D.C. Act 21-499. Ward 5 Paint Spray Booth Conditional Moratorium Emergency Act of 2016.

D.C. Act 21-499. Ward 5 Paint Spray Booth Conditional Moratorium Emergency Act of 2016.

AN ACT

To establish, on an emergency basis, a moratorium on the issuance of permits for the construction or operation of automobile paint spray booths in Ward 5; provided, that the moratorium shall not apply to permits for automobile paint spray booths that meet certain conditions.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Ward 5 Paint Spray Booth Conditional Moratorium Emergency Act of 2016".

Note § 8-233.01

Sec. 2. Paint spray booth moratorium.

(a) The Mayor shall not issue a permit for the construction or operation of an automobile paint spray booth in Ward 5.

(b) The Mayor shall not issue a renewal permit for the operation of an automobile paint spray booth in Ward 5.

(c) For the purposes of this act, the term "automobile paint spray booth" means a facility related to an auto body paint shop for which the applicant must obtain a minor source air pollutant permit from the Department of Energy and Environment.

Sec. 3. Scope of moratorium.

(a) Section 2 shall not apply to a permit for the construction of or the operation of, or a renewal permit for the operation of, an automobile paint spray booth that contains conditions at least as restrictive as the following:

(1) Automobile coating for motor vehicle and mobile equipment non-assembly line refinishing and recoating, as applied, shall not contain volatile organic compounds in excess of the specified limit for each of the following coating types:

(A) Adhesion promoters: 540 grams per liter (4.5 pounds per gallon);

(B) Automotive pretreatment coating: 660 grams per liter (5.5 pounds per gallon);

(C) Automotive primer: 250 grams per liter (2.1 pounds per gallon);

(D) Clear coating: 250 grams per liter (2.1 pounds per gallon);

(E) Color coating, including metallic/iridescent color coating: 420 grams per liter (3.5 pounds per gallon);

(F) Multicolor coating: 680 grams per liter (5.7 pounds per gallon);

(G) Other automotive coating type: 250 grams per liter (2.1 pounds per gallon);

(H) Single-stage coating, including single-stage metallic/iridescent coating: 340 grams per liter (2.8 pounds per gallon);

(I) Temporary protective coating: 60 grams per liter (0.50 pounds per gallon);

(J) Truck bed liner coating: 200 grams per liter (1.7 pounds per gallon); and

(K) Underbody coating: 430 grams per liter (3.6 pounds per gallon); and

(2) Cleaning solvent used shall not exceed a volatile organic compound content of 25 grams per liter (0.21 pounds per gallon) except for:

(A) Cleaning solvent used as a bug and tar remover; provided, that the volatile organic compound content of the cleaning solvent shall not exceed 350 grams per liter (2.9 pounds per gallon), and usage shall be limited as follows:

(i) No more than 20 gallons in any consecutive 12-month period for facilities and operations using 400 gallons or more of coating during the 12-month period ending at the end of the previous calendar month;

(ii) No more than 15 gallons in any consecutive 12-month period for facilities and operations using 150 gallons or more, but less than 400 gallons, of coating during the 12-month period ending at the end of the previous calendar month; or

(iii) No more than 10 gallons in any consecutive 12-month period for facilities and operations using less than 150 gallons of coating during the 12-month period ending at the end of the previous calendar month.

(B) Cleaning solvent used to clean plastic parts immediately before coating or for the removal of wax and grease; provided, that:

(i) Non-aerosol, hand-held spray bottles are used to apply the cleaning solvent;

(ii) The volatile organic compound content of the cleaning solvent shall not exceed 780 grams per liter (6.51 pounds per gallon); and

(iii) No more than 20 gallons of the cleaning solvent are used in any consecutive 12-month period in any one business location;

(C) Aerosol cleaning solvent; provided, that 160 ounces or less are used per day per business location; or

(D) Cleaning solvent with a volatile organic compound content no greater than 350 grams per liter (2.92 pounds per gallon), used at a volume equal to or less than 2.5% of the preceding calendar year's annual coating usage, up to a maximum of 15 gallons per calendar year.

(b) The limits in subsection (a)(1) of this section shall represent the weight of volatile organic compound per volume of coating, prepared to the manufacturer's recommended maximum volatile organic compound content, exclusive of water and non-volatile organic compound solvents.

(c) The Mayor shall refer to the Ozone Transport Commission's "Model Rule 2009-12- Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations Alternate Technical Revisions" for calculation methodologies and definitions.

Sec. 4. Applicability.

This act shall apply as of September 11, 2016.

Sec. 5. Sunset.

This act shall expire upon the promulgation of rules by the Mayor that revise section 718 of Chapter 20 of the District of Columbia Municipal Regulations (20 DCMR § 718).

Sec. 6. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Sec. 7. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).