Air Plan Approval; Connecticut; Volatile Organic Compound Emissions From Consumer Products and Architectural and Industrial Maintenance Coatings, 25615-25617 [2018-11596]
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Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Proposed Rules
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);
III. EPA’s Proposed Action
• Is not a significant regulatory action
Ohio’s attainment demonstration
subject to Executive Order 13211 (66 FR
modeling, and precursor analysis for
28355, May 22, 2001);
• Is not subject to requirements of
both attainment planning RACM and
Section 12(d) of the National
nonattainment NNSR determined that
Technology Transfer and Advancement
VOCs and NH3 do not significantly
contribute to PM2.5 concentrations in the Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
area. EPA finds that Ohio’s analysis is
be inconsistent with the CAA; and
reasonable and well supported. EPA is
• Does not provide EPA with the
thus proposing to approve the following
discretionary authority to address, as
elements of the 2012 SIP submission:
The base year 2011 emissions inventory appropriate, disproportionate human
health or environmental effects, using
to meet the section 172(c)(3)
practicable and legally permissible
requirement for emission inventories;
methods, under Executive Order 12898
the demonstration of attainment for
(59 FR 7629, February 16, 1994).
2021 as meeting the statutory
In addition, the SIP is not approved
requirement in CAA 189(a)(1)(B);
to apply on any Indian reservation land
current controls as meeting RACM
or in any other area where EPA or an
requirements of 172(c)(1) and
Indian tribe has demonstrated that a
189(a)(1(C).
tribe has jurisdiction. In those areas of
IV. Statutory and Executive Order
Indian country, the rule does not have
Reviews
tribal implications and will not impose
substantial direct costs on tribal
Under the CAA, the Administrator is
governments or preempt tribal law as
required to approve a SIP submission
that complies with the provisions of the specified by Executive Order 13175 (65
CAA and applicable Federal regulations. FR 67249, November 9, 2000).
42 U.S.C. 7410(k); 40 CFR 52.02(a).
List of Subjects in 40 CFR Part 52
Thus, in reviewing SIP submissions,
Environmental protection, Air
EPA’s role is to approve state choices,
pollution control, Incorporation by
provided that they meet the criteria of
reference, Nitrogen dioxide, Ozone,
the CAA. Accordingly, this action
Particulate matter, Reporting and
merely approves state law as meeting
recordkeeping requirements, Sulfur
Federal requirements and does not
impose additional requirements beyond oxides, Volatile organic compounds.
those imposed by state law. For that
Dated: May 21, 2018.
reason, this action:
Cathy Stepp,
• Is not a significant regulatory action Regional Administrator, Region 5.
subject to review by the Office of
[FR Doc. 2018–11748 Filed 6–1–18; 8:45 am]
Management and Budget under
BILLING CODE 6560–50–P
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
ENVIRONMENTAL PROTECTION
• Is not an Executive Order 13771 (82
AGENCY
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
40 CFR Part 52
exempted under Executive Order 12866;
[EPA–R01–OAR–2018–0099; FRL–9978–
• Does not impose an information
26—Region 1]
collection burden under the provisions
of the Paperwork Reduction Act (44
Air Plan Approval; Connecticut;
U.S.C. 3501 et seq.);
Volatile Organic Compound Emissions
• Is certified as not having a
From Consumer Products and
significant economic impact on a
Architectural and Industrial
substantial number of small entities
Maintenance Coatings
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
AGENCY: Environmental Protection
• Does not contain any unfunded
Agency (EPA).
mandate or significantly or uniquely
ACTION: Proposed rule.
affect small governments, as described
SUMMARY: The Environmental Protection
in the Unfunded Mandates Reform Act
Agency (EPA) is proposing to approve a
of 1995 (Pub. L. 104–4);
• Does not have Federalism
State Implementation Plan (SIP)
implications as specified in Executive
revision submitted by the State of
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area. Accordingly, new or modified
major sources of VOC and NH3 may be
exempted from the state’s NNSR
program requirements for PM2.5 in the
Cleveland PM2.5 nonattainment area.
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25615
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
mackintosh.david@epa.gov. 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-epadockets. 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
E:\FR\FM\04JNP1.SGM
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25616
Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Proposed Rules
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
mackintosh.david@epa.gov.
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
sradovich on DSK3GMQ082PROD with PROPOSALS
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
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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
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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);
E:\FR\FM\04JNP1.SGM
04JNP1
Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Proposed Rules
• 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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2018–0109; FRL–9978–72–
Region 8]
Interstate Transport Prongs 1 and 2 for
the 2010 Sulfur Dioxide (SO2) Standard
for Colorado, Montana, North Dakota,
South Dakota and Wyoming
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of State Implementation Plan
(SIP) submissions from Colorado,
Montana, North Dakota, South Dakota
and Wyoming addressing the Clean Air
Act (CAA or Act) interstate transport
SIP requirements for the 2010 Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS). These
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:57 Jun 01, 2018
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submissions address the requirement
that each SIP contain adequate
provisions prohibiting air emissions that
will have certain adverse air quality
effects in other states. The EPA is
proposing to approve portions of these
infrastructure SIPs for the
aforementioned states as containing
adequate provisions to ensure that air
emissions in the states will not
significantly contribute to
nonattainment or interfere with
maintenance of the 2010 SO2 NAAQS in
any other state.
DATES: Comments must be received on
or before July 5, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R08–
OAR–2018–0109 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. 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, the full
EPA public comment policy,
information about CBI or multimedia
submissions and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air Program, U.S. EPA
Region 8, (303) 312–7104, clark.adam@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Relevant Factors To Evaluate 2010 SO2
Interstate Transport SIPs
III. States’ Submissions and EPA’s Analysis
A. Colorado
1. State’s Analysis
2. EPA’s Prong 1 Evaluation
3. EPA’s Prong 2 Evaluation
B. Montana
1. State’s Analysis
2. EPA’s Prong 1 Evaluation
3. EPA’s Prong 2 Evaluation
C. North Dakota
1. State’s Analysis
2. EPA’s Prong 1 Evaluation
3. EPA’s Prong 2 Evaluation
D. South Dakota
1. State’s Analysis
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25617
2. EPA’s Prong 1 Evaluation
3. EPA’s Prong 2 Evaluation
E. Wyoming
1. State’s Analysis
2. EPA’s Prong 1 Evaluation
3. EPA’s Prong 2 Evaluation
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On June 2, 2010, the EPA established
a new primary 1-hour SO2 NAAQS of 75
parts per billion (ppb), based on a 3-year
average of the annual 99th percentile of
1-hour daily maximum concentrations.1
The CAA requires states to submit,
within 3 years after promulgation of a
new or revised NAAQS, SIPs meeting
the applicable ‘‘infrastructure’’ elements
of sections 110(a)(1) and (2). One of
these applicable infrastructure elements,
CAA section 110(a)(2)(D)(i), requires
SIPs to contain ‘‘good neighbor’’
provisions to prohibit certain adverse
air quality effects on neighboring states
due to interstate transport of pollution.
Section 110(a)(2)(D)(i) includes four
distinct components, commonly
referred to as ‘‘prongs,’’ that must be
addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), require SIPs to contain
adequate provisions that prohibit any
source or other type of emissions
activity in one state from contributing
significantly to nonattainment of the
NAAQS in another state (prong 1) and
from interfering with maintenance of
the NAAQS in another state (prong 2).
The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II),
require SIPs to contain adequate
provisions that prohibit emissions
activity in one state from interfering
with measures required to prevent
significant deterioration of air quality in
another state (prong 3) or from
interfering with measures to protect
visibility in another state (prong 4).
In this action, the EPA is proposing to
approve the prong 1 and prong 2
portions of infrastructure SIP
submissions submitted by: Colorado on
July 17, 2013 and February 16, 2018;
Montana on July 15, 2013; North Dakota
on March 7, 2013; South Dakota on
December 20, 2013; and Wyoming on
March 6, 2015, as containing adequate
provisions to ensure that air emissions
in these states will not significantly
contribute to nonattainment or interfere
with maintenance of the 2010 SO2
NAAQS in any other state. All other
applicable infrastructure SIP
requirements for these SIP submissions
have been addressed in separate
rulemakings.
1 75
E:\FR\FM\04JNP1.SGM
FR 35520 (June 22, 2010).
04JNP1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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);
[[Page 25617]]
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]
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