformity amongst air districts that use it as a template for amending their mot or vehicle and mobile equipment refinishing/coating rules.” 1

There is no EPA Control Techniques Guidelines (CTG) for Motor Vehicle and Mobile Equipment Refinishing Operations and

, according to CARB’s Facility Search Engine, there
are no facilities that emit VOC in the EKAPCD for this category for the most recent database year of 2013 . Therefore, Rule 410.4A is not required to implement reasonably available control technology (RACT) pursuant to Clean Air Act (CAA) §182(b)(2)

.

RULE SUMMARY

- Rule 410.4A establishes VOC content limits and workplace standards for motor vehicle and mobile equipment coating operations. It also describes related labeling, recordkeeping, and test methods. Changes from the approved SIP rule include:

1 EKAPCD Final Staff Report, “Motor Vehicle and Mobile Equipment Refinishing Operations,” March 13,

2014

.2

1. Expand s the applicability of the rule to include manufacturers and distributors of coatings for motor vehicles and mobile equipment in P aragraph I I

,

“ Applicability. ” 2

2. Eliminates the grouping of vehicles in Paragraph II, “Applicability.”

3. Exempts coating on motor vehicle assembly lines in Paragraph V(A)(5).

4

. Lower s VOC limits for existing coating categories and add s categories to the table
of limits in P aragraph VI ( A )

, “VOC Content Limits

. ”

5. Clarifie s storage requirements for VOC

- containing materials in Paragraph VI(G),

“ Storage and Disposa l .”

6

. Add s recordkeeping requirements for operations claiming exemptions from s ale prohibitions in P aragraph VII ( C )

, “ Record K eeping Requirements for Prohibition of
Sale. ”

7. Lower s the surface preparation cleaning solvent VOC limit to 25 grams per liter (g/l) of material in Paragraph VI(F)(1).

8

. Clarifie s record keeping requirements by explicitly stating what information needs
to be recorded and maintained in P aragraph VII ( C )

, “ Record Keeping Requirements. ”

EVALUATION CRITERIA

1. Enforceability

- The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA
§ 110(a)(2)(A) requirement for enforceability.

2. Stringency

– Code of Federal Regulations (CFR) Title 40, Subpart B, Table 1, “Volatile Organic Compound Emission Standards for Automobile Refinish Coatings” (40 CFR pt. 59, subp ar t. B, tbl.1)

, CARB’s Suggested Control Measure (SCM) titled “Suggested Control Measure for Automotive Coatings,” (approved by the board on October, 2005 )

, and Sacramento Metropolitan Air Quality Management District (SMAQMD) Rule 459

, were used to evaluate rule stringency

. As discussed above

, this rule is not required to implement RACT at this time.

3. SIP Relaxation

- CAA § 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA § 193 prohibits the modifi cation of any SIP

- approved control requirement in effect before November 15, 1990, in a nonattainment area.

2 The version of Rule 410.4A that is currently under review reorganizes provisions under amended paragraph numbers

. All paragraph references in this TSD are to the 2014 version currently under review

.3

EPA EVALUATION

- A summary of our evaluation of the three criteria follows.

1. Enforceability

– With the exception of the issue discussed in the deficiencies section below, the control, recordkeeping and other requirements are adequately
clear and enforceable.

2. Rule Stringency

– As discussed above, Rule 410.4A is not required to implement

RACT. Rule 410.4A is more stringent than the 40 CFR 59.102 Standards table 1

. Therefore, we have determined that Rule 410.4A fulfil l s the relevant stringency requirements for this action. We note, however, that the rule is not as stringent as
CARB’s SCM with respect to VOC content limits . For example, Rule 410.4A
establishes VOC content limits for u nderbody c oating and s ealer at 650 g/l each compared to the SCM‘s limits of 430 g/l, and 250 g/l respectively

.

3. SIP Relaxation

– A pproval of the submittal would comply with CAA § 110(l) and 193 because (1) it would not interfere with the ongoing process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the emission limits in the submitted rule are more stringent than the existing SIP

- approved control requirements that they would replace.

RULE DEFICIENCIES

– The following deficiency preclude s full approval of Rule 410.4A

.

 Paragraph VI (A)

, “ VOC Content Limits

, ” provides VOC limits for c avity wax, deadener, gasket/gasket sealing material, lubricating wax/compounds and trunk

interior coatings . However, in conflict with long

- standing guidance on enforceability such as discussed in the Bluebook, these terms are not defined in
the rule. 3 We note that the VOC limits for these products are contained in EPA’s CTG for automobile assembly line s , and they are usually not included in rules for automobile refinishing such as EKAPCD Rule 410.4A. However, coatings that are used in the process of automobile assembly are exempt from Rule 410.4A. 4

RECOMMENDATIONS FOR THE NEXT RULE REVISION

- The following revision s are not currently the basis for rule disapproval, but are recommended for the next time the rule
is amended

.

3 “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 . P2

- 7.

4 EKAPCD Rule 410.4A

, “ Motor Vehicle and Mobile Equipment Refinishing Operations, ” Section V(A)(5),

s ubmitted July 25, 2014

.4

1. As per EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources (40 CFR §63.11173(e)(1), subpart HHHHHH) , revise the rule to require painters to

receive instruction and certification.

2. Align the VOC content limits and categories of Rule 410.4A to be consistent with CARB’s SCM with respect to coating categories and their respective VOC content
limits in the Coating Limits T able of the SCM

. 5

E PA ACTION

- The submitted Rule 410.4A strengthens the SIP

. The rule largely fulfi l l s the relevant CAA §110 and part D requirements, but the deficienc y discussed above preclude s a full SIP approval. Therefore, EPA staff recommends a simultaneous limited approval and limited disapproval of Rule 410.4A pursuant to CAA §110(k)(3) and §301(a). If the limited disapproval is finalized, there are no CAA § 110(k) federal implementation pl an or § 179 sanction implications because this rule is not a required submittal.

REFERENCES

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988

. 2. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001

. 3. The Code of Federal Regulations (CFR) Title 40 Subpart B National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings §59.102
Standards ta ble 1 (40 CFR 59.102, table 1).

4. EKAPCD Rule 410.4A

, “ Motor Vehicle and Mobile Equipment Refinishing Operations, ” s ubmitted May 10, 1996 and approved into the SIP on November 13, 1998 ( 63 FR 63410 )

. 5. EKAPCD Rule 410.4A

, “ Motor Vehicle and Mobile Equipment Refinishing Operations, ” s ubmitted July 25, 2014

. 6. “ Suggested Control Measure for Automotive Coatings,” CARB

, October 20, 2005.

7. SMAQMD Rule 459, “ Automotive, Mobile Equipment and Associated Parts and Components Coating Operations ,” as submitted on February 23, 2012 and approved into the SIP on August 9, 2012 (77 FR 47536)

. 8. 40 CFR Part 63, Subpart HHHHHH

- National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area

So urces

. 9. “ Control Techniques Guidelines for Automobile and Light

- Duty Truck Assembly Coatings, ” EPA

- 453/R

- 08

- 006, September 2008.

5 “Suggested Control Measure for Automotive Coatings,” CARB, October 20, 2005

, p

. A

- 8.