# Attachment E

Revision to Connecticut’s State Implementation Plan

Adopted Regulations

1. 8-Hour Ozone Package a. Amendment of Section 22a-174-20( l ), Metal Cleaning;
b. Adoption of Section 22a-174- 40, Consumer Products; and c. Adoption of Section 22a-174-41,
Architectural and Industrial Maintenance Products.
2. Amendment of Section 22a-174- 43, Portable Fuel Container Spillage 3. Amendment of Section 22a-174-24( i ), 8-Hour Ozone Standard



# Connecticut Department of Environmental Protection February 1, 2008

## STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION



### HEARING CERTIFICATION

This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part 51.102 that the actions listed below were taken regarding three regulatory proposals intended to result in emissions reductions for inclusion in the State’s plan to attain and maintain the national ambient air quality standard for 8-hour ozone: an amendment to section 22a-174-20(/) and the adoption of sections 22a-174-40 and 22a-174-41 of the Regulations of Connecticut State Agencies.



## 1) The public hearing was held on June 27, 2006 as announced in the notice of hearing (copy attached);



## 2) In accordance with the notice, materials were available for review in each Air Quality Control Region (AQCR) in Connecticut;



## 3) Copies of the notice were mailed to the directors of the air pollution control agencies in New York, New Jersey, Rhode Island and Massachusetts along with a copy to the Director of the Air Management Division of Region I of the U.S. Environmental Protection Agency; and

4) The notice of hearing was published in newspapers as follows:

Newspaper AOCR Date



### Connecticut Law Journal May 23, 2006

Connecticut Post (Bridgeport) 

### 43 May 23, 2006

Hartford Courant 42 

### May 23, 2006

New London Day 41 

### May 23, 2006

The Register Citizen (Torrington) 44 

### May 23, 2006

Date ~ / 

### ~’4~ir gvlanagementNotice of Intent to Amend and Adopt Sections of the Regulations of Connecticut State Agencies and to Revise the State Implementation Plan for Air Quality

The Commissioner of Environmental Protection hereby gives notice of a public hearing as part of a rulemaking proceeding. The purpose of this proceeding is to amend one existing and adopt two new sections of the Regulations of Connecticut State Agencies (R.C.S.A.). The amended and
new sections are described below. The amended and new sections will be submitted to the U.S. Environmental Protection Agency (EPA) for review and approval as revisions to the State Implementation Plan for air quality required by the Clean Air Act Amendments of 1990. The associated emissions reductions will be included in the State’s plan to attain and maintain the national ambient air quality standard for 8-hour ozone.

All interested persons are invited to comment on each of the three air quality regulations involved in this proposal. Comments should be submitted to the Department of Environmental Protection, Bureau of Air Management, Planning and Standards Division, 79 Elm Street,
Hartford, Connecticut 06106-5127. All comments should be directed to the attention of Patricia Downes and must be received by 4:30 PM on June 30, 2006. Comments may be submitted by post, facsimile to (860) 424-4063 or by electronic mail to patricia.downes@po.state.ct.us.

The three sections of the air quality regulations included in this proposal are as follows:

R.C.S.A. section 22a-174-20(/) - Metal cleaning: The amendment to R.C.S.A. section 22a174-20(/) adds a limitation on the vapor pressure of solvents used in cold cleaning and other requirements to further limit emissions of volatile organic compounds (VOCs) from metal cleaning. The amendment also adds an exemption from a conveyor speed requirement for the owners and operators of continuous web cleaning machines operated with other equipment to control the release of VOCs; and definitions necessary to implement the revised requirements. The limitation and other requirements conform to the Ozone Transport Commission’s (OTC’s) 2001 Model Rule for Solvent Cleaning. This amended section will be submitted to EPA as a reasonably available control technology (RACT) for VOC in satisfaction of 40 CFR section
51.912.

R.C.S.A. section 22a-174-40 - Consumer products: This new section limits VOC emissions from consumer products through VOC content limits developed in 2001 by the OTC as part of a model rule. In addition to the 2001 OTC model rule requirements, the proposed section includes new and revised VOC emissions limits and related provisions for 25 consumer product categories that were adopted by the California Air Resources Board on July 20, 2005. Further information on that California rulemaking proceeding is available at: http://www.arb.ca.gov/consprod/consprod.htm. This section will be submitted to EPA as a reasonably available control measure (RACM) in satisfaction of 40 CFR section 51.912.R.C.S.A. section 22a-174-41 - Architectural and industrial maintenance coatings: This new

section limits VOC emissions from architectural coatings and industrial maintenance coatings through VOC content limits developed in 2001 by the OTC as part of a model rule. This section

will be submitted to EPA as a RACM in satisfaction of 40 CFR section 51.912.



### In addition to accepting written comments on each of the three regulations included in this proposal, the Department will also hold the public hearing described below. Any person appearing at the hearing is requested to submit a written copy of his or her statement. However, oral comments will also be made a part of the hearing record and are welcome.

PUBLIC HEARING June 27, 2006 at I:30PM Department of Environmental Protection, 5th Floor, Holcombe Room

79 Elm Street, Hartford, CT

Copies of the amended and new sections described above and statements required by section 22a6(h) of the Connecticut General Statutes (C.G.S.) identifying how each amended and new section differs from applicable federal requirements are available for public inspection during normal business hours and may be obtained from Patricia Downes at the Bureau of Air Management, Planning and Standards Division, 5th Floor, 79 Elm Street, Hartford, CT. Additional copies are also available for review at the Law Reference Desk at the Connecticut State Library, Torrington Public Library, New London Public Library and Bridgeport Public Library. For further information, contact Patricia Downes of the Bureau of Air Management at (860) 424-3027 or by
electronic mail to patricia.downes@po.state.ct.us.

The Department is an affirmative action/equal opportunity employer, providing programs and services in a fair and impartial manner. In conformance with the Americans with Disabilities Act of 1990, individuals with disabilities who need information in an alternative format to allow such individuals to benefit from and/or participate in the Department’s programs and services should call TDD (860)-424-3000 and make their request to the receptionist. Requests for accommodations to attend the noticed hearing must be made at least two weeks prior to the hearing date to Marcia Z. Bonitto, ADA Coordinator, via electronic mail to Marcia.Bonitto@po.state.ct.us.

The authority to adopt the proposed amendment and new sections is granted by C.G.S. sections 22a-6 and 22a-174. This notice is required pursuant to C.G.S. sections 22a-6 and 4-168 and 40

CFR section 51.102.



### May 1, 2006
Date /s/Gina McCarthy
CommissionerCONNECTICUT LAW JOURNAL Page



### ADMINISTRATIVE REGULATIONS

Regulations and notices published herein, pursuant to General Statutes Sections 4-168 and 4-173, are printed exactly as submitted by the forwarding agencies. These, being official documents submitted by the responsible agencies, are consequently not subject to editing by the Commission on Official Legal Publications,A cumulative list of effective ame.ndments to the Regulations of Connecticut State Agencies may be found in the Connecticut Law Journal dated May 2, 2006.

.. DEPARTMENT OF ENVIRONMENTAL PROTECTION

Notice of Intent to Amend and Adopt Sections of the Regulations of Connecticut State Agencies and to Revise the State Implementation Plan for Air Quality ,

The Commissioner of Environmental Protection hereby gives notice of a public hearing as part of a rulemaking proceeding. The purpose of this proceeding is to amend one existing and .adopt two new sections of the Regulations of Connecticut State Agencies (R.C.S.A.). The-amended and new sections are described below.
The amended and new sections will be submitted to the U.S. Environmental Protection Agency (EPA) for review and approvalas revisions to the State Implementation Plan for air quality require d by the Clean Air Aci~ Amendments of 1990. The associated emissions reductions will be included in the State’s plan to attain and maintain the national ambient air quality standard for 8-hour ozone.

All interested persons are invited to comment on each of the three air qualityregulations involved in this proposal. Comments should be submitted to the Department of Environmental Protection, Bureau of Air Management, Planning and Standards Division, 79 Elm Street, Hartford, Connecticut 06106-5127. All comments should be directed to the attention of Patricia Downes and must be received by 4:30 PM on June 30, 2006. Comments may be submitted by post, facsimile to (860) 424-4063 or by electronic mail to patricia.downes@po.state.ct.us,
The three sections of the air quality regulations included in this proposal are as follows:

R.C,S.A. section 22a-174-20(/) - Metal cleaning: The amendment to R.C.S.A. section 22a-174-20(/) adds a limitation on the .vapor pressure of solvents used in cold cleaning and other requirements to further limit emissions of volatile organic compounds (VOCs) from metal cleaning. The amendment also adds an exemption from a conveyor speed requirement for the owners and operators of continuous web cleaning machines operated with other equipment to control the release of VOCs; and definitions necessary to implement the revised requirements. The limitation and other requirements conform to the Ozone Transport Commission’s (OTC’s) 2001 Model Rule for Solvent Cleaning. This amended section willbe submitted to EPA as a reasonably available control technology (RACT) for VOC in satisfaction of 40 CFR section 51.912.

R.C.S.A. section 22a-174-40 - Consumer products: This new section limits VOC emissions from consumer products through VOC content limits developed in Pa[je 2B CONNECTICUT LAW JOURNAL .-~a. May 23, 2006

2001 by the OTC as part of a m6del rute. In addition to the 20o1" OTC model rule requirements, the proposed section includes new and revised VOC emissions limits and related provisions for 25 consumer product categories that were adopted by the California Air Resources Board on July 20, 2005. Further information on that California rulemaking proceeding is available at: htto://www,arb.ca.gov/consprod/consprod.htm. This section will be submitted to EP’A as a reasonably available control measure (RACM) in satisfaction of 40 CFR
section 51.912.

R.C.S.A. section 22a-174-41 - Architectural and industrial maintenance coatings: This new section limits VOC emissions from architectural coatings and industrial maintenance coatings through VOC content limits developed in 2001 by the OTC as part of a model rule. This section will be submitted to EPA as a RACM in satisfaction of 40 CFR section 51.912.

In addition to accepting written comments on each.of the three regulations included in this proposal, the Department will also hold the public hearing described below. Any person appearing at the hearing is requested to submit a written copy of his or her statement. However,-oral comments will also be made a part of the hearing record and are welcome.

PUBLIC HEARING June 27, 2006 at I:30PM

 ̄ Department of Environmental Protectio~t,-5th Floor~ Holcombe Room

79 Elm Street, Hartford, CT

Copies of ~e amended and new sections described above and statements required by section 22a-6(h) of the Connecticut General Statutes (C.G.S.) identifying how each amended and new section differs from applicable federal requirements are available for public inspection during normal business hours and may be obtained from Patricia Dowries at the Bureau of Air Management, Planning and Standards Division, 5th Floor, 79 Elm Street, Hartford, CT. Additional copies are also available for review at the Law Reference Desk at the Connecticut State Library, Torrington Public Library, New. London Public Library and Bridgeport Public Library. For further information, contact Patricia Downes of the Bureau of Air Management at (860) 424-3027 or by electronic mail to patricia.downes@po.state.ct.us.

The Department is an affirmative action/equal opportunity employer; providing programs and services in a fair and impartial manner. In conformance with the Americans with Disabilities Act of 1990, individuals with disabilities who need information in an alternative format to allow such individuals to benefit from and! or participate in the Department’s programs and services should call TDD (860)- 424-3000 and make their request to the receptionist. Requests for accommodations to attend the noticed hearing must be made at least two weeks prior to the hearing date to Marcia Z. Bonitto, ADA Coordinator, via electronic mail to Marcia.Bonitto@po.state.ct.us.

The authority to adopt the proposed amendment and new sections is granted by C.G.S. sections 22a-6 and 22a-174. This notice is required pursuant to C.G.S. sections 22a-6 and 4-168 and 40 CFR section 51.102.

Gina McCarthy

Commissioner



# EXHIBIT AEXHIBIT E

HEARING REPORT

Prepared Pursuant to Section 4-168(d) of the
Connecticut General Statutes and Section 22a-3a-3(d)(5) of the Department of Environmental Protection Rules of Practice

Regarding the Amendment of Section 22a-174-20( l ) and the Adoption of Sections 22a-174-40 and 22a-174-41 of the Regulations of Connecticut State Agencies

Hearing Officers: Merrily A. Gere

Patrice Kelly Christopher Mulcahy

Date of Hearing: June 27, 2006

On May 1, 2006, the Commissioner of the Department of Environmental Protection(Commissioner and Department, respectively) signed a notice of intent to amend section 22a174-20( l ) and adopt sections 22a-174-40 and 22a-174-41 of the Regulations of Connecticut State Agencies (R.C.S.A.). Pursuant to such notice, a public hearing was held on June 27, 2006, with the public comment period for the proposed regulatory actions closing on June 30, 2006. The proposed regulatory actions are intended to create ozone precursor emissions reductions that will be included in the State’s plan to attain and maintain the national ambient air quality standard for
8-hour ozone.

I. Hearing Report Content As required by section 4-168(d) of the Connectic ut General Statutes (C.G.S.), this report describes the regulatory actions proposed for hearing; the principal reasons in support of the proposed actions; the principal considerations presented in oral and written comments in opposition to the proposed actions; all comments made and responses thereto regarding the proposed actions; and the final wording of the proposal. Commenters are identified in
Attachment 1.

This report also includes statements in accordance with C.G.S. section 22a-6(h).

II. Federal Standards Analysis in Complia nce with Section 22a-6(h) of the General2

Statutes

Pursuant to the provisions of C.G.S. section 22a-6(h), the Commissioner is authorized to adopt regulations pertaining to activities for which the federal government has adopted standards or procedures. At the time of public notice, the Commissioner must distinguish clearly all provisions of a proposed regulation or amendment that differ from applicable federal standards or procedures ( i.e. , federal standards and procedures that apply to the same persons under the proposed state regulation or amendment). The Commissioner must distinguish any such provisions either on the face of such proposed regulation or amendment or through supplemental documentation accompanying the proposed regulation or amendment. In addition, the Commissioner must provide an explanation for all such provisions in the regulation-making record required under Title 4, Chapter 54 of the C.G.S. and make such explanation publicly available at the time of the notice of public hearing required under C.G.S. section 4-168.

In accordance with the requirements of C.G.S. section 22a-6(h), the following statement was available at the time of the notice of the public hearing and was entered into the administrative record in the matter of the proposed regulatory actions identified below:

Amendment of R.C.S.A. Section 22a-174-20( l ) This amendment improves Section 20( l ) by adding a limitation on the vapor pressure of solvents used in cold cleaning and additional operating practices to further limit emissions of volatile organic compounds (VOCs) from metal cleaning. Some of the operating practice requirements of this amendment are equivalent to certain requirements of 40 Code of Federal Regulations (CFR) 63, subpart T, which establishes a Federal maximum achievable control technology (MACT) standard for chlorinated solvent vapor degreasers. However, in contrast to the MACT, which is intended to control hazardous air pollutants such as methylene chloride, perchloroethylene and trichloroethylene, the purpose of this amendment is to control VOC emissions to assist Connecticut to attain the national ambient air quality standard for 8-hour ozone. The most significant component of the amendment is the limitation on the vapor pressure of solvents used in cold cleaning for which there is no analogous federal standard or procedure.

Adoption of R.C.S.A. Section 22a-174-40 The Department has performed a comparison of the proposed section with applicable analogous federal provisions, namely standards and pro cedures in 40 CFR 59, Subpart C (the Federal Rule). The Federal Rule, which became effective in December 1998, regulates 24 categories representing 48 percent of the national consumer products inventory and reduces VOC emissions from those product categories by about 20 percen t. To further reduce VOC emissions from consumer products, in 2001 the Ozone Transport Commission (OTC) developed a model rule for states in the Northeast region to adopt. That OTC model rule serves as the basis of the proposed section. To the OTC model rule, the proposed section adds additional product categories and VOC limits, which are based on consumer product requirements adopted on July 20, 2005 by the California Air Resources Board (CARB). The Federal Rule specifies VOC limits for a number of consumer product categories and is similar in format to the proposed section. However, there are significant differences between the rules, as follows:

• The Federal Rule applies to nationwide consumer product manufacturers, importers and distributors while the proposed section applies to any person "who sells, supplies, offers3

for sale or manufactures for sale in the State of Connecticut on or after May 1, 2008 any consumer product for use in the State of Connecticut."

• The Federal Rule does not regulate all of the product categories included in the proposed
section.

• For the categories that are regulated under both rules, many of the proposed section’s emission limits are more stringent than the federal limits.

• All of the VOC limits in the Federal Rule have an effective date of December 10, 1998, whereas the VOC limits in the proposed section are effective on May 1, 2008 for most regulated product categories.

Adoption of R.C.S.A. Section 22a-174-41 The Department has performed a comparison of proposed R.C.S.A. section 22a-174-41 with applicable analogous federal provisions, namely standards and procedures in 40 CFR 59, Subpart D (the Federal AIM Rule). The Federal AIM Rule, which became effective in December 1998, specifies VOC limits for a number of coating categories and is similar in format to proposed R.C.S.A. section 22a-174-41. However, there are significant differences between the rules, as
follows:

• The Federal AIM Rule applies to nationwide architectural coating manufacturers, importers and distributors while R.C.S.A. section 22a-174-41 applies to any person "who sells, supplies, offers for sale or manufactures for sale in the State of Connecticut on or after May 1, 2008 any architectural coating for use in the State of Connecticut and to any person who applies or solicits the application of any architectural coating within the State of Connecticut on or after May 1, 2008.”

• The definitions for the regulated coating categories differ in some respects between the
two rules.

• For the categories that are regulated under both rules, all of R.C.S.A. section 22a-174-41 limits are at least as stringent and many of R.C.S.A. section 22a-174-41’s limits are more stringent than the Federal AIM Rule limits.

• All of the VOC limits in the Federal AIM Rule have an effective date of December 10, 1998, whereas the VOC limits in R.C.S.A. section 22a-174-41 are effective on May 1, 2008 for most regulated product categories.

III. Summary and Text of the Proposal This proposal consists of three regulatory actions: the amendment of R.C.S.A. section 22a-174- 20( l ) and the adoption of R.C.S.A. sections 22a-174-40 and 22a-174-41, which are summarized in Section II of this report.

The text of the proposed regulatory actions is located in Attachment 2 to this report.

IV. Principal Reasons in Support of the Proposal The primary purpose of the proposed regulatory action is to reduce ozone precursor emissions and thereby assist the state with the goal of demonstrating attainment of the federal 8-hour ozone national ambient air quality standard (NAAQS), as required by the Clean Air Act. Although currently mandated controls will achieve significant emission reductions over the next five to ten years, additional emission reductions beyond current requirements will be necessary to maintain4

the 8-hour ozone NAAQS. Thus, following adoption, the proposed regulatory actions will be submitted to EPA as part of demonstration of how the state will attain the ozone 8-hour standard of 0.08 parts per million by 2009.

Each element of this proposal results from a regional process coordinated by the Ozone Transport Commission (OTC). This regional process focused on the preparation of materials for use in 1-hour and 8-hour ozone NAAQS attainment planning by the OTC member states. These materials included model rules to regulate products, activities and stationary sources to reduce ozone precursor emissions. Such model rules were prepared in both 2001 – 2002 for 1-hour ozone NAAQS purposes and 2005-2006 for 8-hour ozone NAAQS purposes. The 2001 OTC model rules and, in the case of consumer products, the 2006 OTC model rule, were developed by a workgroup of OTC state regulatory staff, incl uding the Department, in a multi-year effort. Representatives of the regulated manufacturers participated in the Model Rule development process. The OTC model rules provide a regulatory template that can be adopted by any state, thereby promoting regional consistency and improved manufacturer compliance. Therefore, consistency with the requirements of the OTC model rules was a major factor guiding the development of each of the proposed regulatory sections and amendment. The Commissioner, via signature on resolutions and memorandums of understanding, has committed with other states in the OTC to seek adoption of regulations based on these OTC model rules.

In addition to assisting in ozone attainment planni ng efforts, some elements of this proposal also support other environmental goals. For example, by addressing the environmental impacts of consumer products, the proposed versions of R.C.S.A. sections 22a-174-40 and 22a-174-41 are consistent with a 2006 environmental initiative of the Department, which focuses on assisting individuals and organizations to decrease their “environmental footprint.”

V. Principal Considerations in Opposition to the Proposal No comments opposed moving the proposed amendment and new sections forward for approval and promulgation. Some comments suggested tec hnical revisions to certain portions of the proposed amendment and new sections.

Many of the comments submitted were focused on the achievement of regional consistency and recommended close adherence to the provisions of the OTC Model Rules, and, where applicable, CARB rules. A detailed discussion of the comments and responses is set out for each element of this proposal in the next section of this report.

VI. Summary of Comments All comments submitted are summarized below with the Department's responses. Commenters are identified by abbreviation in this section and are identified fully in Attachment 1 to this report. Comments are addressed separately for each of the three regulatory actions included in this proposal. When changes to the proposed text are indicated in response to comment, new text is in bold font and deleted text is in strikethrough font.

Amendment of R.C.S.A. Section 22a-174-20 (l) The amendment to R.C.S.A. Section 22a-174-20( l ) (Section 20( l )), which is intended to reduce VOC emissions from solvent cleaning, is based upon the Ozone Transport Commission (OTC)5

Model Rule for solvent cleaning, which a number of OTC states have already adopted. The cornerstone of this amendment is a reduction in the solvent vapor pressure standard for cold cleaners from 33 mmHg to 1.0 mmHg.

20( l ) - 1. Comment: BAE Systems is in favor of the proposed regulation. The addition of new subdivisions (7) and (8) will provide a means for BAE Systems to maintain compliance.

Response: The Department notes BAE Systems’ support of the proposed regulation.

20( l ) - 2. Comment: Section 20( l )(3)(J)(i) requires that material usage be tracked by “product number or vendor identification number.” Woodard & Curran and CBIA request that this section be changed to be consistent with record keeping systems already in place at many facilities in Connecticut, namely the record keeping requirements in Section 22a-174-20(aa). Specifically, they request that the Department replace the phrase “product number or vendor identification number” with “a description of the solvent including the solvent name.”

Response: The Department should change Section 20( l )(3)(J)(i) to take into account the record keeping systems already in place for many facilities while providing sufficient information for compliance determinations. Specifically, Section 20( l )(3)(J)(i) should be revised as follows:

(i) The type of solvent used, including the product or vendor identification number a description of the solvent and the solvent name

,

In conjunction with the revision to Section 20( l )(3)(J)(i), the Department should revise Section 20( l )(9)(B), which specifies the information a solvent supplier must provide to a purchaser, as
follows:

(B) The type of solvent including the product or vendor identification number a description of the solvent and the solvent name

,

20( l ) - 3. Comment: Proposed Section 20( l )(3)(J) would require the owner or operator of a cold cleaning unit to maintain records of certain information regarding the solvent used, including the “type of solvent,” “vapor pressure,” “percent VOC content” and “the amount added to each unit on a monthly basis.” The intent is apparently to enable calculation of VOC emissions, reduction of which is the focus of the requirements.

However, Section 20( l )(3)(J)(ii) would further require the owner or operator to record the “name and address of the solvent vendor.” While we recognize that such a provision is included in the OTC Model Rule, it is not clear what relevance this information would have for calculating or limiting VOC emissions, on top of the other requirements for emissions-relevant information such as vapor pressure, amounts added, etc. (Woodard & Curran, CBIA, and UTC) A requirement to keep records of solvent vendor names and addresses also would be operationally burdensome for larger facilities that receive solvent from a large and shifting cast of vendors. In addition, this requirement, coupled with the proposed Connecticut-specific provision to keep records on “the amount of solvent added to each unit on a monthly basis” has the potential to be construed as requiring the name and address of a solvent vendor to be maintained on a per-unit basis. Such an interpretation would be impractical at a large, complex facility and would6

promote non-compliance, with limited or no benefit in advancing the VOC emissions control purpose of the regulation. (UTC)

Woodard & Curran, CBIA, and UTC request that Section 20( l )(3)(J)(ii) be deleted.

UTC requests that, if Section 20( l )(3)(J)(ii) is not deleted, the Department confirm that the requirement is intended to require the owner or operator to maintain the information received from its solvent vendors in accordance with proposed Section 20( l )(9)(A) and is not intended to apply on a unit-by-unit basis to cold cleaners at the owner’s or operator’s facility.

Response: Based on the comment, the Department has determined that it is not necessary to retain Section 20( l )(3)(J)(ii) for consistency with the OTC Model Rule for Solvent Cleaning since the information required is readily available. The name and address of the solvent manufacturer is listed on a solvent’s Material Safety Data Sheet (MSDS). The Occupational Safety and Health Administration requires operators of solvent cleaners to have MSDS on hand for the solvents they use.

For the aforementioned reasons, the Department should delete proposed Section 20( l )(3)(J)(ii) from the final text of the amendment and the remaining subclauses should be re-labeled, as
follows:

(ii) The name and address of the solvent vendor,

(iii) (ii) The vapor pressure of the solvent in mmHg measured at 20 degrees Celsius (68 degrees Fahrenheit),

(iv) (iii) The percent VOC content by weight, and

(v) (iv) The amount of solvent added to each unit on a monthly basis.

In addition, subsection ( l )(9)(A), which requires solvent sellers to provide this same information to purchasers, should be deleted and the remaining subparagraphs should be re-lettered, as
follows:

(9) On and after May 1, 2008, any person who sells or offers for sale any solvent containing VOCs for use in a cold cleaning machine shall provide to the purchaser the following information:

(A) The name and address of the solvent supplier;

(B) (A) The type of solvent including a description of the solvent and the solvent name,

(C) (B) The vapor pressure of the solvent measured in mmHg at 20 degrees Celsius (68 degrees Fahrenheit); and

(D) (C) The percent VOC content by weight.7

20( l ) - 4. Comment: Section 20( l )(7)(D) provides an exemption for low-VOC content solvents, defined as “ solvents containing less than or equal to five percent (5%) VOCs by weight.” This exemption would apply only to the solvent pressure limit in the proposed Section 20( l )(3)(K). Solvents with less than 5% VOCs, or apparently any level of VOCs at all, would still be subject to all other provisions of the regulation. By contrast the OTC Model Rule for Solvent Cleaning and the rules of many OTC states completely exempt solvents with VOC content less than or equal to 5% VOC by weight from the regulations. UTC and CBIA both request that the proposed regulation be revised to be consistent with the OTC Model Rule. UTC urges the Department to revise Sections 20( l )(3) and 20( l )(7) as follows:

( l )(3) Except as provided [for] in [subdivision] subdivisions ( l )(6), ( l )(7), and ( l )(8) of this section, the owner or operator of any cold cleaning unit with an internal volume greater than two (2) liters and using solvents containing greater than five percent (5%) VOCs by weight shall meet the requirements of this subdivision.

*******************************************************************

( l )(7) Subsection ( l )(3)(K) of this section shall not apply to the owner or operator of any of the following cold cleaning units:

(A) Used for special and extreme solvent metal cleaning;

(B) For which the owner or operator has submitted and received approval from the Commissioner of a demonstration that compliance with subsection ( l )(3)(K) of this section will result in unsafe operation conditions; or

(C) Located in a permanent total enclosure equipped with control equipment that is designed and operated with an overall VOC removal efficiency of 90 percent or greater

. [; or

(D) Using solvents containing less than or equal to five percent (5%) VOCs by weight.]

If the Department declines to adopt these revisions, UTC requests that the Department quantify and explain the marginal benefits and costs of subjecting low-VOC content solvents to the full scope of the cold cleaning regulation and confirm that the benefits exceed the costs.

Response : For the reasons stated in comment and to achieve consistency with the OTC Model Rule for Solvent Cleaning and similar rules in surrounding states, the Department should revise proposed Section 20( l ) to exempt solvents containing less than or equal to five percent (5%) VOCs by weight from all requirements. There is no clear or convincing evidence that requiring owners and operators of cold cleaning units using low-VOC solvents to meet other requirements of Section 20( l ) will lead to an appreciable reduction in VOCs. Sections 20( l )(3) and 20( l )(7)
should be revised as follows:

( l )(3) Except as provided [for] in [subdivision] subdivisions ( l )(6), ( l )(7) and ( l )(8) of8

this section, the owner or operator of any cold cleaning unit with an internal volume greater than two (2) liters and using solvents containing greater than five percent (5%) VOCs by weight shall meet the requirements of this
subdivision.

******************************************************************* ( l )(7) Subsection ( l )(3)(K) of this section shall not apply to the owner or operator of any of the following cold cleaning units:

(A) Used for special and extreme solvent metal cleaning;

(B) For which the owner or operator has submitted and received approval from the Commissioner of a demonstration that compliance with subsection ( l )(3)(K) of this section will result in unsafe operating conditions; or

(C) Located in a permanent total enclosure equipped with control equipment that is designed and operated with an overall VOC removal efficiency of 90 percent or greater ; or

.

(D) Using solvents containing less than or equal to five percent (5%) VOCs by weight.

Cold cleaning owners and operators using low-VOC content solvents are strongly encouraged to use all applicable work practice requirements in 20( l ).

20( l ) - 5. Comment: Section 20( l )(3)(K) specifies that the vapor pressure for a solvent used on or after May 1, 2008 not exceed 1.0 mmHg. However, when this regulation becomes effective, the current requirement in 20( l )(6)(B) that restricts vapor pressure to 33 mmHg will be deleted. If the regulation is promulgated before May 1, 2008, there will be a gap in the requirement to the limit vapor pressure of solvent used for cold cleaning. (Woodard & Curran) Rather than deleting Section 20( l )(6)(B), Woodard & Curran recommend that this section should remain with “until April 30, 2008,” inserted at the beginning of the sentence.

Response: To avoid leaving a regulatory gap in the requirement to limit the vapor pressure of solvent used for cold cleaning, the Department should revise Section 20( l )(6)(B), as follows:

(B) Prior to April 30, 2008, the solvent used in the cold cleaner must not have a vapor pressure that exceeds 4.3kPa (33mm Hg or 0.6 PSI) measured at 38° C (100° F) or be heated above 50° C (120° F);

20( l ) - 6. Comment: Section 20( l )(3)(M) requires that a facility “clean any paint or coating application equipment in accordance with the requirements listed in Section 22a-174-3b(d)(1)(C) (Section 3(b)(d)) of the Regulations of Connecticut State Agencies, ” which specifically applies to automotive refinishing operations. Section 3b(d)(1)(C) does not allow for common solvent recycling/reuse operations performed by many manufacturers. For example, Section 3b(d)(1)(C)(iv) allows equipment cleaning to take place “in a system that atomizes spray into a9

paint waste container that is fitted with a device designed to capture atomized solvent emissions.” This would prevent a facility from atomizing the spray into a solvent waste container prior to recovery and recycle or disposal , or into a container that could simply be used to collect the solvent for reuse during the cleaning of paint application equipment in the future. (Woodard & Curran; CBIA) Woodard & Curran and CBIA are in favor of omitting Section 20( l )(3)(M) from the proposed regulations. If not omitted, Woodard & Curran propose that the wording in Section 20( l )(3)(M) be revised to allow for the collection of the solvent in any container for reuse or disposal.

UTC requests that the Department clarify the re lationship between the requirements of Section 3b(d)(1)(C) and other provisions of Section 20( l )(3). Section 3b(d)(1)(C) requires application equipment to be cleaned using one of four alternative methods. Three of these methods require that the device or solvent container being used remain closed when not in use; the fourth requires a device designed to capture atomized solvent emissions. By contrast, other provisions in proposed Section 20( l )(3) provide that the covers for cold cleaning units must always be closed when the device is not in use. It appears that cleaning paint or coating application equipment would be subject to Section 20( l )(3)(M) and not also to potentially redundant or conflicting requirements elsewhere in Section 20( l )(3). (UTC) UTC is also concerned that Section 20( l )(3) could become a “trap for the unwary,” by creating an additional set of requirements outside of Section 3b(d) for sources that utilize Section 3b(d) permit-by-rule.

Separating out the cleaning of paint or coating application equipment would also be appropriate to ensure that the proposed revisions did not end up setting standards that differ from the Aerospace Maximum Achievable Control Technology (MACT) standards at 40 CFR Part 63, Subpart GG. To avoid potential confusion, it would be helpful to state separately at the end of Section 20( l )(3) the provision that is currently in Section 20( l )(3)(M), as follows (UTC):

[M] A unit that is used to clean any paint or coating application equipment shall not be subject to subsections 20( l) (3)(A) – (L), and shall be operated in accordance with the requirements listed in section 22a-174-3b(d)(1)(C) of the Regulations of Connecticut State Agencies. (UTC)

Response: Section 3b(d)(1)(C) was written exclusively for the auto refinishing industry, not for broad application to all users that clean surface coating equipment using cold cleaners. In addition, a sampling of regulations for solvent cl eaning adopted in other OTC states (New York, New Jersey, Maine and Delaware) do not specifically address the cleaning of surface coating equipment. For regional consistency and to avoid the creation of potentially confusing requirements with no clear air quality benefit, the Department should delete Section 20( l) (3)(M) from the final version of this amendment, as follows:

(M) Clean any paint or coating application equipment in accordance with the requirements listed in section 22a

- 174

- 3b(d)(1)(C) of the Regulations of Connecticut State Agencies

.

20( l ) - 7. Comment. Nutmeg Chrome Corporation comments that a solvent with no environmental impact could be available with a vapor pressure greater than 1.0 MM Hg. Nutmeg Chrome thinks that this restriction should be defined more clearly. Similarly, CBIA10

comments that requiring solvents used on or after May 1, 2008 not exceed 1.0 mmHg is an extremely significant ratcheting down of the existing standard of 33 mmHg currently required under Section 20( l )(6)(B). CBIA members are unsure of the cost and impact on their operations given the cost and availability of the technol ogy required. CBIA requests that the Department provide information it considered on the availability and cost of the required technology in proposing this new standard.

Response: The Department understands that solvents and equipment suitable for compliance with the vapor pressure standard and other requirements of the proposed amendment are available at a reasonable cost. The OTC Model Rule for Solvent Cleaning was developed in 2000 – 2001 based upon regulatory requirements effective at that time in Maryland and Delaware. Since 1996, these states have required, in all their serious and severe nonattainment area counties, the same vapor pressure limit, 1.0 mmHg, proposed in Section 20( l )(3)(K). Furthermore, many OTC states have already adopted regulations limiting the solvent vapor pressure for cold cleaning machines to 1.0 mmHg.

Most cold cleaning machines and solvents are provided to users through contract with regional and national companies. When contacted in the development of the OTC Model Rule for Solvent Cleaning, these companies indicated that multiple solvents and cold cleaners are available to meet the solvent vapor pressure limit of 1.0 mmHg.

20( l ) - 8. Comment . Nutmeg Chrome Corporation requests clarification on how the changes to Section 20( l ) relate to the halogenated solvent cleaning machine MACT under Section 112 of the
Clean Air Act.

Response: The amendment to Section 20( l ) and the halogenated solvent cleaning MACT are independent requirements that serve different purposes. Revisions to Section 20( l ) are intended to reduce VOC emissions from solvent cleaning as part of the Department’s plan for Connecticut to meet EPA’s 8-hour ozone NAAQS. The halogenated solvent cleaning machine MACT is designed to reduce air toxics emissions from solvent cleaning processes. A solvent cleaning process may be subject to both Section 20( l ) and the halogenated solvent cleaning machine MACT, if among other things the solvent contains both a non-exempt VOC and a halogenated solvent. Alternatively, either provision may apply independently.

20( l ) - 9. Comment. Under Sections 20( l )(7) and 20( l )(8), cold-cleaning units used for “special and extreme solvent metal cleaning” would be eligible for limited exemptions from certain requirements of Section 20( l ). CBIA and UTC support this recognition that flexibility is needed for certain products for which even limited contamination can destroy the value of the product.

To better achieve the goals of this provision and to avoid potential under-inclusion, CBIA and UTC request that subsection (A) of the definition of special and extreme metal cleaning in Section 20( l )(1) be revised as follows:

(A) In the manufacturing and rework of electronic parts, assemblies, boxes, wiring harnesses, senso rs and connectors components used in aerospace service; or other extreme environments

...11

Alternatively, the commenters request that the Department confirm that subsection (C) would by its terms cover aerospace components (UTC) or other components for use in extreme environments (UTC, CBIA), all of which are invariably covered by rigorous military or commercial specifications that require extremely accurate and quality-controlled manufacturing and quality standards that rule out the potential for any excess contamination. (UTC)

If the Department declines to adopt either of these approaches, CBIA and UTC request that the Department quantify and explain the rationale for selecting 1.0 mm Hg as the vapor pressure standard and, particularly, the marginal benefits a nd costs in Connecticut of using this particular figure. CBIA and UTC understand that this sta ndard was incorporated into the OTC Model Rule, but requests specific discussion as to whether the marginal benefits exceed the marginal
costs in Connecticut at this time.

Subsection (C) is in need of a minor edit to reference both the manufacture and rework of the relevant products, as subsection (A) does (UTC):

(C) In the manufacture and rework of high precision products for which
contamination must be minimized in accordance with a customer or other specification...

In addition, it would be appropriate for the definition of “special and extreme solvent metal cleaning” to include a reference to research and development that supports present or potential future manufacturing and rework of the products covered by the definition, but that is not manufacturing in and of itself. This goal might be accomplished by adding the following subsection (E) to the definition, as follows (UTC, CBIA):

(E) Research and development work in support of any present or potential future activities or products covered by the foregoing subsections (A) through (D) above.

Response: The Department added provisions for “special and extreme solvent metal cleaning” to Section 20( l )(1) to take into account precisely the circumstances described in comment. The plain language of subsection (C) of the definition of “special and extreme solvent metal cleaning” covers the manufacture and rework of aerospace components or other similar high precision products for use in extreme environments, which are covered by rigorous military or commercial specifications that require extremely accurate and quality controlled manufacturing and quality standards without the potential for any excess contamination.

With regard to UTC’s comment concerning the addition of the word “rework” to subsection (C) of the definition of “special and extreme metal cleaning,” the Department should add that word as recommended since it is within the scope of activities to which subsection (C) is intended to apply.

With regard to the recommendation to include research and development activities precedent to the manufacturing included in the definition, the Department agrees that is an appropriate addition and within the original intent of the definition. That addition is not anticipated to
undermine the VOC emissions reductions achieved since the VOC emissions from research and12

development activities are expected to be minimal compared to the manufacturing activities exempted in Section 20( l )(1)(A) through (C).

Accordingly, the Department should revise the definition of “special and extreme solvent metal cleaning” in Section 20( l )(1), as follows, to include research, development and rework activities:

"Special and extreme solvent metal cleaning" means the use of a cold cleaning unit to clean metal parts as indicated in one of the following subparagraphs:

(A) In the research, development

, manufacturing manufacture and rework of electronic parts, assemblies, boxes, wiring harnesses, sensors and connectors used in aerospace service;

(B) In the research, development , manufacture and rework of ozone, nitrous oxide, fluorine, chlorine, bromine, halogenated compounds or oxygen in concentrations greater than twenty-three percent (23%);

(C) In the research, development, manufacture and rework of high precision products for which contamination must be minimized in accordance with a customer or other specification; or

(D) Exposed to ozone, nitrous oxide, fluorine, chlorine, bromine, halogenated compounds or oxygen in concentrations greater than twenty-three percent (23%).

20( l ) - 10. Comment. Section 20( l )(3)(C) would require waste solvent to be collected and stored in closed containers. This provision is consistent with the OTC Model Rule. However, while the Model Rule also provides that the closed containers may contain a device that allows pressure relief and prohibits liquid solvent to drain from the container, the proposed amendment retains a specific percentage cap from the current version of Section 20( l ) for evaporation from disposal of waste solvent or from transfer of waste solvent to another party. (UTC, CBIA)

The percentage standard has created practical difficulties for facilities and regulators alike in attempting to quantify the precise amount of evaporation. (UTC and CBIA) As a result, the 20% standard has been of little practical value and the source of needless compliance uncertainty (particularly for Title V facilities) since it was first adopted in Connecticut. By contrast, the requirements of the Model Rule -- to allow pressure relief devices and to prohibit draining -- are relatively straightforward. (UTC, CBIA)

CBIA and UTC therefore request the Department to instead adopt the standards of the Model Rule on this point, as follows:

(C) [Store waste degreasing solvent only in covered containers and not dispose of waste degreasing solvent or transfer it to another party, in a manner such that greater than 20 percent of the waste degreasing solvent, (by weight) can evaporate into the atmosphere.] Waste degreasing solvent shall be collected and stored in
closed containers. Evaporation from disposal of waste degreasing solvent or from13

the transfer of waste solvent to another party shall be limited to less t han 20% of the waste solvent, by weight

. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the
container.

Response: The Department should revise Section 20( l )(3)(C) and replace the requirement that not more “than 20 percent of the waste degreasing solvent, (by weight) can evaporate into the atmosphere” with a work practice standard that serves the purpose of the twenty percent evaporation limit but is more readily implemented. Adopting the language of the OTC Model Rule will specify that proper waste handling procedures are to be used. Because this provision is clear and easily implemented, it will likely result in VOC emission reductions at least equivalent to the twenty percent limit. Therefore, Section 20( l )(3)(C) should be revised, as follows:

(C) [Store waste degreasing solvent only in covered containers and not dispose of waste degreasing solvent or transfer it to another party, in a manner such that greater than 20 percent of the waste degreasing solvent, (by weight) can evaporate into the atmosphere.] Collect and store waste Waste solvent shall be collected
and stored in closed containers. Evaporation from disposal of waste degreasing
solvent or from the transfer of waste solv ent to another party shall be limited to less than 20% of the waste solvent, by weight

. Closed containers used for storing waste solvent may contain a device that allows pressure relief but does not allow liquid solvent to drain from the container.

20( l ) - 11. Comment. CBIA and UTC believe the proposed amendment should better recognize the existence of industry-specific emission requirements as acceptable compliance alternatives. Where solvent cleaning is already subject to MACT requirements, or a permit or order requiring use of Reasonably Available Control Technology (RACT) that implements a Control Technique Guideline (CTG) adopted by EPA, CBIA and UTC believe it would be appropriate to provide that compliance with the MACT standard or the RACT permit or order is an acceptable alternative to the proposed revisions to R.C.S.A. Section 20( l )(3).

For example, in contrast to proposed Section 20( l ), which would apply generically to any type of manufacturing operations, the MACT standard for Aerospace Manufacturing and Rework Facilities at 40 CFR Part 63, Subpart GG was developed specifically for aerospace manufacturing operations. The Aerospace MACT standard sets forth VOC content limitations for the majority of coatings and cleaners used by the aerospace industry to comply with MACT. In setting these aggressive standards, EPA recognized the unique safety and performance obligations of the aerospace industry. As a result, EPA set VOC content limitations for a small number of low-use, specialty coatings and cleaners. By contrast, the OTC Model Rule on which proposed Section 20( l ) is based is generic to a wide range of industries and applications. Moreover, proposed Section 20( l ) fails to account for the technological and safety advances dependent on the use of specialty coatings and cleaners in the aerospace industry. (UTC, CBIA)

It apparently was not the intent of the Department to propose regulations for VOCs that are different than the Aerospace MACT, since the analysis presented by the Department as required by CGS 22a-6(h) does not identify the Aerospace MACT as a federal rule that the proposed regulations would differ from. Accordingly, it would be appropriate to add the following14

subsection to the proposed regulations (UTC):

(10) This subsection ( l ) shall not apply to metal cleaning that is subject to the National Emission Standard for Hazardous Air Pollutants for Aerospace Manufacturing or Rework Facilities, at 40 CFR Part 63, Subpart CG.

As for the CTG, the “Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations” CTG (EPA-453/R-97-004) provides that “The presumptive RACT requirements for the aerospace component and vehicle cleaning and coating operations are described in the following sections. The operations covered by this CTG shall not be subject to another CTG. The operations and applications exempted under this CTG shall not be subject to another CTG.” Id. , & 4.0 (emphasis supplied). (UTC)

The Department would not be breaking new gr ound in adopting such a compliance option. New Hampshire, which has adopted the basic OTC Model Rule, already provides for compliance with a RACT Order as an alternative means of complying with its cold cleaning requirements. See N.H. Code of Admin. Rules Env-A 1204.47 (“As an alternative to the control system options specified in Env-A 1204.44, ... solvent metal cleaning operations may satisfy those requirements by complying with the RACT order provisions in Env-A 1204.05 and Env-A 1204.06.”). Including such an alternative in Connecticut’s cold cleaning rule would prevent redundant regulation, and avoid the need for parties which have already implemented one compliance system under DEP order from having to overlay and intertwine that system with additional requirements. Therefore, UTC reco mmends adding the following subdivision:

(11) As an alternative to the requirements specified in this section ( l ), metal cleaning operations may satisfy those requirements by complying with a permit or order which meets the requirements of RCSA 22a-174-32(d)(7).

Response: The commenter suggests the addition of an exception from the requirements of section 20( l )(3) for sources with solvent cleaning activities subject to MACT or RACT requirements.

The Department should not add the requested ex emption as RACT or MACT requirements are not necessarily good substitutes for the requirements of subsection ( l )(3). The requirements of subsection ( l )(3) represent an update to the RACT level of control for cleaning metal using solvent established by EPA’s CTG, “Control of Volatile Organic Emissions from Solvent Metal Cleaning,” EPA-450/2-77-022, November 1977. Othe r CTGs, which may have once represented a RACT level of control and which may address metal cleaning in part, are neither specific to metal cleaning activities nor recent. Similarly, compliance with MACT requirements is not a suitable substitute for RACT in this instance because MACT requirements do not regulate the same activity to achieve the same environmental result. While MACT requirements are intended to control or limit toxic emissions, proposed Section 20( l ) is intended to control VOC emissions.

Furthermore, such an exception is not necessary. The Department has already addressed the special cleaning needs of the aerospace industry and for manufacture of other high performance products with the limited exceptions afforded by subsections ( l )(7) and (8).15

20( l ) - 12. Comment. Connecticut is proposing to include a two-liter exemption for coldcleaners. It is not clear why this exemption is necessary. (EPA) The state's existing solventcleaning rule, which has been approved into Connecticut's State Implementation Plan (SIP), does not include such an exemption. Although the proposed rule includes some new requirements for cold cleaners, the exemption applies to both the new and existing requirements. The OTCModel Rule for Solvent Cleaning, upon which the new requirements are based, includes a oneliter exemption. Therefore, EPA recommends that Connecticut delete the proposed two-liter exemption, consistent with the state's SIP-approved rule. Alternatively, if the state feels that an exemption is necessary due to the new requirements that are being proposed, Connecticut should include a one-liter (rather than a two-liter) exemption, consistent with the OTC Model Rule. (EPA)

Response. The two-liter exemption was proposed to provide relief to a small number of machine shops and other facilities that engage in the limited cleaning of individual parts using small amounts of solvent that do not meet the proposed vapor pressure limit. Reducing the size of the exempted containers to one-liter should be sufficient to address such limited circumstances and better serve the goal of VOC emissions reductions.

The Department should revise the final text of Section 20( l )(3), as follows:

( l )(3) Except as provided [for] in [subdivision] subdivisions ( l )(6), ( l )(7) and ( l )(8) of this section, the owner or operator of any cold cleaning unit with an internal volume greater than two (2) liters one (1) liter shall meet the requirements of this subdivision.

20( l ) - 13. Comment . Connecticut's proposed rule includes a new 1.0 mm Hg vapor-pressure requirement for cold cleaning solvents, as well as an exemption from this requirement for certain operations such as "special and extreme solvent metal cleaning." This is consistent with the requirements that have been previously adopted by other states, such as New York and Maine. Connecticut's proposed rule, however, also exempts "special and extreme solvent metal cleaning" from the rule's requirements regarding the use of a solvent spray and minimizing drafts across the top of the cold cleaning unit. It is not clear why this exemption is necessary since these requirements (without the exemption) are already part of Connecticut's SIP-approved solvent cleaning rule. (EPA)

Response: The Department appreciates EPA’s attention to this provision and offers the following explanation to justify the exemption. The exemption in Section 20( l )(8) was included because the Department is aware of a limited number of manufacturers that, due to the specifications of the parts being cleaned, must spray solvent during the cold cleaning of these parts. The exemption is designed to provide for these unusual circumstances for which typical cleaning procedures are inapplicable or destructive to the part, while placing appropriate constraints in this flexibility.

For example, BAE Systems, performs precision cleaning in the manufacturing of gyroscopes and inertial reference units (IRUs) for military and aerospace navigation. Gyroscopes and IRUs provide stabilization and target guidance information to aerospace missiles, rockets and fixed wing and rotary aircraft. Spraying is needed for precision cleaning, in some cases, because particle removal using ultrasonic equipment cannot be used on complex assemblies containing16

precision bearings, surface mounted components, permanent magnets and other vibration sensitive components found in gyroscopes. Isopropyl alcohol (IPA) was determined by BAE Systems to be the solvent of choice for spray applications because it is able to remove small quantities of ionic, particulate and organic contamination from small complex parts, without compatibility issues. These parts tend to be relatively small. A gyroscope is on average only 1 inch in diameter and 2 inches long.

In this instance, it is appropriate to take into account owners and operators who use good work practices appropriate to their operation and suitable to control emissions and provide the opportunity to comply with Section 20( l ). Section 20( l )(8) was written to provide an exemption for these sources, while making the exemption limited and narrow in scope, so as not to be desirable for other “special and extreme metal cleaners” to use that provision as an excuse to compliance with Sections 20( l )(3)(F) and 20( l )(3)(G).

VOC emission reductions projected to result from this amendment should not be significantly affected because of the limited number of “speci al and extreme metal cleaners” that will utilize the exemption in Section 20( l )(8) and because Section 20( l )(8)(A) places a limit on the total amount of solvent that can be used for special and extreme metal cleaning spray operations at a facility.17

Adoption of R.C.S.A. Section 22a-174-40 The Department is seeking to adopt R.C.S.A. section 22a-174-40 (Section 40) to achieve reductions in VOC emissions in support of attainment of the 8-hour ozone NAAQS. Two criteria were foremost in guiding how Secti on 40 was drafted to achieve VOC emissions reductions from consumer products: (1) regional consistency as measured against the requirements of the 2006 OTC Model Rule for Consumer Products and consumer product regulations now in effect in other states in the OTR; and (2) elimination of unnecessary administrative requirements on regulated entities and the Department. These two criteria focus resources on efforts that achieve a high ratio of pollutant reduction per unit of administrative
effort.

Ensuring the consistency of Section 40 with the 2006 OTC Model Rule for Consumer Products and consumer product regulations in other states in the OTC region is a central theme of many commenters ( see, e.g ., comments of CSPA, ASPA, CTFA, NPCA). Comments noted that a lack of uniform regulatory requirements for consumer products in the OTR could impose unnecessary impediments to interstate commerce and create significant administrative burdens for small businesses, which generally lack the resources to ensure compliance with a patchwork of different -- and perhaps conflicting -- state-specific requirements.

The timing of Section 40’s proposal created a minor challenge to consistency between the proposed version and the 2006 OTC Model Rule for Consumer Products. By way of background, most states in the OTR have adopt ed consumer product regulations based on a 2001
OTC Model Rule for Consumer Products. A workgroup of the OTC is now finalizing an amended version of the 2001 Model Rule based on changes California adopted to its consumer products program in July 2005. This amended 2001 OTC Model Rule is what this report refers to as the 2006 OTC Model Rule for Consumer Products. Because Section 40 was proposed before the 2006 OTC Model Rule was finalized yet aims to adopt the 2001 and 2006 Model Rule provisions in one rulemaking, certain provisions may require adjustment to match the 2006 OTC Model Rule, which was established in final draft form in July 2006.

All comments received on Section 40 and the Department’s responses are summarized below, ordered according to the portion of Section 40 addressed in the comment.

Subsection (a), Definitions
40 - 1. Comment: CFTA, CSPA and ASPA comment regarding the need for Section 40 to
include a clear definition of “VOC” that is cons istent with other authorities. CSPA recognizes that the Department defines “VOC” in R.C. S.A. section 22a-174-1, a regulation containing definitions of general applicability. Nonetheless, CSPA encourages the Department to either include a specific reference to that definition or incorporate EPA’s definition of VOC in 40 CFR 51.100(s) into the final version of Section 40.

Response: The Department should not revise Section 40 in response to this comment, as the current regulatory framework addresses the stated need for a clear definition of VOC consistent with the use of that term nationally. Definiti ons of general applicability to Connecticut’s air quality regulations are included in R.C.S.A. section 22a-174-1. R.C.S.A. section 22a-174-1 includes the following definition:18

(115) “Volatile organic compound” or “VOC” means “volatile organic compound” as defined in 40 CFR 51.100(s), as amended from time to time.

The incorporation by reference of the federal defi nition of VOC is precisely the action requested by the commenters. For consistency with the format and interpretation of other Connecticut air quality regulations, no specific reference to the definitions in R.C.S.A. section 22a-174-1 or repetition of the definition of VOC now included in R.C.S.A. section 22a-174-1 should be added to Section 40. To so do would abrogate the purpose of R.C.S.A. section 22a-174-1.

Subsection (b), Applicability
40 - 2. Comment: NPCA, CSPA, CTFA and ASPA comment that the effective date of the proposed standards and other requirements in Section 40 should be changed from May 1, 2008 to January 1, 2009 for consistency with the 2006 OTC Model Rule for Consumer Products and the compliance date of rules likely to be adopted in other states in the OTC region. Such a change
will address two concerns:

• Small and medium industries will have difficulty monitoring and complying with
different effective dates for differe nt states in the OTC region; and

• There are significant formulation questions regarding some of the VOC limits and the longer time period will enable manufacturers to stabilize product formulas.

Response: As indicated in the overview of Section 40 included in this hearing report, Section 40 was developed prior to the 2006 OTC Model Rule for Consumer Products and anticipated many of the provisions of that Model Rule. As a result, a significant number of technical revisions to Section 40 are necessary to further regional consistency and facilitate manufacturer compliance. The effective date of proposed Section 40 is one example of such a provision. Consistency with the 2006 OTC Model Rule for Consumer Products in the matter of the effective date is particularly important since Connecticut, by adopting both the 2001 and 2006 OTC Model Rules in one rulemaking, will likely be the first state to adopt the additional requirements of the 2006 OTC Model Rule for Consumer Products.

In discussions with representatives of a number of consumer product manufacturers subsequent to the proposal of Section 40, a workgroup of the OTC designated January 1, 2009 as the appropriate date by which manufacturers and other regulated entities should be required to comply with the VOC content limits and other requirements of the 2006 OTC Model Rule for Consumer Products. Section 40 incorrectly anticipated a compliance date of May 1, 2008. Therefore, the May 1, 2008 date used in the applicability statement of subsection (b) should be changed for consistency with the 2006 OTC Model Rule for Consumer Products, as follows:

Except as provided in subsection (c) of this section, this section applies to any person who, on or after May 1, 2008 January 1, 2009 , sells, supplies, offers for sale or manufactures for sale in the State of Connecticut any consumer product for use in the
State of Connecticut.

In addition, the May 1, 2008 effective date proposed in Section 40 is referenced in multiple locations in Section 40. In the following places, the proposed date of May 1, 2008 should be replaced with January 1, 2009: subsections (d)(1), (d )(3), (d)(4), (e)(4), (e)(5), (e)(6) and (f)(1).19

Other requirements of Section 40 include a date other than May 1, 2008 that is calculated from May 1, 2008, e.g ., a year prior to or one year after. Thus, in the following locations, the dates should be revised by calculating such dates from January 1, 2009, as follows: in subsections (e)(1)(B) and (e)(3), May 1, 2007 should be changed to January 1, 2008 ; and in subsection (h)(2), “2008 through 2010 calendar years” should be changed to “ 2009 through 2010 calendar years.”

40 - 3. Comment: Compliance dates for meeting VOC content limits and other requirements, such as labeling and compliance testing, are included in some sections of the rule, but not all. To address this issue, Connecticut should add a general compliance date provision to the rule. EPA recommends the following language for this provision:

“ Compliance Schedule

Unless otherwise noted, any person subject to the requirements of Section 22a-174-40 shall be in compliance with all of the applicable provisions of this Section upon the
effective date of the regulation. ”

Response: Section 40 is intended to state clearly that compliance with the standards and related requirements is required as of the designated date. 1 For example, subsection (b) clearly states that the section “applies to any person who, on or after May 1, 2008 1 , sells, supplies, offers for sale or manufactures for sale in the State of Connecticut any consumer product for use in the State of Connecticut.” Subsection (d)(1) clearly requires any person meeting the applicability of subsection (d) to meet the standards and other requirements of subsection (d) as of May 1, 2008. 1

EPA suggests that the section is not so clear in designating compliance dates for labeling and compliance testing. However, the labeling requirements of subsection (e) clearly apply to all regulated products as of May 1, 2008 1 ( see subsection (e)(1)). Similarly, subsection (f)(1) clearly states that any person selling, supplying, offering for sale or manufacturing a regulated consumer product on or after May 1, 2008 1 must possess appropriate documentation that the product was tested and found compliant with the appropriate VOC emission limitation prior to being offered for sale.

To address EPA’s comment, subsection (g), which addresses record keeping, could be made more specific as far as the date on which the requirements apply by adding a compliance date 1 to subsection (g)(1), as follows:

(1) Any person who on or after January 1, 2009 1 sells, supplies, offers for sale or manufactures for sale in Connecticut any consumer product shall maintain records of the information necessary for the Commissioner to determine compliance with the requirements of this section.

No compliance date is necessary in the reporting requirements of subsection (h) since reporting

1 While the proposed date is May 1, 2008, as expl ained in the response to Comment 2, this report recommends changing the proposed compliance date to January 1, 2009.20

is only required upon request.

40 - 4. Comment: DOD recommends that the Department clarify the term “supplies” in subsection (b) to specify whether it applies to end-users of consumer products, such as personnel
involved in the internal transaction/disbursement management process for hazardous materials at military facilities. The military services use a single point of control for the purchase, receipt and distribution of hazardous materials to various sections within a military installation. This single point of control could be considered a supplier under proposed Section 40. DOD believes that the intent of Section 40 is regulation of consumer products in the stream of commerce, not the intra-organizational management of such products. If this belief is accurate, DOD recommends that the Department make one of the following revisions to the final version of
Section 40:

• Add the following definition to subsection (a):

“Supply” or “supplied” means transactions between consumer product manufacturers/commercial distributors that sell, or otherwise provide, consumer products to businesses/government entities/individuals. This term does notinclude internal transactions within a business, government entity or other enduser facility that use consumer products, including, but not limited to, military
installations.

• As an alternative, add the following subdivision to subsection (c):

(17) The terms “supply” and “supplied” in this section refer to transactions between consumer products manufacturers/commercial distributors that sell, or otherwise provide, consumer products to businesses/government entities/individuals that use consumer products. This term does not include internal transfers or transactions within a business, governmental entity, or other end-user facility that uses consumer products, including, but not limited to, military installations.

Response: The Department should revise Section 40 to take into account the internal distribution process used by the United States military in supplying products and hazardous materials for use at military installations. To limit the revision to such activities at United States military installations, the revision should be in the form of a new exemption in subsection (c), as
follows:

(17) The requirements of this section shall not apply to a consumer product that is distributed or transferred by a branch of the United States military to, from or within a premises operated by that branch of the United States military.

Subsection (c), Exemptions
40 - 5. Comment: Subsection (c)(4) to Section 40 (subsection (c)(4)) contains an exemption for any product for which the manufacturer obtains a variance pursuant to 6 NYCRR 235-8.1 for the period of time that the variance remains in effect. This exemption raises the issue of Director’s discretion. Assuming that Connecticut is relying on reductions from Section 40 to meet its 8- hour ozone obligations, EPA is concerned that subsection (c)(4) allows open-ended variances,21

which could jeopardize the amount of VOC reductions achieved. Therefore, for Connecticut to receive full credit for implementation of the consumer products rule, any variance must be approved by EPA Region I, and this condition must be reflected in the rule. EPA recommends the following revisions to subsection (c)(4):

“This section shall not apply to any product for which the manufacturer obtains a variance pursuant to 6 NYCRR 235-8.1, and for which the variance has been approved by EPA Region I for use in Connecticut, for the period of time such variance is in effect. .

.”

Alternatively, if the subsection (c)(4) variance provision included a date certain beyond which variances would no longer apply ( i.e , final compliance with the rule must be achieved), and that date was consistent with the date by which Connecticut needed to achieve reductions for attaining the 8-hour NAAQS ( i.e ., May 1, 2009), then EPA Region I would not need to approve such variances. In this case, subsection (c)(4) could be revised to read as follows:

“This section shall not apply to any product for which the manufacturer obtains a variance pursuant to 6 NYCRR 235-8.1 for the period of time such variance is in effect. . . a copy of the applicable NYSDEC variance decision. In no case, shall this exemption from the standards in Section 22a-174-40 extend beyond May 1, 2009.”

Response: Variances are issued to provide temporary relief from compliance with a VOC limitation for a consumer product. Manufacturers generally seek a variance for one of three reasons: unforeseen and unavoidable shortage in the availability of compounds necessary to formulate a compliant product, unanticipated chemical interactions resulting from product
reformulation and unforeseen difficulties in deve loping new product formulations to meet new VOC limitations. Thus, variances are time limited by nature. While EPA describes subsection (c)(4) as “open-ended,” that subsection clearly states that Connecticut’s variance exemption only applies for the period of time the underlying variance issued by NYSDEC is in effect.

Variances are also issued in limited numbers. NYSDEC has issued no variances under 6

NYCRR 235-8.1. 2 Since the beginning of CARB’s consumer product regulatory program in 1992, CARB has issued only 35 variances, all of which applied for a short time, and none of
which are now in effect.

Since variances are limited in number and duration, they will have little to no effect on the VOC emissions reductions projected to result from implementing Section 40, which is the main concern expressed in this comment. Furthermore, any effect on emissions from variances that may be recognized under Section 40 would certainly be accounted for within a rule effectiveness correction that will be applied to the projected reductions attributed to Section 40 in the Department’s 8-hour ozone NAAQS planning effort s. Therefore, the Department should not revise Section 40 in response to this comment.

2 To substantiate this by example of another OTR st ate, under Delaware’s cons umer product regulation, Regulation No. 41, which has been in effect since January 2002, the Delaware Department of Natural Resources and Environmental Control has received no applications for variances.22

Although not stated in the comment, EPA’s suggested revision may also be based on EPA’s potential future ability to enforce Section 40 if it is approved as a SIP revision. After a regulation is federally approved, EPA is authorized to take enforcement action against violators and knowledge of recognized variances would be necessary in that instance. Such an informational concern is addressed in the response to Comment 17.

40 - 6. Comment: CSPA, ASPA and CTFA encourage the Department to broaden the exemption of subsection (c)(4) so that the Department will accept variances issued by CARB as well as NYSDEC. As a threshold matter, variances are intended to provide temporary relief for compliance with VOC limitations on the formulation of consumer products. Manufacturers generally seek a variance for one of three reasons: unforeseen and unavoidable shortage in the availability of compounds necessary to formulate a compliant product, unanticipated chemical interactions resulting from product reformulati on and unforeseen difficulties in developing new product formulations to meet new VOC limitations.

CARB has the longest history of addressing vari ance requests for consumer products, and yet, since 1998, CARB has only issued 11 such variances. 3 The entire framework for Section 40 and the 2001 and 2006 OTC Model Rules for Consumer Products is premised on CARB’s consumer products program. Therefore, it is reasonable and appropriate for the Department to follow CARB’s issuance of variances. CTFA adds that the issuance of variances by CARB for personal care products has been relatively rare but very important for the industry, particularly when unexpected formulation difficulties occur or a suppl y of essential ingredients is disrupted.

CSPA, CFTA and ASPA urge the Department to revise subsection (c)(4) as follows:

(4) This section shall not apply to any product for which the manufacturer obtains a variance pursuant to 6 NYCRR 235-8.1 or subchapter 8.5, article 2, section 94514, of title 17 of the California Code of Regulations for the period of time such variance is in effect provided that any manufacturer who cl aims exemption pursuant to this subdivision shall submit to the Commissioner, upon request therefore, a copy of the applicable

NYSDEC or CARB variance decision.

Response: For the reasons identified in the comment, the Department should recognize variances issued by CARB by revising subsection (c)(4), as follows:

(4) This section shall not apply to any product for which the manufacturer obtains a variance pursuant to 6 NYCRR 235

- 8.1 for th e period of time such variance is in effect provided that any manufacturer who claims exemption pursuant to this subdivision shall submit to the Commissioner, upon request therefore, a copy of the applicable NYSDEC

variance decision. one of the following variances, provided that any manufacturer who claims exemption pursuant to this subdivision shall possess and submit to the Commissioner, upon request therefor, a copy of the applicable underlying variance
decision:

3 DEP notes: According to CARB staff, as of July 6, 2006, CARB issued fifteen variances since 1998, none of which are still in effect. However, this factual di fference does not abrogate the point made in the comment.23

(A) A variance issued by the NYSDEC pursuant to 6 NYCRR 235-8.1, for the period of time such variance is in effect; or

(B) A variance issued by CARB pursuant to 17 CCR 94514, for the period of
time such variance is in effect.

40 - 7. Comment: CSPA supports the proposed reporting requirement of subsection (c)(4), which requires submission of documentation upon request by the Department.

Response: The Department notes CSPA’s support for the reporting provision of subsection (c)(4).

40 - 8. Comment: CSPA strongly supports the innovative product exemption of proposed subsection (c)(5) of Section 40.

Response: The Department notes CSPA’s support for the exemption for innovative products recognized by CARB or NYSDEC.

40 - 9. Comment: EPA comments that subsection (c)(5) contains exemptions for manufacturers who have been granted an exemption by CARB pursuant to the innovative products provisions of 17 CCR 94511 or 17 CCR 94503.5 or an exemption by the NYSDEC pursuant to the innovative products provisions of 6 NYCRR 235-5.1. Connecticut’s subsection (c)(5) exemption raises the issue of Director’s discretion. Such exemptions from the rule must be submitted to EPA for approval. The California and New York rules do, however, require that innovative products result in less VOC emissions than the established standards. Therefore, as long as the innovative product has been approved by EPA for use in one state, that approval is sufficient for its use in Connecticut. For example, if EPA approves an innovative products exemption issued by CARB, then that innovative products exemption is also valid in Connecticut ( i.e ., it does not need to also be submitted as a revision to the Connecticut SIP).

Thus, subsection (c)(5) should be revised, as follows:

“This section shall not apply to any product for which the manufacturer is granted one of the following exemptions. . .

(A) An exemption by CARB pursuant to the Innovative Products provision of 17
CCR 94511 or 17 CCR 94503.5 , and for which such Innovative Products Exemption has been approved by EPA, for the period of time. . .

(B) An exemption by the NYSDEC pursuant to the Innovative Products provisions of

6 NYCRR 235-5.1 , and for which such Innovative Products Exemption has been approved by EPA, for the period of time. . .”

Response: Although it is not stated explicitly in the comment, EPA’s underlying concern appears to be the same as EPA expressed in comment 40-5, that Section 40’s innovative product exemption jeopardizes the level of VOC emissions reductions achieved. However, that concern lacks merit. As EPA recognizes in its comment, by definition an innovative product exemption24

grant by CARB or NYSDEC is only provided to a manufacturer for a product for which clear and convincing evidence has been provided that the product will result in lower VOC emissions per use than a complying product that meets the applicable VOC limit. The product may result in fewer emissions due to some characteristic of the product formulation, design, delivery system or other factors. This exemption is designed to provide a certain degree of flexibility to manufacturers, while preserving the emission benefits of the regulation.

Further evidence that Section 40’s innovative product exemption will have no measurable effect on the projected emissions reductions is the limited number of such exemptions likely to be in effect under Section 40. For example, under New York’s consumer products regulation, which has been in effect since October 2002, NYSDEC has issued one innovative product exemption, based on the grant of such an exemption by CARB for the same product and which applies for the same period of time as the CARB exemption. Similarly, under Delaware’s consumer product regulation, Regulation No. 41, which has been in effect since January 2002, the Delaware Department of Natural Resources and Environmental Control has issued a few innovative product exemptions, where such exemptions were first granted by CARB for the same product

. 4

Since the innovative product exemption as designed should preserve the environmental benefits anticipated to result from Section 40, the Depart ment should not revise Section 40 as suggested.

Although not stated in the comment, EPA’s suggested revision may also be based on EPA’s potential future ability to enforce Section 40 if it is approved as a SIP revision. After a regulation is federally approved, EPA is authorized to take enforcement action against violators and knowledge of recognized exempted innovative products would be necessary in that instance. Such an informational concern is addressed in the response to Comment 40 - 17.

40 - 10. Comment: Section 40(c)(7) allows an exemption for products that have been exempted by NYSDEC pursuant to the alternative control plan (ACP) requirements of New York’s consumer products rule. Connecticut’s subsection (c)(7) exemption raises the issue of Director’s discretion. Such exemptions from the rule must be submitted to EPA for approval.

As stated in New York’s rule for consumer products, the ACP agreement is an emissions averaging program for products, whereby the sales of a product in New York is one of the factors used in the calculations to determine the ACP limit. For some products, sales characteristics in New York may not be representative of the sales characteristics for those same products in Connecticut. Therefore, although the ACP agreement may be approved by EPA as a revision to one state’s SIP, such agreement would also need to be approved as applicable in
Connecticut.

Therefore, EPA recommends that subsection (c)(7) should be revised to read as follows:

“This section shall not apply to any manufacturer for any product that the NYSDEC has exempted pursuant to the Alternative Control Plan requirements of 6 NYCRR 235-11.1, and for which such Alternative Control Plan has been approved as a revision to the

4 Since 1992, CARB has issued 39 Executive Orders establishing innovative product exemptions, 32 of
which are still in effect.25

Connecticut SIP, for the period of time. . .

Response: EPA is correct in noting that the ACP allows manufacturers to average the emissions from products above and below the applicable VOC limits; EPA’s comment does not mention
that the overall emissions under an ACP must be less than or equal to the emissions that would have occurred had all the products complied with the VOC limits. The ACP provides manufacturers with flexibility, but preserves the overall emission reductions of the VOC content limitations. Thus, the availability of the ACP is consistent with the criteria guiding the development of Section 40, to maximize environmental benefit and minimize administrative
burden.

Consistent with the 2001 and 2006 OTC Model Rules for Consumer Products, the grant of an ACP by CARB is recognized in consumer product regulations in seven states in the OTC, 5
including New York, as well as the District of Columbia. CARB’s grant of an ACP is recognized without adjustment for the differences in population size and sales between California and the OTC state recognizing CARB’ s ACP. Similarly, Section 40 is proposed without any such adjustments not only to minimi ze administrative requirements but also because sales characteristics of products sold in New York are arguably a reasonable surrogate for Connecticut, at least at a level sufficient for the purpose of the ACP of Section 40. Any measurable difference in the resulting emissions reductions from Section 40 would be taken into account in a rule effectiveness factor that will be applied in calculating the emissions benefits of Section 40 for attainment planning purposes.

To further minimize any potential emissions disbenefits, ACP agreements are actually in use by very few manufacturers. CARB has only entered into ACP agreements with three manufacturing companies over the history of the California consumer product program. Under the New York consumer product regulation, NYSDEC has issued one ACP agreement, which is based on the grant of such an agreement by CARB for the same product and which applies for the same period of time as the CARB agreement. Similarly, under Delaware’s consumer product regulation, Regulation No. 41, which has been in effect since January 2002, the Delaware Department of Natural Resources and Environmen tal Control has issued a few ACP agreements, where such agreements were first entered into by CARB for the same product.

Since ACP agreements are few in number, the likelihood that recognizing such agreements in effect in other states in Section 40 will have a measurable negative impact on projected VOC emissions reductions in Connecticut is very small. For this reason, ACP provisions are considered emissions neutral for SIP-credit purposes. Requiring that any such agreement would need to be formally submitted to and approved by EPA as a SIP reduction adds an unnecessarily large administrative element for both EPA and the Department – with no or minimal air quality benefit. Therefore, the Department should not revise Section 40 in response to this comment.

Although not stated in the comment, EPA’s suggested revision may also be based on EPA’s potential future ability to enforce Section 40 if it is approved as a SIP revision. After a regulation is federally approved, EPA is authorized to take enforcement action against violators and knowledge of recognized ACP agreements would be necessary in that instance. Such an

5 Delaware, Maine, Maryland, New Hampshir e, New Jersey, New York and Pennsylvania.26

informational concern is addressed in the response to Comments 40-11 and 40-17.

40 - 11. Comment: CSPA, ASPA and CTFA recommend that the alternative control plan (ACP) exemption provided in subsection (c)(7) for products approved under an ACP agreement entered into by NYSDEC should be broadened to also exempt products for which CARB has entered into an ACP agreement. The grant of an ACP by CARB is recognized in consumer product regulations in seven states in the OTC as well as the District of Columbia. CSPA, ASPA and CTFA recommend that the Department make two revisions to Section 40 to recognize ACP grants by CARB:

• In subsection (a), the definition of “alternative control plan” should be defined to include CARB, as follows:

"Alternative control plan" means an emissions averaging program approved by
CARB or the NYSDEC and subject to subsection (c) of this section.

• Subsection (c)(7) should be revised, as follows:

This section shall not apply to any manufacturer for any product that the CARB

or NYSDEC has exempted pursuant to the Alternative Control Plan requirements

of subchapter 8.5, article 2, section 94511, of title 17 of the California Code of Regulations or 6 NYCRR 235-11.1 for the period of time . . .

Response: The Department should revise the ACP pr ovisions in the final version of Section 40 to recognize the products for which CARB has entered into an ACP agreement. The ACP allows manufacturers to average the emissions from products above and below the applicable VOC limits – if the overall emissions under an ACP are less than or equal to the emissions that would have occurred had all the products covered in the ACP complied with the VOC limits. The ACP provides manufacturers with flexibility, but preserves the overall VOC emission reductions. Therefore, recognition of ACP agreements entere d into by CARB is consistent with the goal of adopting Section 40. Since CARB has only entered into ACP agreements with three companies over the history of the California consumer product program, 6 this addition is, in fact, very
limited.

To create such recognition, the Department should revise the definition of “alternative control plan” in the final text of Section 40(a) as follows:

"Alternative control plan" or “ACP” means an emissions averaging program approved by CARB or the NYSDEC and subject to subsection (c) of this section.

In addition, subsection (c)(7) of the final version of Section 40 should be revised, as follows:

(7) This section shall not apply to any manufacturer for any product that the NYSDEC has exempted pursuant to the Alternative Control Plan requi rements of 6

6 These three companies are SC Johnson, Inc., Sher win Williams Diversified Brands, Inc. and Shield Industries, Inc.27

NYCRR 235

- 11.1 for the period of time the underlying Alternative Control Plan Agreement remains in effect. Any manufactur er who claims exemption pursuant to this subdivision shall submit to the Commissioner, upon request therefore, a copy of the applicable Alternative Control Plan Agreement

. is subject to one of the ACP agreements identified below, provided that the manufacturer complies with all conditions applicable to the underlying ACP agreement :

(A) Exempt by NYSDEC pursuant to the ACP requirements of 6 NYCRR 235- 11.1 for the period of time the underlying ACP agreement remains in effect. Any manufacturer who claims exemption pursuant to this subparagraph shall submit to the Commissioner and the Administrator, upon request therefor, a copy of the applicable ACP agreement; or

(B) Exempt by CARB pursuant to the ACP requirements of 17 CCR 94511 for the period of time the underlying ACP agreement remains in effect. Any manufacturer who claims exemption pursuant to this subparagraph shall submit to the Commissioner and the Administrator, upon request therefor, a copy of the applicable ACP agreement.

40 - 12. Comment: CSPA strongly supports the Department’s proposed exemption in subsection (c)(11) from the labeling requireme nts of Section 40(e) for consumer products registered under FIFRA. (CSPA)

Response: The Department notes CSPA’s support for the labeling exemption of Section 40(c)(11).

40 - 13. Comment: CSPA encourages the Department to add an exemption to subsection (c) to allow a one-year extension for compliance for FIFRA-registered products. Such additional time is necessary given the higher level of regulatory review and process that applies to FIFRA registered products. Such a one-year extension is included in both the CARB consumer product regulation and 2006 OTC Model Rule for Consumer Products. CSPA suggests the addition of a new subdivision to subsection (c) to create this extension, as follows:

Products registered under FIFRA. For those consumer products that are registered under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Section 136-136y), the effective date of the VOC standards specified in this section and in Table 40-1 is January 1, 2010.

Response: For consistency with the OTC Model Rules for Consumer Products, the Department should add a one-year extension for compliance with the VOC standards of Section 40 for products registered under FIFRA. Such an extension takes into account the length of the regulatory review process to which such products are subject. Such an extension should be added by revising the proposed language of Section 40(c)(11), as follows:

(11) For consumer products registered under FIFRA:

(A) The requirements of subsection (e) of this section shall not apply to28

consumer products registered under FIFRA ; and

(B) Prior to January 1, 2010, the VOC content limits of this section and additional requirements in subsection (d) shall not apply

.

Subsection (d), Standards
40 - 14. Comment: As currently drafted, subsection (d)(3) of the proposed Section 40 erroneously cites certification by NYSDEC to demonstrate compliance for charcoal lighter
materials. The correct citation should be to CARB’s certification. Both New York State’s regulation and the OTC Model Rule incorporate by express reference CARB’s certification. Therefore, at a minimum, CSPA strongly urges the Department to make the following revision:

(3) No person shall sell, supply or offer for sale in Connecticut after May 1, 2008 January 1, 2009 , any charcoal lighter material product in Connecticut unless at the time of the transaction, such person possesses documentation showing that such product has been issued a currently effective certification by the NYSDEC pursuant to 6 NYCRR 235

- 3.1(e) CARB under subchapter 8.5, article 2, section 94509(h), of title 17 of the California Code of Regulations (see Table 1, section 200.9 of this Title). This certification remains in effect for the State of Connecticut for as long as the CARB certification remains in effect.

In addition, CSPA urges the Department to eliminate any unnecessary administrative burdens on both the DEP and product manufacturers by requiring companies to provide proof of certification only upon request . Such a requirement is internally consistent with other provisions of the proposed regulation. Moreover, as a general matter, this regulatory enforcement mechanism is consistent with the current generally prevailing practice of EPA, CARB and other state agencies to require companies to produce copies of pertinent records and other documents only upon request. Accordingly, CSPA urges the Department to further revise the proposed regulation as
follows:

(3) No person shall sell, supply or offer for sale in Connecticut after May 1, 2008 January 1, 2009 , any charcoal lighter material product in Connecticut unless at the time of the transaction, such person possesses documentation showing that such product has been issued a currently effective certification by the NYSDEC pursuant to 6 NYCRR 235

- 3.1(e) CARB under the Consumer Products provisions under subchapter 8.5, article 2, section 94509(h), of title 17 of the California Code of Regulations (see Table 1, section 200.9 of this Title). This certification remains in effect for the State of Connecticut for as long as the CARB certification remains in effect. Any manufacturer claiming such a certification on this basis must maintain the certification in a form suitable for inspection and review and submit upon th e department’s request a copy of the certification decision (i.e., the Executive Order), including all conditions established by CARB applicable to the certification.

This additional enforcement provision is a reasonable and efficient way to ensure that companies comply with applicable standards without requiring an agency to collect and organize large quantities of paper. As a practical matter, manufacturers have a number of certifications related29

to charcoal lighter material. Requiring these companies routinely to produce copies of these certifications would impose an administrative burden on both the Department and the manufacturers while providing no measurable environment benefits.

Response: The reference to NYSDEC’s certification of charcoal lighter material products in subsection (d)(3) is not erroneous, as the comment suggests, as certification by NYSDEC includes, as a first requirement, certification by CARB. 7 Consumer product requirements in at least one other state in the OTR include recognition of charcoal lighter material product certifications by other states, similar to that proposed in Section 40(d)(3). 8 However, given CARB’s experience in evaluating charcoal light er material products and the recognition of CARB’s expertise in this matter in the OTC Model Rules for Consumer Products and in consumer product regulations in other OTR states, the Department should revise the final version of Section 40 so that any charcoal lighter material product sold in Connecticut is certified by CARB, as follows:

(3) No person shall sell, supply or offer for sale in Connecticut after May 1, 2008 January 1, 2009 any charcoal lighter material product in Connecticut unless at the time of the transaction, such person possesses documentation showing that such product has been issued a currently effective certification by the NYSDEC pursuant to 6 NYCRR

235

- 3.1(e) CARB pursuant to 17 CCR 94509(h)

.

In response to the suggestion in comment that the Department should specify in subsection (d)(3) that a certification pursuant to subsection (d)(3) should only be submitted to the Commissioner upon request, the Department should not revise Section 40. As proposed, Section 40’s reporting requirements function precisely as recommended in comment. As indicated in the introduction to this section of this report, one factor guiding the development of Section 40 was the elimination of administrative requirements that are not necessary to meet the primary goal of reducing VOC emissions. Section 40(g)(1) requires that persons subject to Section 40 maintain records of information necessary to determine compliance; the reporting requirements of subsection (h) only require submission of such in formation -- including charcoal lighter material product certifications -- to the Commissioner upon request

.

40 - 15. Comment: Three commenters (HSIA, CSPA, ASPA) address the prohibitions in subsections (d)(4), (d)(5) and (d)(6) of Section 40 on certain chlorinated solvents in certain consumer products, as follows:

HSIA strongly opposes the prohibitions in Section 40(d)(4) – (6) on methylene chloride and perchloroethylene in aerosol and contact adhesi ves, adhesive and graffiti removers, electronic and electrical cleaners, footwear and leather care products and general purpose degreasers. HSIA recommends that the Department restrict Section 40 to only those provisions that address ground-level ozone. HSIA considers the imposition of the chlorinated solvent restrictions to be premature and arbitrary because the Department has not engaged in a data collection effort concerning the use of the banned solvents. HSIA recommends that the Department engage in a data collection to develop an objective rationale for the control of chlorinated solvents in

7 See 6 NYCRR 235-3.1(e)(1)(i)(a).

8 See, e.g., New Hampshire Code of Administrative Rules Env-A 4103.07(a)(1).30

consumer products.

CSPA and ASPA recommend that the Department revise subsection (d)(6) for internal consistency and consistency with the 2006 OTC Model Rule for Consumer Products. CSPA and ASPA make two primary recommendations for revision to subsection (d)(6).

First, CSPA and ASPA recommend that the Depa rtment exclude electrical cleaners from the proposed ban on the use of chlorinated solvents (specifically -- perchloroethylene, trichloroethylene and methylene chloride) in produc t formulations since the inclusion of two of the three listed compounds (perchloroethylene and trichloroethylene) is necessary to produce a nonflammable product. (CSPA and ASPA do not object to a ban on the use of methylene chloride in electrical cleaners or a ban on all three chlorinated solvents in other products.) In support of this exclusion, CSPA and ASPA note th at since electrical cleaners are generally used on and near energized surfaces, a nonflammable formulation is essential. CSPA adds that the ban on the use of chlorinated solvents in electrical cleaners originates in California as a measure to reduce toxic air contaminants. California law imposes rigid and unyielding requirements regarding the use of toxic air contaminants, require ments that are not in effect in Connecticut or
the other OTR states.

Second, CSPA and ASPA recommend that the Department strike the three-year sell-through restriction for adhesive removers, electrical cleaners and graffiti because it creates an
administrative burden with little to no environmental benefit and is inconsistent with other requirements of Section 40.

CSPA and ASPA note that the only provisions of proposed Section 40 that limit the sell-through of products are those of subsection (d)(6)(B). In addition to being inconsistent with other requirements of the proposed regulation, CSPA a nd ASPA believe that this provision is not necessary because, as a practical matter, consumer product manufacturers produce and sell products very quickly. Marketing studies have consistently concluded that, in general, at least 90 percent of consumer products are sold within one year after being manufactured. Moreover,these studies conclude that during the second year and third years, this same 90 percent sellthrough rate continues. Consequently, after three years, 99.9 percent of the product would be
sold.

Thus, as a practical matter, CSPA and ASPA suggest that it makes little sense to require manufacturers to conduct recalls after three years to clear the remaining 0.1 percent of product from retail shelves, or to require retailers to perform an exhaustive search of inventory to avoid potential violations. Finally, CSPA and ASPA st ate that eliminating this sell-through limitation will have no measurable impact on VOC emissions reductions since the inclusion of chlorinated
solvents does not result in VOC emissions. If the Department retains the sell-through limitation, CSPA and ASPA recommend that the Department correct the effective date for internal consistency and consistency with the OTC Model Rule for Consumer Products so that the ban on the use of chlorinated solvents applies to products manufactured before January 1, 2009 and the proposed three-year sell-through limitation is changed to January 2012.

Response: As noted in the comment, the prohibitions on the use of chlorinated solvents originate in CARB’s consumer product requirements as a means to reduce toxic air31

contaminants. While the primary purpose of Section 40 is to reduce emissions of VOCs, restrictions on chlorinated solvents were also added since reducing emissions of toxic air pollutants is consistent with the Department’s mission and goals. Such chemicals also pose a hazard to water quality. Promoting the use in consumer products of safer, cost-effective alternatives to chlorinated solvents reflects a 2006 environmental initiative of the Department, which focuses on assisting individuals and organizations to decrease their “environmental footprint.”

Regarding the blanket suggestion from HSIA to remove all the restrictions on chlorinated solvents, HSIA provided no technical justification for its comments, and the Department should not revise Section 40 as suggested. The Department in proposing Section 40 and the OTC in developing the 2006 OTC Model Rule for Consumer Products relied on the considerable technical expertise and regulatory experience of CA RB. In California, chlorinated solvents were prohibited in certain products only after a determination was made that feasible alternatives are
available

. 9 Since manufacturers are using such feasible alternatives in products sold in California, manufacturers of products sold in Connecticut may make similar accommodations.

Regarding the recommendation to exclude electrical cleaners from the proposed ban on the use of chlorinated solvents, the Department should not revise Section 40 in response. Manufacturers are subject to the same restriction in California and have found alternatives to the use of chlorinated solvents that address the safety concern identified in the comment. CARB staff, in developing the restriction, identified technologies from previously regulated product categories that could be used as alternatives to chlorinated solvents in electrical cleaners. In the specific case of energized electrical cleaners, CARB staff realized that non-flammable solvents are required when electrical equipment can only be cleaned while the equipment is operating. As no reformulation options were found to be feasible for this category, no VOC limit was set.

Regarding the three-year sell-through restriction for adhesive removers, electrical cleaners and graffiti removers, the Department should delete th at provision from the final version of Section 40. Such a limitation is inconsistent with other requirements in Section 40 as well as the general approach to sell-through restrictions developed by the OTC in the 2001 Model Rule for Consumer Products. Finally, as noted in comment, such a restriction makes little practical sense.

To accomplish this change, subparagraph (B) of proposed subsection (d)(6) should be deleted. Since remaining subparagraph (A) states the same requirements as subdivision (5), except for different products, subdivision (5) and subdivision (6)(A) should be combined, as follows:

(5) No person shall sell, supply, offer for sale or manufacture for use in Connecticut

after May 1, 2008 January 1, 2009 any contact adhesive, electronic cleaner, footwear or leather care product
, orgeneral purpose degreaser , adhesive remover, electrical cleaner or graffiti remover that contains methylene chloride, perchloroethylene or trichloroethylene, except to the extent such compounds are present as impurities in a combined amount less than or equal to 0.01% by weight.

9 State of California Air Resources Board. June 24, 2004. Final Statement of Reasons for Rulemaking, Adoption of Proposed Amendment to the Californ ia Consumer Products Regulations and Method 310

.32

(6) The following additional requirements shall apply to adhesive removers, electrical cleaners and graffiti removers:

(A) Ex cept as provided in subdivision (6)(B) of this subsection, effective May 1, 2008, no person shall sell, supply, offer for sale or manufacture for use in Connecticut any adhesive remover, electrical cleaner or graffiti remover that contains methylene chlori de, perchloroethylene or trichloroethylene, except to the extent such compounds are present as impurities in a combined amount less than or equal to 0.01% by weight; and

(B) Adhesive removers, electrical cleaners or graffiti removers that contain methyl ene chloride, perchloroethylene or trichloroethylene and that were manufactured prior to December 31, 2006 may be sold, supplied or offered for sale until December 31, 2009.

In addition, the remaining subdivisions in subsection (d) should be re-numbered to reflect the combination of subdivisions (5) and (6).

Subsection (f), Compliance procedures and testing
40 - 16. Comment: EPA comments that subsection (f)(2)(C) and (D) allow alternative test methods that have been approved by the NYSDEC and by the Connecticut Commissioner, respectively. These sections should be revised to require that such alternatives must also be approved by EPA.

Response: The use of alternative test methods will likely be limited to very few products, which will likely have been subject to review by California as well as New York or other states in the

OTR. 10 The use of such alternative test methods is likely to have no measurable relation to the VOC emissions reductions achieved by Section 40. Therefore, the imposition of an additional layer of approval (EPA’s) will come at a cost in the administrative burden on regulated persons and EPA yet achieve no identifiable environmental benefit. EPA offers no additional justification for such approval. Accordingly, the Department should not revise subsections (f)(2)(C) and (D) as suggested in the comment.

Although not stated in the comment, EPA’s suggested revision may also be based on EPA’s potential future ability to enforce Section 40 if it is approved as a SIP revision. After a regulation is federally approved, EPA is authorized to take enforcement action against violators and knowledge of recognized alternative test methods would be necessary in that instance. Such an informational concern is addressed in the response to Comment 40-17.

Subsection (g), Record keeping
40 - 17. Comment: Subsection (g)(3)(A) should be revised to require that all records be “made
available to the Commissioner or EPA to inspect and copy upon request.”

10 As a point of evidence, under Delaware’s consumer product regulation, Regulation No. 41, which has been in effect since January 2002, the Delaware Department of Natural Resources and Environmental Control has received no requests for the use of alternative test methods.33

Response: Therefore, the Department should revise subsection (g)(3)(A) in response to this comment, as follows:

(3) All records made to determine compliance with the requirements of this section
shall be:

(A) Made available to the Commissioner and the Administrator to inspect and copy upon request; and

While EPA offers no justification for the revision of subsection (g)(3)(A) to allow EPA access to records maintained by regulated persons pursuant to Section 40, the Department intends to
submit Section 40 to EPA as a SIP revision. EP A’s approval of Section 40 as a SIP revision includes an enforceability element for which access to records is necessary.

Section 40: Additional Comment by Hearing Officer Section 40 was proposed prior to the development of the 2006 OTC Model Rule for Consumer Products and anticipated the provisions of the 2006 Model Rule based on the 2001 OTC Model Rule for Consumer Products and the revisions to the California consumer product program regulations that were finalized on July 20, 2005. Therefore, some of the language does not directly track the final 2006 OTC Model Rule provisions. In addition, there are minor errors in
Section 40 that were not addressed in comment.

To correct minor errors and increase the likelihood of regionally consistent consumer product regulations, the Department should make the following technical corrections to the identified sections of proposed Section 40:

• “Vinyl/fabric/leather/polycarbonate coating” was inadvertently left out of the products that are not considered “footwear or leather care products” in the 2006 OTC Model Rule definition of “footwear or leather care product” and should be added to subsection (a), as
follows:

"Footwear or leather care product" means any product designed or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect or modify the appearance, durability, fit or flexibility of the footwear or leather article/component. Footwear includes both leather and nonleather foot apparel. Footwear or l eather care product does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, . . .

• The definition of “vinyl/fabric/leather/poly carbonate coating” indicated below should be added to subsection (a) since the term is used in the definition of “footwear or leather care product:

“Vinyl/fabric/leather/polycarbonate c oating” means a coating designed and labeled exclusively to coat vinyl, fabric, leather or polycarbonate substrates.34

• The word “adhesive” should be added to the definition of “mist spray adhesive” in subsection (a), as follows:

“Mist spray adhesive” means any aerosol adhesive that is not a special purpose spray adhesive and that delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of
adhesive to the substrate.

• The federal specification referenced in the definition of “structural waterproof adhesive” is no longer valid. In subsection (a), that definition should be revised, as follows:

“Structural waterproof adhesive” means an adhesive with bond lines that are
resistant to conditions of continuous immersion in fresh or salt water and that conforms with Federal Specification MMM

- A

- 181, Type 1, Grade A, and MIL

A

- 4605, Type A, Grade A and Grade C. MMM-A-181D (Type 1, Grade A).

• The New York State Department of Environmental Conservation is referenced in many instances throughout Section 40 in an abbreviated form. However, the abbreviation used is not consistent. The definition in subsection (a) uses the term “NYDEC,” but the majority of internal references use the abbreviation “NYSDEC.” For consistent use, the
abbreviation “NYSDEC” should be substituted for “NYDEC” in the definition of “New York State Department of Environmental C onservation” in subsection (a) and throughout
the text.

• The subparagraph designations in subsection (c)(8) should be changed from small roman numerals to capital letters in accordance with standard formatting.

• Subsection (c)(16) should be revised to reflect the size limitations on adhesives that are found in the 2006 OTC Model Rule for Consumer Products, as follows:

(16) The requirements of this section shall not apply to : contact adhesi ves; construction, panel and floor covering adhesives; and general purpose adhesives sold in units of more than one gallon.

(A) Contact adhesives sold in units of product, less packaging, of more than one gallon; or

(B) Construction, panel and floor covering adhesive and general purpose adhesive sold in units of product, less packaging, of more than one pound or 16 fluid ounces.

• The following technical revisions should be made to subsection (d)(4)(C) to correct inaccuracies in reproducing language consistent with the 2006 OTC Model Rule for
Consumer Products:

(C) Is If the product is sold as a special purpose spray adhesive, where the product35

label indicates shall indicate that the adhesive is suitable only . . .

• Tables 40-1 and 40-3 should be merged. Two tables were proposed to separate those products regulated in the 2001 OTC Model Rule for Consumer Products (Table 40-1) from products added in the 2006 OTC Model Rule for Consumer Products based on the addition of such products to California’s consumer product program in 2005. Since the standards in the two tables are subject to the same requirements throughout Section 40, there is no logical reason to retain two tables. In addition, the reference to subsection (e)(6) with respect to floor wax strippers should change to subsection (e)(5).

As a result, Table 40-1 should include the combined product and emissions standards, with the correction noted, as follows:

Table 40-1. VOC Content Limits for Listed Product Categories

. P RODUCT CATEGORY VOC CONTENT LIMIT ( PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT )

Adhesives Aerosol – Mist Spray 65 Aerosol -- Web Spray 55 Contact – General Purpose 55 Contact – Special Purpose 80 Special Purpose Spray Adhesives: Mounting, Automotive Engine Compartment, and Flexible Vinyl 70

Special Purpose Spray Adhesives: Polystyrene
Foam and Automotive Headliner 65

Special Purpose Spray Adhesives: Polyolefin and Laminate Repair/Edgebanding 60

Construction, Panel and Floor Covering 15 General Purpose 10 Structural Waterproof 15

Adhesive Removers Floor or Wall Covering 5 Gasket or Thread Locking 50 General Purpose 20 Specialty 70 Aerosol Cooking Spray 18

Air Fresheners Single-Phase Aerosols 30

Double-Phase Aerosols 25 Liquids/ Pump Sprays 18

Solids and Semi-solids 3 Antiperspirants

Aerosol 40 HVOC

10 MVOC36

P RODUCT CATEGORY VOC CONTENT LIMIT ( PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT )

Non-Aerosol 0 HVOC

0 MVOC

Anti-Static Product – Non-aerosol 11

Automotive Brake Cleaners 45 Automotive Rubbing or Polishing Compound 17

Automotive Wax, Polish, Sealant or Glaze

Hard Paste Waxes 45

Instant Detailers 3

All Other Forms 15

Automotive Windshield Washer Fluids 35

Bathroom and Tile Cleaners

Aerosols 7

All Other Forms 5 Bug and Tar Remover 40 Carburetor or Fuel-Injection Air Intake
Cleaners 45

Carpet and Upholstery Cleaners

Aerosols 7 Non-Aerosols (Dilutables) 0.1 Non-Aerosols (Ready-to-Use) 3 Charcoal Lighter Material See subsection (d)(3) of this section

Deodorants

Aerosol 0 HVOC

10 MVOC

Non-Aerosol 0 HVOC

0 MVOC Dusting aids

Aerosol 25

All Other Forms 7
Electrical Cleaner 45

Electronic Cleaner 75 Engine Degreasers

Aerosol 35

Non-Aerosol 5

Fabric Protectants 60

Fabric Refresher

Aerosol 15

Non-Aerosol 6
Floor Polishes/Waxes For Flexible Flooring Materials 7 For Nonresilient Flooring 1037

P RODUCT CATEGORY VOC CONTENT LIMIT ( PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT )

Wood Floor Wax 90 Floor Wax Strippers (Non-Aerosol) See subsection (e)(5) of this section

Footwear or Leather Care

Aerosol 75

Solid 55

All Other Forms 15

Furniture Maintenance Products

Aerosols 17 All Other Forms Except Solid and Paste 7 General Purpose Cleaners

Aerosols 10

Non-Aerosols 4 General Purpose Degreasers

Aerosols 50

Non-aerosols 4

Glass Cleaners

Aerosols 12

Non-Aerosols 4

Graffiti Remover

Aerosol 50

Non-Aerosol 30

Hair Mousses 6

Hairshines 55 Hairsprays 55 Hair Styling Product Aerosol and Pump Spray 6
All Other Forms 2 Heavy-Duty Hand Cleaner 8

Insecticides Crawling Bug (Aerosol) 15 Crawling Bug (all other forms) 20

Flea and Tick 25 Flying Bug (aerosol) 25 Flying Bug (all other forms) 35 Foggers 45 Lawn and Garden (Non-Aerosol) 3 Lawn and Garden (all other forms) 20 Wasp and Hornet 40 Laundry Prewash

Aerosols/Solids 22

All Other Forms 5 Laundry Starch Products 538

P RODUCT CATEGORY VOC CONTENT LIMIT ( PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT )

Metal Polishes/Cleansers 30 Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products) 50

Nail Polish Remover 75

Non-Selective Terrestrial Herbicide NonAerosols 3

Oven Cleaners Aerosols/Pump Sprays 8 Liquids 5 Paint Remover or Strippers 50

Penetrants 50 Rubber and Vinyl Protectants

Non-Aerosols 3

Aerosols 10 Sealants and Caulking Compounds 4 Shaving Creams 5 Shaving Gel 7 Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products) 60

Spot Removers

Aerosols 25

Non-Aerosols 8

Tire Sealants and Inflators 20

Toilet/Urinal Care Product

Aerosol 10

Non-Aerosol 3 Undercoatings - Aerosols 40

Wood Cleaner

Aerosol 17

Non-Aerosol 4

In addition, references throughout the text to Table 40-3 should be replaced or eliminated, as follows:

3⁄4 The phrase “Table 40-1 or Table 40-3” in subsections (c)(2), (c)(9), (c)(10), (c)(14), (d)(10) and (f)(1) should be replaced with “Table 40-1;”

3⁄4 The phrase “Tables 40-1 and 40-3” in subsections (d)(1), (d)(2) and (d)(7)(A) should be replaced with “Table 40-1;”

3⁄4 The phrase “Table 40-1 and Table 40-3” in subsections (d)(2)(A) and (d)(2)(B) should be replaced with “Table 40-1;” and39

3⁄4 The phrase “Table 40-3” in subsections (d)(6)(A) and (d)(6)(B) should be replaced with “Table 40-1.”40

Adoption of R.C.S.A. Section 22a-174-41 R.C.S.A. Section 22a-174-41 (Section 41) establis hes standards for architectural and industrial maintenance (AIM) coatings sold and applied in Connecticut. The emissions reductions associated with this regulation contribute ultimately to the attainment of the NAAQS for 8-hour ozone. Section 41 is based on the 2001 OTC AIM Model Rule, versions of which are now in effect in eight other states in the OTR. As in the case of Section 40, two criteria guided the development of Section 41: (1) regional consistency as measured against the requirements of the 2001 OTC AIM Model Rule and AIM regulations now in effect in other states in the OTR; and (2) elimination of unnecessary administrative requirements on regulated entities and the Department.

All comments received on Section 41 are addressed below, ordered according to the portion of
Section 41 addressed in the comment.

41 - 1. Comment: Both CBIA and UTC express concern regarding the potential “dual regulation of the affected activities” under R.C.S.A. section 22a-174-20(g) (Section 20(g)) and
Section 41.

CBIA and UTC comment that Section 41 regulates the same population of architectural coatings as the current Section 20(g). The commenters see a potential conflict between these two regulations as they apply different restricti ons to the same coatings. Proposed Section 41 regulates the coatings based on their use and VOC content. Section 20(g) regulates all architectural coatings based on their photochemical reactivity.

In addition, CBIA and UTC note that the requi rements in Section 20(g) are outdated and ineffective. Section 20(g) allows any amount of highly photochemically reactive architectural coating to be applied as long as it is purchased in one quart containers. Not only is there the issue of availability (most paints and stains are sold in gallon containers), but the environmental benefit involved in the purchasing an unlimited quantity of architectural coatings in small containers is questionable at best.

Accordingly, CBIA and UTC suggest that the De partment repeal Section 20(g) to avoid potentially conflicting requirements.

Response: A one liter (1.057 quart) exemption, similar to the one-quart exemptions in Section 20(g), does appear in subdivision (c)(4) of Section 41 so the conflict anticipated by the commenters is effectively limited to the use of metric liters as opposed to US quarts.

CBIA and UTC’s request concerning Section 20(g) a ddresses a section of the regulations that is not within the noticed subject matter of this proceeding. The Department should not alter or delete Section 20(g) without providing adequate notice for public input. As of the effective date of Section 41, any person using or supplying regulated AIM coatings must comply with the requirements of both regulations. The Department should consider the appropriateness of deleting Section 20(g) or clarifying the interac tion between that section and Section 41 in a subsequent regulatory proceeding.41

41 - 2. Comment: EPA states that the proposed rule includes compliance dates for meeting the VOC content limits and some of the other requirements of the rule, but not all. To address this, EPA recommends that Connecticut add a general compliance-date provision to the rule as
follows:

“ Compliance Schedule

Unless otherwise noted, any person or manufacturer subject to the requirements of Section 22a-174-41 shall be in compliance with all of the applicable provisions of this Section upon the effective date of the regulation. ”

Response: The inclusion of the May 1, 2008 compliance date in the exemption provisions of subsection (c)(2) and the standards set out in subsection (d)(1) is intended to identify the effective date. EPA’s comment points out that the inclusion of that date in the applicability provisions in subsection (b) would add clarity, as follows:

(b) Applicability.

Except as provided in subsection (c) of this section, this section applies to any person

who , on or after May 1, 2008, sells, supplies, offers for sale or manufactures for sale in the State of Connecticut any architectural coa ting for use in the State of Connecticut and to any person who applies or solicits the application of any architectural coating within

the State of Connecticut on or after May 1, 2008

.

EPA’s comment suggests that Section 41 is not so clear in designating compliance dates for labeling and reporting. However, the labeling requirements of subsection (e) clearly apply to all regulated products as of April 1, 2008 (see subsection (e)(1)). With the inclusion of effective dates in subsections (b), (c), (d) and (e), it is clear that record keeping and reporting to demonstrate compliance must coincide with dates designated elsewhere in Section 41.

41 - 3. Comment: The Department of Defense (DoD), through representatives of the US Navy at Groton, CT, has submitted several comments concerning potential compliance issues stemming, in part, from the internal distribution system used by the military. If the proposed regulations were construed to include the Navy as a “supplier” of AIM coatings, this internal distribution system would make it difficult, if not impossible, for the Navy to comply.

DoD comments that it is unclear whether the term “supplies” (as used in 22a-174-41(b) of the proposed regulation) would apply to end-users of AIM coatings, such as personnel involved in the internal transaction/disbursement management process for hazardous materials at military facilities. DOD believes that interpreting the term “supplies” as encompassing such end-users is inconsistent with the regulation’s focus on ma nufacturers and distributors of AIM coatings within the stream of commerce and not intra-organizational management of these products after end-user purchase. Additionally, DoD anticipates logistical barriers to coming into compliance prior to the May 21, 2011 deadline (three years after May 1, 2008) for “supplying” AIM coatings. Therefore DoD recommends that the De partment modify Section 41 to clarify that end-users of AIM coatings that have an intern al transaction/disbursement process to manage42

hazardous materials are not considered “suppliers” of AIM coatings. However, because it is unknown to DoD whether other end-users of AIM coatings that have an internal transaction/disbursement process to manage hazardous materials exist, DoD requests, at a minimum, that the Department clarify the regulation that such military installations are not considered “suppliers.”

Response: The Department recognizes the benefits of the military-wide HAZMAT distribution system, which include reducing both the purchase of hazardous materials and the generation of hazardous waste. However, if DoD were to be considered a “supplier” under this regulation, the military’s internal distribution system would make it difficult for officials on Connecticut military installations to comply with Section 41. The Department should revise Section 41 to take into account the internal distribution process used by the United States military in supplying products and hazardous materials for use at military installations. To limit the revision to such activities at United States military installations, the revision should be in the form of a new subdivision in subsection (c), as follows:

(5) For the purposes of this section, the terms “supply” and “supplied” shall not include internal transfers or transactions involving AIM coatings to, from or within an installation operated by any branch of the U.S. military.

41 - 4. Comment: DoD is concerned that the proposed regulation may not require the manufacturer to provide sufficient information to ensure compliance with the VOC limits in the regulation and will subsequently require the user to perform calculations for which he/she may not have adequate information.

Section 41(d)(1) states that the limits in Table 41-1 “ . . .apply to the grams VOC per liter of coating thinned to the manufacturer’s maximum recommendation . . .” (emphasis added). DoD interprets this to mean that the Table 41-1 limits reflect the maximum VOC content the coating can have, thinned or otherwise. Section 41(e )(3) states “ . . .[e]ach manufacturer of an architectural coating subject to this section shall display either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer , on the label, lid or bottom of the container.” (emphasis added). DoD believes that the option for the manufacturer to provide the “as supplied” VOC content together with the maximum thinning may not provide enough information to ensure that the “thinned” coating will meet the Table 41-1 limits. For example, if the manufacturer displays the as supplied VOC content together with the maximum thinning recommendation, the user will be required to calculate the VOC content of the “thinned” coating in an effort to ensure that the coating will meet the VOC limit in Table 41-1. In order to calculate the “thinned” VOC content, additional information is required, volume solids of the coating and thinner density. This information is not required to be supplied by the manufacturer by this regulation.

DoD does not advocate requiring the user to calculate the thinned VOC content of each coating as will be required under the current proposal. DoD believes that this can be resolved by requiring the manufacturer to display the “thinned” VOC content together with the “as supplied” VOC content. Section 41(f)(3)(F) requires the manufacturer to provide the “thinned” VOC content upon request, therefore, requiring the manufacturer to display this information would not impose any additional burden on the manufacturer.43

Response: The Department agrees with DoD that the user should not be required to calculate the VOC content of thinned AIM coatings. However, the DoD’s concerns with regard to meeting VOC concentration limits are adequately addressed by the labeling requirements in Section 41(e). The VOC concentrations listed in Table 41-1 represent the VOC concentration at the “manufacturer’s maximum recommendation,” as defined in subsection (a) to be “the maximum recommendation for thinning that is indicated on the label or lid of the coating container.” It is the manufacturer’s responsibility to ensure that the VOC content on the label is consistent with the appropriate VOC content limit in Table 41-1. Provided that the user is not thinning the AIM coating beyond the recommended limit, no calculation should be necessary. For AIM coatings that have multiple uses and are subject to the most restrictive VOC content limit in subsection (d)(2), the manufacturer’s label should recommend thinning for the use that requires the most restrictive VOC content limit. Again, no calculations should be necessary. If a user remains concerned about the VOC limits in Table 41-1, the Department recommends that the user check with the manufacturers’ websites for detailed product information.

The Department should not change the proposed language of Section 41, which is consistent with the language in the OTC AIM Model Rule. Similar language has been in effect in other states in the OTR and the Department is not aware that it results in the difficulties anticipated by DoD. To add additional labeling requirements, even though the information is readily available to the manufacturer, would defeat the purpose of a regional model rule addressing products in
interstate commerce.

41 - 5. Comment: DoD is concerned that some of the information required to meet the VOC content standards in this regulation will not be readily available to the user in instances where the AIM coating products have multiple uses.

Section 41(d)(2) states that “ . . . the most restrictive VOC content limit shall apply to any architectural coating that is represented as meeting the definition of, recommended for use as or able to be used as more than one of the coating categories listed in Table 41-1. Such a representation may appear on the container of the architectural coating; a label affixed to the container; or any sales, advertising or technical literature supplied by the manufacturer or supplied by any person acting on the manufacturer's behalf, including retailers who sell under a private label .” (emphasis added). DoD does not believe that the burden of ensuring that nowhere other than the container label or readily available technical literature is there representation that the particular coating meets the definition of or is recommended for use or may be used for more than one of the coating categories should be placed on the user. The regulation as written would require the user to perform extensive research on every coating used in order to determine if it is recommended for use or simply could be used under any of the thirty-three coating categories not exempt from this requirement.

DoD recommends that either the regulation require that the VOC content of the coating meet the limit of the coating category under which the coating is applied, in which case Section 41(d)(2) should be deleted; or that the coating category information be limited to the coating label of readily available technical literature in which case Section 41(d)(2) should be amended to read:

(d) Standards.44

(2) Except as provided in subdivision (3) of this subsection, the most restrictive VOC content limit shall apply to any architectural coating that is represented as meeting the definition of, recommended for use as or able to be used as more than one of the coating categories listed in Table 41-1. Such a representation may appear on the container of the architectural coating; a label affixed to the container; or any sales, advertising or readily
available technical literature supplied by the manufacturer or supplied by any person acting on the manufacturer's behalf, including retailers who sell under a private label.

Response: It was not the intent of the Department to put an excessive burden on the end-user to determine whether a coating can be used for more than one purpose with regard to the “most restrictive VOC content” provision of subsection (d)(2). The manufacturer should ensure that the intended use or uses of the AIM coating be readily available to the user. The information requirement in subsection (d)(2) adequately accomplishes this purpose.

DoD suggests that the peculiarities of the military distribution system may separate sales or technical information that would ordinarily be r eadily available to users, from the product, so that it is not accessible to DoD personnel. In such cases, the Department encourages DoD personnel to make use of the manufacturers’ resources readily available on the Internet to check for alternative uses of AIM coating products if any questions arise.

In light of this comment, the Department observes that the language from the OTC AIM Model rule may more clearly express the intent of subsection (d)(2) and should be substituted in the final version of Section 41, as follows:

(2) E xcept as provided in subdivision (3) of this subsection, the most restrictive VOC content limit shall apply to any architectural coating that is represented as meeting the definition of, recommended for use as or able to be used as more than one of the coa ting categories listed in Table 41

- 1. Such a representation may appear on the container of the architectural coating; a label affixed to th e container; or any sales, advertising or technical literature supplied by the manufacturer or supplied by any perso n acting on the manufacturer's behalf, including retailers who sell under a private label. Except as provided in subdivision (3) of this subsection, if anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or any person acting on the manufacturer’s behalf, including retailers who sell under a private label, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in Table 41- 1, then the most restrictive VOC content limit of Table 41-1 shall apply.

41 - 6. Comment: In subsection (d)(2), Connecticut’s rule states that the most restrictive VOC content limit shall apply when a coating meets the definition of more than one coating category. Subsection (d)(3), however, allows a number of coating categories an exemption from meeting this requirement. Most proposed categories for this exemption are consistent with the OTC model rule for architectural coatings, except for the following additional categories: calcimine recoaters, impacted immersion coatings, nuclear coatings, and thermoplastic rubber coatings and mastics. The emission limits in Connecticut’s rule for these coating categories [are] the same as45

the limits in EPA’s national architectural coatings rule and a less stringent limit should not be allowed. Therefore, EPA recommends that Connecticut should delete the reference to these categories in subsection (d)(3).

Response: The Department recognizes EPA’s concerns that the Connecticut regulations be consistent with the OTC AIM Model Rule and that the most stringent standards apply whenever possible. However, the first states to adopt the 2001 AIM Model Rule subsequently added calcimine recoaters, impacted immersion coatings, nuclear coatings, and thermoplastic rubber coatings and mastics to their list of materials exempted from “the most restrictive VOC limit” requirement, 11 and all of the other states in the OTR that have adopted the 2001 AIM Model Rule have incorporated the revised list. 12 To promote regionally consistent AIM requirements, the Department is adopting the same list of exempted materials that has been adopted by other OTC states. The Department should retain the proposed list in Section 41(d)(3).

41 - 7. Comment: Under subsection (d)(4), Connecticut proposes to include a requirement that all paint containers must be closed when not in use. To clarify the wide variety of containers that are included in this requirement, EPA recommends that Connecticut add language to subsection (d)(4) to conform with language in the OTC model rule as follows:

All containers of coating that are applied directly to a surface . . . These containers include, but are not limited to, drums, buckets, cans, pails, trays, or other application
containers. Containers of any . . .

Response: The Department should revise subsection (d)(4) for consistency with the OTC AIM Model Rule, as follows:

(d) Standards.

(4) All containers of coating that are applied directly to a surface from the container by pouring, siphoning, brushing, rolling, padding, raggi ng or other means shall be closed

when not in use. These containers include, but are not limited to, drums, buckets, cans, pails, trays, or other application containers. Containers of any VOC-containing materials used for thinning and cleanup shall be closed when not in use.

41 - 8. Comment: EPA comments that subsection (f)(2) should be revised to require that all
records “be made available to the Commissioner or EPA .”

Response: The Department should revise subsection (f)(2), as follows:

(f) Record keeping and reporting requirements.

11 Delaware Department of Natural Resources and Environmental Control (DNREC), Air Quality Management Regulation No. 41 §1(c)(2), New York State Department of Environmental Control (NYSDEC) Rules & Regulations Part 205.3(b) and the Pennsylvania Code §130.603(b)

12 Code of Maine Rules 06-096, Chapter 151 §3(B) (Maine has included all but “nuclear coatings.”), New Jersey Administrative Code §7:27-23.3(b) and New Hampsh ire Code of Administrative Rules, Part Env-A 4203.02 §(b)46

(2) All records made to determine compliance with this section shall be maintained for five years from the date such record is created and shall be made available to the

Commissioner or the Administrator within 90 days of a request.

41 - 9. Comment: EPA requests that subsection (g)(3)(A), which allows the use of alternative test methods approved by the New York De partment of Environmental Conservation (NYSDEC), be revised to require that these alternatives are also approved by EPA.

Response: The Department appreciates EPA’s comment on this issue. Every other OTC state that has included alternative test methods in the state’s AIM regulation has required EPA approval of such methods. The NYSDEC Regula tions Part 205.6(c), which is referenced in subsection (g)(3)(A)(iii), requires EPA approval of alternative test methods, so EPA approval is implicit in subsection (g)(3)(A)(iii), as proposed. The Department recommends that subsection (g)(3) be revised, as follows, to clarify that EPA approval is required for alternative methods:

(g) Compliance procedures and test methods.

(3) The following procedures shall be used to determine the physical properties of a coating in order to perform the calculations required pursuant to subdivision (2) of this
subsection:

(A) The VOC content shall be calculated according to:

(i) EPA Reference Method 24, 40 CFR 60, Appendix A,

(ii) SCAQMD Method 304-91 (revised February 1996), unless the results are inconsistent with the results of a determination pursuant to subparagraph (A)(i) of this subdivision, or

(iii) An alternative test method approved by the New York Department

of Environmental Conservation and the Administrator pursuant to NYSDEC Regulations Part 205.6(c);

Section 41: Additional Comment by Hearing Officer The Department should make the following technical correction to Section 40(e)(5):

The container-labeling requirement for clear brushing lacquer that is prescribed in Section 41(e)(5) should be changed to match the OTC AIM Model Rule by changing the word “shall” to “must,” as follows:

(5) Clear brushing lacquer. The manufacturer of any clear brushing lacquer subject to this section shall prominently display on the label the statements: " For brush application only " and " This product shall must not be thinned or sprayed ."

VII. Final Text of Proposal The final text of the proposal, inclusive of the changes recommended in this report, is located at Attachment 3 to this report.47

VIII. Conclusion Based upon the comments submitted by interested parties and addressed in this Hearing Report, we recommend the final proposed regulatory amendment and adoptions, as contained in Attachment 3 to this report, be submitted by the Commissioner for approval by the Attorney General and the Legislative Regulations Review Committee. Based upon the same considerations, we also recommend that upon promulgation the regulatory amendment and adoptions be submitted to EPA as revisions to the State Implementation Plan and as control measures in Connecticut’s plan to attain and maintain the national ambient air quality standard
for ozone.

September 19, 2006 /s/Merrily A. Gere Date Hearing Officer

September 19, 2006 /s/Patrice P. Kelly Date Hearing Officer

September 19, 2006 /s/Christopher Mulcahy Date Hearing OfficerAttachment 1
List of Commenters

1. Anne Arnold, Manager Air Quality Planning Unit United States Environmental Protection Agency (EPA) Region 1 One Congress Street, Suite 1100 Boston, MA 02114-2023

2. Joseph T. Yost Director, State Affairs Consumer Specialty Products Association (CSPA)
900 17 th Street, N.W., Suite 300 Washington, D.C. 20006 jyost@cspa.org

3. Thomas J. Donegan, Jr. Executive Vice President - Legal and General Counsel Cosmetic, Toiletry and Fragrance Association (CTFA)

1101 17 th Street, N.W., Suite 300 Washington, D.C. 10036-4702 donegant@ctfa.org

4. Stephen P. Risotto, Executive Director Halogenated Solvents Industry Alliance, Inc. (HSIA) 1300 Wilson Boulevard, 12 th Floor Arlington, VA 22209

5. Andrew Hackman Automotive Specialty Products Alliance (ASPA)
900 17 th Street, NW, Suite 300 Washington, D.C. 20006

6. Heidi K. McAuliffe Counsel, Government Affairs National Paint & Coatings Association, Inc. (NPCA) 1500 Rhode Island Avenue, NW Washington, DC 20005

7. Andrew J. Stackpole Regional Environmental Coordinator United States Department of Defense (DOD) Department of the Navy
Box 101 Naval Submarine Base New LondonGroton, CT 06349-5101

Rick Bennett United Technologies Corporation (UTC) United Technologies Building Hartford, CT 06101

Eric Brown, Associate Counsel Connecticut Business & Industry Association (CBIA)
350 Church Street Hartford, CT 06103-1126

Tom Scelfo, Senior Vice President
Woodard & Curran 1520 Highland Avenue Cheshire, CT 06410

Jack Graumann Nutmeg Chrome Corporation
111 Vanderbilt Avenue West Hartford, CT 06110

Donna Fritz, ESH Compliance Specialist BAE Systems
250 Knotter Drive Cheshire, CT 06410Attachment 2

Text of Proposed Regulations

See http://www.dep.state.ct.us/air2/regs/index.htmAttachment 3

Final Text of Regulations

### Office of Secretary of the State

State of Connecticut P.O. Box 150470, Hartford, CT 06115-0470 

# RECEIVED Susan Bysiewicz Secretary of the State

"i 200~ Lesley O. Mara AU~ 0

. Deputy Secretary of the State

DEPT. OF ENVIRONt~EfqTAL PROTECTION
OFFICE OF THE COMMISSIONER



### Juiy 26, 2007

Hon. Gina McCarthy, Commissioner Department of Environmental Protection

79 Elm Street
Hartford, CT 06105

Agency Regulation Concerning:

Abatement of Air Pollution: Amendment of Section 22a-174-20(1), Metal Cleaning; Adoption of Sections 22a-174-40 and 22a-174-41 pertaining to
Consumer Products and Architectural and Industrial Maintenance

Products 

### Regulation Review Committee Docket Number: 2006-064b Secretary of the State File N~ber: 5792

Dear Commissioner McCarthy:

This is to acknowledge receipt of two certified copies of the above referenced regulation issued by the Department of Environmental Protection.

We request that you please forward the original or a copy of this acknowledgement letter to your agency’s Legal Services Department for its files.

Said regulation was received and filed in this office on July 26, 2007. The effective date of this regulation is July 26, 2007.

One of the two copies has been forwarded to the Commission on Official Legal Publications as required by law.

Sincerely,

Barbara Sladek
ILLS Assistant Coordinator
860-509-6147

Commercial Recording Division (860) 509-6001 fax (860) 509-6069 State Capitol Office (860) 509-6200 fax (860) 509-6209 Legislation and Election Administration Division (860) 509-6100 fax (860) 509-6127 Deputy Secretary of the State (860) 509-6212 fax (860) 509-6131 General Information (860) 509-6000 Management & Support Services (860) 509-6190 .fax (860) 509-6175
Intemet Home Page www.sots.ct.gov 30 Trinity Street, Hartford, CT 06106

 ̄R-39 REV. 1/77

IMPORTANT: Read Instructions on bottom of Certification P age before completing this form. Failure to comp!~y with instructions may cause disapproval of proposed Regulations. 

### STATE OF CONNECTICUT 

## REGULATION

OF

NAME OF AGENCY



### Environmental Protection
Concerning Page 1 of 53 pages

Section 1 Amendment of Section 22a-174-20(/), Metal Cleaning;

Adoption of Section 22a-174-40, Consumer Products; and Adoption of 22a-174-41, Architectural and Industrial Maintenance
Products

Section 1. Subdivision (1) of subsection (/) of section 22a-174-20 of the Regulations of Connecticut State Agencies is amended to read as follows:



### (/)(1) Definitions. For the purposes of this subsection:

"Air knife system" means "air knife system" as defined’in 40 CFR 63.461.

"Cold cleaning" means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing[,] ~ flushing with or [immersion while maintain the degreasing solvent below its boiling point] immersing in an unheated degreasing solvent. Wipe cleaning is not included in this definition.

"Continuous web cleaning machine" means "continuous web cleaning machine"
as defined in 40 CFR 63.461.

"Conveyorized degreasing" means the continuous process of cleaning and removing soils from metal surfaces by operating with either cold or vaporized degreasing solvents.

"Degreasing solvent" means any volatile organic compound used for metal cleaning.

"Freeboard height" means, for a cold cleaner, the distance from the liquid solvent in the degreaser tank to the. lip of the tank. For an open top vapor degreaser it is the distance from the solvent vapor level in the tank during idling to the lip of the tank. For a vapor conveyorized degreaser, it is the distance from the vapor level to the bottom of the entrance or exit opening whichever is lower. For a cold conveyorized degreaser, it is the distance from the liquid solvent level to the bottom of the entrance or exit opening whichever is lower.

"Freeboard ratio" means the freeboard height divided by the smaller interior dimension (length, ..width or diameter) of the degreaser.

"Open top vapor degreasing" means the batch process of cleaning and removing soils from metal surfaces by condensing hot degreasing solvent vapor on the colder metal parts.

"Metal cleaning" means the process of cleaning soils from metal surfaces by cold cleaning or open top vapor degreasing or conveyorized degreasing.

"Refrigerated chiller" means a device, [device which is] mounted above the water jacket and the primary condenser coils, [consisting] that consists of secondary coils which carry a refrigerant to provide a chilled air blanket above the solvent vapor to reduce emissions from the degreaser bath. The chilled air blanket temperature, measured at the centroid of the degreaser at the coldest point, shall be no greater than thirty (30) percent of the solvent’s boiling point in degrees Fahrenheit.R-39 REV. 1/77 STATE OF CONNECTICUT Page 2 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Secs. 1-2

(K) "Special and extreme solvent metal cleaning" means the use of a cold cleaning unit to clean metal parts where such metal parts are used:

(i) In the research, development, manufacture and rework of electronic parts, assemblies, boxes, wiring harnesses, sensors and connectors used in aerospace service,

(ii) In the research, development, manuf acture and rework of ozone, nitrous oxide, fluorine, chlorine, bromine, halogenated compounds or oxygen in concentrations greater than twenty-three percent (23%),

(iii) In the research, development, manuf acture and rework of high precision products for which contamination must be minimized in accordance with a customer or other specification, or

(iv) In a manner that exposes such metal part s to ozone, nitrous oxide, fluorine, chlorine, bromine, halogenated compounds or oxygen in concentrations greater than twenty-three percent (23%).

(L) "Squeegee system" means "squeegee system" as defined in 40 CFR 63.461.

Sec. 2. Subdivision (3) of subsection ( l ) of section 22a-174-20 of the Regulations of Connecticut State Agencies is amended to read as follows:

( l )(3) Except as provide d [for] in [subdivision] subdivisions ( l )(6), ( l )(7) or ( l )(8) of this section, the owner or operator of any cold cleaning unit with an internal volume greater than one (1) liter and using solvents containing greater than five percent (5%) VOCs by weight shall meet the requirements of this subdivision.

(A) Equip the cleaning device with a cover [designed so] that [it can be] is easily operated with one hand.

(B) Equip the cleaning device with [a facility] an internal rack or equipment for draining cleaned parts [constructed internally ] so that parts are enclosed under the cover while draining. [The] Such drainage [facility] rack or equipment may be external for applications where an inte rnal type cannot f it into the cleaning
system.

(C) [Store waste degreasing solvent only in covered cont ainers and not dispose of waste degreasing solvent or transfer it to another part y, in a manner such that greater than 20 percent of the waste degreasing solvent, (by weight) can evaporate into the atmosphere.] Collect and store waste solvent in closed
containers. Closed containers used for storing waste solvent may contain a device that allows pressure relief but does not allow li quid solvent to drain from
the container.

(D) Close the cover [whenever] if parts are not being handled in the cleaner for two (2) minutes or more, or [when] if the device is not in use.

(E) Drain the cleaned parts for at least 15 seconds or until dripping ceases, whichever is longer.

(F) If a degreasing solvent spray is used[,] :

(i) [supply] Supply a degreasing solvent spray that is a solid fluid stream (not a fine, atomized or shower type spray)

,R-39 REV. 1/77 STATE OF CONNECTICUT Page 3 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 2

(ii) maintain a solvent spray [at a] pressure [which] that does not exceed ten (10) pounds per square inch as measured at the pump outlet

, and

(iii) perform [such] spraying within th e confines of the cold cleaning unit.

[(G) Install one of the following control devi ces if the solvent vapo r pressure is greater than 4.3 kilo pascals (33 millimeters of mercury or 0.6 pounds per square inch) measured at 38 degrees Celsius (100 degr ees Fahrenheit) or if the solvent is heated above 50 degrees Celsius (120 degrees Fahrenheit):

(i) freeboard that gives a freeboard ratio greater than or equal to 0.7;

(ii) water cover (solvent must be in soluble in and heavier than water); or

(iii) other systems of equivalent control, equal to that of a “refrigerated chiller” or carbon adsorption approved by the co mmissioner by permit or order.]

[(H)] (G) Minimize the drafts across the top of each cold cleaning unit such that whenever the cover is open the unit is not exposed to drafts greater than 40 meters per minute, as measured between [1] one and [2] two meters upwind, [and] at the same el evation as the tank lip.

[(I)] (H) Do not operate the unit upon the occu rrence of any visi ble solvent leak until such leak is repaired. Any leaked solvent or solvent spilled during transfer shall be cleaned immediately, and the wipe rags or other sorbent material used to clean the spilled or leaked solvent shall be immediately
stored in covered containers for disposal or recycling.

[(J)] (I) Provide a permanent, conspicuous label on or posted near each unit summarizing the applicable operating requirements.

[(K)] (J) Maintain [a monthly record of th e amount of solvent added to each unit and keep such record for a minimum of two (2) years after such record is made.] records of the information identified in this subparagraph for a minimum of five (5) years after such record is made:

(i) The type of solvent used, including a description of the solvent and the solvent name,

(ii) The vapor pressure of the solvent in mmHg measured at 20 degrees Celsius (68 degrees Fahrenheit),

(iii) The percent VOC content by weight, and

(iv) The amount of solvent added to each unit on a monthly basis.

(K) On or after May 1, 2008, use only solvent th at has a vapor pressure less than or equal to 1.0 mmHg at 20 degrees Celsius.

(L) Shall not clean sponges, fabric, wood, leather, pape r and other absorbent material in a cold cleaning machine.R-39 REV. 1/77 STATE OF CONNECTICUT Page 4 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 3

Sec. 3. Subdivisions (5) and (6) of subsection ( l ) of section 22a-174-20 of the Regulations of Connecticut State Agencies are amended to read as follows:

( l )(5) The owner or operator of any conveyorized degreaser shall meet the requirements of this
subdivision.

(A) Install one of the following control devices:

(i) Refrigerated chiller;

(ii) Carbon adsorption system, with vent ilation greater than or equal to fifteen (15) cubic meters per minute per squa re meter (50 cubic feet per minute per square foot) of solvent/air area (when downtime covers are open), and exhausting less than twenty five (25) parts per million of degreasing solvent by volume averaged over each complete adsorption cycle; or

(iii) A system, demonstrated to have a control efficiency equivalent to or greater than that required of the carbo n adsorption system required in this subparagraph

, which is approved by the commissioner by permit or order.

(B) Provide the follo wing safety switches:

(i) A condenser flow switch and device [which] that shuts off the sump heat
if the condenser coolant is not circula ting or if the vapor level rises above the height of the primary coil; and

(ii) A spray safety switch [which] that shuts off the spray pump or the conveyor if the vapor level drops more than ten (10) centimeters (4 inches) below the lowest condensing coil.

(C) Store waste degreasing solvent only in covered containers and not dispose of waste degreasing solvent or transfer it to another part y, such that greater than twenty (20) percent of the waste degr easing solvent (by weight) can evaporate into the atmosphere.

(D) Rack parts to allow complete drainage.

(E) Maintain conveyor speed at less than eleven (11) feet per minute , except that the owner or operator of any continuous web cleaning machine equipped with a squeegee system, air knife system or similar system to remove solvent film from
the surfaces of a continu ous web part, operated and maintained such that no
visible solvent film remain s on the continuous web part immediately after it exits the cleaning machine, shall be exempt from the conveyor speed requirement of this subparagraph.

(F) Use either a drying tunn el, rotating basket, or other equivalent method to prevent cleaned parts from carry ing out solvent liquid.

(G) Place covers over entrances and exits immediately after conveyors and exhausts are shutdown, leaving them in pl ace until just prior to start-up.

(H) Minimize openings during operation so th at entrances and exits will silhouette workloads with an average clearance be tween the parts and the edge of the degreasing unit opening of less than ten (10) centimeters (4 inches) or less than ten (10) percent of the width of the opening.R-39 REV. 1/77 STATE OF CONNECTICUT Page 5 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Secs. 3-4

(I) Prevent water from being visually de tectible in solvent exiting the water
separator.

(J) Do not provide exhaust ventilation ex ceeding twenty (20) cubic meters per minute per square meter (65 cubic feet per mi nute per square foot) of degreasing unit open area, unless necessary to meet OSHA requirements.

(K) Do not operate the unit upon the occurrenc e of any visible solvent leak until such leak is repaired.

(L) Provide a permanent, conspicuous labe l on or posted near each unit summarizing the applicable operating requirements.

(M) Maintain a monthly record of the amount of solvent added to each unit and keep such record for [two (2)] five (5) years after such record is made.

( l )(6) The commissioner may deem a cold cleani ng unit in compliance with the requirements of subparagraphs (A), (B), and (D) of [subdivision] subsection ( l )(3) of this section

, notwithstanding that such unit is uncovered, if the owner or operator submits written
documentation to the commissioner's satisfaction demonstrating such unit provides equal or better control of volatile organi c compound emissions than a sim ilar cold cleaning unit meeting such requirements. The [commissioner shal l make such a determination based upon] written
documentation shall include informa tion demonstrating compliance with the following criteria:

(A) The cold cleaner [must] shall have a remote solvent reservoir;

(B) On or prior to April 30, 2008, [The] the solvent used in the cold cleaner must not have a vapor pressure that exceeds 4.3kP a (33mm Hg or 0.6 PSI) measured at 38° C (100° F) or be heated above 50° C (120° F);

(C) The sink-like work area [must] shall have an open drain area less than 100 cm 2 ; and

(D) [Evidence is provided that] The waste solvent [will] shall be stored or properly disposed of with minimal loss due to evaporation.

Sec. 4. Subsection ( l ) of section 22a-174-20 of the Re gulations of Connecticut State Agencies is amended by adding subdivi sions (7), (8) and (9), as follows:

(NEW) (7) Subsections ( l )(3)(F) and ( l )(3)(G) of this section shall no t apply to the owner or operator of any cold cleaning unit used for special and extreme solvent metal cleaning if the owner or operator complies with the following requirements:

(A) Limits the amount of solvent consumed in special and extreme solvent metal cleaning spray operations at the premises, excluding solvent capture and recycled, to less than 3,000 gallons in any 12-month period;

(B) Uses a solvent with a VOC conten t less than 7.7 pounds per gallon; and

(C) In addition to the records re quired pursuant to subsection ( l )(3)(J) of this section, makes and maintains records sufficient to demonstrate compliance with subparagraphs (A) and (B ) of this subdivision.

(8) Subsection ( l )(3)(K) of this section sha ll not apply to the owner or operator of any of the following cold cleaning units:R-39 REV. 1/77 STATE OF CONNECTICUT Page 6 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection

Sec. 4

(A) Used for special and ex treme solvent metal cleaning;

(B) For which the owner or operator has submitted a demonstration that compliance with subsection ( l )(3)(K) of this section will result in unsafe operating conditions and received approval from the commissioner; or

(C) Located in a permanent total enclosure equipped with control equipment that is designed and operated with an overall VOC removal efficiency of 90 percent or
greater.

(9) On and after May 1, 2008, any person who sells or offers for sale any solvent containing VOCs for use in a cold cleaning machine sh all provide to the purchaser the following
information:

(A) The type of solvent incl uding a description of the solv ent and the solvent name,

(B) The vapor pressure of the solvent measured in mmHg at 20 degrees Celsius (68 degrees Fahrenheit); and

(C) The percent VOC content by weight.R-39 REV. 1/77 STATE OF CONNECTICUT Page 7 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 5

Sec. 5. The Regulations of Connecticut Stat e Agencies are amended by adding section 22a174-40, as follows:

(NEW)
Sec. 22a-174-40. Consumer Products.

(a) Definitions. For purposes of this section, the defin itions listed in this subsection shall apply.

(1) “Adhesive” means any product that is a pplied for the purpose of bonding two surfaces together excluding (1) mechanical means such as screws, clamps and Velcro, (2) products used on humans and animals, and (3) adhesive tape, co ntact paper, wallpaper, sh elf liners or any other product with an adhesive incorporated onto or in an inert substrate.

(2) “Adhesive remover” means a product design ed to remove adhesives from either a specific substrate or a variety of substrates. “Adhesive removers” do not include products that
remove adhesives and are intended for use on humans or other animals. For the purpose of this definition, “adhesive” means a substance used to bond one or more materials including, but not limited to, caulks, sealants or glues.

(3) “Aerosol adhesive” means an aerosolized bonding product in whic h the spray mechanism is permanently housed in a non-refillable can designed for hand-held ap plication without the need for ancillary hoses or spray equipment.

(4) “Aerosol cooking spray” means any aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food or both.

(5) “Aerosol product” means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container, or by means of a mechanically induced force. “Aeros ol product” does not include pump spray.

(6) “Agricultural use” means, for the purposes of this definition, the use of any pesticide or method or device for the control of pests in c onnection with the commercial production, storage or processing of any animal or plant crop, exclusiv e of the sale or use of pesticides in properly labeled packages or containers that are intended for use in:

(A) A household or its immediate environment;

(B) Structural pest control, which includes a use requiri ng a license under section 22a54 of the Connecticut General Statutes;

(C) A manufacturing, mining or chemical proc ess or in the operation of factories, processing plants and similar sites; or

(D) Within the lines of, or on property nece ssary for the operation of, buildings such as hospitals, schools, libraries, auditoriums and office complexes.

(7) “Air freshener” means any consumer produc t including, but not limited to, sprays, wicks, powders and crystals, designed for the purpos e of masking odors, or freshening, cleaning, scenting or deodorizing the air incl uding spray disinfectants and ot her products that are expressly represented for use as “air freshe ner.” “Air freshener” does not include products that are used on the human body, products that function primarily as cleaning products, di sinfectant products claiming to deodorize by killing germs on surfac es, institutional and indu strial disinfectants when offered for sale solely through instituti onal and industrial channe ls of distribution or toilet/urinal care products.R-39 REV. 1/77 STATE OF CONNECTICUT Page 8 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 5

(8) “All other forms” means all consumer product forms for which no form-specific VOC standard is specified. Unless specified in a VOC standard, “all other forms” include, but are not limited to, solids, liquids, wicks, powders, crys tals and cloth, paper wipes or towelettes.

(9) "Alternative control plan" or “ACP” mean s an emissions averaging program approved by
CARB or the NYSDEC.

(10) “Anti-microbial hand or body cleaner or soap” means a cleaner or soap designed to reduce the level of microorganisms on the skin through germicidal activit y, including, but not limited to, anti-microbial hand or body washes and cleaners, food-handler hand washes, healthcare personnel hand washes, pre-operative skin preparations and surg ical scrubs. “Antimicrobial hand or body cleaner or soap” doe s not include prescription drug products; antiperspirants; astringent or to ner; deodorant; facial cleaner or soap; general-use hand or body cleaner or soap; hand dishwashing detergent incl uding anti-microbial, he avy-duty hand cleaner or soap; medicated astringent or me dicated toner; or rubbing alcohol.

(11) “Antiperspirant” means a ny product including, but not lim ited to, an aerosol, roll-on, stick, pump, pad, cream or squeeze-bottle that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20 percent in at least 50 percent of a target population.

(12) “Anti-static product” means a product that is labeled to eliminate, prevent or inhibit the accumulation of static electricity, exclusive of electronic cleaners, floor polish or wax, floor coating, aerosol coating products or architectural coating.

(13) “Architectural coating” m eans, notwithstanding the definiti on in section 22a-174-1 of the Regulations of Connecticut State Agencies, a coa ting applied to stationary structures and their appurtenances, to mobile homes, to pavements or to curbs.

(14) “ASTM” means the American So ciety for Testing and Materials.

(15) “Astringent” or “toner” means a ny product not regulated as a drug by the United States Food and Drug Administration that is applied to the skin for the purpose of cleaning or tightening pores, including clarifiers and subs trate-impregnated products and excluding any hand, face or body cleaner or soap product, medicated astringent or medicated toner, cold cream, lotion or antiperspirant.

(16) “Automotive brake cleaner” means a clean ing product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

(17) “Automotive hard paste wax” means a motor vehicle wax or polish that is:

(A) Designed to protect and improve th e appearance of motor vehicle painted surfaces;

(B) A solid at room temperature; and

(C) Contains 0% water by formulation.

(18) “Automotive instant detailer” means a pr oduct designed for use in a pump spray that is applied to motor vehicle painted surfaces and wiped off prior to being allowed to dry.

(19) “Automotive rubbing or polishing com pound” means a product designed primarily to remove oxidation, old paint, scratches or swir l marks and other defects from motor vehicle painted surfaces without leav ing a protective barrier.R-39 REV. 1/77 STATE OF CONNECTICUT Page 9 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 5

(20) “Automotive wax, polish, sealant or glaze” means a product designed to seal out moisture, increase gloss or othe rwise enhance motor vehicle pain ted surfaces including, but not limited to, products designed for use in auto body repair shops and drive-through car washes, as well as products designed for the general public and excluding automotive rubbing or polishing compounds, automotive wash and wax products, su rfactant-containing car wash products and products designed for use on unpainted surfaces such as bare metal, chrome, glass or plastic.

(21) “Automotive windshield washer fluid” means any liquid designed for use in a motor vehicle windshield washer system either as an tifreeze or for the purpose of cleaning, washing or wetting the windshield, excluding fl uids placed by the manufact urer in a new vehicle and excluding wet towel products designed to be applied by hand to automotive windshields and
windows to remove dirt.

(22) “Bait station insecticide” means an insecticidal bait weighing no more than 0.5 ounce and composed of solid material feeding stimulants wi th less than five percent active ingredients that is designed to be ingested by insects.

(23) “Bathroom and tile clea ner” means a product designed to clean tile or surfaces in bathrooms, exclusive of products specifically de signed primarily to clean toilet bowls, toilet
tanks or urinals.

(24) “Bug and tar remover” means a product labele d to remove either or both of the following from painted motor vehicle su rfaces without causing damage to the motor vehicle finish:

(A) Biological-type residu es such as insect carcasses and tree sap; or

(B) Road grime, such as road tar, roadway paint markings and asphalt.

(25) “CARB” means the California Air Resources Board.

(26) “CCR” means the Califo rnia Code of Regulations.

(27) “Carburetor or fuel-injec tion air intake cleaners” mean s a product designed to remove fuel deposits, dirt or other contaminants from a carburetor, choke, throttle body of a fuelinjection system or associated linkages, excl usive of a product designe d exclusively to be introduced directly into the fuel lines or fuel st orage tank prior to introduc tion into the carburetor or fuel injectors.

(28) “Carpet and upholstery cleaner” means a cleaning product designed for the purpose of eliminating dirt and stains on r ugs, carpeting, and the interior of motor vehicles or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics including, but not limited to, products that make fabric protectant claims and excluding general purpose cleaners, spot removers, vinyl or leather cleane rs, dry cleaning fluids or products designed exclusively fo r use at industrial f acilities engaged in furniture or carpet manufacturing.

(29) “CAS” means Chemi cal Abstract Service.

(30) “Charcoal lighter material” means any com bustible material designe d to be applied on, incorporated in, added to or used with charcoal to enhance ignition, exclud ing electrical starters and probes, metallic cylinders using paper tinder, natural gas, propane or fat wood.

(31) “Colorant” means any pigment or coloring material used in a consumer product for an aesthetic effect, or to highlight a component.R-39 REV. 1/77 STATE OF CONNECTICUT Page 10 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 5

(32) “Connecticut sales” means the annual sales in Connecticut during a specified calendar year of a consumer product, expressed as net po unds of product less packaging and container.

(33) “Construction, panel and fl oor covering adhesive” means any single-component adhesive
that is not floor seam sealer and that is designed exclusivel y for the installation, remodeling, maintenance or repair of:

(A) Structural and building components that include, but are not limited to, beams, trusses, studs; paneling such as dryw all or drywall laminates, fiberglassreinforced plastic, plywood, particle board, insulation boa rd, pre-decorated hardboard and tile board; ceiling and ac oustical tile; molding; fixtures;
countertops or countertop laminates; cove or wall bases; and flooring or subflooring; or

(B) Floor or wall coverings that include , but are not limited to, wood or simulated wood covering; carpet; carpet pad or cush ion; vinyl-backed carpet; flexible flooring material; non-resilien t flooring material; mirror tiles and other types of tiles; and artificial grass.

(34) “Consumer” means any person who purchas es or acquires any consumer product for personal, family, household or institutional us e. A person acquiring a consumer product for resale is not a “consumer” for that product.

(35) “Consumer product” means a chemically formulated product used by household and institutional consumers including, but not limited to, antiperspirants; detergents; deodorants; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn and garden products; disinfectants; sa nitizers; aerosol paints; or auto motive specialty products. Other paint products, furniture coatings or architect ural coatings are not “consumer products.”

(36) “Contact adhesive” means an adhesive that:

(A) Is designed for application to two surfaces to be bonded together;

(B) Is designed to dry before the two surfaces are placed in contact with each other;

(C) Forms an immediate bond that is impossi ble, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other;

(D) Does not need sustained pressure or clamping of surfaces after the adhesivecoated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces;

(E) Is not a rubber cement primarily in tended for use on paper substrates; and

(F) Is not a vulcanizing fluid de signed and labeled for tire repair.

(37) “Contact adhesive -- general purpose” means any contact adhe sive that is not a "contact adhesive -- special purpose."

(38) “Contact adhesive -- special purpose” means a contact adhesive that is either:

(A) Used to bond melamine-covered boa rd, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyeth ylene, rubber, high pressure laminate
or wood veneer 1/16 inch or less in th ickness to any porous or nonporous surface, and is sold in units of product, less pack aging, that contain mo re than eight fluid

ounces; orR-39 REV. 1/77 STATE OF CONNECTICUT Page 11 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 5

(B) Used in automotive applications that are either automotive under-the-hood applications requiring heat, oil or gasoline resistance, or body-side molding, automotive weatherstrip or decorative trim.

(39) “Container” or “packaging” means the part or parts of a consumer or institutional product that serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically
formulated substance or mixture of substan ces that accomplish the purpose or purposes for which the product is designed or intended, and in cludes any article onto or into which the principal display panel and other accompanying lite rature or graphics are incorporated, etched, printed or attached.

(40) “Crawling bug insecticide” means any insec ticide product that is de signed for use against ants, cockroaches or other household crawling arthropods including, but not limited to, mites, silverfish or spiders, and ex cluding any house dust mite product or any product designed to be used exclusively on humans or animals. Fo r the purposes of this definition only:

(A) “House dust mite” means a Pyroglyphidaean mite that feeds primarily on skin cells shed in the home by humans and pets; and

(B) “House dust mite product” means a product whose label, packaging or accompanying literature states that the product is suitable for use against house
dust mites but does not indicate that the product is suitable for use against ants,
cockroaches or other hous ehold crawling arthropods.

(41) “Date-code” means the day, month a nd year on which a consumer product is manufactured, filled or packaged or a code indicating such a date.

(42) “Deodorant” means any pr oduct including, but not limited to, an aerosol, roll-on, stick, pump, pad, cream or squeeze-bottle, that is intende d by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria that cause the decomposition of perspiration.

(43) “Device” means any instrument or contri vance, other than a firearm, designed for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life other than humans and bacteria, viruses or other microorganisms on or in living humans or other living animals; but “device” does not include eq uipment used to apply pesticides if such pesticides are sold separately from the device.

(44) “Disinfectant” means any product intended to destroy or in activate infectious or other undesirable bacteria, pathogenic fungi or viruse s on surfaces or inanimate objects and for which the label is registered under FIFRA. “Disinfectant” does not include products:

(A) Designed solely for use on human or animals;

(B) Designed for agricultural use;

(C) Designed solely for use in swimming pool s, therapeutic tubs or hot tubs; or

(D) As indicated on the principal display pane l or label, designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cl eaners, toilet bowl cleaners or metal polishes.

(45) “Distributor” means any person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commer ce, except that manufacturers, retailers and
consumers are not “distributors.”R-39 REV. 1/77 STATE OF CONNECTICUT Page 12 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 5

(46) “Double-phase aerosol air freshener” means an aerosol air freshener with the liquid contents in two or more distinct phases that requ ires the product container be shaken before use to mix the phases, producing an emulsion.

(47) “Dry cleaning fluid” means any non-a queous liquid product designed and labeled exclusively for use on fabrics that are labeled “d ry clean only” or that are S-coded fabrics and includes, but is not limited to, those products used by commercial dry cl eaners and commercial businesses that clean fabrics such as draperies at the customer’s residence or work place. “Dry cleaning fluid” does not incl ude spot remover or carpet and upholstery cleaner.

(48) “Dusting aid” means a product designed for use with a mop, rag or other dusting device to assist in removing dust and ot her soils from floors and other su rfaces without leaving a wax or silicone based coating and does not include products that consist entirely of compressed gases for use in electronic or other specialty areas.

(49) “Electrical cleaner” means a product labeled to remove heavy soils such as grease, grime or oil from electrical equipment such as electric motors, armatures, relays, electric panels or generators. “Electrical cleaner ” does not include general purpo se cleaner, general purpose degreaser, dusting aid, electronic cl eaner, energized electrical cleaner, pressurized gas duster, engine degreaser, anti-static pr oduct or products designed to clean the casings or housings of electrical equipment.

(50) “Electronic cleaner” means a product labeled for the removal of dirt, moisture, dust, flux or oxides from the internal components of electronic or precision equipm ent such as circuit boards, and the internal components of electroni c devices such as radios, compact disc (CD) players, digital video disc (DVD) players and co mputers. “Electronic cl eaner” does not include general purpose cleaner, genera l purpose degreaser, dusting aid, pressurized gas duster, engine degreaser, electrical cleaner, ener gized electrical cleaner, anti-sta tic product or products designed to clean the casings or housi ngs of electronic equipment.

(51) “Energized electrical cl eaner” means a product that meet s both of the following criteria: (1) the product is labeled to cl ean or degrease electrical equipment, where cleaning or degreasing is accomplished when electrical current exists, or when there is a residua l electrical potential from a component, such as a capacitor; and (2) th e product label clearly di splays the statements:

“ Energized equipment use only. Not to be used for motorized vehicle maintenance or their parts .” “Energized electrical cleaner ” does not include electronic cleaner.

(52) “Engine degreaser” means a cleaning produc t designed to remove gr ease, grime, oil and
other contaminants from the external surface s of engines and other mechanical parts.

(53) “Fabric protectant” means a product designed to be applied to fabric substrates to protect the surface from soiling or to reduce absorption of liquid into the fabric's fibers. “Fabric protectant” does not include a pr oduct labeled for use as a wate rproofer, a product designed for use solely on leather or a product designed for us e solely on fabrics that are labeled “dry clean only” and sold in containers of ten fluid ounces or less.

(54) "Fabric refresher" means a product labeled to neutralize or eliminate odors on nonlaundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing or on household furniture or objects upholstered or covere d with fabrics such as, but not limited to, wool, cotton or nylon.
“Fabric refresher” does not in clude anti-static product, carp et and upholstery cleaner, soft household surface sanitizers, footwear or leather care product, spot remover or disinfectant, or products labeled for application on both fabric and human skin. For the purposes of this definition only, “soft household surface saniti zer” means a product labeled to neutralize or
eliminate odors on the surfaces listed in this defi nition and for which the label is registered as a
sanitizer under FIFRA.R-39 REV. 1/77 STATE OF CONNECTICUT Page 13 of 53 pages 

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Sec. 5

(55) “Facial cleaner or soap” means a cleaner or soap designed primarily to clean the face and includes, but is not limited to, facial cleansing creams, semi-solid s, liquids, lotions and substrateimpregnated forms; and excludes prescription dr ug products, antimicrobial hand or body cleaner or soap, astringent, toner, ge neral-use hand or body cleaner or soap, medicated astringent, medicated toner or rubbing alcohol.

(56) “Fat wood” means pieces of wood kindling w ith high levels of sap or resin that enhance ignition of the kindling, and excludes any ki ndling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.

(57) “FDA” means the United Stat es Food and Drug Administration.

(58) “FIFRA” means the Federal Insecticide, Fungicide and Rode nticide Act, 7 USC sections 136 et. seq.

(59) “Flea and tick insec ticide” means any insecticide product that is designed for use against fleas, ticks, their larvae or their eggs, excl usive of products designe d for use exclusively on humans or animals and their bedding.

(60) “Flexible flooring material” means asphalt, cork, linoleum, no-wax, rubber, seamless vinyl or vinyl composite flooring.

(61) "Floor coating" means an opaque coating th at is labeled and desi gned for application to flooring, including but not limited to, decks, porches , steps or other horizontal surfaces subject to
foot traffic.

(62) "Floor or wall covering adhesive rem over" means a product designed or labeled to remove floor or wall coverings and associated adhesive fr om the underlying substrate.

(63) “Floor polish or wax” means a wax, polis h or any other product designed to polish, protect or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished, exclus ive of spray buff products, products designed solely for the purpose of cleaning floors, floor finish strippe rs, products designed for unfinished wood floors and coatings subject to architectural coatings regulations.

(64) “Floor seam sealer” means any produc t designed and labeled exclusively for bonding, fusing, sealing or coating seams between adjoini ng pieces of installed flexible sheet flooring.

(65) “Floor wax stripper” means a product desi gned to remove natura l or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax, exclusive of aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.

(66) “Flying bug insecticide” me ans any insecticide product that is designed for use against flying insects or other flying arthropods, includi ng, but not limited to, flies, mosquitoes, moths or gnats, and excluding wasp and hornet insecticide, products that are designed to be used exclusively on humans or animals or any moth -proofing product. For the purposes of this definition only, “moth-proofing product” means a product whose label, packaging or accompanying literature indicates that the product is designed to protect fabrics from damage by
moths but does not indicate that the product is suitabl e for use against flying insects or other flying arthropods.R-39 REV. 1/77 STATE OF CONNECTICUT Page 14 of 53 pages 

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(67) "Footwear or leather care product" means any product designed or labeled to be applied
to footwear or to other leathe r articles or components, to main tain, enhance, clean, protect or modify the appearance, durability, fit or flexib ility of the footwear or leather article or component. Footwear includes both leather and non-leather foot a pparel. “Footwear or leather care product” does not include fabr ic protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/poly carbonate coating, rubber and vinyl prot ectant, fabric refresher, products solely for deodorizing or sealant products with adhesi ve properties used to create external protective layers greater than two millimeters thick.

(68) “Fragrance” means a substance or complex mixture of aroma chemicals, natural essential oils and other functional component s, the sole purpose of which is to impart an odor or scent or
to counteract a malodor.

(69) “Furniture coating” m eans any paint designed for app lication to room furnishings including, but not limited to, kitchen, bath and va nity cabinets; tables; ch airs; beds and sofas.

(70) “Furniture maintenance product” means a wax, polish, conditioner or any other product designed for the purpose of polishing, protecting or enhancing finished w ood surfaces other than
floors but does not include dusti ng aids, wood cleaners, products de signed solely for the purpose of cleaning and products designed to leave a permanent finish such as stains, sanding sealers and lacquers.

(71) "Gasket or thread lockin g adhesive remover" means a product designed or labeled to remove gaskets or thread locking adhesives. "Gasket or thread locking adhesive remover" includes products labeled for dual use as a paint stripper and gask et remover or thread locking
adhesive remover.

(72) “Gel” means a colloid in which the disp erse phase has combined with the continuous phase to produce a semisolid material, such as jelly.

(73) “General purpose adhesive” means any non-aerosol adhesive designed for use on a variety of substrates, excluding the following:

(A) Contact adhesives;

(B) Construction, panel a nd floor covering adhesives;

(C) Adhesives designed exclusively for a pplication to one specific category of substrate, such as metals, paper products, ceramics, plastics, rubbers or vinyls; or

(D) Adhesives designed exclusively for use on one specific category of articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, w eather-stripping or carpets.

(74) "General purpose adhesive remover" m eans a product designed or labeled to remove cyanoacrylate adhesives and non-r eactive adhesives or residue from a variety of substrates. “General purpose adhesive remover” does not incl ude floor or wall covering adhesive remover.

(75) “General purpose cleaner” means a product designed for general al l-purpose cleaning, in contrast to cleaning produc ts designed to clean specific substrates in certain situations. “General purpose cleaner” includes products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces and does not include general purpose degreasers and electronic cleaners.R-39 REV. 1/77 STATE OF CONNECTICUT Page 15 of 53 pages 

## REGULATION

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Sec. 5

(76) “General purpose degreaser” means any pr oduct labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates , including automotive or miscellaneous metallic parts. “General purpose degreaser” does not include engine degreaser, general purpose cleaner, adhesi ve remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish, metal cleanser , products used exclusiv ely in solvent cleaning tanks or related equipment, or products that are:

(A) Sold exclusively to establishments that manufacture or construct goods or commodities; and

(B) Labeled “ not for retail sale .”

(77) “General-use hand or body cleaner or soap” means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt a nd soils. “General-use hand or body cleaner or soap” includes, but is not lim ited to, hand or body wash, dual-purpose shampoobody cleaner, shower or bath gel and moisturizi ng cleaner or soap; and excludes prescription drug product, anti-microbial hand or body cleaner or soap, astringe nt, toner, faci al cleaner or soap, hand dishwashing detergent, anti-microbi al hand washing detergent, heavy-duty hand cleaner or soap, medicated astringent, medicated toner or rubbing alcohol.

(78) “Glass cleaner” means a cleaning product de signed primarily for cleaning surfaces made of glass and does not include products designe d solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scient ific equipment or photocopying
machines.

(79) “Graffiti remover” means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish or shoe polish from a variet y of non-cloth or non-fabric substrates. “Graffiti remover” does not include paint remover or stri pper, nail polish remover or spot remover.
“Graffiti remover” include s products labeled for dual use as both a paint stripper and graffiti

remover.

(80) “Hair mousse” means hairstyling foam desi gned to facilitate styling of a coiffure and provide holding power.

(81) “Hair shine” means any product designed for the primar y purpose of creating a shine when applied to the hair, including, but not li mited to, dual-use hair styling product, products designed primarily to impart a sh een to the hair, and excluding ha ir spray, hair mousse, hair styling gel or spray gel, or products whose primary purpose is to condition or hold the hair.

(82) “Hair spray” means a consum er product that is applied to st yled hair and is designed or labeled to provide sufficient rigidity to hold, retain or finish the style of the hair for a period of time. “Hair spray” includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter or sparkle hairsprays that make finishing claims; and products that are both a styling and finishing product. “Hair spray” does not include spray produc ts that are intended to aid in styling but do not provide finishing of a hairstyle. For the purposes of this definition, “finish” or “finishing” means the maintaining or holding of previously styl ed hair for a period of time. For the purposes of this definition, "styling" means the forming, sc ulpting or manipulation of the hair to alter temporarily the hair's shape.R-39 REV. 1/77 STATE OF CONNECTICUT Page 16 of 53 pages 

## REGULATION

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Sec. 5

(83) "Hair styling product" means a consumer product designed or labeled for the application to wet, damp or dry hair to aid in defining, shap ing, lifting, styling or sculp ting of the hair. “Hair styling product” includes, but is not limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade , putty, root lifter, serum, sp ray gel, stick, temporary hair straightener, wax, spray products th at aid in styling but do not pr ovide finishing of a hairstyle and leave-in volumizers, detanglers or conditione rs that make styling claims. “Hair styling product” does not include hair m ousse, hair shine, hair spray or shampoos or conditioners that are rinsed from the hair prior to styling. For the purposes of this definition, “finish” or “finishing” means the maintaining or holding of pr eviously styled hair for a period of time; and “styling” means the forming, sculpting or manipulati on of the hair to alter temporarily the hair's shape.

(84) “Heavy-duty hand cleaner or soap” means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, sh ellac, putty, printer’s ink, paint, graphite, cement, carbon, asphalt or adhesives from the hand with or without the use of water. “Heavy-duty hand cleaner or soap” does not include prescription drug product, anti-microbial hand or body cleaner or soap, astringent, toner, f acial cleaner or soap, general- use hand or body cleaner or soap, medicated astringent, medicated toner or rubbing alcohol.

(85) “Herbicide” means a pesticide product design ed to kill or retard a plant’s growth, but excludes a product labeled for agri cultural use and restricted mate rial requiring a permit for use and possession.

(86) “High volatility organic compound” or “HVOC” means any VOC that exerts a vapor pressure greater than 80mm Hg at 20 o C.

(87) “Household product” means any consumer product designed for use inside or outside living quarters or residences, inclusive of the immediate surr oundings, which are occupied or intended for occupation by individuals.

(88) “Insecticide” means a pesticide product that is designed for use ag ainst insects or other arthropods, but excludin g products that are:

(A) For agricultural use;

(B) For a use which requires a structural pest control license pursuant to section 22a54 of the Connecticut General Statutes; or

(C) Restricted materials that re quire a permit for use and possession.

(89) “Insecticide fogger” means a ny insecticide product designed to release all or most of its content, in the form of a fog or mist, in to indoor areas during a single application

.

(90) “Institutional product" or “industrial and inst itutional product” means a consumer product that is designed for use in the maintenance or operation of an establishment, exclusive of a household product or a product that is incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment. For the purpose of this definition, an "establishment" includes, but is not limited to, a government agency, factory, school, hospital, sanitarium, prison, restaurant, hotel, store, autom obile service and parts center, health club, theater or tr ansportation company, that:

(A) Manufactures, transports, or sells goods or commodities or provides services for profit; or

(B) Is engaged in the nonprofit promotion of a particular pub lic, educational or
charitable cause.R-39 REV. 1/77 STATE OF CONNECTICUT Page 17 of 53 pages 

## REGULATION

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Sec. 5

(91) “Label” means any written, printed, or gra phic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of br anding, identifying or giving information with respect to the product or to th e contents of the package.

(92) “Laundry prewash” means a product that is de signed for application to a fabric prior to laundering and that supplements a nd contributes to the effectiven ess of laundry detergents or provides specialized performance.

(93) “Laundry starch product” means a product th at is designed for application to a fabric, either during or after la undering, to impart and prolong a crisp l ook that may also act to help ease ironing of the fabric. “Laundry st arch product” includes, but is not limited to, fabric finish, sizing and starch.

(94) “Lawn and garden insecticide” means an in secticide product labeled primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods.

(95) “Liquid” means a substance or mixture of substances that is capable of a visually
detectable flow as determined under ASTM D-4359-90, excluding powde rs or other materials composed entirely of solid particles.

(96) “Lubricant” means a product designed to reduce friction, heat, noise or wear between moving parts, or to loosen rusted or immovabl e parts or mechanisms and excludes the following products:

(A) Automotive power steering fluids;

(B) Products for use inside power generating motors, engines, and turbines and associated power-transfer gearboxes;

(C) Two cycle oils or other products designed to be added to fuels;

(D) Products for use on the human body or animals; or

(E) Products that are both:

(i) Sold exclusively to establishments that manufacture or construct goods or commodities, and

(ii) Labeled “ not for retail sale .”

(97) “LVP-VOC” means a low vapor pressure ch emical compound or mixture that contains at
least one carbon atom and meets at least one of the following criteria:

(A) Has a vapor pressure less than 0.1 mm Hg at 20 o C;

(B) Is a chemical compound with more th an 12 carbon atoms or a chemical mixture comprised solely of compounds with more than 12 carbon atoms, and the vapor pressure and boiling point are unknown;

(C) Is a chemical compound with a boiling point greater than 216 o C; or

(D) Is the weight percent of a ch emical mixture that boils above 216 o C.R-39 REV. 1/77 STATE OF CONNECTICUT Page 18 of 53 pages 

## REGULATION

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Sec. 5

For the purposes of this definition, "chemical co mpound" means a molecule of definite chemical formula and isomeric structure, and "chemical mi xture" means a substrate comprised of two or more chemical compounds.

(98) “Manufacturer” means any person who im ports, manufactures, assembles, produces, packages, repackages or re -labels a consumer product.

(99) “Medicated astringent” or “medicated toner” means any product regulated as a drug by the FDA that is applied to the skin for the purpo se of cleaning or tightening pores, and includes, but is not limited to, clarifiers and substrate-impregnated produc ts. “Medicated astringent” or “medicated toner” does not include hand, face, or body cleaner or soap products, astringent or toner, cold cream, lotion, antiperspirants or pr oducts that must be pur chased with a doctor’s prescription.

(100) “Medium volatility organic compound” or “MVOC” means any volatile organic compound that exerts a vapor pressu re greater than 2 mm Hg and less than or equal to 80 mm Hg
when measured at 20 o C.

(101) “Metal polish/cleanser” means any product desi gned to use physical or chemical action to remove or reduce stains, impurities or oxidation from surfaces or to make surfaces smooth and shiny on finished metal, metallic or metallized su rfaces. “Metal polish/cleanser” includes, but is not limited to, metal polishes used on brass, s ilver, chrome, copper, st ainless steel and other
ornamental metals and does not include: automoti ve wax, polish, sealant or glaze; wheel cleaner; paint remover or stripper; products designed and labeled exclusively for automotive and marine detailing; or products designe d for use in degreasing tanks.

(102) “Mist spray adhesive” mean s any aerosol adhesive that is not a special purpose spray adhesive and that delivers a partic le or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesi ve to the substrate.

(103) “Multi-purpose dry lubricant” means any lubricant that is:

(A) Designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide (“moly”), or polytet rafluoroethylene or closely related fluoropolymer (“Teflon”) on surfaces; and

(B) Designed for general purpose lubrica tion, or for use in a wide variety of applications.

(104) “Multi

- purpose lubricant” means a ny lubricant designed for ge neral purpose lubrication or for use in a wide variety of applications , exclusive of any multi -purpose dry lubricant, penetrant or silicone-based multi-purpose lubricant.

(105) “Multi-purpose solvent” means any organi c liquid designed to be used for a variety of purposes, including cleaning or degreasing of a vari ety of substrates, or thinning, dispersing or dissolving other organic materials, including solvents us ed in institutional facilities, except for laboratory reagents used in analy tical, educational, research, scie ntific or other laboratories. “Multi-purpose solvents” do not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manufact ure or construction of, the goods or commodities at the site of
the establishment.R-39 REV. 1/77 STATE OF CONNECTICUT Page 19 of 53 pages 

## REGULATION

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Sec. 5

(106) “Nail polish” means any clear or colo red coating designed for application to the fingernails or toenails and incl uding, but not limited to, lacquers , enamels, acrylics, base coats and top coats.

(107) “Nail polish remover” mean s a product designed to remove nail polish and coatings from fingernails or toenails.

(108) “Non-aerosol product” means any cons umer product that is not dispensed by a pressurized spray system.

(109) “Non-carbon containing compound” mean s any compound that does not contain carbon

atoms.

(110) “Non-resilient flooring” mean s flooring of a mineral content th at is not flexible, including terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.

(111) “Non-selective terrestrial herbicide” means a herbicide produ ct that is intended for use on land and is toxic to plants without regard to species.

(112) "NYCRR" means the Official Compilation of Codes, Rules and Regulations of the State
of New York.

(113) "NYSDEC" means the New York State Department of Environmental Conservation.

(114) “Oven cleaner” means a ny cleaning product designed to clean by removing dried food and other deposits from oven interiors.

(115) “Paint” means any pigmented liquid, li quefiable or mastic composition designed for application to a substrate in a thin layer, wh ich is converted to an opaque solid film after application and is used for protection, decoratio n or identification, or to serve some functional purpose such as the filling or concealing of surf ace irregularities or the modification of light and
heat radiation characteristics.

(116) “Paint remover or stripper” means any produc t designed to strip or remove paints or other related coatings, by chemical action, from a substr ate without markedly affecting the substrate.
“Paint remover or stri pper” does not include:

(A) Multi-purpose solvents;

(B) Paint brush cleaners;

(C) Products designed and labeled ex clusively to remove graffiti; or

(D) Hand cleaner products that claim to rem ove paints and other related coating from
skin.

(117) “Penetrant” means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rus ting, oxidation or other causes.

(118) “Pesticide” means any substance or mixture of substances labeled, designed or intended for use in preventing, destroying, repelling or mitigating any pest; or any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator; and excluding any substance, mixture of substances or device that the United States Environmental Protection Agency does not consider a pesticide.R-39 REV. 1/77 STATE OF CONNECTICUT Page 20 of 53 pages 

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(119) "Pressurized gas duster" means a pressurized product labeled to remove dust from a surface solely by means of mass air or gas fl ow, including surfaces such as photographs, photographic film negatives, computer keyboards a nd other types of surfaces that cannot be cleaned with solvents. “Pressurized gas duster” does not include dusting aids.

(120) “Principal display panel” means that part, or those part s, of a product label appearing once or more on a container or packaging that is designed for display to, examination by or presentation to a potential consumer under nor mal and customary conditions of display or purchase.

(121) “Product brand name” m eans the name of the product exactly as it appears on the principal display panel of the product.

(122) “Product form” means the form that mo st accurately describes a products’ dispensing form, including aerosols, solids, semi-solids, liquids and pump sprays.

(123) “Propellant” means a liquefied or compressed gas that is used in whole or in part, such as a co-solvent, to expel a liquid or any other materi al from the same self-pressurized container or from a separate container.

(124) “Pump spray” means a packaging system in which the product in gredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

(125) “Responsible party” means the company, firm or establishment that is listed on a product's label. If the label lists more than one company, firm or establishment, the responsible party is the party that the produc t was “manufactured for” or “distributed by,” as noted on the
label.

(126) “Restricted materials” means pesticides classified for “restr icted use” pursuant to

FIFRA.

(127) “Retailer” means any person who sells, s upplies or offers consumer products for sale directly to consumers.

(128) “Retail outlet” means any establishment at which consumer products are sold, supplied or offered for sale directly to consumers.

(129) “Roll-on product” means any antiperspira nt or deodorant dispensed by rolling a wetted ball or wetted cylinder on the affected area.

(130) “Rubber and vinyl protectant” means any pr oduct designed to protect, preserve or renew vinyl, rubber and plastic on motor vehicles, tires, luggage, furniture or household products such as vinyl covers, clothing and accessories. “R ubber and vinyl protectant” does not include products primarily designed to clean a motor vehicle wheel rim, such as aluminum or magnesium wheel cleaners, or tire cleaners that do not leave an appearance-enhancing or protective substance on the tire.

(131) “Rubbing alcohol” means any product contai ning isopropyl alcohol or denatured ethanol and labeled for topical use, usuall y to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient or for massage.

(132) “S-coded fabric” means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Jo int Industry Fabric Standards and Guidelines
Committee.R-39 REV. 1/77 STATE OF CONNECTICUT Page 21 of 53 pages 

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(133) “Sealant and caulking com pound” means any product with ad hesive properties that is designed to fill, seal, waterproof or weatherp roof gaps or joints between two surfaces, and excluding the following products:

(A) Roof cements a nd roof sealants;

(B) Insulating foams;

(C) Removable caulking compounds, which, fo r the purposes of this subdivision, means a compound that temporarily seals wi ndows or doors for three to six month time intervals;

(D) Clear/paintable/water resistant caulking compound, which, for the purposes of this subdivision, means a compound that c ontains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application;

(E) Floor seam sealers;

(F) Products designed exclusively for automotive uses;

(G) Sealers that are applied as continuous coatings; or

(H) Products sold in units that weigh more than one pound and consist of more than
sixteen fluid ounces.

(134) “Semisolid” means a product that, at room temperature, will not pour but will spread or deform easily, such as gels, pastes and greases.

(135) “Shaving cream” means an aerosol product th at dispenses foam lather intended for use with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other bodily hair. “Shaving cream” doe s not include shaving gel.

(136) “Shaving gel” means an aerosol produc t that dispenses a post-foaming semi-solid designed to be used with a blade, cartridge razor or other wet-sh aving system in the removal of facial or other body hair. “Shaving gel” does not include shaving cream.

(137) “Silicone-based multi-purpose lubricant” means any lubricant that is not a product designed and labeled exclusivel y to release manufactured products from molds and that is designed and labeled as follows:

(A) To provide lubricity primarily thro ugh the use of silicone compounds including, but not limited to, polydimethylsiloxane; and

(B) For general purpose lubrication, or for us e in a wide variety of applications.

(138) “Single-phase aerosol air freshener” means an aerosol air freshener with the liquid contents in a single homogeneous phase that doe s not require that the product container be
shaken before use.

(139) “Solid” means a substance or mixture of s ubstances that, either w hole or subdivided as in the case of particles comprising a powder, is not capable of vi sually detectable flow as
determined under ASTM D-4359-90.R-39 REV. 1/77 STATE OF CONNECTICUT Page 22 of 53 pages 

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(140) “Solvent cleaning tanks or related equipment” means, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines or products designed to clean miscellaneous metallic parts by immersion in a container.

(141) “Special purpose spray adhesive” means any of the aerosol adhesives identified in subparagraphs (A) through (G) of this subdivision:

(A) Mounting adhesive, an aerosol adhesive designed to mount photographs, artwork and any other drawn or printed media permanently to a backing without causing discoloration to the artwork;

(B) Automotive engine compartment adhesive , an aerosol adhesive designed for use in motor vehicle under-the-hood applicatio ns that require oil and plasticizer resistance as well as high shear strength at temperatures of 200 to 275 degrees F;

(C) Flexible vinyl adhesive, an aerosol adhesive designed to bond a nonrigid polyvinyl chloride plastic w ith at least five percent, by weight, of plasticizer content to substrates;

(D) Polystyrene foam adhesive, an aeros ol adhesive designe d to bond polystyrene foam to substrates;

(E) Automotive headliner adhesive, an ae rosol adhesive designed to bond together layers in motor vehicle headliners;

(F) Polyolefin adhesive, an aerosol adhesive designed to bond polyolefins to substrates; and

(G) Laminate repair or edgebanding adhesi ve, an aerosol adhesive designed for:

(i) Touch-up or repair of items lamina ted with sheet materials consisting of a core material that has been laminated at temperatures exceeding 265 degrees F, and at pressures between 1,000 and 1,400 psi, or

(ii) Touch-up, repair or attachment of edgebanding materials, including but not limited to, other laminates, synt hetic marble, veneers, wood molding
and decorative metals.

(142) “Specialty adhesive remover” means a product designed to remove reactive adhesives from a variety of substrates. For the purposes of this definition, “reactive adhesives” include adhesives that require a harden er or catalyst for the bond to be formed, epoxies, urethanes and silicones. “Specialty adhesive remover” does not include gasket or thread locking adhesive

remover.

(143) “Spot remover” means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fabr ic that does not require subseque nt laundering to achieve stain removal. “Spot remover” does not include dry cleaning fluid, laundry pre-wash or multi-purpose
solvent.

(144) “Spray buff product” means a product desi gned to restore a worn floor finish in conjunction with a floor buffi ng machine and special pad.

(145) “Stick product” means any an tiperspirant or deodor ant that contains act ive ingredients in a solid matrix form and that dispenses the activ e ingredients by frictional action on the affected

area.R-39 REV. 1/77 STATE OF CONNECTICUT Page 23 of 53 pages 

## REGULATION

OF

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Environmental Protection
Sec. 5

(146) “Structural waterproof adhe sive” means an adhesive with bon d lines that are resistant to
conditions of continuous immersion in fresh or salt water and that c onforms with Federal Specification MMM-A-181D (Type 1, Grade A).

(147) “Tire sealant and inflator” means any pre ssurized product that is designed to inflate and seal a leaking tire for a short period of time.

(148) “Toilet/urinal care product" means any pr oduct designed or labeled to clean or deodorize toilet bowls, toilet tanks or urinals. For the pur pose of this definition, “toilet bowls, toilet tanks and urinals” include, but are not limited to, toilets or urinals conn ected to permanent plumbing in buildings and other structures, port able toilets or urinals placed at temporary or remote locations
and toilets or urinals in vehicles such as buses, recreational motor homes, boats, ships and aircraft. Bathroom and tile cleaner and general purpose cleaner are not considered “toilet/urinal care products.”

(149) “Undercoating” means any aerosol produc t including, but not limited to, a rubberized, mastic or asphaltic product designed to impart a protective, non-paint laye r to the undercarriage,
trunk interior or the firewall of motor vehicles to prevent the fo rmation of rust or to deaden
sound.

(150) “Vinyl/fabric/leather/po lycarbonate coating” means a coating designed and labeled exclusively to coat vinyl, fabric, leather or polycarbonate substrates.

(151) “VOC content” means the total weight of volatile organic components in a product expressed as a percentage of the product weight exclusive of the container or packaging.

(152) “Wasp and hornet insecticide” means any in secticide product that is designed for use against wasps, hornets, yellow jackets or bees and that allows the user to spray from a distance a
directed stream or burst at the inte nded insects or their hiding place.

(153) “Waterproofer” means a product that is not a fabric protectant a nd that is designed and labeled exclusively to repel water from fabric or leather substrates.

(154) “Wax” means a material or synthetic thermoplastic substa nce generally co mposed of high molecular weight hydrocarbons or high molecular wei ght esters of fatty acids or alcohols, except glycerol, high polymers or plastics, including, but not limited to, substances derived from the secretions of plants and animals such as car nuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin and synthetic polymers such as polyethylene.

(155) “Web spray adhesive” mean s any aerosol adhesive that is not a mist spray or special purpose spray adhesive.

(156) "Wood cleaner" means a product labeled to clean wooden materi als including but not limited to decking, fences, flooring, logs, cabinet ry and furniture. “Wood cleaner” does not include dusting aid, general purpose cleaner, furn iture maintenance product, floor wax stripper, floor polish or wax or products designed and la beled exclusively to pr eserve or color wood.

(157) “Wood floor wax” means a wax-base d product for use solely on wood floors.

(b) Applicability.

Except as provided in subsection (c ) of this section, th is section applies to any person who, on or after January 1, 2009, sells, supplies, offers for sale or manufactu res for sale in the state of Connecticut any consumer product for use in the state of Connecticut.R-39 REV. 1/77 STATE OF CONNECTICUT Page 24 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 5

(c) Exemptions.

(1) This section shall not apply to any cons umer product manufactured in Connecticut for shipment, sale and use outside of Connecticut.

(2) This section shall not apply to a manufacturer or distributor who se lls, supplies or offers for sale in Connecticut a consumer product that does not comply with the VOC content limits specified in Table 40-1 of this section provided that such manufact urer or distri butor makes and keeps records demonstrating:

(A) The consumer product is intended for sh ipment and use outside of Connecticut;
and

(B) The manufacturer or dist ributor has taken reasonable precautions to assure that the consumer product is not distribu ted to or within Connecticut.

(3) Subdivision (2) of this subsection shall not apply to a consumer product that is sold, supplied or offered for sale by any person to a retail outlet in Connecticut.

(4) This section shall not apply to any produc t for which the manufactur er obtains one of the following variances, provided that any manufact urer who claims exemption pursuant to this subdivision shall possess and submit to the co mmissioner, upon request therefor, a copy of the applicable underlying variance decision:

(A) A variance issued by the NYSDEC purs uant to 6 NYCRR 23 5-8.1, for the period of time such variance is in effect; or

(B) A variance issued by CARB pursuan t to 17 CCR 94514, for the period of time
such variance is in effect.

(5) This section shall not appl y to any product for which the manufacturer is granted one of the following exemptions, provided the consumer product sold in Connecticut meets all product
conditions attached to the grant of the exemption:

(A) An exemption by CARB pursuant to the Innovative Products provisions of 17 CCR 94511 or 17 CCR 94503.5 for the period of time the CARB Innovative Products exemption remains in effect; or

(B) An exemption by the NYSDEC pursuant to the Innovative Products provisions of 6 NYCRR 235-5.1 for the period of time the NYSDEC Innovative Products exemption remains in effect.

(6) Any manufacturer who claims an exemp tion pursuant to subdivision (5) of this subsection shall submit to the commissioner, upon request therefor, a copy of the applicable CARB or NYSDEC exemption decision.

(7) This section shall not appl y to any manufacturer for any produ ct that is subject to one of the ACP agreements identified below, provide d that the manufacturer complies with all conditions applicable to the underlying ACP agreement:

(A) Exempt by NYSDEC pursuant to the ACP requirements of 6 NYCRR 235-11.1 for the period of time the underlying AC P agreement remains in effect. Any manufacturer who claims exemption pursuan t to this subparagraph shall submit to the commissioner and the Administrator, upon request therefor, a copy of the applicable ACP agreement; orR-39 REV. 1/77 STATE OF CONNECTICUT Page 25 of 53 pages 

## REGULATION

OF

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Environmental Protection
Sec. 5

(B) Exempt by CARB pursuant to the ACP requirements of 17 CCR 94511 for the period of time the underlying ACP agreement remains in effect. Any manufacturer who claims exemption pursuan t to this subparagraph shall submit to the commissioner and the Administrator, upon request therefor, a copy of the applicable ACP agreement.

(8) The VOC content limits specified for antipersp irants or deodorants in Table 40-1 of this section shall not apply to the following:

(A) Colorants up to a combined level of two percent by weight contained in any antiperspirant or deodorant,

(B) Those VOCs that contain more than te n carbon atoms per molecule and for which the vapor pressure is unknown, or that ha ve a vapor pressure of 2 mm Hg or less at 20°C, and

(C) The MVOC content limit s shall not apply to ethanol.

(9) The VOC content limits specified in Tabl e 40-1 of this section shall not apply to fragrances up to a combined level of two percen t by weight contained in any consumer product.

(10) The VOC content limits specified in Tabl e 40-1 of this section shall not apply to any
LVP-VOC.

(11) For consumer products registered under FIFRA:

(A) The requirements of subsection (e) of this section shall not apply; and

(B) Prior to January 1, 2010, the VOC conten t limits of this se ction and additional requirements in subsection (d) shall not apply.

(12) The VOC content limits specified in Tabl e 40-1 of this section shall not apply to air fresheners that are comprised entirely of fragran ce, less compounds not defined as VOCs or exempted under subdivision (10) of this subsection.

(13) The VOC content limits sp ecified in Table 40-1 of this section shall not apply to air fresheners and insecticides containing at least 98 percent pa radichlorobenzene.

(14) The VOC content limits specified in Table 40-1 of this section shall not apply to
adhesives sold in containers of one fluid ounce or less.

(15) The VOC content limits sp ecified in Table 40-1 of this section shall not apply to bait
station insecticides.

(16) The requirements of this section shall not apply to:

(A) Contact adhesives sold in units of product, less packaging, of more than one gallon; or

(B) Construction, panel and floor coveri ng adhesives and general purpose adhesives sold in units of product, less packaging, of more than one pound or sixteen (16)
fluid ounces.

(17) The requirements of this s ection shall not apply to a consum er product that is distributed or transferred by a branch of the United States military to, from or within a premises operated by that branch of the United States military.R-39 REV. 1/77 STATE OF CONNECTICUT Page 26 of 53 pages 

## REGULATION

OF

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Environmental Protection
Sec. 5

(d) Standards.

(1) Except as provided in subsect ion (c) of this sec tion, no person shall sell, supply or offer
for sale in the state of Conn ecticut any consumer product manuf actured on or after January 1, 2009 or, on or after January 1, 2009, manufacture for sale in th e state of Connecticut any consumer product, unless such consumer produc t complies with the applicable VOC content limits specified in Table 40-1 of this sect ion and the requirements of this subsection.

(2) For consumer products that are diluted prior to use, the VOC content limits in Table 40-1 shall apply as follows:

(A) If the label, packaging or accompanying literature specify that the product should
be diluted with water or non-VOC solvent prior to use, the VOC content limits specified in Table 40-1 shall apply to the product only after the minimum recommended dilution has taken place;

(B) If the label, packaging or accompanying literature specify that the product should be diluted with any VOC solvent prior to use, the VOC content limits specified in Table 40-1 shall apply to the product only after the maximum recommended dilution has taken place; and

(C) For the purposes of this subdivision, “m inimum recommended dilution” shall not
include recommendations for incidental us e of a concentrated product for limited special applications such as hard-to-remove soils or stains.

(3) No person shall sell, supply or offer fo r sale in Connecticut after January 1, 2009 any charcoal lighter material product unless at th e time of the transaction, such person possesses documentation showing that such product has been issued a currently e ffective certification by the CARB pursuant to 17 CCR 94509(h).

(4) No person shall sell, supply, offer for sale or manufacture for use in Connecticut after January 1, 2009 any aerosol adhesive that exceeds the VOC content limits in Table 40-1 of this section for consumer, industrial and commercial uses or that contains methylene chloride, perchloroethylene or trichloroethyl ene. If an aerosol adhesive:

(A) Is sold as a special purpose spray adhe sive, the product label shall indicate that the adhesive is suitable only for substr ates and applications identified in the definition of special purpose spray adhesive in subsection (a) of this section. If the product label indicates that the adhesive is suitable for use on any substrate or application that is not identified in defin ition of special purpose spray adhesive in subsection (a) of this secti on, then the product shall be cl assified as either a web spray adhesive or a mist spray adhesive; and

(B) Meets more than one of the classificati ons for a special purpose spray adhesive as defined in subsection (a) of this section, and the product is not classified as a web spray adhesive or a mist spray adhesive pursuant to subparagraph (A) of this subdivision, then the VOC content limit for the product shall be the lowest applicable VOC content limit specified in Table 40-1.

(5) No person shall sell, supply, offer for sale or manufacture for use in Connecticut after January 1, 2009 any contact adhesi ve, electronic cleaner, footwear or leather care product, general purpose degreaser, adhesive remover, elect rical cleaner or graffiti remover that contains methylene chloride, perchloroethylene or trichlor oethylene, except to the extent such compounds are present as impurities in a combined am ount less than or equal to 0.01% by weight.R-39 REV. 1/77 STATE OF CONNECTICUT Page 27 of 53 pages 

## REGULATION

OF

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Environmental Protection
Sec. 5

(6) No person shall sell, supply, offer for sa le or manufacture for use in Connecticut any consumer product for which a standard is specifie d in subdivision (1) of this subsection if such consumer product contains any of the ozone de pleting compounds listed in Table 40-2 of this section, except as follows:

(A) An existing product formulation that complies with the applicable VOC content
limits in Table 40-1 of this section or an existing product formulation that is reformulated to meet the applicable VOC content limits in Table 40-1, provided the ozone depleting compound content of the reformulated product does not increase; or

(B) A consumer product in which oz one depleting compounds are present as impurities in an amount equal to or less than 0.01% by weight of the product.

(7) No person shall sell, supply, offer for sale or manufacture for sale in Connecticut any antiperspirant or deodorant that contains any compound that has been id entified by CARB in 17
CCR 93000 as a toxic air contaminant.

(8) No person shall sell, supply, offer for sa le or manufacture for use in Connecticut any
solid air freshener or toilet/u rinal care product that contains para-dichlorobenzene.

(9) If a representation is made on the disp lay panel of any consumer product, except a general purpose cleaner, an antip erspirant or a deodorant product, that the product may be used as, or, is suitable for use as, a consumer product for which a lower VOC standard is specified in Table 40-1 of this section, then the lowest VOC standard shall apply.

(10) To determine whether a product is an air fr eshener, all verbal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The presence of, and repres entations about, a product' s fragrance and ability to deodorize resulting from surface application sha ll not constitute a claim of air freshening.

(e) Container labeling.

(1) Each manufacturer of a consumer product s ubject to subsection (d) of this section shall clearly display on each consumer product containe r or package, the date on which the product was manufactured or a code indicating such date, as follows:

(A) The date or date-code information sh all be readily observable on the container without disassembling the cont ainer or packaging; and

(B) The date or date-code shall be disp layed on each consumer product container or package no later than January 1, 2008.

(2) No person shall erase, alter, deface or ot herwise remove or make illegible any date or date-code from any regulated produc t container prior to final sa le of the product without the express authorization of the manufacturer. The requirements of this subdivision shall not apply to products containing no VOCs or cont aining VOCs at 0.10% by weight or less.

(3) If a manufacturer uses a code indicating the date of manufacture for any consumer product subject to subsection (d) of this section, an explan ation of the code must be available to the commissioner upon request no later than January 1, 2008.

(4) On and after January 1, 2009, the product container for any aerosol adhesive product subject to this section shall display the following information:R-39 REV. 1/77 STATE OF CONNECTICUT Page 28 of 53 pages 

## REGULATION

OF

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Environmental Protection
Sec. 5

(A) The aerosol adhesive category as specifie d in Table 40-1 or an abbreviation of the
category;

(B) The applicable VOC standard for the product that is specified in Table 40-1, expressed as a percent by weight; and

(C) If the product is classified as a sp ecial purpose spray adhesive, the applicable substrate, the application or an abbreviation of the subs trate or application that qualifies the product as special purpose.

(5) On and after January 1, 2009, no personal shall sell, supply, offer for sale or manufacture for sale in Connecticut any non-aerosol floor wa x stripper subject to this section unless the following requirements are met:

(A) The label shall specify a dilution ratio for light or medium build-up of polish that
results in an as-used VOC concentration of three percent (3%) by weight or less, but the terms “light build-up” and “med ium build-up” may or may not appear on the label; and

(B) If intended for removal of heavy bui ld-up of polish, the label shall specify a dilution ratio for heavy build-up of po lish that results in an as-used VOC concentration of twelve pe rcent (12%) by weight or less, but the term “heavy build-up” may or may not appear on the label.

(6) On and after January 1, 2009, the product c ontainer for any adhesive remover, electronic cleaner, electrical cleaner or c ontact adhesive product subject to this section shall display the following information:

(A) The product category as specified in Table 40-1 or an abbreviation of the category; and

(B) The applicable VOC standard for the product that is specified in Table 40-1, expressed as a percent by weight.

(f) Compliance procedures and testing.

(1) Any person who sells, supplies, offers for sale or manufactures a consumer product on or after January 1, 2009 for sale in Connecticut sh all possess documentation that such consumer product was tested to determine compliance with the a pplicable VOC content limits in Table 40- 1 of this section prior to being o ffered for sale in Connecticut.

(2) Testing as required by subdivision (1) of this subsection sh all use one of the following
test methods:

(A) CARB Method 310, Determination of Volatile Organic Compound (VOC) in Consumer Products, as adopted by CARB on September 25, 1997, and as in effect on the effective date of this section;

(B) Product formulation and records pursuant to subdivision (3) of this subsection;

(C) An alternative method approved by the NYSDEC pursuant to 6 NYCRR 235-9.1
as in effect on the effective date of this section; or

(D) An alternative method approved by the commissioner that accurately determines
the concentration of VOCs in a c onsumer product or its emissions.R-39 REV. 1/77 STATE OF CONNECTICUT Page 29 of 53 pages 

## REGULATION

OF

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Environmental Protection
Sec. 5

(3) VOC content calculated fr om product formulation and records shall use the following equation:

VOC Content = B-C x 100

A

Where: A = total weight of unit (excl uding container and packaging). B = total weight of all VOCs per unit. C = total weight of VOCs exempt ed by this section, per unit.

(4) If a compliance determination made using product records pursuant to subdivision (2)(B) of this subsection appears to demonstrate co mpliance with the VOC content limits, but such determination is contradicted by product testing performed pursuant to subdivision (2)(A) of this subsection, the results of the demonstration ma de pursuant to subdivision (2)(A) shall take precedence over the demonstration made pursuant to subdivision (2)(B) and may be used to establish a violation of the requirements of this section.

(5) If any consumer product testing in accorda nce with this subsecti on requires determination of whether a product is a liquid or a solid, the determination shall be made using ASTM D4359- 90, May 25, 1990.

(6) Any flexible vinyl adhesi ve determination of plasticizer shall be made using ASTM
E260-96 “Standard Practice for Packed Column Gas Chromotography,” as re-approved in 2001.

(7) Testing to determine compliance with the ce rtification requirements for charcoal lighter material shall be performed using the procedur es specified in the South Coast Air Quality Management District Rule 1174 Ignition Me thod Compliance Certification Protocol.

(8) Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D 86-90, September 28, 1990.

(9) The following methods shall be used, as n ecessary, to determine if a chemical compound
or mixture satisfies one of the criteria as a “LVP-VOC” as defi ned in subsection (a) of this
section:

(A) CARB Method 310, as adopted by CARB on September 25, 1997 and as in effect
on the effective date of this section, shall be used to determine the vapor pressure or boiling point; and

(B) The number of carbon atoms shall be verifiable by formulation data.

(g) Record keeping.

(1) Any person who on or after January 1, 2009 sells, supplies, offers for sale or manufactures for sale in Connecticut any consumer product shall maintain records of the information necessary for the commissioner to determine compliance with the requirements of
this section.

(2) The commissioner may make a compliance determination for a product pursuant to subsection (f)(2)(B) of this section only if the manufacturer of that pr oduct maintains accurate records for each day of production of the amount and chemical composition of the individual product constituents.

(3) All records made to demonstrate compliance with the requirements of this section shall
be:R-39 REV. 1/77 STATE OF CONNECTICUT Page 30 of 53 pages 

## REGULATION

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Environmental Protection
Sec. 5

(A) Made available to th e commissioner and the Administrator to inspect and copy upon request; and

(B) Maintained for five (5) years fr om the date such record is created.

(4) No person shall create, alte r, falsify or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of a product or any other test, pro cesses or records create d in connection with product manufacture.

(h) Reporting.

(1) Upon written notice, the commissioner ma y require any responsible party to report information for any consumer product including, but not limited to, the following information:

(A) The name, address, telephone number and designated contact person of the responsible party;

(B) The product brand name and label;

(C) The category to which the consumer product belongs;

(D) The applicable product form or forms listed separately;

(E) An identification of each product brand name and form as a household product, industrial and institutional product, or both;

(F) For each product form and for the prev ious three years, C onnecticut sales in pounds per year, to the near est pound, and the method used to calculate sales for each product form;

(G) For registrations submitted by two companies, an identification of the company that is submitting relevant data separate from that submitted by the responsible
party;

(H) For each product brand name and form, the net percent by weight of the total product, less container and packaging, co mprised of the following, rounded to the nearest one-tenth of a percent (0.1%);

(i) Total exempt compounds,

(ii) Total LVP-VOCs that are not fragrances,

(iii) Total of all other compounds that co ntain at least one carbon atom, that are not exempt compounds or LVP-VOCs and that are not fragrances,

(iv) Total of all non- carbon containing compounds,

(v) Total fragrance,

(vi) For products containing greater than two percen t (2%) by weight fragrance, the percent of fragrance that is LVP-VOCs and the percent of fragrance that is all other compounds that contain at least one carbon atom and are not exempt com pounds or LVP-VOCs, and

(vii) Total paradichlorobenzene;R-39 REV. 1/77 STATE OF CONNECTICUT Page 31 of 53 pages 

## REGULATION

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Environmental Protection
Sec. 5

(I) The name, CAS number and percent we ight of each VOC constituent in the product;

(J) The name and CAS number of a ny exempt compounds in the product;

(K) If applicable, the weight percent comprised of prope llant for each product and the type of propellant; and

(L) The net percent by weight of each ozone-depleting compound that is:

(i) Listed in Table 40-2, and

(ii) Contained in a product subject to th is section in any amount greater than one-tenth percent (0.1%) by weight.

(2) For consumer products that are subject to subsection (d)(1) of th is section and contain perchloroethylene or methylene chloride, the commissioner may require, upon 90 days written notice, the responsible party to report the follo wing information for products sold in Connecticut during each of the 2009 through 2010 calendar years:

(A) The product brand name and a copy of the product label with legible usage instructions;

(B) The product category to which the consumer product belongs;

(C) The applicable product form or forms, separately listed;

(D) For each product form listed under subpara graph (C) of this subdivision, the total sales in Connecticut during the reported year, to the nearest pound, exclusive of the container or packagi ng, and the method used for calculating the Connecticut sales; and

(E) The weight percent, to the neares t one-tenth percent (0.10 percent), of perchloroethylene or methylene chloride.

(3) For the purposes of subdivision (2) of this subsection, a product contains perchloroethylene or methylene chloride if th e product contains one percent (1.0%) or more by weight, exclusive of the container or packagi ng, of either perchloroe thylene or methylene
chloride.

(4) Any document submitted to the commissioner pursuant to this section shall include a certification signed by an individu al identified in section 22a-174- 2a(a)(1) of the Regulations of Connecticut State Agencies, a nd by the individual or individu als responsible for actually preparing such document, each of whom shall examine and be familiar with the information
submitted in the document and all attachments th ereto, and shall inquire of those individuals responsible for obtaining the info rmation to determine th at the information is true, accurate, and complete, and each of whom sha ll certify in writing as follows:

“I have personally examined and am familia r with the information submitted in this document and all attachments thereto, a nd I certify that based on reasonable investigation, including my i nquiry of those individuals re sponsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that a ny false statement made in the submitted information may be punishable as a criminal offense under section 22a-175 of the Connecticut General Statutes, under secti on 53a-157b of the Connecticut General Statutes, and in accordance with any applicable statute.”R-39 REV. 1/77 STATE OF CONNECTICUT Page 32 of 53 pages 

## REGULATION

OF

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Environmental Protection
Sec. 5

(5) Any document required to be submitted to the commissioner pursuant to this subsection shall be submitted as a paper copy, with supporting data in either paper or electronic format, and
the submitter shall maintain such a report at the premises as a paper copy with any supporting data in the format submitted for a period of five (5) years from the date of submission to the
commissioner.

(6) To determine Connecticut sales pursuant to this section, if di rect sales data for Connecticut are not available, sales may be estimat ed by prorating national or regional sales data by population.

(i) Severability.

Each provision of this section is deemed severa ble, and, in the event that any provision of this section is held to be invalid, the remainder of this section shall continue in full force and
effect.R-39 REV. 1/77 STATE OF CONNECTICUT Page 33 of 53 pages 

## REGULATION

OF

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Environmental Protection
Sec. 5

Table 40-1. VOC Content Limits for Listed Product Categories

. 

### P RODUCT CATEGORY VOC CONTENT LIMIT ( PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT )

Adhesives Aerosol – Mist Spray 65 Aerosol – Web Spray 55 Contact – General Purpose 55 Contact – Special Purpose 80 Special Purpose Spray Adhesives: Mounting, Automotive Engine Compartment, and Flexible Vinyl 70

Special Purpose Spray Adhesives: Polystyrene
Foam and Automotive Headliner 65

Special Purpose Spray Adhesives: Polyolefin; and Laminate Repair or Edgebanding 60

Construction, Panel and Floor Covering 15 General Purpose 10 Structural Waterproof 15
Adhesive Removers Floor or Wall Covering 5 Gasket or Thread Locking 50 General Purpose 20 Specialty 70 Aerosol Cooking Spray 18
Air Freshener Single-Phase Aerosols 30

Double-Phase Aerosols 25 Liquids or Pump Sprays 18

Solids and Semi-solids 3 Antiperspirants

Aerosol 40 HVOC
10 MVOC

Non-Aerosol 0 HVOC
0 MVOC
Anti-Static Products – Non-aerosol 11
Automotive Brake Cleaners 45 Automotive Rubbing or Polishing Compounds 17

Automotive Waxes, Polishes, Sealants or
Glazes

Hard Paste Wax 45

Instant Detailer 3

All Other Forms 15
Automotive Windshield Washer Fluid 35
Bathroom and Tile Cleaners

Aerosols 7
All Other Forms 5 Bug and Tar Remover 40 Carburetor or Fuel-Injection Air Intake
Cleaners 45

Carpet and Upholstery Cleaners

Aerosols 7 Non-Aerosols (Dilutables) 0.1 Non-Aerosols (Ready-to-Use) 3R-39 REV. 1/77 STATE OF CONNECTICUT Page 34 of 53 pages 

## REGULATION

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Environmental Protection
Sec. 5



### P RODUCT CATEGORY VOC CONTENT LIMIT ( PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT ) Charcoal Lighter Material See subsection (d)(3) of this section

Deodorants

Aerosol 0 HVOC
10 MVOC

Non-Aerosol 0 HVOC
0 MVOC Dusting aids

Aerosol 25

All Other Forms 7
Electrical Cleaner 45
Electronic Cleaner 75 Engine Degreasers

Aerosol 35

Non-Aerosol 5

Fabric Protectants 60
Fabric Refresher

Aerosol 15

Non-Aerosol 6
Floor Polish or Wax For Flexible Flooring Material 7 For Nonresilient Flooring 10

Wood Floor Wax 90 Floor Wax Strippers (Non-Aerosol) See subsection (e)(5) of this section
Footwear or Leather Care

Aerosol 75

Solid 55

All Other Forms 15

Furniture Maintenance Products

Aerosols 17 All Other Forms Except Solid and Paste 7 General Purpose Cleaners

Aerosols 10

Non-Aerosols 4 General Purpose Degreasers

Aerosols 50

Non-aerosols 4
Glass Cleaners

Aerosols 12

Non-Aerosols 4
Graffiti Remover

Aerosol 50

Non-Aerosol 30
Hair Mousses 6

Hairshines 55 Hairsprays 55 Hair Styling Product Aerosol and Pump Spray 6
All Other Forms 2 Heavy-Duty Hand Cleaner 8

Insecticides Crawling Bug (aerosol) 15 Crawling Bug (all other forms) 20R-39 REV. 1/77 STATE OF CONNECTICUT Page 35 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 5



### P RODUCT CATEGORY VOC CONTENT LIMIT ( PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT )

Flea and Tick 25 Flying Bug (aerosol) 25 Flying Bug (all other forms) 35 Foggers 45 Lawn and Garden (non-aerosol) 3 Lawn and Garden (all other forms) 20 Wasp and Hornet 40 Laundry Prewash
Aerosols or Solids 22

All Other Forms 5 Laundry Starch Products 5
Metal Polishes/Cleansers 30 Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products) 50

Nail Polish Remover 75
Non-Selective Terrestrial Herbicide NonAerosols 3

Oven Cleaners Aerosols or Pump Sprays 8 Liquids 5 Paint Remover or Strippers 50

Penetrants 50 Rubber and Vinyl Protectants

Non-Aerosols 3

Aerosols 10 Sealants and Caulking Compounds 4 Shaving Creams 5 Shaving Gel 7 Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products) 60

Spot Removers

Aerosols 25

Non-Aerosols 8
Tire Sealants and Inflators 20
Toilet/Urinal Care Product

Aerosol 10

Non-Aerosol 3 Undercoatings - Aerosols 40
Wood Cleaner

Aerosol 17

Non-Aerosol 4R-39 REV. 1/77 STATE OF CONNECTICUT Page 36 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 5

Table 40-2. Prohibited Ozone-Depleting Compounds. CFC-11 (trichloroflouromethane) CF C-12 (dichlorodiflouromethane) CFC-113 (1,1,1-trichloro-2,2,2-trif luoroethane) CFC-114 (1-chlor o-1,1-difluoro-2-chloro-2,2- difluoroethane) CFC-115 (chloropentafluoroethane) ha lon 1211 (bromochlorodifluoromethane) halon 1301 (bromotrifluoromethane) halon 2402 (dibromotetraflouroethane) HCFC-22 (chlorodifluoromethane) HCFC-123 (2,2-dichloro- 1,1,1-trifluoroethane) HC FC-124 (2-chloro-1,1,1,2- tetrafluoroethane) HCFC-141b (1,1-dichloro-1-fluoroethane) HC FC-142b (1-chloro-1, 1-difluoroethane) 1,1,1-trichloroethane carbon tetrachlorideR-39 REV. 1/77 STATE OF CONNECTICUT Page 37 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

Sec. 6. The Regulations of Connecticut Stat e Agencies are amended by adding section 22a174-41, as follows:

(NEW)
Section 22a-174-41 Architectural and Industrial Maintenance Coatings.

(a) Definitions. For the purposes of this section, the following definitions shall apply:

(1) “Adhesive” means any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.

(2) “Aerosol coating product” means a pressuri zed coating product cont aining pigments or resins that dispenses product ingredients by means of a propellant, and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic marking applications.

(3) “Antenna coating” means a coating labeled and formulated exclusively for application to equipment and associated struct ural appurtenances that are used to receive or transmit electromagnetic signals.

(4) “Antifouling coating” means a coating labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms.

(5) “Appurtenance” means any accessory to a sta tionary structure coated at the site of installation, whether installed or detached, includ ing but not limited to: bathroom and kitchen fixtures; cabinets; concrete form s; doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechani cal equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain gutte rs and downspouts; stairways; fixed ladders; catwalks; fire escapes; and window screens.

(6) “Architectural coating” means a coating to be applied to stationary structures and their appurtenances at the site of in stallation, to portable buildings at the site of in stallation, to pavements, or to curbs. Coati ngs applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars and automobiles, and adhesives are excluded from the definition of “architectural coatings.”

(7) “ASTM” means the American So ciety for Testing and Materials.

(8) “BAAQMD” means the Bay Area Air Qualit y Management District, a part of the California Air Resources Board, which is responsibl e for the regulation of ai r quality in the state
of California.

(9) “Bitumens” means black or brown material s including, but not limited to, asphalt, tar, pitch and asphaltite that are solu ble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of cr ude petroleum or coal.

(10) “Bituminous roof coating” means a coating th at incorporates bitumens that is labeled and formulated exclusively for roofing.

(11) “Bituminous roof primer” means a primer that incorporates bitumens that is labeled and formulated exclusively for roofing.

(12) “Bond breaker” means a coating labeled and fo rmulated for applicati on between layers of concrete to prevent a freshly pour ed top layer of concrete from bonding to the layer over which it is poured.R-39 REV. 1/77 STATE OF CONNECTICUT Page 38 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(13) “Calcimine recoaters” means flat, solven t-borne coatings formulated and recommended specifically for recoating calcimine-painted cei lings and other calcimine-painted substrates.

(14) "CAS" means Chemi cal Abstract Service.

(15) “Clear brushing lacquers” means clear wood finishes, excludi ng clear lacquer sanding sealers, formulated with nitrocellulose or synt hetic resins to dry by so lvent evaporation without chemical reaction and to provide a solid, protective film. Such lacquers are intended to be applied only with a brush.

(16) "Clear wood coating” mean s a clear and semi-transparent coating, including lacquers and varnishes, applied to a wood s ubstrate, to provide a transpar ent or translucent solid film.

(17) “Coating” means a material applied onto or impregnated into a substrate for protective, decorative or functional purposes. Such materi als include, but are no t limited to, paints, varnishes, sealers and stains.

(18) “Colorant” means concentrated pigment di spersion in water, solvent or binder that is
added to an architectural coati ng after packaging in sale units to produce the desired color.

(19) “Concrete curing compound” means a coating labeled and formulated for application to freshly poured concrete to reta rd the evaporation of water.

(20) “Concrete surface retarders” means a mixture of retarding ingredients such as extender pigments, primary pigments, resin and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix or
cement and sand at the surface to be washed aw ay to create an exposed aggregate finish.

(21) “Conversion varnish” means a clear acid curing coating with an alkyd or other resin blended with amino resins and supplied as a single component or two-compound product. “Conversion varnishes” produce a hard, durable , clear finish desi gned for professional application to wood flooring. This film formation is the result of an aci d-catalyzed condensation reaction, affecting a tr ansetherification at the reactiv e ethers of the amino resins.

(22) “Dry fog coating” means a coating labeled and formulated only for spray application such that overspray droplets dry before subse quent contact with incidental surfaces in the vicinity of the surface coating activity.

(23) “Exempt compound” means a compound iden tified in 40 CFR 51.100(s) under “volatile organic compounds,” as amended from time to time, as having negligible photochemical reactivity.

(24) “Faux finishing coating” m eans a coating labeled and formulated as a stain or a glaze to
create artistic effects including, but not limited to, dirt, old age, smoke damage and simulated marble and wood grain.

(25) “Fire-resistive coating” means an opaque coating labeled and formulated to protect the structural integrity by increasing the fire endurance of interior or exterior steel and other
structural materials.

(26) “Fire-retardant coating” means a coating labeled and form ulated to retard ignition and flame spread.

(27) “Flat coating” means a co ating that is not defined under any other definition in this section and that registers gloss less than 15 on an 85-degree meter or less than 5 on a 60-degree

meter.R-39 REV. 1/77 STATE OF CONNECTICUT Page 39 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(28) “Floor coating” means an opaque coating that is labeled and formulat ed for application to flooring, including, but not limited to, decks, porch es, steps and other horiz ontal surfaces which may be subjected to foot traffic.

(29) “Flow coating” means a coating labeled a nd formulated exclusively for use to maintain the protective coating systems pres ent on utility transformer units.

(30) “Form-release compound” means a coating labeled and formulated for application to a concrete form to prevent the freshly poured c oncrete from bonding to the form. The form may consist of wood, metal or some material other than concrete.

(31) “Graphic arts coating or sign paint” means a coating labe led and formulated for handapplication using brush or roll er techniques to indoor and out door signs, excl uding structural components, and murals including letter enamels, poster colors, copy blockers and bulletin
enamels.

(32) “High temperature coating” means a high performance coating labeled and formulated for application to substrates exposed continuous ly or intermittently to temperatures above 204 O C (400 O F).

(33) “Impacted immersion coating” means a high performance maintenance coating
formulated and recommended fo r application to steel struct ures subject to immersion in turbulent, debris-laden water. These coatings are specifically resistant to high-energy impact damage by floating ice or debris.

(34) “Industrial maintenance coating” mean s a high performance architectural coating, including primers, sealers, unde rcoaters, intermediate coats and topcoats, formulated for application to substrates exposed to one or more of the following extreme environmental
conditions:

(A) Immersion in water, wastewater or chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of interi or surfaces to moisture condensation;

(B) Acute or chronic exposure to corrosive, cau stic or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

(C) Repeated exposure to temperatures above 121 O C (250 O F);

(D) Repeated and frequent h eavy abrasion, including mechanical wear and repeated and frequent scrubbing with industrial solv ents, cleansers or scouring agents; or

(E) Exterior exposure of metal stru ctures and structural components.

(35) "Lacquer" means a clear or opaque wood co ating, including clear la cquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film.

(36) "Low solids coating" mean s a coating containing 0.12 kilogr am or less of solids per liter (one pound or less of solids per gallon) of coating material.

(37) "Magnesite cement coating" means a coati ng labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.R-39 REV. 1/77 STATE OF CONNECTICUT Page 40 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(38) “Manufacturer's formulati on data” means data regarding a coating that are supplied by the materials manufacturer based on the manufacturer's knowledge of the ingredients used to manufacture that coating, rather than on an EPA reference test method. “Manufacturer's formulation data” may include butare not limited to information on density, VOC content and coating solids content.

(39) “Manufacturer’s maximum recommendation” means, for an architectural coating, the maximum recommendation for thinning that is in dicated on the label or lid of the coating
container.

(40) “Mastic texture coating” means a coating labeled and fo rmulated to cover holes and
minor cracks and conceal surface ir regularities, which is applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.

(41) “Metallic pigmented coating” means a coat ing containing at least 48 grams of elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon).

(42) “Multi-color coating” means a coating that is packaged in a single container and exhibits more than one color when applied in a single coat.

(43) “Nonflat coating” means a coating that is not defined under any other definition in this rule and registers a gloss of 15 or greater on an 85-degree mete r and five or greater on a 60- degree meter.

(44) “Nonflat-high gloss coating” means a nonflat coating that registers a gloss of 70 or above on a 60-degree meter.

(45) “Nonindustrial use” means any use of architectural coatings except in the construction or maintenance of any of the following: facilities used in the manufacturing of goods and commodities; transportation infrastructure, includi ng highways, bridges, airports and railroads; facilities used in mining activities, including pe troleum extraction; and utilities infrastructure, including power generation and distribution, and water treatmen t and distribution systems.

(46) "Nuclear coating" means a protective coating formulated and recommended to seal porous surfaces such as steel or concrete that otherwise would be subject to intrusion by
radioactive materials. Such coat ings are resistant to long-term (s ervice life) cumulative radiation exposure, relatively easy to decontaminate and resistant to various ch emicals to which such coatings are likely to be exposed.

(47) “NYSDEC” means the New York State De partment of Environm ental Conservation.

(48) “Pesticide Management Program” mean s the pesticide registration, permitting and certification program administered by the State of Connecticut Department of Environmental
Protection.

(49) “Post-consumer coating” means a finished co ating that would have been disposed of in a landfill when no longer useful to a consumer and that does not include manufacturing wastes.

(50) “Pre-treatment wash primer” means a pr imer that contains a minimum of 0.5 acid, by weight. “Pre-treatment wash primers” are labeled and formulated for direct application to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

(51) “Primer” means a coating labeled and formul ated for application to a substrate to provide a firm bond between the substrate and subsequent coats.R-39 REV. 1/77 STATE OF CONNECTICUT Page 41 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(52) “Quick-dry enamel” means a nonflat coating that is labeled as specified in subsection (e)
of this section and that is formulated to have the following characteristics:

(A) Capable of being applied directly fr om the container under normal conditions with ambient temperatures between 16 O and 27 O C (60 O and 80 O F);

(B) Tack free in four hours or less and dries hard in eight hours or less by the mechanical test methods; and

(C) A dried film gloss of 70 or above on a 60-degree meter.

(53) “Quick-dry primer sealer and undercoater” means a primer sealer or undercoater that is dry to the touch in 30 minutes and can be re-coated in two hours.

(54) “Recycled coating” means an architectural coating formulated such that not less than 50 percent of the weight consists of secondary and post-consumer coating, with not less than 10 percent of the total weight consis ting of post-consumer coating.

(55) “Roof coating” means a non-bituminous coat ing labeled and formulated exclusively for application to roofs for the primary purpose of preventing penetration of the substrate by water or reflecting heat and ultraviole t radiation. “Roof coatings” cont aining metallic pigment shall be defined as “metallic pigmented coatings” for the purposes of this section.

(56) “Rust preventive coating” means a coati ng formulated exclusively for nonindustrial use to prevent the corrosion of metal surfaces.

(57) “Sanding sealer” means a cl ear or semi-transparent wood co ating labeled and formulated for application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of co atings. A “sanding sealer” that also meets the definition of a lacquer is not in cluded in this category, but it is included in the lacquer category.

(58) “SCAQMD” means the South Coast Air Qu ality Management Dist rict, a part of the California Air Resources Board, which is responsibl e for the regulation of ai r quality in the state
of California.

(59) “Sealer” means a coating labeled and formulat ed for application to a substrate for one or more of the following purposes: to prevent subs equent coatings from being absorbed by the substrate, or to prevent harm to subseque nt coatings by material s in the substrate.

(60) “Secondary coating” means a fragment of a finished coating or a fi nished coating from a manufacturing process that has converted resources in to a commodity of r eal economic value, but does not include excess virgin res ources of the manuf acturing process.

(61) “Shellac” means a clear or opaque coating fo rmulated solely with the resinous secretions of the lac beetle ( Laciffer lacca ), thinned with alcohol and fo rmulated to dry by evaporation
without a chemical reaction.

(62) “Shop application” means the application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production or repairing process ( e.g ., original equipment ma nufacturing coatings).

(63) “Solicit” means to require for use or to specify by written or oral contract.R-39 REV. 1/77 STATE OF CONNECTICUT Page 42 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(64) “Specialty primer, sealer and undercoate r” means a coating that is formulated for application to a substrate to se al fire, smoke or water damage , to condition excessively chalky surfaces, or to block stains. For the purposes of this definition, an excessively chalky surface is one that is defined as having a chalk rating of four or less.

(65) “Stain” means a clear, semi-transparent or opaque coating labeled and formulated to change the color of a surface, but not conceal the grain pattern or texture.

(66) “Swimming pool coating” means a coating labe led and formulated to coat the interior of swimming pools and resist sw imming pool chemicals.

(67) “Swimming pool repair and maintenance coating” means a rubber-based coating labeled and formulated to be used over existing rubber-bas ed coatings for the repair and maintenance of swimming pools.

(68) “Temperature-indicator safety coating” means a coating labeled and formulated as a color-changing indicator coating fo r the purpose of monitoring the temperature and safety of the substrate, underlying piping or underlying equipment, and for appl ication to substrates exposed continuously or intermittently to temperatures above 204 O C (400 O F).

(69) “Thermoplastic rubber coating and mastic” means a coating or mastic formulated and recommended for application to roofing or other structural surfaces and that incorporates no less than 40 percent by weight of thermoplastic rubber s in the total resin solid s and may also contain other ingredients including, but not limited to, fillers, pigments and modifying resins.

(70) “Tint base” means an architectural coating to which colorant is a dded, after packaging in sale units, to produ ce a desired color.

(71) “Traffic marking coating” means a coa ting labeled and formulated for marking and striping streets, highways, or other traffic surf aces including, but not limited to, curbs, berms, driveways, parking lots, side walks and airport runways.

(72) “Undercoater” means a coating labeled a nd formulated to provide a smooth surface for subsequent coatings.

(73) “Varnish” means a clear or semi-trans parent wood coating, excluding lacquers and shellacs, formulated to dry by chemical reacti on. “Varnish” may contain small amounts of pigment to color a surface or to control the final sheen or gloss of the finish.

(74) “VOC content” means the weight of VOC per volume of coating.

(75) “Waterproofing sealer” means a coating la beled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water.

(76) “Waterproofing concrete/masonry sealer” means a clear or pigmented film-forming coating that is labeled and formulated for sea ling concrete and masonr y to provide resistance against water, alkalis, acids, ultraviolet light and staining.

(77) “Wood preservative” means a coating labe led and formulated to protect exposed wood from decay or insect attack.R-39 REV. 1/77 STATE OF CONNECTICUT Page 43 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(b) Applicability.

Except as provided in subsection (c ) of this section, th is section applies to any person who, on or after May 1, 2008, sells, supplies, offers for sale or manufactures for sale in the state of Connecticut any architectural coating for use in the state of Connecticut and to any person who applies or solicits the application of any architec tural coating within the state of Connecticut on or after May 1, 2008.

(c) Exemptions and exceptions.

(1) This section shall not apply to any arch itectural coating manufactured in the state of Connecticut for shipment, sale and use out side of the state of Connecticut.

(2) Any architectural coating manufactured prior to May 1, 2008 may be sold, supplied or offered for sale for up to three years after May 1, 2008. In addition, a coating manufactured before May 1, 2008 may be applied at any time as long as the coa ting complies with any applicable VOC standard in effect at the tim e the coating was manufactured. The exception offered in this subdivision shall only apply to a coating that displays a date or date code as required by subsection (e )(1) of this section.

(3) This section shall not apply to any aerosol coating product.

(4) This section shall not apply to any architectur al coating that is sold in a container with a volume of one liter (1.0 57 quart) or less.

(5) As used in this section, the terms “suppl y” and “supplied” shall not include internal
transfers or transactions involvi ng architectural coati ngs to, from or within an installation operated by any branch of the U.S. military.

(d) Standards.

(1) Except as provided in subdivisions (2) and (8) of this subsection and subsection (c) of this section, no person shall manuf acture, blend or repackage for sale within the state of Connecticut, supply, sell or offer for sale within the state of Connecticut or solic it for application or apply within the state of Connecticut any ar chitectural coating manufactured on or after May 1, 2008 that contains VOCs in excess of the appli cable VOC content limits specified in Table 41- 1. The VOC content limits of Table 41-1 apply to the grams of VOC per li ter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds or colorant added to tint bases.

(2) Except as provided in subdivi sion (3) of this subsection, if anywhere on the container of any architectural coating, or any label or sticke r affixed to the container, or in any sales, advertising, or technical liter ature supplied by a manufacturer or any person acting on the manufacturer’s behalf, including retailers who se ll under a private label, any representation is made that indicates that the coating meets the de finition of or is recommended for use for more than one of the coating categories listed in Ta ble 41-1, then the most restrictive VOC content limit of Table 41-1 shall apply.

(3) The requirements of subdivis ion (2) of this subsection sha ll not apply to the following coating categories:

(A) Antenna coatings;

(B) Antifouling coatings;

(C) Bituminous roof primers;R-39 REV. 1/77 STATE OF CONNECTICUT Page 44 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(D) Calcimine recoaters;

(E) Fire-retardant coatings;

(F) Flow coatings;

(G) High temperature coatings;

(H) Impacted immersion coatings;

(I) Industrial maintenance coatings;

(J) Lacquer coatings, includ ing lacquer sanding sealers;

(K) Low-solids coatings;

(L) Metallic pigmented coatings;

(M) Nuclear coatings;

(N) Pretreatment wash primers;

(O) Shellacs;

(P) Specialty primers, sealers and undercoaters;

(Q) Temperature-indicator safety coatings;

(R) Thermoplastic rubber co atings and mastics; or

(S) Wood preservatives.

(4) All containers of coating that are applie d directly to a surface from the container by pouring, siphoning, brushing, rolling, padding, ragging or other means shall be closed when not
in use. These containers incl ude, but are not limited to, drums, buckets, cans, pails, trays, or other application containers. Containers of any VOC-containing materials used for thinning and cleanup shall be closed when not in use.

(5) No person who applies or solicits the app lication of any architect ural coating shall add additional solvent to a coating if such addition causes the coati ng to exceed the applicable VOC limit specified in Table 41-1 of this section.

(6) No person shall apply or solicit the application of any rust preventive coating for industrial use, unless such a ru st preventive coating complies w ith the industrial maintenance coating VOC limit specified in Table 41-1 of this section.

(7) For any coating that is not identified in this section, the VOC content limit shall be determined by classifying the coating as a flat coating, nonflat coating or nonflat-high gloss coating, as those terms are defined in subsect ion (a) of this section, and the corresponding coating limit of Table 41-1 of this section shall apply.

(8) Notwithstanding the provisi ons of subdivision (1) of this subsection, a person may, at the time of application, add up to 10% by volume of VOC to a lacquer to avoid bl ushing of the finish during days with relative humidity gr eater than 70% and temperature below 65 O F, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.R-39 REV. 1/77 STATE OF CONNECTICUT Page 45 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(e) Container labeling.

(1) Date code. On each container of an architectura l coating, the manufacturer shall clearly display the date the coating was manufactured, or a date code representing the date of manufacture, as follows:

(A) The date or date code shall be located on the label, lid or bottom of the container so that it is readily observable without di ssembling the container or package; and

(B) If the manufacturer uses a date code fo r any coating, an explanation of such code
shall be available to the commissioner upon request by April 1, 2008 or not later than 90 days after making a coating av ailable for sale in Connecticut.

(2) Thinning. On the label or lid of the contai ner of an architectural coating, the manufacturer shall display a statement of the manufacturer's recommendation regarding thinning of the coating. This requirement shall not apply to the thinning of architectural coatings with water. If thinning of the coating prior to use is not necessary, the reco mmendation shall specify that the coating is to be applied without thinning.

(3) VOC content. On the label, lid or bottom of the c ontainer of an archite ctural coating, the manufacturer shall display either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer. The VOC content shall be displayed in grams of VOC pe r liter of coating. The VOC content displayed shall be calculated using the manufacturer's formul ation data or shall be determined using the calculations, procedures and test methods in subsecti on (g) of this section.

(4) Industrial maintenance coatings. In addition to the information specified in subdivisions (1) through (3) of this subsection, the label or the lid of the container, in which a coating is sold or distributed, sh all display at least one of the de scriptions listed in subparagraphs (A) through (C) of th is subdivision:

(A) " For industrial use only ;"

(B) " For professional use only ;" or

(C) " Not for residential use " or " Not intended for residential use ."

(5) Clear brushing lacquer. On the label of any clear br ushing lacquer, the manufacturer shall prominently display the statements: " For brush application only " and " This product must not be thinned or sprayed ."

(6) Rust preventive coatings. On the label of any rust preventive coating, the manufacturer shall prominently display the statement: " For metal substrates only ."

(7) Specialty primers, sealers and undercoaters. The manufacturer of any specialty primer, sealer or undercoater shall prominently display on th e label one or more of the descriptions listed in subparagraphs (A) th rough (E) of this subdivision, as follows:

(A) " For blocking stains ;"

(B) " For fire-damaged substrates ;"

(C) " For smoke-damaged substrates ;"

(D) " For water-damaged substrates ;" or

(E) " For excessively chalky substrates ."R-39 REV. 1/77 STATE OF CONNECTICUT Page 46 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(8) Quick dry enamels. The manufacturer of any quic k dry enamel shall prominently display on the label the dry hard time and the words " Quick dry ."

(9) Non-flat high-gloss coatings. The manufacturer of any non- flat high-gloss coating shall display prominently on the label the words " High gloss ."

(f) Record keeping and reporting requirements.

(1) Each manufacturer of a product subject to a VOC content limit in subsection (d) of this section shall maintain records demonstrating compliance with such VOC content limits, including the following information:

(A) The product name and, if applicable , the identifying numb er, as shown on the product label and in sales a nd technical literature;

(B) The VOC content as determined according to subsection (g) of this section;

(C) The name(s) and CAS number of the VOC constituents in the product;

(D) The dates of the VOC content determinations;

(E) The coating category; and

(F) The applicable VOC content limit.

(2) All records made to demonstrate compliance w ith this section shall be maintained for five years from the date such record is created and sh all be made available to the commissioner or the
Administrator not later than 90 days after a request.

(3) Each manufacturer of a coating subject to this sec tion shall, upon request of the commissioner, provide data conc erning the distribution and sales of coatings subject to a VOC
content limit in subsectio n (d) of this section. The manufactur er shall, not later than 90 days after receiving such a request, produce info rmation including, but not limited to:

(A) The name and mailing a ddress of the manufacturer;

(B) The name, address and telephone number of a contact person;

(C) The name of the product as it appears on the label and the applicable coating;

(D) Whether the coating is marketed for interior use, exterior use or both;

(E) The number of gallons sold in Connecticut in containers greater than one liter and less than one liter during the preceding calendar year;

(F) The actual VOC content and VOC content limit in grams per liter. If thinning is recommended, list the actual VOC content and VOC content limit after recommended thinning. If containers le ss than one liter have a different VOC content than containers greater than one liter, list separately;

(G) The name and CAS number of the VOC constituents in the coating; and

(H) The name and CAS number of a ny exempt compounds in the coating.R-39 REV. 1/77 STATE OF CONNECTICUT Page 47 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(4) For each architectural coating that contains perchloroethylene or methylene chloride, the manufacturer shall, on or before April 1 of each calendar year beginning with the year 2009, maintain records of the following information for coatings sold in Connecticut during the preceding calendar year:

(A) The product brand name and a copy of the product label with legible usage instructions;

(B) The product category listed in Table 41-1 to which the product belongs;

(C) The total sales, to the nearest gallon, in Connecticut during the preceding calendar year; and

(D) The volume percent, to the neares t 0.10 percent, of pe rchloroethylene and methylene chloride in the coating.

(5) Each manufacturer of a recy cled coating shall, on or before April 1 of each calendar year beginning with the year 2009, prepare and maintain an annual report that sh all include the total number of gallons of recycled coatings distributed in Connecticut during the preceding calendar year and the method used to calcu late the Connecticut distribution.

(6) Any document submitted to the commissioner pursuant to this section shall include a certification signed by an individu al identified in section 22a-174- 2a(a)(1) of the Regulations of Connecticut State Agencies, a nd by the individual or individu als responsible for actually preparing such document, each of whom shall examine and be familiar with the information
submitted in the document and all attachments th ereto, and shall inquire of those individuals responsible for obtaining the info rmation to determine th at the information is true, accurate, and complete, and each of whom sha ll certify in writing as follows:

“I have personally examined and am familia r with the information submitted in this document and all attachments thereto, a nd I certify that based on reasonable investigation, including my i nquiry of those individuals re sponsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that a ny false statement made in the submitted information may be punishable as a criminal offense under section 22a-175 of the Connecticut General Statutes, under secti on 53a-157b of the Connecticut General Statutes, and in accordance with any applicable statute.”

(g) Compliance procedures, registratio n requirements and test methods.

(1) Any person who sells, supplies, offers for sale or manufactures an architectural coating subject to this section on or after May 1, 2008 for sale in Connecticut shall possess documentation that such coating complies with th e VOC content limits of Table 41-1 of this section, where the VOC content is determined according to the requi rements of this subsection.

(2) The VOC content of a coating sha ll be determined according to the following
calculations:

(A) For all coatings that are not low so lids coatings, determine the VOC content in grams of VOC per liter of co ating thinned to the manu facturer's recommendation, excluding the volume of any water and exempt compounds, using the following equation:

VOC Content = (Ws - Ww - Wec)/ (Vm - Vw - Vec)

Where:
VOC Content = the VOC content of a coating (g/L of coating)R-39 REV. 1/77 STATE OF CONNECTICUT Page 48 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

Ws = weight of volatile components (g)

Ww = weight of water (g)

Wec = weight of exempt compounds (g)

Vm = volume of coating (L)

Vw = volume of water (L)

Vec = volume of exempt compounds (L)

(B) For low solids coatings, determine the VOC content in grams per liter of coating
thinned to the manufacturer's maxi mum recommendation, including the volume of any water and exempt compounds, using the following equation:

VOC Content (ls) = (Ws - Ww - Wec)/ (Vm)

Where: VOC Content (ls) = the VOC content of a low solids coating (g/L of coating)

Ws = weight of volatile components (g)

Ww = weight of water (g)

Wec = weight of exempt compounds (g)

Vm = volume of coating (L)

(C) The VOC content of a tint base shall be determined prior to the addition of the
colorant.

(3) The following procedures shall be used to determine the physical properties of a coating in order to perform the calculations required purs uant to subdivision (2) of this subsection:

(A) The VOC content shall be calculated according to:

(i) EPA Reference Method 24, 40 CFR 60, Appendix A,

(ii) SCAQMD Method 304-91 (revised February 1996), unless the results are
inconsistent with the results of a de termination pursuant to subparagraph (A)(i) of this subdivision, or

(iii) An alternative test method appr oved by the New York Department of
Environmental Conservation and the Administrator pursuant to NYSDEC Regulations Part 205.6(c);

(B) The exempt compound content shall be determined using SCAQMD Method 303- 91 (revised August 1996), except as follows:

(i) Parachlorobenzotriflouride conten t shall be determined using BAAQMD Method 41, and

(ii) Exempt compounds th at are cyclic, branched or linear methylated
siloxanes shall be determined using BAAQMD Method 43; andR-39 REV. 1/77 STATE OF CONNECTICUT Page 49 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(C) Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be conducted according to 40 CFR 59, Subpart D, Appendix A.

(4) Fire-resistive coatings and fi re-retardant coatings shall be:

(A) Fire tested and rated by a testing ag ency according to the appropriate methods listed in subdivision (6) if this subsection; and

(B) Approved by state building code offici als for use in bringing assemblies of structural materials into compliance with federal, state and local building code requirements.

(5) The following materials are s ubject to registration as follows:

(A) Antifouling coatings shall be register ed with both the Administrator under the Federal Insecticide, Fungicide and R odenticide Act (7 U.S.C. section 136 et seq .) and with the Department under the Pest icides Management Program; and

(B) Wood preservatives shall be registered under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. section 136, et. seq .) and with the Department under the Pesticides Management Program.

(6) The following test methods shall be used to test coatings for the id entified properties, as applicable:

(A) Acid content of coatings. The acid c ontent of a coating shall be determined by ASTM Designation D 1613-96, "Standard Te st Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products;"

(B) Chemical resistance for nuclear coat ings. Chemical resistance to various chemicals to which nuclear coatings are li kely to be exposed shall be measured by ASTM Method D 3912-95 (2001);

(C) Drying times. The set-to-touch and dr y-to-recoat times of a coating shall be determined by ASTM Designation D 1640-95, "Standard Methods for Drying, Curing or Film Formation of Organic Coatings at Room Temperature;"

(D) Fire-resistance rating. The fire-resistan ce rating of a fire-resis tive coating shall be determined by ASTM Designation E 119-98, "Standard Test Methods for Fire Tests of Building Construction Materials;"

(E) Flame spread index. The flame spread index of a fire-retardant coating shall be determined by the ASTM Designation E 84-99, "Standard Test Methods for Surface Burning Characteristics of Building Materials;"

(F) Gloss determination. The gloss of a coating shall be determined by ASTM Designation D 523-89 (1999), "Standard Test Method for Specular Gloss;"

(G) Long term cumulative radi ation exposure. Long-term (service life) cumulative radiation exposure of “nuclear coatings ” shall be measured by ASTM Method D 4082-02;

(H) Metal content of coatings. The metallic content of a coating shall be determined by SCAQMD Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffracti on," SCAQMD Laboratory Methods of Analysis for Enforcement Samples; andR-39 REV. 1/77 STATE OF CONNECTICUT Page 50 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

(I) Surface chalkiness. The chalkiness of a surface shall be determined using ASTM Designation D 4214-98, "Standard Test Me thods for Evaluating the Degree of Chalking of Exterior Paint Films."R-39 REV. 1/77 STATE OF CONNECTICUT Page 51 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

Table 41-1. VOC Content Limits for Architectural Coatings.

Coating category VOC

content

limit (grams VOC per liter) Flat coatings 100 Nonflat coatings 150 Nonflat-high gloss coatings 250 Antenna coatings 530 Antifouling coatings 400 Bituminous roof coatings 300 Bituminous roof primers 350

Bond breakers 350
Calcimine recoater 475 Clear wood coatings Clear brushing lacquers 680 Lacquers (including lacq uer sanding sealers) 550 Sanding sealers other than lacquer sanding sealers 350

Varnishes 350

Conversion varnishes 725 Concrete curing compounds 350
Concrete surface retarders 780 Dry fog coatings 400 Faux finishing coatings 350 Fire resistive coatings 350 Fire retardant coatings

Clear 650 Opaque 350 Floor coatings 250 Flow coatings 420 Form-release compounds 250 Graphic arts coatings (sign paints) 500 High temperature coatings 420 Impacted immersion coatings 780 Industrial maintenance coatings 340 Low solids coatings 120 Magnesite cement coatings 450 Mastic texture coatings 300 Metallic pigmented coatings 500 Multi-color coatings 250 Nuclear coatings 450 Pre-treatment wash primers 420 Primers, sealers and undercoaters 200 Quick-dry enamels 250 Quick-dry primers, sealers and undercoaters 200 Recycled coatings 250 Roof coatings 250 Rust preventive coatings 400
Shellacs

Clear 730 Opaque 550 Specialty primers, sealers and undercoaters 350R-39 REV. 1/77 STATE OF CONNECTICUT Page 52 of 53 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection
Sec. 6

Coating category VOC

content

limit (grams VOC per liter)
Stains 250 Swimming pool coatings and swimming pool repair and maintenance coatings 340 Temperature-indicator safety coatings 550 Thermoplastic rubber coatings and mastics 550 Traffic marking coatings 150 Waterproofing sealers 250 Waterproofing concrete/masonry sealers 400 Wood preservatives 350

Statement of Purpose : This proposal amends one and adopt s two sections of the air quality regulations to reduce volatile organic compound (VOC) emissions, assisting Connecticut to
attain the federal 8-hour ozone national ambien t air quality standard. More specifically:

The amendment of R.C.S.A. section 22a-174-20( l ) contained in Sections 1-4 adds a limitation on the vapor pressure of solvents used in cold cleaning and other requirements to further limit
emissions of VOCs from metal cleaning. The limitation and othe r requirements are consistent with the Ozone Transport Commission's Model Rule for Solvent Cleaning. The amendment also adds an exemption from a conveyor speed re quirement for the owne rs and operators of continuous web cleaning machines operated with other equipment to co ntrol the release of VOCs; and definitions necessary to implement the revised requirements.

Section 5
, the adoption of R.C.S.A. section 22a-1 74-40, restricts emissions of VOCs from consumer products through VOC content limits developed by the Ozone Transport Commission as part of a model rule, enhanced with addi tional requirements developed by the California Air
Resources Board in 2005.

Section 6 , the adoption of R.C.S.A. section 22a- 174-41, restricts emissions of VOCs from
architectural and industrial maintenance coat ings through the use of VOC content limits developed by the Ozone Transport Comm ission as part of a model rule.

### CERTIFICATION

R-39 REV, t/77 Page 53 of 53 pages.

Be it known that the foregoing"
[~ Regulations [~ Emergency Regulatlons

Are:
[~ Adopted [~] Amended as herinabove stated 

### By the aforesaid agency pursuant to: [--I Repealed

Section 22a,1 of the General Statutes

[---] Section of the General Statutes as amended by Public Act No.

Public Act No. of the Public Acts. of the Public Acts.

After Publication in the Connecticut Law Journal on . May 23 r~ 20 06 , of the notice of the proposal to:

Adopt [~ Amend [-]Repeal such regulations

(If applicable): [~] And the holding of anadvertised public hearing on the

WHEREFORE, the foregoing regulations are hereby:

[~ Adopted [~ Amended as herinabove stated [--] Repealed

Effective: 27 th day of June 20 06

When filed with the Secretary of the State

day of 20

.:..,i,,.~: Approved by the Attorney General as to legal sufficiency I}~I.~ZI //~// //~ OFFICIAL TITLE, DULY AUTHORIZED

in accordance with Sac. 4--169, as amended, C.G.S.: 

### . ,/ l/L ’ 013.ATTY, E E L

i--] Disapproved

I--I Disapproved in part, (Indicate Section Numbers dlsapproved only)

Rejected without prejudice.

By Ihe Legislative Regulation Review Committee in accordance with Sac. 4-170, as amended, of the General Statues (Clerk of the Legislai[ve Regulation Review

Two cedlfied copies received and filed, and one such copy forwarded to the accordance with Section 4-172, as amended, of the General Statutes. DAtE I sleN~ ’(Secreta~’ofthe State.)



# I on Official Legal Publications In

INSTRUCTIONS

1. One copy of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the Attorney General for his determination of legal sufficiency., Section 4-169 of the General Statutes.

2. Seventeen copies of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the ~ . standing Legislative Regulation Review Committee for its approval. Section 4-170 of the General Statues

. ".~. : ~Z ~~! 3. Each Regulation must be in the form intended for publication and must include the appropriate regulation section number and section heading. Section 4-172 of the General Statutes.

4. Indicate by "(NEW)" in heading if new regulation. Amended regulatlons must contatn new language underlined or in capital letters and deleted language in brackets. Section 4-179 of the General Statutes.

# STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

HEARING CERTIFICATION

This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part 51.102 that the following actions were taken regarding amendment of R.C.S.A. section
22a-174-43:



## 1) The public hearing was held on June 27, 2006 as announced in the notice of hearing (copy attached);



## 2) In accordance with the notice, materials were available for review in each Air Quality Control Region (AQCR) in Connecticut;



## 3) Copies of the notice were mailed to the directors of the air pollution control agencies in New York, New Jersey, Rhode Island and Massachusetts along with a copy to the Director of the Air Management Division of Region I of the U.S. Environmental Protection Agency; and

4) The notice of hearing was published in newspapers as follows:

Newspaper AQCR Date

Connecticut Law Journal May 23, 2006

Connecticut Post (Bridgeport) 43 May 23, 2006

Hartford Courant 42 

### May 23, 2006

New London Day 41 

### May 23, 2006

The Register Citizen (Torrington)

August 23, 2007
Date 44

(Printed on Recycled Paper )
79 Elm Street  ̄ Hartford, CT 06!06-5127

http://www.ct.gov/dep An Equal Opportuni~. Employer

## STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF INTENT TO REVISE THE REGULATIONS

OF CONNECTICUT STATE AGENCIES AND THE

STATE IMPLEMENTATION PLAN FOR AIR QUALITY

The Commissioner of Environmental Protection hereby gives notice of a public heating as part of a rulemaking proceeding. The purpose of this proceeding is to revise a regulation concerning theabatement of air pollution. The proposed amended regulation concerns revisions to section 22a174-43 (section 43), concerning portable fuel container spillage control, of the Regulations of Connecticut State Agencies. The associated emissions reductions will be included in the State’s plan to attain and maintain the 8-hour national ambient air quality standard for ozone. This section will also be submitted to EPA as a reasonably available control measure (RACM) in satisfaction of 40 CFR section 51.912. The proposed amended rule is described in greater detail below. °

All interested persons are invited to comment on the proposed regulation described below. Comments should be directed to the attention of Patti Dowries of the Department of Environmental Protection, Bureau of Air Management, Planning and Standards Division, 79 Elm Street, Hartford, Connecticut, 06106-5127. In addition to submitting comments at the public hearing described below, comments may be submitted by facsimile to (860) 424-4063 or by electronic mail to patricia.downes@po.state.ct.us. All comments must be received by 4:30 PM June 30, 2006.

Section 22a-174-43, Portable Fuel Container Spillage Control. This proposed regulation will amend section 22a-174-43 of the Regulations of Connecticut State Agencies (R.C.S.A.), concerning Portable Fuel Container (PFC) Spillage Control. The rule requires portable fue! containers (gas cans) to meet stringent design requirements to control emissions from evaporation, spillage and permeation, and provides Volatile Organic Compound emission reductions necessary for Connecticut’s ozone attainment demonstration State Implementation Plan. The proposed changes will increase the effectiveness of the existing rule by clarifying definitions, simplifying design requirements and minimizing the potent{ai formisuse of the product. The proposed changes will amend the existing requirements for flow-rate and spout design to address spillage concerns. The proposed changes also incorporate the California Air Resources Board’s (CARB) anticipated certification program for PFCs, due to begin July 1, 2007.

t Printed on Recycled Pa~er)

Elm Strcc! ° Hartford. CT 06106- 5127

### In addition to accepting written comments, the Department of Environmental Protection will also

hold the public hearing described below. Persons appearing at the hearing are requested to submit a written copy of their statement. However, oral comments will also be made part of the record and
are welcome.

PUBLIC HEARING 

### June 27, 2006 at 2:00 PM Connecticut Department of Environmental Protection

79 Elm Street, Fifth Floor
Holcombe Conference Room Hartford, CT

Copies of the proposed regulation described above and a statement, in accordance with section 22a6(h) of the Connecticut General Statutes as amended by Public Act 03-276 indicating that there currently are no applicable federal environmental standards placed on portable fuel containers, and therefore the provisions of section 22a-6(h) of the Connecticut General Statutes do not apply, are available for public inspection during normal business hours from 8:30 AM - 4:30 PM at the Bureau of Air Management, Planning and Standards Division, Fifth floor,.79 Elm Street, Hartford, Connecticut. Additional copies of the proposed regulations and related documents are available for review at the Government Information Service Desk (Balcony level) at the Connecticut State Library; Torrington Public Library; New London Public Library; and Bridgeport Public Library. For further information, contact Patti Downes of the Bureau of Air Management at (860) 424-3027.

The Department of Environmental Protection supports the goals of the Americans with Disabilities
Act of 1990. Any individual who needs auxiliary aids for effective communication during this public hearing or in submitting comments should contact Marcia Bonitto, Affirmative Action Administrator, (860) 424-3051, e-mail: Marcia.Bonitto@po.state.ct.us (TDD (860) 424-3333) at least one week before the public hearing.

The authority to adopt this plan is granted by sections 22a-6 and 22a-174 of the C.G.S. This notice is required pursuant to C.G.S. sections 4-168, 22a-6 and 22a-174, and 40 Code of Federal Regulations Part 51.102.

Date aina McCarthy
CommissionerEXHIBIT E

HEARING REPORT

Prepared Pursuant to Section 4-168(d)
of the Connecticut General Statutes and Section 22a-3a-3(d)(5) of the Department of Environmental Protection Rules of Practice

Regarding the Amendment of Section 22a-174-43 of the Regulations of Connecticut State Agencies

Hearing Officer: Allison Ferraro

Date of Hearing: June 27, 2006

On May 9, 2006, the Commissioner of the Depa rtment of Environmental Protection ("Commissioner" and “Department," respectively ) signed a notice of intent to amend section 22a-174-43 of the Regulations of Connecticut Stat e Agencies (“R.C.S.A.”). Pursuant to such notice, a public hearing was held on June 27, 2006, with the public comment period for the proposed amendment closing on June 30, 2006.

I. Hearing Report Content

As required by section 4-168(d) of the Connectic ut General Statutes (" C.G.S."), this report describes the amendment as proposed for hearin g; the principal reasons in support of the proposed amendment; the principal considerations presented in or al and written comments in opposition to the proposed amendment; all comments made and responses thereto regarding the proposed amendment; and the final wording of the proposed amendment. Commenters are
identified in Attachment 1.

This report also includes in Section II a statem ent in accordance with C.G.S. section 22a-6(h).

II. Federal Standards Analysis in Complia nce with Section 22a-6(h) of the General
Statutes

Pursuant to the provisions of C.G.S. section 22 a-6(h), the Commissioner is authorized to adopt regulations pertaining to activit ies for which the federal government has adopted standards or procedures. At the time of public notice, the Commissioner must di stinguish clearly all provisions of a proposed regulation or amendment that differ from applicable federal standards or procedures ( i.e. , federal standards and procedures that apply to the same persons under the proposed state regulation or amendment). The Commissioner must distinguish any such provisions either on the face of such proposed regulation or amendment or through supplemental documentation accompanying the proposed regulation or amendment. In addition, the2 Commissioner must provide an explanation for all such provisions in the regulation-making record required under Title 4, Chapter 54 of the C.G.S. and make such explanation publicly available at the time of the notice of public hearing required under C.G.S. section 4-168.

In accordance with the requirements of C.G.S. section 22a-6(h), the following statement was available at the time of the notice of the public hearing and was entered into the administrative record in the matter of the proposed amendment of R.C.S.A. section 22 a-174-43 ("Section 43"):

With respect to section 43, th ere are no applicable federal st andards placed on portable fuel
containers.

There is a proposed federal regulation (71 FR 15803, Marc h 29, 2006) that, if enacted, will not take effect until 2009 (approximately a year and a half after Connecticut ’s proposed regulation will take effect).

III. Summary and Text of the Amendment as Proposed

Section 43 requires portable fuel containers (“PFCs”) to meet st ringent design requirements to control emissions from evaporation, spillage and permeation, and provides volatile organic compound (“VOC”) emission reductions necessary for Connecticut’s 8-hour ozone national ambient air quality standard (“ NAAQS”) attainment demonstration. The proposed changes will increase the effectiveness of the existing ru le by clarifying defini tions, simplifying design requirements and minimizing the potential for misuse of the product. The proposed changes will amend the existing requirements for flow-rate an d spout design to address spillage concerns. The proposed changes also incorporate the California Air Resources Board’s (“CARB’s”) anticipated certificati on program for PFCs, due to begin July 1, 2007.

The text of the proposed amendment is lo cated in Attachment 2 to this report.

IV. Principal Reasons in Support of the Proposed Amendment The amendment is proposed primaril y to improve rule effectiveness in reducing VOC emissions in support of attainment planning for the 8-hour ozone NAAQS.

V. Principal Considerations in O pposition to the Proposed Amendment No comments opposed the adoption of the propos ed amendment. One manufacturer suggested
minor revisions related to retail concerns.

VI. Summary of Comments
All comments submitted are summarized below w ith the Department's responses. Commenters are identified by abbreviation in th is section and are identified fully in Attachment 1 to this report. When changes to the proposed text are in dicated in response to comment, new text is in
bold font and deleted text is in strikethrough font.

1. Comment: EPA comments regarding recently pr oposed federal standards that would limit hydrocarbon emissions that evaporate from or permeate through PFCs (71 FR 15803, March 29,3 2006). EPA’s proposal starts with containers manufactured in 2009 and would limit evaporation and permeation emissions from these containers to 0.3 grams of hydrocarbons per gallon per day. Connecticut’s existing and proposed revised gas can rule limits the permeation emissions from PFCs to less than or equal to 0.4 grams of hydr ocarbons per gallon per day. If, as proposed, the final EPA standard for permeation emissions from PFCs is more stringent than Connecticut’s standard, the federal standard will supersede the state standard as of 2009. (EPA)

Response: Connecticut’s proposed changes to th e regulation will allow the sale of PFCs meeting the permeation rate of less than or equal to 0.4 grams of hydrocarbons per gallon per day, only if they were manufactured on or befo re December 31, 2008. On or after January 1, 2009 the amended section 43 will include (by re ference to CARB’s Certification Program) a permeation rate of 0.3 grams of hydrocarbons pe r gallon per day, the same as the proposed federal standard. Therefore, the Department s hould not revise section 43 in response to this

comment.

More specifically, for any PFC manufactured on or after July 1, 2007, Connecticut’s regulation would require that any PFC provided for sale in Connecticut be certified for use and sale by the manufacturer through CARB and co vered by an Executive Order issued by CARB. In order to receive such certification and Executive Order, a PFC manufacturer will need to certify their
PFC in accordance with Certifica tion Procedure 501 “CP 501”. CP 501 requires that: a) PFCs manufactured on or after July 1, 2007 must emit no more than 0.4 grams per gallon per-day as determined by Ai r Resources Board Test Procedure TP502, Test Procedures for Determining Di urnal Emissions from Portable Fuel Containers July 26, 2006... b) PFCs manufactured on or after Janua ry 1, 2009 must emit no more than 0.3 grams per gallon per-day as determined by Air Resources Board Test Procedure TP-502, Test Procedures for Determining Diurnal Emissions from Portable Fuel Containers July 26, 2006... Therefore, for containers manufactured afte r January 1, 2009, CP 501 references the same permeation rate as that which will be required by the federal rule as of January 1, 2009.

2. Comment: Blitz USA, Inc. expressed concern as to how the amendment would address the kerosene cans already on retailer’s shelves when the regulation is established. Will the retailers
be allowed to sell these can s until they are gone?

Response: The Hearing Officer recommends re vising the proposed amendment by adding language to allow for PFCs labeled or designated solely for use w ith kerosene and manufactured prior to the effective date of th e regulation to be sold until Janua ry 1, 2008. This would allow for a reasonable sell-through period for cans already on the shelves, but is not so long as to compromise the emissions reductions benefits th at would be received through can turnover. A
new subdivision should be added to subsection (f), as follows:

(7) Notwithstanding the provisions of subsections (d)(1) and (d)(3) of this section, a portable fuel container manufactured prior to the effective date of this section may be sold or4 offered for sale until January 1, 2008 if it is labeled or designated for use solely with kerosene and if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container.

3. Comment: Blitz also asked: when woul d the new regulation go into law?

Response: The newly amended regulation will become effective on the date it is filed with the Connecticut Secretary of the State.

4. Comment: Blitz stated that subsections (d)( 2)(D) and (d)(4)(C) address flow rate requirements for the cans until June 30, 2007. Calif ornia eliminated these requirements when they added kerosene to their regulations. Blitz suggests that the amended Connecticut regulation
do the same so as to have a common can for a ll regulated states. Th e proposed new national EPA standard will also not have these requirements.

Response: Connecticut’s proposed amendment is c onsistent with the CARB regulation and the proposed EPA standard on this matter. The brackets around subsection (d)(2)(D) and (d)(4)(C)
indicate that Connecticut is de leting the flow rate requirement. No change is recommended in response to this comment.

VII. Additional Commen t by the Hearing Officer On October 11, 2006, CARB’s regulation that provide s the basis for the ce rtification program referenced at subsection (f)(2)(C) went into effect . Therefore, the approp riate dates were added as follows (underlined portions):

(A) For portable fuel containers manufactured on or before June 30, 2007, “Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000, as amended July 26, 2006 ; and

(C) For portable fuel containers manufactured on or after July 1, 2007, “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts”, adopted by CARB on July 26, 2006, or alternative methodology approved in writing by CARB.

Other changes recommended by Hearing Officer:

1. Correct the spelling of “alcohol ” that appears in the definiti on of fuel, found in subsection (a)(8).o 

### Change the definition of kerosene found in subsection 

### (a)(9) to make it consistent with

the definition used by CARB in Title 13, Section 2467 and 2467.1 of California Code of Regulations - Part 1.

VIII. Final Text of Proposed Amendment The final text of.Section 22a-174-43 inclusive of the change recommended in this report, is located at Attachment 3 to this report.

IX. Conclusion Based upon the comments submitted by interested parties and addressed in this Hearing Report, I recommend the final amendment, as contained in Attachment 3 to this report, be submitted by the Commissioner for approval by the Attorney General and the Legislative Regulations Review Committee. Based upon the same considerations, I also recommend that upon promulgation this amendment be submitted to EPA as a revision to the State Implementation Plan.

Allison Ferra?-o Hearing Officer

### Attachment 1
List of Commenters

1. Anne Arnold, Manager Air Quality Planning Unit United States Environmental Protection Agency (“EPA”) Region 1 1 Congress Street, Suite 1100 Boston, MA 02114-2023

2. Chuck Craig Blitz USA, Inc. (“Blitz”) 404 26th Ave., N.W. Miami, OK 74354

# Attachment 2

Text of the Proposed
Amendment to
R.C.S.A. Section 22a-174-43

Section 22a-174-43 Portable Fuel Container Spillage Control.

(a) Definitions. For the purposes of this section:

(1) “Automatic closure” means a device or mechanism that causes a spill-proof system or spout to close, seal and remain completely closed when not dispensing fuel.

(2) “Automatically close” means closure occurs through the activation of a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.

[(1)] (3) "CARB" means the California Air Resources Board.

[(2)] (4) “CCR” means the California Code of Regulations.

(5) “Closed-system portable fuel container” means a portable fuel container that forms a complete loop between the engine and the fuel container so that any excess fuel or vapors are returned to the portable fuel container.

[(3)] (6) "Consumer" means any person who purchases or otherwise acquires a new portable fuel container or spout or both portable fuel container and spout for personal, family, household or institutional use. A person who acquires a portable fuelcontainer or spout or both a portable fuel container and spout for resale is not a “consumer” for that product.

[(4)] (7) "Distributor" means any person to whom a portable fuel container or spout or both portable fuel container and spout is sold or supplied for the purpose of resale or distribution in commerce. This term does not include manufacturers, retailers

and consumers.

[(5)] (8) "Fuel" means a volatile liquid mixture containing hydrocarbons or a blend of a volatile liquid mixture with one or more oxygen containing ashless organic compounds, such as alchols or ethers, which is suitable for use in spark-ignition internal combustion engines or compression-ignition internal combustion engines.

[(6)] (9) “Kerosene” means any light petroleum distillate fuel that is used in space heating, cook stoves, and water heaters, or is suitable for use as a light source when burned in wick-fed lamps.

[6] (10) "Manufacturer" means any person who imports,manufactures, assembles, produces, packages, repackages or relabels a portable fuel container or spout or both portable fuel container and spout.

[7](11) “NYCRR” means the Official Compilation of Codes, Rules and Regulations of the State of New York.

[8](12) “NYSDEC” means the New York State Department of
Environmental Conservation.

[9](13) “Nominal capacity” means the volume indicated by the manufacturer that represents the maximum recommended filling

level.

[10](14) “Outboard engine” means the spark-ignition marine engine mounted on a marine watercraft and used to propel such

watercraft.

[11](15) "Permeation" means the process by which individual fuel molecules may penetrate the walls and components of a portable fuel container.

[12](16) "Portable fuel container" means any container or vessel with a nominal capacity of ten gallons or less intendedfor reuse that is designed, [or] used, sold, or offered for sale [primarily] for receiving, transporting, storing and dispensing
fuel or kerosene. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled, as defined in 49 CFR Section 172.407, with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products.

[13] (17) “Retailer” means any person who owns, leases, operates, controls or supervises a retail outlet.

[14] (18) “Retail outlet” means any establishment at which any portable fuel container or spout or both portable fuel container and spout is sold, supplied or offered for sale.

[15] (19) “Spill-proof spout” means any spout that complies with the performance standards set forth in subsection (d) of this
section.

[16] (20) “Spill-proof system” means any configuration of portable fuel container and firmly attached spout that complies with the performance standards set forth in subsection (d) of
this section.

[17](21) “Spout” means any device that can be firmly attached to a portable fuel container for dispensing the contents of a portable fuel container, not including a device that can be used to lengthen the spout to accommodate necessary applications

.

[18] (22) “Target fuel tank” means any receptacle that receives fuel from a portable fuel container.

(b) Applicability.

Except as provided in subsection (c) of this section, this section applies to any person who sells, supplies, offers for
sale or manufactures for sale in the State of Connecticut a portable fuel container or spout or both portable fuel container and spout for use in the State of Connecticut.

(c) Exemptions.

(1) This section shall not apply to any portable fuel container or spout or both portable fuel container and spout manufacturedin the State of Connecticut for shipment, sale and use outside
of the State of Connecticut.

(2) This section shall not apply to a manufacturer or distributor who sells, supplies or offers for sale in the State of Connecticut a portable fuel container or spout or both portable fuel container and spout that does not comply with the performance standards set forth in subsection (d) of this section, provided that such manufacturer makes and keeps records demonstrating:

(A) The portable fuel container or spout or both portable fuel container and spout is intended for shipment and
use outside of the State of Connecticut; and

(B) The manufacturer or distributor has taken reasonable and prudent precautions to assure that the portable fuel container or spout or both portable fuel container and spout is not distributed to or within
the State of Connecticut.

(3) This section shall not apply to any safety can subject to and in compliance with the provisions of 29 CFR 1926, Subpart F.

(4) This section shall not apply to any portable fuel container with a nominal capacity of less than or equal to one (1) quart.

(5) This section shall not apply to any rapid refueling device with a nominal capacity of greater than or equal to four gallons, provided that such device:

(A) Is designed for use in an off-highway motorized vehicle competition;

(B) Creates a leak-proof seal against the target fuel

tank; or

(C) Operates in conjunction with a receiver permanently installed on the target tank.

(6) This section shall not apply to marine portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and an outboard engine for the purpose of operating such engine.(7) This section shall not apply to “closed-system” portable fuel containers that are used exclusively for fueling remote control model airplanes.

[7](8) This section shall not apply to any manufacturer for any product for which the NYSDEC issued a variance pursuant to 6 NYCRR 239-7 for the period of time such variance is in effect, provided that the manufacturer submits all information and data required by 6 NYCRR 239-7 to the commissioner within thirty days of variance approval. If NYSDEC issues a variance pursuant to 6 NYCRR 239-7 more than thirty days before the effective date of this section, the manufacturer shall submit the information and data required by 6 NYCRR 237-7 to the commissioner within thirty days of the effective date of this section, provided the underlying variance is still in effect and necessary to maintain this exemption in the State of Connecticut.

[8](9) This section shall not apply to any product for which the manufacturer is granted:

(A) An exemption by CARB pursuant to the Innovative Products provisions of 13 CCR 2467.4 for the period of time the CARB Innovative Products exemption remains in

effect; or

(B) An exemption by the NYSDEC pursuant to the Innovative Products provisions of 6 NYCRR 239-5 for the period of time the NYSDEC Innovative Products exemption remains

in effect.

[9](10) Any manufacturer who claims an exemption pursuant to subdivision [8](9) of this subsection shall submit to the commissioner, upon request therefore, a copy of the applicable CARB or NYSDEC exemption decision.

(d) Performance Standards.

(1) Except as provided in subsection (c) of this section, no person shall sell, supply, offer for sale or manufacture for sale in the State of Connecticut on or after May 1, 2004 and ending June 30, 2007 , any portable fuel container or any portable fuel container and spout that, at the time of sale or manufacture, does not comply with the performance standards specified in subdivision (2) of this subsection.(2) Each portable fuel container and each portable fuel container and spout shall:

(A) Have an automatic shut-off that stops fuel flow before the target tank overflows;

(B) Automatically close and seal when removed from the target fuel tank and remain completely closed when not dispensing fuel;

(C) Have only one opening for both filling and pouring;

[(D) Provide a fuel flow rate and fill level equal to or greater than:

(i) One-half (0.5) gallon per minute for portable fuel containers with a nominal capacity:

(aa) less than or equal to one and one-half (1.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening, or

(bb) greater than one and one-half (1.5) gallons, but less than or equal to two and one-half (2.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening if the spill-proof system clearly displays the phrase “L OW F LOW R ATE ” in type of thirty-four (34) point or greater on each spill-proof system or label affixed thereto, and on the accompanying package, if any,

(ii) One (1) gallon per minute for portable fuel containers with a nominal capacity greater than one and one-half (1.5) gallons, but less than or equal to two and one-half (2.5) gallons, and fills to a level less than or equal to one and one-quarter (1.25) inches below the top of the target fuel tank opening, or

(iii) Two (2) gallons per minute for portable fuel containers with a nominal capacity greater than two and one-half (2.5) gallons;][(E)] (D) Have a permeation rate of less than or equal to four-tenths (0.4) grams per gallon per day; and

[(F)] (E) Be warranted by the manufacturer for a period of not less than one year against all defects in material and workmanship.

(3) Except as provided in subsection (c) of this section, no person shall sell, supply, offer for sale or manufacture for sale in the State of Connecticut on or after May 1, 2004 and ending June 30, 2007 , any spout that, at the time of sale or manufacture, does not comply with the performance standards specified in subdivision (4) of this subsection.

(4) Each spill-proof spout shall:

(A) Have an automatic shut-off that stops fuel flow before the target tank overflows;

(B) Automatically close and seal when removed from the target fuel tank and remain completely closed when not dispensing fuel; and

[(C) Provide a fuel flow rate and fill level equal to or greater than:

(i) One-half (0.5) gallon per minute for portable fuel containers with a nominal capacity:

(aa) less than or equal to one and one-half (1.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening, or

(bb) greater than one and one-half (1.5) gallons,
but less than two and one-half (2.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening if the spill-proof spout clearly displays the phrase “L OW F LOW

R ATE ” in bold type of thirty-four (34) point or greater on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto,(ii) One (1) gallon per minute for portable fuel containers with a nominal capacity greater than one and one-half (1.5) gallons, but less than two and one-half (2.5) gallons, filling to a level less than or equal to one and one-quarter (1.25) inches below the top of the target fuel tank opening, or

(iii) Two (2) gallons per minute for portable fuel containers with a nominal capacity greater than two and one-half (2.5) gallons; and]

[(D)] (C) Be warranted by the manufacturer for a period of not less than one year against all defects in material and workmanship.

(5) On or after July 1, 2007, except as provided in subsection (c) of this section, no person shall sell, supply,
offer for sale or manufacture for sale in the State of Connecticut, a portable fuel container or spout or both portable fuel container and spout that, at the time of sale or manufacture, is not certified for use and sale by the manufacturer through the California Air Resources Board and covered by an Executive Order issued by CARB pursuant to 13 CCR Chapter 9, Article 6, Section 2467.2(d).

(e) [Labelling] Labeling Requirements.

(1) Each manufacturer of a portable fuel container or portable fuel container and spout subject to this section shall clearly display on each spill-proof system:

(A) The phrase “Spill-Proof System;”

(B) A date of manufacture or a representative date; and

(C) A representative code identifying the portable fuel container or portable fuel container and spout as subject to this section and in compliance with subsection (d) of this section.

(2) Each manufacturer of a spout subject to this section shallclearly display on the accompanying package, or for a spillproof spout sold without packaging, on either the spill-proof spout or a label affixed thereto:(A) The phrase “Spill-Proof Spout;”

(B) A date of manufacture or a representative date; and

(C) A representative code identifying the spout as subject to this section and in compliance with subsection (d)
of this section.

(3) Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with subsection (d)(5) of this section shall clearly display on each spill-proof system:

(A) The phrase “Spill-Proof System;”

(B) A date of manufacture or a representative date; and

(C) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container and spout.

[3] (4) Each manufacturer subject to this section shall file an explanation of both the date code and representative date code
with the commissioner no later than three months after the effective date of this section or within ninety (90) days of production or any change in coding.

[(4) Each manufacturer subject to this section shall clearlydisplay a fuel flow rate on each spill-proof system or spillproof spout, or label affixed thereto, and on any accompanying package.]

(5) Each manufacturer subject to subdivision (2) of this subsection shall clearly display, on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label fixed thereto, the make, model number and size of each portable fuel container the spout is designed to accommodate, provided the identified combinations of container and spout shall comply with all applicable provisions
of this section.

(6) No manufacturer shall display or affix the phrase “SpillProof System” or “Spill-Proof Spout” to a portable fuel container or a portable fuel container and spout unless such container and spout comply with all applicable provisions ofsubsection (d) of this section.

(7) If, due to its design or other features, a portable fuel container or a portable fuel container and spout cannot be used to refuel one or more on-road motor vehicles, the manufacturershall clearly display the phrase “Not Intended For Refueling OnRoad Motor Vehicles” in thirty-four (34) point type or greater

on:

(A) An affixed label and the accompanying package, if any, for any portable fuel container or portable fuel container and spout sold together as a spill-proof system; and

(B) Either the spill-proof spout or a label affixed thereto, and the accompanying package, if any, for any spill-proof spout.

(f) Compliance Test Procedures.

(1) Each manufacturer of a portable fuel container or spout or both a portable fuel container and spout [must] shall perform the compliance tests specified in subdivisions (2) and (3) of this subsection prior to allowing the product to be offered for sale in the State of Connecticut or at any other time directed to do so by the commissioner.

(2) To determine compliance with the standards set forth in subsection (d) of this section, each manufacturer shall use the following test procedures:

(A) For portable fuel containers manufactured on or before
June 30, 2007, “Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000; and

(B) For portable fuel containers manufactured on or before
June 30, 2007, “Test Method 511, Automatic Closure Test Procedure For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000. [; and]

[(C) “Test Method 512, Determination Of Fuel Flow Rate For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000.](C) For portable fuel containers manufactured on or after July 1, 2007, “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts”, adopted (INSERT EFFECTIVE DATE OF CA REGULATION), or alternative methodology approved in writing by CARB.

(3) To determine compliance with the permeation standard set forth in subsection (d)(2)(D) of this section, each manufacturer shall use the test procedures set forth in subdivision (2) of this subsection and “Test Method 513, Determination Of Permeation Rate For Spill-Proof Systems,” adopted by CARB on July 6, 2000.

(4) Each manufacturer must make and keep records of the compliance tests specified in subdivisions (2) and (3) of this subsection for as long as the product is available for sale in the State of Connecticut and make any test results available to the commissioner within thirty (30) days after receiving a request by the commissioner for such records.

(5) Compliance with the performance standards set forth in subsection (d) of this section does not exempt any manufacturer of a spill-proof system or spill-proof spout from the duty to comply with all other applicable federal and state requirements.

(6) Notwithstanding the provisions of subsections (d)(1) and (d)(3) of this section, a portable fuel container or spout or both a portable fuel container and spout manufactured before May 1, 2004, may be sold, supplied or offered for sale until May 1, 2005 if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout.

Statement of Purpose: To update requirements applicable to portable fuel containers to make the rule more effective by simplifying design requirements, minimizing the potential for misuse of the product, and incorporating the California Air Resources Board PFC certification program.

# Attachment 3

Final Text of the
Amendment to R.C.S.A. Section 22a-174-2a(a)

Section 22a-174-43 Portable Fuel Container Spillage Control.

(a) Definitions. For the purposes of this section:

(1) “Automatic closure” means a device or mechanism that causes a spill-proof system or spout to close, seal and remain completely closed when not dispensing fuel.

(2) “Automatically close” means closure occurs through the activation of a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.

[(1)] (3) "CARB" means the California Air Resources Board.

[(2)] (4) “CCR” means the California Code of Regulations.

(5) “Closed-system portable fuel container” means a portable fuel container that forms a complete loop between the engine and the fuel container so that any excess fuel or vapors are returned to the portable fuel container.

[(3)] (6) "Consumer" means any person who purchases or otherwise acquires a new portable fuel container or spout or both portable fuel container and spout for personal, family, household or institutional use. A person who acquires a portable fuelcontainer or spout or both a portable fuel container and spout for resale is not a “consumer” for that product.

[(4)] (7) "Distributor" means any person to whom a portable fuel container or spout or both portable fuel container and spout is sold or supplied for the purpose of resale or distribution in commerce. This term does not include manufacturers, retailers
and consumers.

[(5)] (8) "Fuel" means a volatile liquid mixture containing hydrocarbons or a blend of a volatile liquid mixture with one or more oxygen containing ashless organic compounds, such as [alchols] alcohols or ethers, which is suitable for use in sparkignition internal combustion engines or compression-ignition internal combustion engines.

[(6)] (9) “ Kerosene” means “kerosene” as defined in California Code of Regulations, Title 13, Section 2467 and 2467.1.

[6] (10) "Manufacturer" means any person who imports,manufactures, assembles, produces, packages, repackages or relabels a portable fuel container or spout or both portable fuel container and spout.

[7](11) “NYCRR” means the Official Compilation of Codes, Rules and Regulations of the State of New York.

[8](12) “NYSDEC” means the New York State Department of Environmental Conservation.

[9](13) “Nominal capacity” means the volume indicated by the manufacturer that represents the maximum recommended filling
level.

[10](14) “Outboard engine” means the spark-ignition marine engine mounted on a marine watercraft and used to propel such
watercraft.

[11](15) "Permeation" means the process by which individual fuel molecules may penetrate the walls and components of a portable fuel container.

[12](16) "Portable fuel container" means any container or vessel with a nominal capacity of ten gallons or less intended for reuse that is designed, [or] used, sold, or offered for sale [primarily] for receiving, transporting, storing and dispensing fuel or kerosene. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled, as defined in 49 CFR Section 172.407, with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products.[13] (17) “Retailer” means any person who owns, leases, operates, controls or supervises a retail outlet.

[14] (18) “Retail outlet” means any establishment at which any portable fuel container or spout or both portable fuel container and spout is sold, supplied or offered for sale.

[15] (19) “Spill-proof spout” means any spout that complies with the performance standards set forth in subsection (d) of this section.

[16] (20) “Spill-proof system” means any configuration of portable fuel container and firmly attached spout that complies with the performance standards set forth in subsection (d) of this section.

[17](21) “Spout” means any device that can be firmly attached to a portable fuel container for dispensing the contents of a portable fuel container, not including a device that can be used to lengthen the spout to accommodate necessary applications

.

[18] (22) “Target fuel tank” means any receptacle that receives fuel from a portable fuel container.

(b) Applicability.

Except as provided in subsection (c) of this section, this section applies to any person who sells, supplies, offers for sale or manufactures for sale in the State of Connecticut a portable fuel container or spout or both portable fuel container and spout for use in the State of Connecticut.

(c) Exemptions.

(1) This section shall not apply to any portable fuel container or spout or both portable fuel container and spout manufactured in the State of Connecticut for shipment, sale and use outside of the State of Connecticut.

(2) This section shall not apply to a manufacturer or distributor who sells, supplies or offers for sale in the State of Connecticut a portable fuel container or spout or both portable fuel container and spout that does not comply with the performance standards set forth in subsection (d) of this section, provided that such manufacturer makes and keeps records demonstrating:

(A) The portable fuel container or spout or both portable fuel container and spout is intended for shipment and use outside of the State of Connecticut; and(B) The manufacturer or distributor has taken reasonable and prudent precautions to assure that the portable fuel container or spout or both portable fuel container and spout is not distributed to or within the State of Connecticut.

(3) This section shall not apply to any safety can subject to and in compliance with the provisions of 29 CFR 1926, Subpart F.

(4) This section shall not apply to any portable fuel container with a nominal capacity of less than or equal to one (1) quart.

(5) This section shall not apply to any rapid refueling device with a nominal capacity of greater than or equal to four gallons, provided that such device:

(A) Is designed for use in an off-highway motorized vehicle competition;

(B) Creates a leak-proof seal against the target fuel tank;

or

(C) Operates in conjunction with a receiver permanently installed on the target tank.

(6) This section shall not apply to marine portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and an outboard engine for the purpose of operating such engine.

(7) This section shall not apply to “closed-system” portable fuel containers that are used exclusively for fueling remote control model airplanes.

[7](8) This section shall not apply to any manufacturer for any product for which the NYSDEC issued a variance pursuant to 6 NYCRR 239-7 for the period of time such variance is in effect, provided that the manufacturer submits all information and data required by 6 NYCRR 239-7 to the commissioner within thirty days of variance approval. If NYSDEC issues a variance pursuant to 6 NYCRR 239-7 more than thirty days before the effective date of this section, the manufacturer shall submit the information and data required by 6 NYCRR 237-7 to the commissioner within thirty days of the effective date of this section, provided the underlying variance is still in effect and necessary to maintain this exemption in the State of Connecticut.

[8](9) This section shall not apply to any product for which the manufacturer is granted:(A) An exemption by CARB pursuant to the Innovative Products provisions of 13 CCR 2467.4 for the period of time the CARB Innovative Products exemption remains in effect; or

(B) An exemption by the NYSDEC pursuant to the Innovative Products provisions of 6 NYCRR 239-5 for the period of time the NYSDEC Innovative Products exemption remains in effect.

[9](10) Any manufacturer who claims an exemption pursuant to subdivision [8](9) of this subsection shall submit to the commissioner, upon request therefore, a copy of the applicable CARB or NYSDEC exemption decision.

(d) Performance Standards.

(1) Except as provided in subsection (c) of this section, no person shall sell, supply, offer for sale or manufacture for sale in the State of Connecticut on or after May 1, 2004 and ending June 30, 2007 , any portable fuel container or any portable fuel container and spout that, at the time of sale or manufacture, does not comply with the performance standards specified in subdivision (2) of this subsection.

(2) Each portable fuel container and each portable fuel container and spout shall:

(A) Have an automatic shut-off that stops fuel flow before the target tank overflows;

(B) Automatically close and seal when removed from the target fuel tank and remain completely closed when not dispensing fuel;

(C) Have only one opening for both filling and pouring;

[(D) Provide a fuel flow rate and fill level equal to or greater than:

(iv) One-half (0.5) gallon per minute for portable fuel containers with a nominal capacity:

(aa) less than or equal to one and one-half (1.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening, or

(cc) greater than one and one-half (1.5) gallons, but less than or equal to two andone-half (2.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening if the spill-proof system clearly displays the phrase “L OW F LOW R ATE ” in type of thirty-four (34) point or greater on each spill-proof system or label affixed thereto, and on the accompanying package, if any,

(v) One (1) gallon per minute for portable fuel containers with a nominal capacity greater than one and one-half (1.5) gallons, but less than or equal to two and one-half (2.5) gallons, and fills to a level less than or equal to one and one-quarter (1.25) inches below the top of the target fuel tank opening, or

(vi) Two (2) gallons per minute for portable fuel containers with a nominal capacity greater than two and one-half (2.5) gallons;]

[(E)] (D) Have a permeation rate of less than or equal to four-tenths (0.4) grams per gallon per day; and

[(F)] (E) Be warranted by the manufacturer for a period of not less than one year against all defects in material and workmanship.

(3) Except as provided in subsection (c) of this section, no person shall sell, supply, offer for sale or manufacture for sale in the State of Connecticut on or after May 1, 2004 and ending June 30, 2007 , any spout that, at the time of sale or manufacture, does not comply with the performance standards specified in subdivision (4) of this subsection.

(4) Each spill-proof spout shall:

(A) Have an automatic shut-off that stops fuel flow before the target tank overflows;

(B) Automatically close and seal when removed from the target fuel tank and remain completely closed when not dispensing fuel; and

[(C) Provide a fuel flow rate and fill level equal to or greater than:

(i) One-half (0.5) gallon per minute for portable fuel containers with a nominal capacity:

(aa) less than or equal to one and one-half (1.5) gallons, filling to a level less than orequal to one (1) inch below the top of the target fuel tank opening, or

(bb) greater than one and one-half (1.5) gallons, but less than two and one-half (2.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening if the spill-proof spout clearly displays the phrase “L OW F LOW R ATE ” in bold type of thirty-four (34) point or greater on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto,

(ii) One (1) gallon per minute for portable fuel containers with a nominal capacity greater than one and one-half (1.5) gallons, but less than two and one-half (2.5) gallons, filling to a level less than or equal to one and one-quarter (1.25) inches below the top of the target fuel tank opening, or

(iii) Two (2) gallons per minute for portable fuel containers with a nominal capacity greater than two and one-half (2.5) gallons; and]

[(D)] (C) Be warranted by the manufacturer for a period of not less than one year against all defects in material and workmanship.

(5) On or after July 1, 2007, except as provided in subsection (c) of this section, no person shall sell, supply, offer for sale or manufacture for sale in the State of Connecticut, a portable fuel container or spout or both portable fuel container and spout that, at the time of sale or manufacture, is not certified for use and sale by the manufacturer through the California Air Resources Board and covered by an Executive Order issued by CARB pursuant to 13 CCR Chapter 9, Article 6, Section 2467.2(d).

(e) [Labelling] Labeling Requirements.

(1) Each manufacturer of a portable fuel container or portable fuel container and spout subject to this section shall clearly display on each spill-proof system:

(A) The phrase “Spill-Proof System;”

(B) A date of manufacture or a representative date; and

(C) A representative code identifying the portable fuelcontainer or portable fuel container and spout as subject to this section and in compliance with subsection (d) of this section.

(2) Each manufacturer of a spout subject to this section shall clearly display on the accompanying package, or for a spill-proof spout sold without packaging, on either the spill-proof spout or a label affixed thereto:

(A) The phrase “Spill-Proof Spout;”

(B) A date of manufacture or a representative date; and

(C) A representative code identifying the spout as subject to this section and in compliance with subsection (d) of this section.

(3) Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with subsection (d)(5) of this section shall clearly display on each spill-proof system:

(A) The phrase “Spill-Proof System;”

(B) A date of manufacture or a representative date; and

(D) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container and spout.

[3] (4) Each manufacturer subject to this section shall file an explanation of both the date code and representative date code with the commissioner no later than three months after the effective date of this section or within ninety (90) days of production or any change in coding.

[(4) Each manufacturer subject to this section shall clearlydisplay a fuel flow rate on each spill-proof system or spillproof spout, or label affixed thereto, and on any accompanying package.]

(5) Each manufacturer subject to subdivision (2) of this subsection shall clearly display, on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label fixed thereto, the make, model number and size of each portable fuel container the spout is designed to accommodate, provided the identified combinations of container and spout shall comply with all applicable provisions of this section.

(6) No manufacturer shall display or affix the phrase “SpillProof System” or “Spill-Proof Spout” to a portable fuel containeror a portable fuel container and spout unless such container and spout comply with all applicable provisions of subsection (d) of this section.

(7) If, due to its design or other features, a portable fuel container or a portable fuel container and spout cannot be used to refuel one or more on-road motor vehicles, the manufacturershall clearly display the phrase “Not Intended For Refueling OnRoad Motor Vehicles” in thirty-four (34) point type or greater

on:

(A) An affixed label and the accompanying package, if any, for any portable fuel container or portable fuel container and spout sold together as a spill-proof system; and

(B) Either the spill-proof spout or a label affixed thereto, and the accompanying package, if any, for any spill-proof spout.

(f) Compliance Test Procedures.

(1) Each manufacturer of a portable fuel container or spout or both a portable fuel container and spout [must] shall perform the compliance tests specified in subdivisions (2) and (3) of this subsection prior to allowing the product to be offered for sale in the State of Connecticut or at any other time directed to do so by the commissioner.

(2) To determine compliance with the standards set forth in subsection (d) of this section, each manufacturer shall use the following test procedures:

(A) For portable fuel containers manufactured on or before June 30, 2007, “Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000, as amended July 26, 2006 ; and

(B) For portable fuel containers manufactured on or before June 30, 2007, “Test Method 511, Automatic Closure Test Procedure For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000.[; and]

[(C) “Test Method 512, Determination Of Fuel Flow Rate For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000.]

(C) For portable fuel containers manufactured on or after July 1, 2007, “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts”,adopted July 26, 2006, or alternative methodology approved in writing by CARB.

(3) To determine compliance with the permeation standard set forth in subsection (d)(2)(D) of this section, each manufacturer shall use the test procedures set forth in subdivision (2) of this subsection and “Test Method 513, Determination Of Permeation Rate For Spill-Proof Systems,” adopted by CARB on July 6, 2000.

(4) Each manufacturer must make and keep records of the compliance tests specified in subdivisions (2) and (3) of this subsection for as long as the product is available for sale in the State of Connecticut and make any test results available to the commissioner within thirty (30) days after receiving a request by the commissioner for such records.

(5) Compliance with the performance standards set forth in subsection (d) of this section does not exempt any manufacturer of a spill-proof system or spill-proof spout from the duty to comply with all other applicable federal and state requirements.

(6) Notwithstanding the provisions of subsections (d)(1) and (d)(3) of this section, a portable fuel container or spout or both a portable fuel container and spout manufactured before May 1, 2004, may be sold, supplied or offered for sale until May 1, 2005 if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout.

(7) Notwithstanding the provisions of subsections (d)(1) and (d)(3) of this section, a portable fuel container manufactured prior to the effective date of this section may be sold or offered for sale until January 1, 2008 if it is labeled or designated for use solely with kerosene and if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container.

Statement of Purpose: To update requirements applicable to portable fuel containers to make the rule more effective by simplifying design requirements, minimizing the potential for misuse of the product, and incorporating the California Air Resources Board PFC certification program.11/05/2007 16:01 FAX 860 509 6175 MG!iIT SUPPORT SERVICES [~002/002



## Office.of Secretary of the State  ̄

State of Connecticut 30 Trinity Street, P.O. Box 1.~0470, Hartford,-CT 06115-0470 Susan Bysiewicz Secretary of the State

Lesley D. Mara Deputy Secretary of the State

February 1, 2007



### Hon. Gina McCarthy, Commissionel Department.of Environmental Proteclion

79 Elm Street
Hartford, CT 06105

Re." Agency Regulation ConcemilLg:

Abatement of Air Pollution: Amendment of Section 22a-174-43, Portable
Fuel Container Spillage Control

Regulation Review Committ~ e Docket Number: 2006-77 Secretary of the State File Number: 5748



### Dear Commissioner McCarthy:

This is to acknowledge receipt of.two certified copies of the above referenced regulation issued by the Department of Environmental ]’rotection.

We request that you please forward the original or a copy of this acknowledgement letter to your agency’s Legal Services Department for its files. -

Said regulation was received and filed in this office on January 29, 2007. The effective date of this regulation is January 29, 2007.

One of the two copies has been forwm ded to the Commission on Official Legal Publications asrequired by law.

Barbara Sladek
RLS Assistant Coordinator
860-509-6147

CC: Commission on Official Legal Pulzlications (Letter and Copy of Regulation)

Commerciiil’P.~cording Division (S60) 509-6001 fax (860) 509-6069 Legislation and Election Administration Division (860) 509-610C fax (860) 509-6127 General Information (860) 509-6000 State Capitol Office (860) 509-6200 .fax (860) 509-6209 Deputy Secretary oft_he State (860) 509-6212 fax (860) 509-6131 Management & Support Services-(860) 509-6190 _tax (860) 509-6175

Int~ met .Home Page www.sots.ct.gov,

1{-39 REV. 1/77

IMPORTANT: Read Instructions on bottom of Certification Page before completing this forln. Failure to comply with instructions may cause disapproval of proposed Regulations. 

### STATE OF CONNECTICUT dJlH ~ ;I 214 ~t ’~age !_of l0 pages

$EC.,R -E TI ;,:v .’~.v .,. ,~.~ A rE 

## REGULATION " " " ..... "

OF

NAME OF AGENCY


### Environmental Protection Concerning



### Abatement of Air Pollution Anlendment of Section 22a-174-43 Portable Fuel Container Spillage Control

Section 22a-174-43 of the Reuulations of Connecticut State Auencies is ~mended to read as follows:



### (a) Definitions. For the purposes of this section-

(i) "Automatically close" means closure occurs throuqh the activation of a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensinq fuel.

[(i)] 2_~ "CARB" means the California Air Resources Board.



### [(2)] 3_~ "CCR" means the California Code of Regulations.

~ "Closed-system portable fuel container" means a portable fuel container that forms a complete loop between the enqine and the fuel container so that any excess fuel or vapors are returned to the portable fuel container.



### [(3)] ~ "Consumer" means any person who purchases or otherwise acquires a new portable fuel container or spout or both portable fuel container and spout for personal, family, household or institutional use. A person who acquires a portable fuel container or spout or both a portable fuel container and spout for resale is not a "consumer" for that product.

[(4)] ~ "Distributor" means any person to whom a portable fuel container or spout or both portable fuel container and spout is sold or supplied for the purpose of resale or distribution in commerce. This term does not include manufacturers, retailers and consumers.

[(5)] ~ "Fuel" means a volatile liquid mixture containing hydrocarbons or a blend of a volatile liquid mixture with one or more oxygen containing ashless organic compounds, such as alcohols or ethers, which is suitable for use in spark-ignition internal combustion engines or compression-ignition internal combustion engines.



### "Kerosene" means "kerosene" as defined in California Code of Requlations, Title 13, Section 2467 and 2467.1.

[(6)] ~ "Manufacturer" means any person who imports,manufactures, assembles, produces, packages, repackages or relabels a portable fuel container or spout or both portable fuel container and[ spout.R-39 REV. 1/77 S TATE OF CONNECTICUT Page 2 of 10 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection

[6] (10) "Manufacturer" means any person who imports,manufactures, assembles, produces, packages, repackages or relabels a portable fuel container or spout or both portable fuel container and spout.

[7] (11) “NYCRR” means the Official Compilation of Codes, Rules and Regulations of the State of New York.

[8] (12) “NYSDEC” means the New York State Department of
Environmental Conservation.

[9] (13) “Nominal capacity” means the volume indicated by the manufacturer that represents the maximum recommended filling

level.

[10] (14) “Outboard engine” means the spark-ignition marine engine mounted on a marine watercraft and used to propel such

watercraft.

[11] (15) "Permeation" means the process by which individual fuel molecules may penetrate the walls and components of a portable fuel container.

[12] (16) "Portable fuel container" means any container or vessel with a nominal capacity of ten gallons or less intended for reuse that is designed

, [or] used , sold, or offered for sale [primarily] for receiving, transporting, storing and dispensing

fuel or kerosene. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled, as defined in 49 CFR Section 172.407, with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products.

[13] (17) “Retailer” means any person who owns, leases,

perates, controls or supervises a retail outlet. o

[14] (18) “Retail outlet” means any establishment at which any portable fuel container or spout or both portable fuel container and spout is sold, supplied or offered for sale.

[15] (19) “Spill-proof spout” means any spout that complies with the performance standards set forth in subsection (d) of this
section.

[16] (20) “Spill-proof system” means any configuration of portable fuel container and firmly attached spout that complies with the performance standards set forth in subsection (d) of
this section.

[17] (21) “Spout” means any device that can be firmly attached to a portable fuel container for dispensing the contents of a portable fuel container , not including a device that can be used to lengthen the spout to accommodate necessary applications

.

[18] (22) “Target fuel tank” means any receptacle that receives fuel from a portable fuel container.R-39 REV. 1/77 STATE OF CONNECTICUT Page 3 of 10 pages



## REGULATION

OF

NAME OF AGENCY

Environmental Protection

**(b) Applicability.**

Except as provided in subsection (c) of this section, this section applies to any person who sells, supplies, offers for
sale or manufactures for sale in the State of Connecticut a portable fuel container or spout or both portable fuel container and spout for use in the State of Connecticut.

**(c) Exemptions.**

(1) This section shall not apply to any portable fuel container or spout or both portable fuel container and spout manufactured in the State of Connecticut for shipment, sale and use outside
of the State of Connecticut.

(2) This section shall not apply to a manufacturer or distributor who sells, supplies or offers for sale in the State of Connecticut a portable fuel container or spout or both portable fuel container and spout that does not comply with the performance standards set forth in subsection (d) of this section, provided that such manufacturer makes and keeps records demonstrating:

(A) The portable fuel container or spout or both portable fuel container and spout is intended for shipment and
use outside of the State of Connecticut; and

(B) The manufacturer or distributor has taken reasonable and prudent precautions to assure that the portable fuel container or spout or both portable fuel container and spout is not distributed to or within
the State of Connecticut.

(3) This section shall not apply to any safety can subject to and in compliance with the provisions of 29 CFR 1926, Subpart F.

(4) This section shall not apply to any portable fuel container with a nominal capacity of less than or equal to one (1) quart.

(5) This section shall not apply to any rapid refueling device with a nominal capacity of greater than or equal to four gallons, provided that such device:

(A) Is designed for use in an off-highway motorized vehicle competition;

(B) Creates a leak-proof seal against the target fuel

tank; or

(C) Operates in conjunction with a receiver permanently installed on the target tank.

(6) This section shall not apply to marine portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and an outboard engine for the purpose of operating such engine.R-39 REV. 1/77 S TATE OF CONNECTICUT Page 4 of 10 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection

(7) This section shall not apply to “closed-system” portable fuel containers that are used exclusively for fueling remote control model airplanes.

[7] (8) This section shall not apply to any manufacturer for any product for which the NYSDEC issued a variance pursuant to 6 NYCRR 239-7 for the period of time such variance is in effect, provided that the manufacturer submits all information and data required by 6 NYCRR 239-7 to the commissioner within thirty days of variance approval. If NYSDEC issues a variance pursuant to 6 NYCRR 239-7 more than thirty days before the effective date of this section, the manufacturer shall submit the information and data required by 6 NYCRR 237-7 to the commissioner within thirty days of the effective date of this section, provided the underlying variance is still in effect and necessary to maintain this exemption in the State of Connecticut.

[8] (9) This section shall not apply to any product for which the manufacturer is granted:

(A) An exemption by CARB pursuant to the Innovative Products provisions of 13 CCR 2467.4 for the period of time the CARB Innovative Products exemption remains in

effect; or

(B) An exemption by the NYSDEC pursuant to the Innovative Products provisions of 6 NYCRR 239-5 for the period of time the NYSDEC Innovative Products exemption remains
in effect.

[9] (10) Any manufacturer who claims an exemption pursuant to
subdivision [8] (9) of this subsection shall submit to the commissioner, upon request therefore, a copy of the applicable CARB or NYSDEC exemption decision.

**(d) Performance Standards.**

(1) Except as provided in subsection (c) of this section, no person shall sell, supply, offer for sale or manufacture for sale in the State of Connecticut on or after May 1, 2004 and ending June 30, 2007 , any portable fuel container or any portable fuel container and spout that, at the time of sale or manufacture, does not comply with the performance standards specified in subdivision (2) of this subsection.

(2) Each portable fuel container and each portable fuel container and spout shall:

(A) Have an automatic shut-off that stops fuel flow before the target tank overflows;

(B) Automatically close and seal when removed from the target fuel tank and remain completely closed when not dispensing fuel;

(C) Have only one opening for both filling and pouring;R-39 REV. 1/77 S TATE OF CONNECTICUT Page 5 of 10 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection

[(D) Provide a fuel flow rate and fill level equal to or greater than:

(i) One-half (0.5) gallon per minute for portable fuel containers with a nominal capacity:

(aa) less than or equal to one and one-half (1.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening, or

(bb) greater than one and one-half (1.5) gallons, but less than or equal to two and one-half (2.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening if the spill-proof system clearly displays the phrase “L OW F LOW R ATE ” in type of thirty-four (34) point or greater on each spill-proof system or label affixed thereto, and on the accompanying package, if any,

(ii) One (1) gallon per minute for portable fuel containers with a nominal capacity greater than one and one-half (1.5) gallons, but less than or equal to two and one-half (2.5) gallons, and fills to a level less than or equal to one and one-quarter (1.25) inches below the top of the target fuel tank opening, or

(iii) Two (2) gallons per minute for portable fuel containers with a nominal capacity greater than two and one-half (2.5) gallons;]

[(E)] (D) Have a permeation rate of less than or equal to four-tenths (0.4) grams per gallon per day; and

[(F)] (E) Be warranted by the manufacturer for a period of not less than one year against all defects in material and workmanship.

(3) Except as provided in subsection (c) of this section, no person shall sell, supply, offer for sale or manufacture for sale in the State of Connecticut on or after May 1, 2004 and ending June 30, 2007 , any spout that, at the time of sale or manufacture, does not comply with the performance standards specified in subdivision (4) of this subsection.

(4) Each spill-proof spout shall:

(A) Have an automatic shut-off that stops fuel flow before the target tank overflows;

(B) Automatically close and seal when removed from the target fuel tank and remain completely closed when not dispensing fuel; andR-39 REV. 1/77 S TATE OF CONNECTICUT Page 6 of 10 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection

[(C) Provide a fuel flow rate and fill level equal to or greater than:

(i) One-half (0.5) gallon per minute for portable fuel containers with a nominal capacity:

(aa) less than or equal to one and one-half (1.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening, or

(bb) greater than one and one-half (1.5) gallons,
but less than two and one-half (2.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target fuel tank opening if the spill-proof spout clearly displays the phrase “ **L OW**  **F LOW** 

**R ATE**  ” in bold type of thirty-four (34) point or greater on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto,

(ii) One (1) gallon per minute for portable fuel containers with a nominal capacity greater than one and one-half (1.5) gallons, but less than two and one-half (2.5) gallons, filling to a level less than or equal to one and one-quarter (1.25) inches below the top of the target fuel tank opening, or

(iii) Two (2) gallons per minute for portable fuel containers with a nominal capacity greater than two and one-half (2.5) gallons; and]

[(D)] (C) Be warranted by the manufacturer for a period of not less than one year against all defects in material and workmanship.

(5) On or after July 1, 2007, except as provided in subsection (c) of this section, no person shall sell, supply,
offer for sale or manufacture for sale in the State of Connecticut, a portable fuel container or spout or both portable fuel container and spout that, at the time of sale or manufacture, is not certified for use and sale by the manufacturer through the California Air Resources Board and covered by an Executive Order issued by CARB pursuant to 13 CCR Chapter 9, Article 6, Section 2467.2(d).

**(e) [Labelling] Labeling Requirements.** 

(1) Each manufacturer of a portable fuel container or portable fuel container and spout subject to this section shall clearly display on each spill-proof system:

(A) The phrase “ **Spill-Proof System** ;”

(B) A date of manufacture or a representative date; andR-39 REV. 1/77 S TATE OF CONNECTICUT Page 7 of 10 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection

(C) A representative code identifying the portable fuel container or portable fuel container and spout as subject to this section and in compliance with subsection (d) of this section.

(2) Each manufacturer of a spout subject to this section shallclearly display on the accompanying package, or for a spillproof spout sold without packaging, on either the spill-proof spout or a label affixed thereto:

(A) The phrase “ **Spill-Proof Spout** ;”

(B) A date of manufacture or a representative date; and

(C) A representative code identifying the spout as subject to this section and in compliance with subsection (d)
of this section.

(3) Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with subsection (d)(5) of this section shall clearly display on each spill-proof system:

(A) The phrase **“Spill-Proof System;”**

(B) A date of manufacture or a representative date; and

(C) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container and spout.

[3] (4) Each manufacturer subject to this section shall file an explanation of both the date code and representative date code
with the commissioner no later than three months after the effective date of this section or within ninety (90) days of production or any change in coding.

[(4) Each manufacturer subject to this section shall clearlydisplay a fuel flow rate on each spill-proof system or spillproof spout, or label affixed thereto, and on any accompanying package.]

(5) Each manufacturer subject to subdivision (2) of this subsection shall clearly display, on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label fixed thereto, the make, model number and size of each portable fuel container the spout is designed to accommodate, provided the identified combinations of container and spout shall comply with all applicable provisions
of this section.

(6) No manufacturer shall display or affix the phrase “SpillProof System” or “Spill-Proof Spout” to a portable fuel container or a portable fuel container and spout unless such container and spout comply with all applicable provisions of subsection (d) of this section.R-39 REV. 1/77 S TATE OF CONNECTICUT Page 8 of 10 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection

(7) If, due to its design or other features, a portable fuel container or a portable fuel container and spout cannot be used to refuel one or more on-road motor vehicles, the manufacturer shall clearly display the phrase “ **Not Intended For Refueling On**
**Road Motor Vehicles** ” in thirty-four (34) point type or greater

on:

(A) An affixed label and the accompanying package, if any, for any portable fuel container or portable fuel container and spout sold together as a spill-proof system; and

(B) Either the spill-proof spout or a label affixed thereto, and the accompanying package, if any, for any spill-proof spout.

**(f) Compliance Test Procedures.**

(1) Each manufacturer of a portable fuel container or spout or both a portable fuel container and spout [must] shall perform the compliance tests specified in subdivisions (2) and (3) of this subsection prior to allowing the product to be offered for sale in the State of Connecticut or at any other time directed to do so by the commissioner.

(2) To determine compliance with the standards set forth in subsection (d) of this section, each manufacturer shall use the following test procedures:

(A) For portable fuel containers manufactured on or before
June 30, 2007, “Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000, as amended July 26, 2006 ; and

(B) For portable fuel containers manufactured on or before
June 30, 2007, “Test Method 511, Automatic Closure Test Procedure For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000; [and]

[(C) “Test Method 512, Determination Of Fuel Flow Rate For Spill-Proof Systems And Spill-Proof Spouts,” adopted by CARB on July 6, 2000.]

(C) For portable fuel containers manufactured on or after July 1, 2007, “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts”, adopted July 26, 2006, or alternative methodology approved in writing by CARB.

(3) To determine compliance with the permeation standard set forth in subsection (d)(2)(D) of this section, each manufacturer shall use the test procedures set forth in subdivision (2) of this subsection and “Test Method 513, Determination Of Permeation Rate For Spill-Proof Systems,” adopted by CARB on July 6, 2000.R-39 REV. 1/77 S TATE OF CONNECTICUT Page 9 of 10 pages 

## REGULATION

OF

NAME OF AGENCY

Environmental Protection

(4) Each manufacturer must make and keep records of the compliance tests specified in subdivisions (2) and (3) of this subsection for as long as the product is available for sale in the State of Connecticut and make any test results available to the commissioner within thirty (30) days after receiving a request by the commissioner for such records.

(5) Compliance with the performance standards set forth in subsection (d) of this section does not exempt any manufacturer of a spill-proof system or spill-proof spout from the duty to comply with all other applicable federal and state requirements.

(6) Notwithstanding the provisions of subsections (d)(1) and (d)(3) of this section, a portable fuel container or spout or both a portable fuel container and spout manufactured before May 1, 2004, may be sold, supplied or offered for sale until May 1, 2005 if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout.

(7) Notwithstanding the provisions of subsections (d)(1) and (d)(3) of this section, a portable fuel container manufactured prior to the effective date of this section, may be sold or offered for sale until January 1, 2008 if it is labeled or designated for use solely with kerosene and if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container.

Statement of Purpose:

To update requirements applicable to portable fuel containers to make the rule more effective by simplifying design requirements, minimizing the potential for misuse of the product, and incorporating the Californi a Air Resources Board PFC certification program. ̄ 

### CERTIFICATION

R-39 REV. 1/77 Page lO of 10 pages

"qe it known that the foregoing:
(’~-.-,~x’] Regulations F-] Emergency Regulations

Are:

I--7 Adopted [~ Amended as 13erinabove stated By the aforesaid agency pursuant to: r--] Repealed

Section 22a-6 and 22a-174 of the General Statutes

J Section of the General Statutes as amended by Public Act No. of the Public Acts.

E~ Public Act No. of the Public Acts.

After Publication in the Connecticut Law Journal on May 23 ~d 20 06 , of the notice of the proposal to:

Adopt [~ Amend E~]Repeal such regulations

(If appficable): [~ And the holding of an advertised public hearing on the

WHEREFORE, the foregoing regulations are hereby: 27 th day of June 2O O6

[-7 Adopted [~ Amended as herinabove stated [7 Repealed

Effective:

[~ When filed with the Secretary of the State

(OR)

[-7 The day of 19

In Witness Whereof: Commissioner

Approved by the Attorney General as to legal sufficiency in accordance with Sec. 4--169, as amended, C.G.S.:

/~Approved~

Disapproved

Disapproved in part, (Indicate Section Numbers disapproved only)

I--1 Rejected without prejudice.

By the Legislative Regulation Review Committee in accordance I ’DA?I~ ~ I SIG~,,~,D’(Clerk of the Legisiativ~Regula/#pn Review c.omi77itt~#) with Sec. 4-170, as amended, of the General Statues
Two certified copies received and filed, and one such copy forwarded to the Commission on Official Legal Publications in accordance with Section 4-172, as amended, of the General Statutes.

INSTRUCTIONS

1. One copy of all regulations for adoption, amendment or repeal, except emergency regulations, must be presen!ed to the Attorney General for his determination of legal sufficiency. Section 4-169 of the General Statutes.

2. Seventeen copies of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the standing Legislative Regulation Review Committee for its approval. Section 4-170 of the General Statues

3. Each Regulation must be in the form intended for publication and must include the appropriate regulation section number and section heading. Section 4-172 of the General Statutes.

~ndicate by "(NEW)" in heading if new regulation. Amended regulations must contain new language in capital letters and deleted language in brackets. Section 4-179 of the General Statutes.

### HEARING CERTIFICATION

This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part 51.102 that the following actions were taken regarding amendment of R.C.S.A. section 22a-174-24(1):



## 1) The public heating was held on September 8, 2005 as announced in the notice of hearing (copy attached);



## 2)

3) In accordance with the notice, materials were available for review in each Air Quality Control Region (AQCR) in Connecticut;

Copies of the notice were mailed to the directors of the air pollution control agencies in New York, New Jersey, Rhode Island and Massachusetts along with a copy to the Director of the Air Management Division of Region I of the U.S. Environmental Protection Agency; and

4) The notice of hearing was published in newspapers as follows:

Newspaper AQCR Date

Connecticut Law Journal August 2, 2005

Connecticut Post (Bridgeport) 43 August 2, 2005



### Hartford Courant 42 August 2, 2005

New London Day 41 August 2, 2005

The Register Citizen (Torrington)

September 8, 2005
Date 44 August 2, 2005

iPa~b. Kelly ’ Bureau of Air M~agem~n(

## STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF INTENT TO REVISE THE REGULATIONS

OF CONNECTICUT STATE AGENCIES AND THE
STATE IMPLEMENTATION PLAN FOR AIR QUALITY



### The Commissioner of Environmental Protection hereby gives notice of a public hearing as part of a rulemaking proceeding. The purpose of this proceeding is to amend section 22a-174-24(0 of the Regulations of Connecticut State Agencies (R.C.S.A.) concerning the Connecticut ambient air quality standards for ozone. The proposed amendment is described in greater detail below. The Connecticut Department of Environmental Protection (DEP) will submit this amended regulation to the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan (SIP) for air quality in accordance with the federal Clean Air Act (CA.A).

All interested persons are invited to comment on the proposed amendment described below. Comments should be directed to the attention of Patti Downes of the Department of Environmental Protection, Bureau of Air Management, Planning and Standards Division, 79 Elm Street, Hartford, Connecticut, 06106-5127. In addition to submitting comments at the public hearing described below, comments may be submitted by facsimile to (860) 424-4063 or by electronic mail to patricia.downes~o.state.ct.us. All comments must be received by 4:30 PM on September 9, 2005.

Section 22a-174-24(i), Connecticut Ambient Air Quality Standards for Ozone. This proposed amendment updates the current Connecticut ambient air quality standards to include the 8-hour ozone standard that was promulgated by EPA in July 1997. The federal 8-hour standard was promulgated to protect public health by extending the duration of the ozone monitoring to an 8-hour period, which better reflects the exposure of those who regularly work or engage in recreation outdoors. By correcting the outdated language in the 1-hour ozone standard, the amendment also updates the state air quality regulations to make them consistent with the federal regulations.

In addition to accepting written comments, the Department of Environmental Protection will also hold the public hearing described below. Persons appearing at the hearing are requested to submit a written copy of their statement. However, oral comments will also be made part of the record and are welcome.

PUBLIC HEARING 

### September 8, 2005 at 10:30 AM Connecticut Department of Environmental Protection

79 Elm Street, Fifth Floor
Holcombe Conference Room Hartford, CT

Copies of the proposed amendment described above and a statement, in accordance with section 22a-6(h) of the Connecticut General Statutes as amended by Public Act 03-276,

(Printed on Recycled Paper)

79 Elm Street * Hartford, CT 06106-5127

http://dep.state.ct.us

An F.aual Ormortunitv Emnlover

### are available for public inspection during normal business hours from 8:30 AM - 4:30

PM at the Bureau of Air Management, Planning and Standards Division, Fifth floor, 79 Elm Street, Hartford, Connecticut. Additional copies of the proposed amendment and
related documents are available for review at the Government Information Service Desk (Balcony level) at the Connecticut State Library; Torrington Public Library; New London Public Library; and Bridgeport Public Library. For further information, contact Patti Dowries of the Bureau of Air Management at (860) 424-3027.

The Department of Environmental Protection supports the goals of the Americans with Disabilities Act of 1990. Any individual who needs auxiliary aids for effective communication during this public heating or in submitting comments should contact the DEP Affirmative Action Officer at (860) 424-3035 (TDD (860) 424-3333) at least one week before the public heating.

The authority to adopt this plan is granted by sections 22a-6 and 22a-174 of the C.G.S. This notice is required pursuant to C.G.S~ sections 4-168, 22a-6 and 22a-174, and 40 Code of Federal Regulations Part 51.102.



### Date McCarthy C ’,sioner

## STATE

DEPARTMENT OF 

## OF CONNECTICUT

ENVIRONMENTAL PROTECTION

EXHIBIT E

HEARING REPORT

Prepared Pursuant to Section 4-168(d) of the Connecticut General Statutes and Section 22a-3a-3(d)(5) of the Department of Environmental Protection Rules of Practice

Regarding the Amendment of Section 22a-174-24(i) of the Regulations of Connecticut State Agencies

Hearing Officer: Patrice P. Kelly

Date of Hearing: September 8, 2005

On July 14, 2005, the Commissioner of the Department of Environmental Protection ("Commissioner" and "Department," respectively) signed a notice of intent to amend section 22a-174-24(i) of the Regulations of Connecticut State Agencies ("R.C.S.A."). Pursuant to such notice, a public hearing was held on September 8, 2005, with the public comment period for the proposed amendment closing on September 9, 2005.

I. Hearing Report Content

As required by section 4-168(d) of the Connecticut General Statutes ("C.G.S."), this report describes the amendment as proposed for hearing; the principal reasons in support of the proposed amendment; all comments made and responses thereto regarding the proposed amendment; and the final wording of the proposed amendment.

This report also includes in Section II a statement in accordance with C.G.S. section 22a-6(h).

II. Federal Standards Analysis in Compliance with Section 22a-6(h) of the General
Statutes Pursuant to the provisions of C.G.S. section 22a-6(h), the Commissioner is authorized to adopt regulations pertaining to activities for which the federal government has adopted standards or procedures. At the time of public notice, the Commissioner must distinguish clearly all provisions of a proposed regulation or amendment that differ from applicable federal standards or procedures (i.e., federal standards and procedures that apply to the same persons under the proposed state regulation or amendment). The Commissioner must distinguish any such provisions either on the face of such proposed regulation or amendment or through supplemental documentation accompanying the proposed regulation or amendment. In addition, the Commissioner must provide an explanation for a!l such provisions in the regulation-making record required under Title 4, Chapter 54 of the C.G.S. and make such exp!anatioln_ publicly available at the time of the notice of public hearing required under C.G.S. section 4-168.

(Printed on Recycled Paper )
79 Elm Street ° Hartford, CT 06106- 5127

http://dep.state.ct.us An Equal Opportunity Employer

### In accordance with the requirements of C.G.S. section 22a-6(h), the following statement was

available at the time of the notice of the public hearing and was entered into the administrative record in the matter of the proposed amendment of R.C.S.A. section 22a-174-24(i) ("Section 24(i)"):

The Department has performed a comparison of the proposed amendment to Section 24(i) with applicable analogous federal provisions, namely standards and procedures in 40 Code of Federal Regulations ("CFR") 50.9 and 50.10. Based on its review of these federal regulations, the Department has determined that the requirements of C.G.S. section 22a-6(h) do not apply to any provision of the proposed amendment because the provisions of the amendment are the same as analogous federal standards and procedures.

The current state regulation consists of the primary and secondary ambient air quality standards for the 1-hour ozone standard under the archaic heading "photochemical oxidants."

The proposed amendment changes the heading to "ozone standards" and adds the federal primary and secondary standards for 8-hour ozone, thereby making the text of the state standard
consistent with 40 CFR 50.9 and 50.10.

III. Summary and Text of the Amendment as Proposed The proposed amendment updates the current Connecticut Ambient Air Quality Standards to include the 8-hour ozone standard that was promulgated by the U.S. Environmental Protection Agency (EPA) in July 1997. The amendment also restates the existing I-hour ambient air quality standard for ozone in a manner consistent with the format of the Federal standard found
in 40 CFR 50.9 and 50.10.

The text of the proposed amendment is located in Attachment 1 to this report.

IV. Principal Reasons in Support of the Proposed Amendment The amendment proposes two changes to make the state ozone standards consistent with the federal standards and regulations: 1) it corrects the outdated language in the I-hour ozone standard, making it consistent with 40 CFR 50.9; and 2) it adopts the federal 8-hour ozone standard, which was promulgated 1997 and is found in 40 CFR 50.10. Adoption of the 8-hour ozone standard better protects public health because the 8-hour monitoring period better reflects the exposure of those who regularly work or engage in recreation outdoors.

V. Principal Considerations in Opposition to the Proposed Amendment No comments opposed the adoption of the proposed amendment.

VI. Summary of Comments The only submitted comment is summarized below with the Department’s responses. The comment was provided by David Conroy, Chief, Air Programs Branch, EPA Region 1, One Congress Street, Suite 1100, Boston, MA 02114-2023.

### 1. Comment: EPA does not comment on the proposed regulation but suggests that the

Department consider deleting Section 22a-174-24(j), entitled "Connecticut Primary and Secondary Ambient Air Quality Standards for Hydrocarbons," since that section is no longer relevant in light of changes to section 22a-174-24(i).

Response: The Department appreciates EPA’s recommendation that the Department delete Section 22a-174-24(j), but the Department should not make that revision at this time. While such a deletion may be appropriate, EPA’s suggested deletion pertains to a section of the regulations that is not within the noticed subject matter of this proceeding. The Department should consider including such a deletion in a future rule making

VII. Final Text of Proposed Amendment The final text of Section 2a(a), which is unchanged fi’om the proposed version, is located at Attachment 2 to this report.

VIII. Conclusion Based upon the comments submitted by interested parties and addressed in this Hearing Report, I recommend the final amendment, as contained in Attachment 2 to this report, be submitted by the Commissioner for approval by the Attorney General and the Legislative Regulations Review Committee. Based upon the same considerations, I also recommend that upon promulgation this amendment be submitted to EPA as a revision to the State Implementation Plan and the Ambient Air Quality Standards of Connecticut.



## ..-

.... . ..... Patrice P. Kelly / Hearing Officer . " Date

# Attachment 1



# Text of the Proposed
Amendment to

R. C.S.A. Section 22a- 174-



# 24(i)Section 22a-174-24(i) of the Regulations of Connecticut State Agencies is amended

to read as follows:



### (i) [Connecticut primary and secondary ambient air quality standards for photochemical oxidants. The Connecticut primary and secondary ambient air quality standard for photochemical oxidants, measured and corrected for interferences due to nitrogen oxides and sulfur dioxide, is: 235 micrograms per cubic meter (0.12 ppm) -maximum 1-hour concentration not to be exceeded more than once per year.] Connecticut primary and secondary ambient air quali .ty
standards for ozone.

Connecticut 8-hour primary and secondary ambient air quality standards for ozone.



### The level of the Connecticut 8-hour primary and secondary ambient air quality standards for ozone is 0.08 parts per million (ppm), daily maximum 8-hour average, measured by a reference method based on 40 CFR 50, Appendix D.



## (B) The Connecticut 8-hour primary and secondary ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm, as determined in accordance with 40 CFR 50, Appendix I.

(2) Connecticut 1-hour primary and secondary ambient air

quali .ty standards for ozone.

(A) 

### The level of the Connecticut 1-hour primary and secondary ambient air quality standards for ozone is 0.12 parts per million (235 ~tg/m3), measured by a reference method based on 40 CFR 50, Appendix D.

(B) The Connecticut 1-hour primary and secondary ambient air quality standards are met when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 parts per million is equal to or less than one day, as determined by 40 CFR 50, Appendix H.



## (c) The 1-hour standards set forth in subparagraphs (A) and (B) of this subdivision shall apply until such standards are revoked by the commissioner.

# Attachment 2

Final Text of the


# Amendment to
R. C.S.A. Section 22a- 174-

24(i)Section 22a-174-24(0 of the Regulations of Connecticut State Agencies is amended

to read as follows:



### (i) [Connecticut primary and secondary ambient air quality standards for photochemical oxidants. The Connecticut primary and secondary ambient air quality standard for photochemical oxidants, measured and corrected for interferences due to nitrogen oxides and sulfur dioxide, is: 235 micrograms per cubic meter (0.12 ppm) -maximum 1-hour concentration not to be exceeded more than once per year.] Connecticut primary and secondary ambient air quality
standards for ozone.



## (1)

(2) (B)



## (~

(B)



### (c) Connecticut 8-hour primary and secondary ambient air quality standards for ozone.



### The level of the Connecticut 8-hour primary and secondary_ ambient air quality standards for ozone is 0.08 parts per million (ppm), daily maximum 8-hour average, measured by a reference method based on 40 CFR 50, Appendix D.

The Connecticut 8-hour primary and secondary ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm, as determined in accordance with 40 CFR 50, Appendix I.

Connecticut 1-hour primary and secondary ambient air quality standards for ozone.



### The level of the Connecticut 1-hour primary and secondary ambient air quality standards for ozone is 0.12 parts per million (235 btg/m3), measured by a reference method based on 40 CFR 50, Appendix D.



### The Connecticut 1-hour primary_ and secondary ambient air quality standards are met when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 parts per million is equal to or less than one day, as determined by 40 CFR 50, Appendix H.

The 1-hour standards set forth in subparagraphs (A) and (B) of this subdivision shall apply until such standards are revoked by the commissioner.

## Office of Secretary of the State

State of. Connecticut 30 Trinity Street, P.O. Box 150470, Hartford, CT 06115-0470 Susan Bysiewicz Secretary of the State



### April 5, 2006

Hon. Gina McCarthy, Commissioner Department of Environmental Protection

79 Elm Street Hartford, CT 06105 

# RECEIVED

APR 0 7 2OO6

DEPT. OF ENVIRONMENTAL PROTECTION OFFICE OF ]’HE COMMISSIONER

Re: 

### Agency Regulation Concerning:

8-Hour Ozone Standard
Regulation Review Committee Docket Number: Secretary of the State File Number: 5687 2006-010

Dear Commissioner McCarthy:

This is to acknowledge receipt of two certified copies of the above referenced regulation issued by the Department of Environmental Protection.

We request that you please forward the original or a copy of this acknowledgement letter to your agency’s Legal Services Department for its files.

Said regulation was received and filed in this office on April 4, 2006. The effective date of this regulation is April 4, 2006.

One of the two copies has been forwarded to the Commission on Official Legal Publications as required by law.

Sincerely,

Barbara Sladek
RLS Assistant Coordinator
860-509-6147 

# RECEIVE©

APR 12 2U05

DEPT. OF ENVIRONMENTAL PROTECTION OFFICE OF DEPUTY COI~MISSiONER

CC: Commission on Official Legal Publications (Letter and Copy of Regulation)

File

Commercial Recording Division (860) 509-6001 fax (860) 509-6069 Legislation and Election Administration Division (860) 509-6100 .fax (860) 509-6127 General Information (860) 509-6000 State Capitol Office (860) 509-6200 fax (860) 509-6209 Deputy Secretary of the State (860) 509-6212 fax (860) 509-6131 Management & Support Services (860) 509-6190 fax (860) 509-6175

Internet Home Page www.sots.ct.govR-39 REV. 1/77

IMPORTANT: Read Instructions on bottom of Certification Page before completing this form. Failure to comply with instructions may cause disapproval of proposed Regulations. 

### STATE OF CONNECTICUT 

## REGULATION

OF

NAME OF AGENCY


### Environmental Protection Concerning

Amendment of: Section 22a-174-240), 8-Hour Ozone Standard. 

### Page lof 2 pages

Section 22a-174-24(i) of the Regulations of Connecticut State Agencies is amended to read
as follows:

(i) [Connecticut primary and secondary ambient air quality standards for photochemical oxidants. The Connecticut primary and secondary ambient air quality standard for photochemical oxidants, measured and corrected for interferences due to nitrogen oxides and sulfur dioxide, is: 235 micrograms per cubic meter (0.12 ppm) - maximum 1-hour concentration not to be exceeded more than once per year.] Connecticut primary and secondary ambient air quality standards for ozone.

(1) Connecticut 8-hour primary and secondary ambient air quality standards for ozone.

The level of the Connecticut 8-hour primary and secondary ambient air quality standards for ozone is 0.08 parts per million (ppm), daily maximum 8-hour average, measured by a reference method based on 40 CFR 50, Appendix D.

(B) 

### The Connecticut 8-hour primary and secondary ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm, as determined in accordance with 40 CFR 50, Appendix I.

(2) Connecticut 1-hour primary and secondary ambient air quality

standards for ozone.

(A) 

### The level of the Connecticut 1-hour primary and secondary ambient air quality standards for ozone is 0.12 parts per million (235 ~tg/m~), measured by a reference method based on 40 CFR 50, Appendix D.


## (B) The Connecticut 1-hour primary and secondary ambient air quality standards are met when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 parts per million is equal to or less than one day, as determined by 40 CFR 50, Appendix H.


## (c) The 1-hour standards set forth in subparagraphs (A) and (B) of this subdivision shall apply until such standards are revoked by the commissioner.

Statement of Purpose: The proposed amendment updates the current Connecticut Ambient Air Quality Standards to include the 8-hour ozone standard that was promulgated by EPA in July 1997. The amendment also restates the existing 1-hour ambient air quality standard for ozone in a manner consistent
with the format of the Federal standard.

### CERTIFICATION

R-39 REV~ 1/77 Page 2 of 2 pages

Be it known that the foregoing:
[~ Regulations [---] Emergency Regulations

Are:
I--] Adopted I~ Amended as herinabove stated 

### By the aforesaid agency pursuant to: [’-] Repealed

Section

Section 22a-174 of the General Statutes

of the General Statutes as amdnded by Public Act No.

r--] Public Act No. of the Public Acts. of the Public Acts

After Publication in the Connecticut Law Journal on

[~ Adopt I~ Amend I--]Repeal

(If appficable): I~ And the holding of an advertised public hearing on the

WHEREFORE, the foregoing regulations are hereby:

I-] Adopted I~ Amended as herinabove stated I-] Repealed August 2 nd 20 05 ,6f the notice of the proposal to:

day of Sept. 20 05 such regulations

8 th

Effective:

When filed with the Secretary of the State

(OR)

I"-] The day of 20

J DATE/f/~.j ~ In Witness Whereof:

i!...~i. ,’~kpproved by the Attorney General as to legal sufficiency

" -:-:~’in accordance with Sec. 4--169, as amen~led, C.G.S.:

[~Approved

[-"] Disapproved

I-"] Disapproqed in part, (Indicate Section Numbers disapproved only)

I-"] Rejected without prejudice.

with Sec. 4-170, as amended, of the General Statues S C~ (,,=, Co~~~ ("~:~,,,~

, Two certified copies received and filed, and one such copy forwarded to the Commission on Official Legal Publications in accordance with Section 4-172, as amended, of the General Statutes. bAtE I s,GNED (Secretaryofthe State.) 

### j n¥

INSTRUCTIONS

1. One copy of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the Attorney General for his determination of legal sufficiency. Section 4-169 of the General Statutes.

2. Seventeen copies of all’regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the standing Legislative Regulation Review Committee for its approval, Section 4-170 of the General Statues

/:.’-i~ ~L Each Regulation must be in the form intended for publication and must include the appropriate regulation section number and se(  ̄ ,~. ’ heading. Section 4-172 of the General Statutes.

4. Indicate by "(NEW)" in heading if new regulation. Amended regulations must contain new language in capital letters and deleted language in brackets. Section 4-179 of the General Statutes.