83 FR 25615 - Air Plan Approval; Connecticut; Volatile Organic Compound Emissions From Consumer Products and Architectural and Industrial Maintenance Coatings
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 107 (June 4, 2018)
Federal Register Volume 83, Issue 107 (June 4, 2018)
| Page Range | 25615-25617 | |
| FR Document | 2018-11596 |
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)] [Proposed Rules] [Pages 25615-25617] From the Federal Register Online [www.thefederalregister.org] [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] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Proposed Rules 25615
area. Accordingly, new or modified Order 13132 (64 FR 43255, August 10, Connecticut. The SIP revision amends
major sources of VOC and NH3 may be 1999); requirements for controlling volatile
exempted from the state’s NNSR • Is not an economically significant organic compound (VOC) emissions
program requirements for PM2.5 in the regulatory action based on health or from consumer products and
Cleveland PM2.5 nonattainment area. safety risks subject to Executive Order architectural and industrial
13045 (62 FR 19885, April 23, 1997); maintenance (AIM) coatings by revising
III. EPA’s Proposed Action • Is not a significant regulatory action Regulations of Connecticut State
Ohio’s attainment demonstration subject to Executive Order 13211 (66 FR Agencies (RCSA) sections 22a–174–40,
modeling, and precursor analysis for 28355, May 22, 2001); 22a–174–41, and adding section 22a–
both attainment planning RACM and • Is not subject to requirements of 174–41a. The intended effect of this
nonattainment NNSR determined that Section 12(d) of the National action is to propose approval of these
VOCs and NH3 do not significantly Technology Transfer and Advancement regulations into the Connecticut SIP.
contribute to PM2.5 concentrations in the Act of 1995 (15 U.S.C. 272 note) because This action is being taken in accordance
area. EPA finds that Ohio’s analysis is application of those requirements would with the Clean Air Act (CAA).
reasonable and well supported. EPA is be inconsistent with the CAA; and DATES: Written comments must be
thus proposing to approve the following • Does not provide EPA with the received on or before July 5, 2018.
elements of the 2012 SIP submission: discretionary authority to address, as ADDRESSES: Submit your comments,
The base year 2011 emissions inventory appropriate, disproportionate human identified by Docket ID No. EPA–R01–
to meet the section 172(c)(3) health or environmental effects, using OAR–2018–0099 at
requirement for emission inventories; practicable and legally permissible www.regulations.gov, or via email to
the demonstration of attainment for methods, under Executive Order 12898 mackintosh.david@epa.gov. For
2021 as meeting the statutory (59 FR 7629, February 16, 1994). comments submitted at Regulations.gov,
requirement in CAA 189(a)(1)(B); In addition, the SIP is not approved
follow the online instructions for
current controls as meeting RACM to apply on any Indian reservation land
submitting comments. Once submitted,
requirements of 172(c)(1) and or in any other area where EPA or an
comments cannot be edited or removed
189(a)(1(C). Indian tribe has demonstrated that a
from Regulations.gov. For either manner
tribe has jurisdiction. In those areas of
IV. Statutory and Executive Order of submission, the EPA may publish any
Indian country, the rule does not have
Reviews comment received to its public docket.
tribal implications and will not impose
Do not submit electronically any
Under the CAA, the Administrator is substantial direct costs on tribal
information you consider to be
required to approve a SIP submission governments or preempt tribal law as
Confidential Business Information (CBI)
that complies with the provisions of the specified by Executive Order 13175 (65 or other information whose disclosure is
CAA and applicable Federal regulations. FR 67249, November 9, 2000). restricted by statute. Multimedia
42 U.S.C. 7410(k); 40 CFR 52.02(a). submissions (audio, video, etc.) must be
List of Subjects in 40 CFR Part 52
Thus, in reviewing SIP submissions, accompanied by a written comment.
EPA’s role is to approve state choices, Environmental protection, Air
pollution control, Incorporation by The written comment is considered the
provided that they meet the criteria of official comment and should include
the CAA. Accordingly, this action reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and discussion of all points you wish to
merely approves state law as meeting make. The EPA will generally not
Federal requirements and does not recordkeeping requirements, Sulfur
consider comments or comment
impose additional requirements beyond oxides, Volatile organic compounds. contents located outside of the primary
those imposed by state law. For that Dated: May 21, 2018. submission (i.e. on the web, cloud, or
reason, this action: Cathy Stepp, other file sharing system). For
• Is not a significant regulatory action Regional Administrator, Region 5.
additional submission methods, please
subject to review by the Office of
[FR Doc. 2018–11748 Filed 6–1–18; 8:45 am] contact the person identified in the FOR
Management and Budget under
BILLING CODE 6560–50–P FURTHER INFORMATION CONTACT section.
Executive Orders 12866 (58 FR 51735,
For the full EPA public comment policy,
October 4, 1993) and 13563 (76 FR 3821,
information about CBI or multimedia
January 21, 2011); ENVIRONMENTAL PROTECTION
• Is not an Executive Order 13771 (82 submissions, and general guidance on
AGENCY making effective comments, please visit
FR 9339, February 2, 2017) regulatory
action because SIP approvals are www.epa.gov/dockets/commenting-epa-
40 CFR Part 52 dockets. Publicly available docket
exempted under Executive Order 12866;
• Does not impose an information [EPA–R01–OAR–2018–0099; FRL–9978– materials are available at
collection burden under the provisions 26—Region 1] www.regulations.gov or at the U.S.
of the Paperwork Reduction Act (44 Environmental Protection Agency, EPA
Air Plan Approval; Connecticut; New England Regional Office, Office of
U.S.C. 3501 et seq.);
• Is certified as not having a Volatile Organic Compound Emissions Ecosystem Protection, Air Quality
significant economic impact on a From Consumer Products and Planning Unit, 5 Post Office Square—
substantial number of small entities Architectural and Industrial Suite 100, Boston, MA. EPA requests
under the Regulatory Flexibility Act (5 Maintenance Coatings that if at all possible, you contact the
sradovich on DSK3GMQ082PROD with PROPOSALS
U.S.C. 601 et seq.); AGENCY: Environmental Protection contact listed in the FOR FURTHER
• Does not contain any unfunded Agency (EPA). INFORMATION CONTACT section to
mandate or significantly or uniquely schedule your inspection. The Regional
ACTION: Proposed rule.
affect small governments, as described Office’s official hours of business are
in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection Monday through Friday, 8:30 a.m. to
of 1995 (Pub. L. 104–4); Agency (EPA) is proposing to approve a 4:30 p.m., excluding legal holidays.
• Does not have Federalism State Implementation Plan (SIP) FOR FURTHER INFORMATION CONTACT:
implications as specified in Executive revision submitted by the State of David Mackintosh, Air Quality Planning
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![Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Proposed Rules 25617
• Is not a significant regulatory action submissions address the requirement 2. EPA’s Prong 1 Evaluation
subject to Executive Order 13211 (66 FR that each SIP contain adequate 3. EPA’s Prong 2 Evaluation
28355, May 22, 2001); provisions prohibiting air emissions that E. Wyoming
• Is not subject to requirements of 1. State’s Analysis
will have certain adverse air quality
2. EPA’s Prong 1 Evaluation
Section 12(d) of the National effects in other states. The EPA is 3. EPA’s Prong 2 Evaluation
Technology Transfer and Advancement proposing to approve portions of these IV. Proposed Action
Act of 1995 (15 U.S.C. 272 note) because infrastructure SIPs for the V. Statutory and Executive Order Reviews
application of those requirements would aforementioned states as containing
be inconsistent with the Clean Air Act; adequate provisions to ensure that air I. Background
and emissions in the states will not On June 2, 2010, the EPA established
• Does not provide EPA with the significantly contribute to a new primary 1-hour SO2 NAAQS of 75
discretionary authority to address, as nonattainment or interfere with parts per billion (ppb), based on a 3-year
appropriate, disproportionate human maintenance of the 2010 SO2 NAAQS in average of the annual 99th percentile of
health or environmental effects, using any other state. 1-hour daily maximum concentrations.1
practicable and legally permissible DATES: Comments must be received on The CAA requires states to submit,
methods, under Executive Order 12898 or before July 5, 2018. within 3 years after promulgation of a
(59 FR 7629, February 16, 1994). ADDRESSES: Submit your comments, new or revised NAAQS, SIPs meeting
In addition, the SIP is not approved identified by Docket ID No EPA–R08– the applicable ‘‘infrastructure’’ elements
to apply on any Indian reservation land OAR–2018–0109 at http:// of sections 110(a)(1) and (2). One of
or in any other area where EPA or an www.regulations.gov. Follow the online these applicable infrastructure elements,
Indian tribe has demonstrated that a instructions for submitting comments. CAA section 110(a)(2)(D)(i), requires
tribe has jurisdiction. In those areas of Once submitted, comments cannot be SIPs to contain ‘‘good neighbor’’
Indian country, the rule does not have edited or removed from provisions to prohibit certain adverse
tribal implications and will not impose www.regulations.gov. The EPA may air quality effects on neighboring states
substantial direct costs on tribal publish any comment received to its due to interstate transport of pollution.
governments or preempt tribal law as Section 110(a)(2)(D)(i) includes four
public docket. Do not submit
specified by Executive Order 13175 (65 distinct components, commonly
electronically any information you
FR 67249, November 9, 2000). referred to as ‘‘prongs,’’ that must be
consider to be Confidential Business
addressed in infrastructure SIP
List of Subjects in 40 CFR Part 52 Information (CBI) or other information
submissions. The first two prongs,
Environmental protection, Air whose disclosure is restricted by statute.
which are codified in section
pollution control, Incorporation by Multimedia submissions (audio, video,
110(a)(2)(D)(i)(I), require SIPs to contain
reference, Intergovernmental relations, etc.) must be accompanied by a written adequate provisions that prohibit any
Ozone, Reporting and recordkeeping comment. The written comment is source or other type of emissions
requirements, Volatile organic considered the official comment and activity in one state from contributing
compounds. should include discussion of all points significantly to nonattainment of the
you wish to make. The EPA will NAAQS in another state (prong 1) and
Dated: May 23, 2018. generally not consider comments or
Alexandra Dunn,
from interfering with maintenance of
comment contents located outside of the the NAAQS in another state (prong 2).
Regional Administrator, EPA Region 1. primary submission (i.e., on the web, The third and fourth prongs, which are
[FR Doc. 2018–11596 Filed 6–1–18; 8:45 am] cloud, or other file sharing system). For codified in section 110(a)(2)(D)(i)(II),
BILLING CODE 6560–50–P additional submission methods, the full require SIPs to contain adequate
EPA public comment policy, provisions that prohibit emissions
information about CBI or multimedia activity in one state from interfering
ENVIRONMENTAL PROTECTION submissions and general guidance on with measures required to prevent
AGENCY making effective comments, please visit significant deterioration of air quality in
http://www2.epa.gov/dockets/ another state (prong 3) or from
40 CFR Part 52 commenting-epa-dockets. interfering with measures to protect
[EPA–R08–OAR–2018–0109; FRL–9978–72– FOR FURTHER INFORMATION CONTACT: visibility in another state (prong 4).
Region 8] Adam Clark, Air Program, U.S. EPA In this action, the EPA is proposing to
Region 8, (303) 312–7104, clark.adam@ approve the prong 1 and prong 2
Interstate Transport Prongs 1 and 2 for epa.gov. portions of infrastructure SIP
the 2010 Sulfur Dioxide (SO2) Standard SUPPLEMENTARY INFORMATION: submissions submitted by: Colorado on
for Colorado, Montana, North Dakota, I. Background July 17, 2013 and February 16, 2018;
South Dakota and Wyoming II. Relevant Factors To Evaluate 2010 SO2 Montana on July 15, 2013; North Dakota
Interstate Transport SIPs on March 7, 2013; South Dakota on
AGENCY: Environmental Protection III. States’ Submissions and EPA’s Analysis
Agency (EPA). December 20, 2013; and Wyoming on
A. Colorado
ACTION: Proposed rule. 1. State’s Analysis March 6, 2015, as containing adequate
2. EPA’s Prong 1 Evaluation provisions to ensure that air emissions
SUMMARY: The Environmental Protection 3. EPA’s Prong 2 Evaluation in these states will not significantly
Agency (EPA) is proposing to approve B. Montana contribute to nonattainment or interfere
sradovich on DSK3GMQ082PROD with PROPOSALS
portions of State Implementation Plan 1. State’s Analysis with maintenance of the 2010 SO2
(SIP) submissions from Colorado, 2. EPA’s Prong 1 Evaluation NAAQS in any other state. All other
Montana, North Dakota, South Dakota 3. EPA’s Prong 2 Evaluation applicable infrastructure SIP
and Wyoming addressing the Clean Air C. North Dakota
1. State’s Analysis
requirements for these SIP submissions
Act (CAA or Act) interstate transport 2. EPA’s Prong 1 Evaluation have been addressed in separate
SIP requirements for the 2010 Sulfur 3. EPA’s Prong 2 Evaluation rulemakings.
Dioxide (SO2) National Ambient Air D. South Dakota
Quality Standards (NAAQS). These 1. State’s Analysis 1 75 FR 35520 (June 22, 2010).
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Document Created: 2018-06-02 00:47:31
Document Modified: 2018-06-02 00:47:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before July 5, 2018. | |
| Contact | David Mackintosh, Air Quality Planning 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] | |
| FR Citation | 83 FR 25615 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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