20070627-IR-326060603FCA DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING VOLATILE ORGANIC COMPOUNDS FOR AUTOMOBILE REFINISHING OPERATIONS IN INDIANA  

TITLE 326 AIR POLLUTION CONTROL BOARD

CONTINUATION OF FIRST NOTICE OF COMMENT PERIOD

LSA Document #06-603

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 326 IAC 8-10 concerning automobile refinishing operations in Indiana. The First Notice of Comment Period, published on December 27, 2006 (DIN: 20061227-IR-326060603FNA), requested comments on expanding the existing automobile refinishing rule for Clark, Floyd, Lake, and Porter counties to additional counties in Indiana or the entire state. That comment period has ended; however, IDEM has further considered the options for this rulemaking and at this time is requesting comments on the additional options described in this notice. This Continuation of First Notice of Comment Period provides information that IDEM is considering on automobile refinish coating requirements implemented in California and also on updating and streamlining existing requirements in Indiana's rule. IDEM seeks comment on the alternatives described in this notice, the affected citations listed, and any other provisions of Title 326 that may be affected by this rulemaking.

First Notice of Comment Period: December 27, 2006, Indiana Register (DIN: 20061227-IR-326060603FNA).

A First Notice of Comment Period for the Automobile Refinishing Operations rule was published in the Indiana Register on December 27, 2006 (DIN: 20061227-IR-326060603FNA). This Continuation of the First Notice of Comment Period addresses additional options to be considered during this rulemaking.

In the April 30, 2004, Federal Register (69 FR 23858), the U.S. EPA designated the following 23 Indiana counties: Allen, Boone, Clark, Delaware, Dubois, Elkhart, Floyd, Greene, Hamilton, Hancock, Jackson, Johnson, Lake, LaPorte, Madison, Marion, Morgan, Porter, Shelby, St. Joseph, Vanderburgh, Vigo, Warrick, and Lawrenceburg Township in Dearborn County as nonattainment for the eight-hour ozone National Ambient Air Quality Standard (8-hour ozone standard), which is designed to protect human health and the environment. Since that time, all monitoring locations in Indiana have met the 8-hour ozone standard and IDEM is working with the U.S. EPA to have the 23 counties redesignated to attainment. The Cincinnati, Ohio metropolitan area has not yet attained the 8-hour standard, and IDEM has prepared a State Implementation Plan (SIP) revision for Lawrenceburg Township that addresses its contribution to Cincinnati's ozone nonattainment.

While all monitored portions of Indiana have attained the current 8-hour ozone standard, it is prudent for Indiana to consider implementing additional cost-effective measures to reduce emissions that contribute to the formation of ozone. The reasons for considering additional reductions include: the narrow margin between Indiana's current air quality and the current standard; the fact that the U.S. EPA is in the process of reevaluating the 8-hour ozone standard and will likely lower it; and the concerns expressed by other states that emissions from Indiana are contributing to their inability to attain the standard (the Clean Air Act provides a legal mechanism for those states to require Indiana to reduce Indiana's potential contribution to nonattainment in other states).

Indiana has been working with other states on a suite of measures to be considered by each of these states to reduce our mutual contribution to ozone formation in the upper Midwest and eastern United States. These measures include regulation of volatile organic compounds from: automotive refinishing (the subject of this notice); architectural and industrial maintenance coatings; consumer and commercial products; organic solvent degreasers; and stage 1 vapor recovery from gasoline dispensing facilities. In general, these proposed regulations would expand regulations that already exist in parts of Indiana and other states to cover all similar emissions from each of the participating states. The potential benefits of this coordinated action include improved Indiana and regional air quality that may prevent future nonattainment designations if the U.S. EPA tightens the ozone standard, an improved margin of safety between current Indiana air quality and the current standard, and the reduced likelihood of the need to impose more costly emission reduction measures in the future.

Automobile refinishing rules is one measure that could be used to reduce VOCs. In the First Notice of Comment Period, IDEM proposed to extend the existing automobile refinishing rules currently effective in Clark, Floyd, Lake, and Porter counties to the rest of the state as part of a larger regional effort. With this Continuation of First Notice of Comment Period, IDEM is offering two additional options for consideration in this rulemaking.

First, based on further discussions with other states, IDEM is considering adopting the South Coast Air Quality Management District (SCAQMD) Rule 1151 concerning automobile refinishing shops. The provisions of this rule, which will be effective on July 1, 2008, include many requirements already included in the existing Indiana rule for Clark, Floyd, Lake, and Porter counties. These include the use of electrostatic or high-volume low-pressure (HVLP) spray application techniques, storing solvent laden materials in closed containers, and using a coating applicator cleaning device that recirculates solvent, recovers spent solvent, and minimizes evaporation. The primary difference is that the SCAQMD rule includes VOC content limits for primer/primer surfacer, primer sealer, and topcoat coatings that are about one-half the current limits in the federal rule and Indiana's existing rule. Indiana could expect a reduction of about 29% beyond the reduction provided by the federal rule (40 CFR 59, Subpart B). Based on an estimate of 2002 annual emission of 10,164 tons, this would mean a reduction of approximately 2,948 tons VOC per year. However, an informal survey of automobile refinishing operations in Central Indiana conducted by IDEM in 2005 indicated that most refinishing operations already use the most recent technologies and work practices to benefit from the increased efficiency, safety, and overall cost savings. Therefore, the only significant impact from applying the SCAQMD rule to all Indiana counties is in the reduction of the VOC content limits for certain coatings. The estimated reduction may also be lower because most refinishing operations already comply with the other requirements in the SCAQMD rule. IDEM seeks comments on this alternative, including the fiscal impact of implementing these limits.

IDEM is also proposing to revise the existing rule, as needed, to provide clarity, remove obsolete language, and streamline the structure of the rule. This may include rule language that is more consistent with the federal rule or SCAQMD 1151. IDEM invites comments on ways to clarify and simplify the rule language.

In combination with other efforts to reduce VOCs in Indiana and the other states, the revisions to the automobile refinishing rules under consideration in Indiana will contribute to a regional control of VOC that will assist many counties to reach and maintain attainment for the 8-hour ozone standard. Upon completion, this rule will be submitted to U.S. EPA for approval into the SIP and, along with other regional and state measures, will guide air pollution control efforts in Indiana.

The First Notice of Comment Period, published on December 27, 2006 (DIN: 20061227-IR-326060603FNA), included three alternatives for which comments were received. This Continuation of First Notice of Comment Period adds two additional alternatives to be considered.