[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Proposed Rules]
[Pages 25615-25617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11596]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0099; FRL-9978-26--Region 1]


Air Plan Approval; Connecticut; Volatile Organic Compound 
Emissions From Consumer Products and Architectural and Industrial 
Maintenance Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Connecticut. The SIP revision amends requirements for 
controlling volatile organic compound (VOC) emissions from consumer 
products and architectural and industrial maintenance (AIM) coatings by 
revising Regulations of Connecticut State Agencies (RCSA) sections 22a-
174-40, 22a-174-41, and adding section 22a-174-41a. The intended effect 
of this action is to propose approval of these regulations into the 
Connecticut SIP. This action is being taken in accordance with the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before July 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0099 at www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available 
docket materials are available at www.regulations.gov or at the U.S. 
Environmental Protection Agency, EPA New England Regional Office, 
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post 
Office Square--Suite 100, Boston, MA. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Planning

[[Page 25616]]

Unit, U.S. Environmental Protection Agency, New England Regional 
Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, 
MA 02109-3912, telephone 617-918-1584, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. EPA's Evaluation of the Submittal
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    In the summer of 2011, the Ozone Transport Commission (OTC) updated 
its Architectural and Industrial Maintenance Model Rule, and in the 
spring of 2013, OTC updated its Consumer Products Model Rule. 
Connecticut subsequently revised its regulations at RCSA section 22a-
174-40, ``Consumer Products,'' and section 22a-174-41, ``Architectural 
and Industrial Maintenance Products--Phase 1,'' and added section 22a-
174-41, ``Architectural and Industrial Maintenance Products--Phase 2,'' 
which all became effective in the State of Connecticut on October 5, 
2017. Connecticut submitted these regulations to EPA in a SIP revision 
dated October 18, 2017.
    EPA last approved Connecticut's RCSA section 22a-174-40, ``Consumer 
Products,'' into the Connecticut SIP on June 9, 2014 (79 FR 32873) and 
last approved RCSA section 22a-174-41, ``Architectural and Industrial 
Maintenance Products,'' into the Connecticut SIP on August 22, 2012 (77 
FR 50595).

II. EPA's Evaluation of the Submittal

    Connecticut revised section 22a-174-40, ``Consumer Products,'' is 
based on the 2013 OTC Model Rule for Consumer Products. Connecticut's 
rule contains limits for more categories of consumer products than 
EPA's National Volatile Organic Compound Emission Standards for 
Consumer Products rule at 40 CFR part 59 subpart C (63 FR 48831, 
September 11, 1998). The regulation limits are also equal to, or more 
stringent than, those found in EPA's consumer products rule.
    The consumer products listed in Section 22a-174-40 include items 
sold to retail consumers for household or automotive use, as well as 
products used in commercial and institutional settings, such as beauty 
shops, schools and hospitals. The regulation has VOC content limits for 
over one hundred categories. In addition to the VOC emissions limits, 
the regulation includes: Limits on toxic contaminants in 
antiperspirants and deodorants and other consumer products; 
requirements for charcoal lighter materials, aerosol adhesives and 
floor wax strippers; requirements for products containing ozone-
depleting compounds; product labeling requirements; and record keeping, 
reporting and testing requirements.
    Connecticut revised RCSA section 22a-174-41, ``Architectural and 
Industrial Maintenance Products'' renaming the section ``Architectural 
and Industrial Maintenance Products--Phase 1,'' and changing its 
applicability to only regulate AIM coatings manufactured through April 
30, 2018. For AIM coatings manufactured on and after May 1, 2018, 
Connecticut added a new section 22a-174-41a ``Architectural and 
Industrial Maintenance Products--Phase 2,'' which contains a number of 
new coating categories and reduced VOC content limits for some existing 
coating categories, consistent with the 2011 OTC AIM model rule. The 
limits in the Connecticut AIM rules remain as stringent as, or more 
stringent than, those contained in the EPA's AIM rule at 40 CFR part 59 
Subpart D (63 FR 48848; September 11, 1998).
    Connecticut's revised RCSA sections 22a-174-40, 22a-174-41, and new 
section 22a-174-41a include additional and more stringent VOC emission 
controls than the previous SIP-approved version of the consumer product 
and AIM rules. Thus, the SIP revision satisfies the requirements of 
Section 110(l) of the CAA because the revision will not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of the CAA. Accordingly, 
we are proposing to approve Connecticut's revised regulations into the 
Connecticut SIP.

III. Proposed Action

    EPA is proposing to approve and incorporate into the Connecticut 
SIP revised RCSA section 22a-174-40, ``Consumer Products,'' revised 
section 22a-174-41, ``Architectural and Industrial Maintenance 
Products--Phase 1,'' and new section 22a-174-41a ``Architectural and 
Industrial Maintenance Products--Phase 2,'' all of which became 
effective in the State of Connecticut on October 5, 2017.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to this 
proposed rule by following the instructions listed in the ADDRESSES 
section of this Federal Register.

IV. Incorporation by Reference

    In this rule, the 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, the EPA is proposing to incorporate by 
reference Connecticut RCSA sections 22a-174-40, 22a-174-41, and 22a-
174-41a. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and in 
hard copy at the appropriate EPA office.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed 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);
     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 under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);

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     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

     Dated: May 23, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-11596 Filed 6-1-18; 8:45 am]
 BILLING CODE 6560-50-P