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 gvlanagement
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 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

Commissioner
CONNECTICUT 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 required 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 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 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 A
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-174-20(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 Connecticut 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 Compliance with Section 22a-6(h) of the General 
2

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 procedures 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 percent. 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, offers 
3

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 maintain 
4

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, including 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 planning 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 technical 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 would 
6

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) of 
8

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 a 
9

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 relationship 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 cleaning 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, CBIA 
10

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 technology 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, sensors 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 and costs in Connecticut of using this particular 

figure. CBIA and UTC understand that this standard 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 and 
12

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 from 
13

the transfer of waste solvent to another party shall be limited to less than 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 wasteWaste solvent shall be collected 

and stored in closed containers. Evaporation from disposal of waste degreasing 

solvent or from the transfer of waste solvent 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 following 
14

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 ground 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 recommends 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 exemption 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. Other 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 cold 

cleaners. 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 OTC 

Model 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 containing 
16

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 “special 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 Section 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 adopted 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 consistent 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. Definitions 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 definition 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 different 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, 20081

, 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, 20081

 (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, 20081

 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 date1

 to 

subsection (g)(1), as follows: 

(1) Any person who on or after January 1, 20091

 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 explained 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 not 

include 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 developing 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 efforts. Therefore, the Department should not 

revise Section 40 in response to this comment. 

 

2 To substantiate this by example of another OTR state, 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 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 reformulation and unforeseen difficulties in developing new 

product formulations to meet new VOC limitations. 

CARB has the longest history of addressing variance 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 supply 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 claims 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 the 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 difference 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 exemption 
24

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 Department 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 minimize 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 Environmental 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 Hampshire, 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 provisions 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 entered 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 requirements of 6 

 

6 These three companies are SC Johnson, Inc., Sherwin 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 manufacturer 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 requirements 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 to 
28

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 the 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 related 
29

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 lighter 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 information -- 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 adhesives, 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 Department exclude electrical cleaners from the 

proposed ban on the use of chlorinated solvents (specifically -- perchloroethylene, 

trichloroethylene and methylene chloride) in product 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 that 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, requirements 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 and 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 state 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 air 
31

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 CARB. 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 that 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, or general 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 California Consumer Products Regulations and Method 310. 
32

(6) The following additional requirements shall apply to adhesive removers, electrical 

cleaners and graffiti removers: 

(A) Except 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 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; and 

(B) Adhesive removers, electrical cleaners or graffiti removers that contain 

methylene 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. EPA’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 leather 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/polycarbonate 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 coating” 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 MILA-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 Conservation” 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 adhesives; 

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 product 
35

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. 

PRODUCT 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 MVOC 
36

PRODUCT 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 10 
37

PRODUCT 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 5 
38

PRODUCT 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;” and 
39

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) establishes 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 restrictions 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 requirements 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 Department 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) addresses 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 interaction 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 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. 

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 manufacturers 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 Department modify Section 41 to clarify that 

end-users of AIM coatings that have an internal transaction/disbursement process to manage 
42

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 readily 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) 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 

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. 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 as 
45

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, ragging 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 Hampshire 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 Department 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 Regulations 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 Officer 
Attachment 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 17th 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 17th 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, 12th Floor 

 Arlington, VA 22209 

5. Andrew Hackman 

 Automotive Specialty Products Alliance (ASPA) 

 900 17th 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 London 
Groton, 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 06410 
Attachment 2

Text of Proposed Regulations

See http://www.dep.state.ct.us/air2/regs/index.htm
Attachment 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, manufacture 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, manufacture 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 parts 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 provided [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 internal type cannot fit into the cleaning 

system. 

(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 solvent in closed 

containers. 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.

(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 the confines of the cold cleaning unit.

[(G) Install one of the following control devices if the solvent vapor 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 degrees 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 insoluble 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 commissioner 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 elevation as the tank lip. 

[(I)](H) Do not operate the unit upon the occurrence of any visible 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 the 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 that has a vapor pressure less than or 

equal to 1.0 mmHg at 20 degrees Celsius. 

(L) Shall not clean sponges, fabric, wood, leather, paper 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 ventilation greater than or equal to fifteen 

(15) cubic meters per minute per square 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 carbon adsorption system required in this 

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

(B) Provide the following safety switches: 

(i) A condenser flow switch and device [which] that shuts off the sump heat 

if the condenser coolant is not circulating 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 party, such that greater than 

twenty (20) percent of the waste degreasing 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 continuous web part, operated and maintained such that no 

visible solvent film remains 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 tunnel, rotating basket, or other equivalent method to prevent 

cleaned parts from carrying out solvent liquid. 

(G) Place covers over entrances and exits immediately after conveyors and exhausts 

are shutdown, leaving them in place until just prior to start-up. 

(H) Minimize openings during operation so that entrances and exits will silhouette 

workloads with an average clearance between 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 detectible in solvent exiting the water 

separator. 

(J) Do not provide exhaust ventilation exceeding twenty (20) cubic meters per minute 

per square meter (65 cubic feet per minute per square foot) of degreasing unit 

open area, unless necessary to meet OSHA requirements. 

(K) Do not operate the unit upon the occurrence of any visible solvent leak until such 

leak is repaired. 

(L) Provide a permanent, conspicuous label 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 cleaning 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 organic compound emissions than a similar cold cleaning unit meeting 

such requirements. The [commissioner shall make such a determination based upon] written 

documentation shall include information 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 4.3kPa (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 cm2

; 

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 Regulations of Connecticut State 

Agencies is amended by adding subdivisions (7), (8) and (9), as follows: 

(NEW) 

(7) Subsections (l)(3)(F) and (l)(3)(G) of this section shall not 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 content less than 7.7 pounds per gallon; and 

(C) In addition to the records required 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 shall 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 extreme 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 shall provide to the purchaser the following 

information: 

(A) The type of solvent including a description of the solvent 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 State 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 definitions listed in this subsection shall 

apply. 

(1) “Adhesive” means any product that is applied 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, contact paper, wallpaper, shelf liners or any other 

product with an adhesive incorporated onto or in an inert substrate. 

(2) “Adhesive remover” means a product designed 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 which the spray mechanism 

is permanently housed in a non-refillable can designed for hand-held application 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. “Aerosol 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 connection with the commercial production, storage 

or processing of any animal or plant crop, exclusive 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 requiring a license under section 22a54 of the Connecticut General Statutes; 

(C) A manufacturing, mining or chemical process or in the operation of factories, 

processing plants and similar sites; or 

(D) Within the lines of, or on property necessary for the operation of, buildings such 

as hospitals, schools, libraries, auditoriums and office complexes. 

(7) “Air freshener” means any consumer product including, but not limited to, sprays, wicks, 

powders and crystals, designed for the purpose of masking odors, or freshening, cleaning, 

scenting or deodorizing the air including spray disinfectants and other products that are expressly 

represented for use as “air freshener.” “Air freshener” does not include products that are used on 

the human body, products that function primarily as cleaning products, disinfectant products 

claiming to deodorize by killing germs on surfaces, institutional and industrial disinfectants 

when offered for sale solely through institutional and industrial channels 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, crystals and cloth, paper wipes or towelettes. 

(9) "Alternative control plan" or “ACP” means 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 activity, 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 surgical scrubs. “Antimicrobial hand or body cleaner or soap” does not include prescription drug products; 

antiperspirants; astringent or toner; deodorant; facial cleaner or soap; general-use hand or body 

cleaner or soap; hand dishwashing detergent including anti-microbial, heavy-duty hand cleaner 

or soap; medicated astringent or medicated toner; or rubbing alcohol. 

(11) “Antiperspirant” means any product including, but not limited 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” means, notwithstanding the definition in section 22a-174-1 of the 

Regulations of Connecticut State Agencies, a coating applied to stationary structures and their 

appurtenances, to mobile homes, to pavements or to curbs. 

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

(15) “Astringent” or “toner” means any 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 substrate-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 cleaning 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 the 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 product 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 compound” means a product designed primarily to 

remove oxidation, old paint, scratches or swirl marks and other defects from motor vehicle 

painted surfaces without leaving a protective barrier. 
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REGULATION 

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Sec. 5

(20) “Automotive wax, polish, sealant or glaze” means a product designed to seal out 

moisture, increase gloss or otherwise enhance motor vehicle painted 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, surfactant-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 antifreeze or for the purpose of cleaning, washing or 

wetting the windshield, excluding fluids placed by the manufacturer 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 with less than five percent active ingredients that 

is designed to be ingested by insects. 

(23) “Bathroom and tile cleaner” means a product designed to clean tile or surfaces in 

bathrooms, exclusive of products specifically designed primarily to clean toilet bowls, toilet 

tanks or urinals. 

(24) “Bug and tar remover” means a product labeled to remove either or both of the following 

from painted motor vehicle surfaces without causing damage to the motor vehicle finish: 

(A) Biological-type residues 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 California Code of Regulations. 

(27) “Carburetor or fuel-injection air intake cleaners” means a product designed to remove 

fuel deposits, dirt or other contaminants from a carburetor, choke, throttle body of a fuelinjection system or associated linkages, exclusive of a product designed exclusively to be 

introduced directly into the fuel lines or fuel storage tank prior to introduction 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 rugs, 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 cleaners, dry cleaning fluids 

or products designed exclusively for use at industrial facilities engaged in furniture or carpet 

manufacturing. 

(29) “CAS” means Chemical Abstract Service. 

(30) “Charcoal lighter material” means any combustible material designed to be applied on, 

incorporated in, added to or used with charcoal to enhance ignition, excluding 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. 
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REGULATION 

OF

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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 pounds of product less packaging and container. 

(33) “Construction, panel and floor covering adhesive” means any single-component adhesive 

that is not floor seam sealer and that is designed exclusively 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 drywall or drywall laminates, fiberglassreinforced plastic, plywood, particle board, insulation board, pre-decorated 

hardboard and tile board; ceiling and acoustical 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 cushion; vinyl-backed carpet; flexible 

flooring material; non-resilient flooring material; mirror tiles and other types of 

tiles; and artificial grass. 

(34) “Consumer” means any person who purchases or acquires any consumer product for 

personal, family, household or institutional use. 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; sanitizers; aerosol paints; or automotive specialty products. Other 

paint products, furniture coatings or architectural 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 impossible, 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 intended for use on paper substrates; and 

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

(37) “Contact adhesive -- general purpose” means any contact adhesive 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 board, unprimed metal, unsupported vinyl, 

Teflon, ultra-high molecular weight polyethylene, rubber, high pressure laminate 

or wood veneer 1/16 inch or less in thickness to any porous or nonporous surface, 

and is sold in units of product, less packaging, that contain more than eight fluid 

ounces; or 
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REGULATION 

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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 substances that accomplish the purpose or purposes for 

which the product is designed or intended, and includes any article onto or into which the 

principal display panel and other accompanying literature or graphics are incorporated, etched, 

printed or attached. 

(40) “Crawling bug insecticide” means any insecticide product that is designed for use against 

ants, cockroaches or other household crawling arthropods including, but not limited to, mites, 

silverfish or spiders, and excluding any house dust mite product or any product designed to be 

used exclusively on humans or animals. For 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 household crawling arthropods. 

(41) “Date-code” means the day, month and year on which a consumer product is 

manufactured, filled or packaged or a code indicating such a date. 

(42) “Deodorant” means any product including, but not limited to, an aerosol, roll-on, stick, 

pump, pad, cream or squeeze-bottle, that is intended 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 contrivance, 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 equipment used to apply pesticides if such 

pesticides are sold separately from the device. 

(44) “Disinfectant” means any product intended to destroy or inactivate infectious or other 

undesirable bacteria, pathogenic fungi or viruses 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 pools, therapeutic tubs or hot tubs; or 

(D) As indicated on the principal display panel or label, designed primarily for use as 

bathroom and tile cleaners, glass cleaners, general purpose cleaners, 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 commerce, except that manufacturers, retailers and 

consumers are not “distributors.” 
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REGULATION 

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Sec. 5

(46) “Double-phase aerosol air freshener” means an aerosol air freshener with the liquid 

contents in two or more distinct phases that requires the product container be shaken before use 

to mix the phases, producing an emulsion. 

(47) “Dry cleaning fluid” means any non-aqueous liquid product designed and labeled 

exclusively for use on fabrics that are labeled “dry clean only” or that are S-coded fabrics and 

includes, but is not limited to, those products used by commercial dry cleaners and commercial 

businesses that clean fabrics such as draperies at the customer’s residence or work place. “Dry 

cleaning fluid” does not include 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 other soils from floors and other surfaces 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 purpose cleaner, general purpose 

degreaser, dusting aid, electronic cleaner, energized electrical cleaner, pressurized gas duster, 

engine degreaser, anti-static product 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 equipment such as circuit 

boards, and the internal components of electronic devices such as radios, compact disc (CD) 

players, digital video disc (DVD) players and computers. “Electronic cleaner” does not include 

general purpose cleaner, general purpose degreaser, dusting aid, pressurized gas duster, engine 

degreaser, electrical cleaner, energized electrical cleaner, anti-static product or products designed 

to clean the casings or housings of electronic equipment. 

(51) “Energized electrical cleaner” means a product that meets both of the following criteria: 

(1) the product is labeled to clean or degrease electrical equipment, where cleaning or degreasing 

is accomplished when electrical current exists, or when there is a residual electrical potential 

from a component, such as a capacitor; and (2) the product label clearly displays 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 product designed to remove grease, grime, oil and 

other contaminants from the external surfaces 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 product labeled for use as a waterproofer, a product designed for 

use solely on leather or a product designed for use 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 covered with fabrics such as, but not limited to, wool, cotton or nylon. 

“Fabric refresher” does not include anti-static product, carpet 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 sanitizer” means a product labeled to neutralize or 

eliminate odors on the surfaces listed in this definition and for which the label is registered as a 

sanitizer under FIFRA. 
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REGULATION 

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Environmental Protection

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-solids, liquids, lotions and substrateimpregnated forms; and excludes prescription drug products, antimicrobial hand or body cleaner 

or soap, astringent, toner, general-use hand or body cleaner or soap, medicated astringent, 

medicated toner or rubbing alcohol. 

(56) “Fat wood” means pieces of wood kindling with high levels of sap or resin that enhance 

ignition of the kindling, and excludes any kindling with substances added to enhance 

flammability, such as wax-covered or wax-impregnated wood-based products. 

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

(58) “FIFRA” means the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC sections 

136 et. seq. 

(59) “Flea and tick insecticide” means any insecticide product that is designed for use against 

fleas, ticks, their larvae or their eggs, exclusive of products designed 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 that is labeled and designed 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 remover" means a product designed or labeled to 

remove floor or wall coverings and associated adhesive from the underlying substrate. 

(63) “Floor polish or wax” means a wax, polish or any other product designed to polish, 

protect or enhance floor surfaces by leaving a protective coating that is designed to be 

periodically replenished, exclusive of spray buff products, products designed solely for the 

purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors 

and coatings subject to architectural coatings regulations. 

(64) “Floor seam sealer” means any product designed and labeled exclusively for bonding, 

fusing, sealing or coating seams between adjoining pieces of installed flexible sheet flooring. 

(65) “Floor wax stripper” means a product designed to remove natural 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” means any insecticide product that is designed for use against 

flying insects or other flying arthropods, including, 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 suitable for use against flying insects or other 

flying arthropods. 
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REGULATION 

OF

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Environmental Protection

Sec. 5

(67) "Footwear or leather care product" means any product designed or labeled to be applied 

to footwear or to other leather articles or components, to maintain, enhance, clean, protect or 

modify the appearance, durability, fit or flexibility of the footwear or leather article or 

component. Footwear includes both leather and non-leather foot apparel. “Footwear or leather 

care product” does not include fabric protectant, general purpose adhesive, contact adhesive, 

vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, products 

solely for deodorizing or sealant products with adhesive 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 components, the sole purpose of which is to impart an odor or scent or 

to counteract a malodor.

(69) “Furniture coating” means any paint designed for application to room furnishings 

including, but not limited to, kitchen, bath and vanity cabinets; tables; chairs; 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 wood surfaces other than 

floors but does not include dusting aids, wood cleaners, products designed 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 locking 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 gasket remover or thread locking 

adhesive remover. 

(72) “Gel” means a colloid in which the disperse 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 and floor covering adhesives; 

(C) Adhesives designed exclusively for application 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, weather-stripping or carpets. 

(74) "General purpose adhesive remover" means a product designed or labeled to remove 

cyanoacrylate adhesives and non-reactive adhesives or residue from a variety of substrates. 

“General purpose adhesive remover” does not include floor or wall covering adhesive remover. 

(75) “General purpose cleaner” means a product designed for general all-purpose cleaning, in 

contrast to cleaning products 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. 
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Sec. 5

(76) “General purpose degreaser” means any product 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, adhesive remover, electronic cleaner, electrical cleaner, energized 

electrical cleaner, metal polish, metal cleanser, products used exclusively 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 and soils. “General-use hand or 

body cleaner or soap” includes, but is not limited to, hand or body wash, dual-purpose shampoobody cleaner, shower or bath gel and moisturizing cleaner or soap; and excludes prescription 

drug product, anti-microbial hand or body cleaner or soap, astringent, toner, facial cleaner or 

soap, hand dishwashing detergent, anti-microbial hand washing detergent, heavy-duty hand 

cleaner or soap, medicated astringent, medicated toner or rubbing alcohol. 

(78) “Glass cleaner” means a cleaning product designed primarily for cleaning surfaces made 

of glass and does not include products designed solely for the purpose of cleaning optical 

materials used in eyeglasses, photographic equipment, scientific 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 variety of non-cloth or non-fabric substrates. “Graffiti 

remover” does not include paint remover or stripper, nail polish remover or spot remover. 

“Graffiti remover” includes products labeled for dual use as both a paint stripper and graffiti 

remover. 

(80) “Hair mousse” means hairstyling foam designed to facilitate styling of a coiffure and 

provide holding power. 

(81) “Hair shine” means any product designed for the primary purpose of creating a shine 

when applied to the hair, including, but not limited to, dual-use hair styling product, products 

designed primarily to impart a sheen to the hair, and excluding hair 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 consumer product that is applied to styled 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 products 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 styled hair for a period of time. For the purposes 

of this definition, "styling" means the forming, sculpting or manipulation of the hair to alter 

temporarily the hair's shape. 
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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, shaping, lifting, styling or sculpting 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, spray gel, stick, temporary hair 

straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle 

and leave-in volumizers, detanglers or conditioners that make styling claims. “Hair styling 

product” does not include hair mousse, 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 previously styled hair for a period of time; and 

“styling” means the forming, sculpting or manipulation 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, shellac, 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, facial cleaner or soap, general-use hand or body cleaner or soap, 

medicated astringent, medicated toner or rubbing alcohol. 

(85) “Herbicide” means a pesticide product designed to kill or retard a plant’s growth, but 

excludes a product labeled for agricultural use and restricted material 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 20o

C. 

(87) “Household product” means any consumer product designed for use inside or outside 

living quarters or residences, inclusive of the immediate surroundings, which are occupied or 

intended for occupation by individuals. 

(88) “Insecticide” means a pesticide product that is designed for use against insects or other 

arthropods, but excluding 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 require a permit for use and possession. 

(89) “Insecticide fogger” means any insecticide product designed to release all or most of its 

content, in the form of a fog or mist, into indoor areas during a single application.

(90) “Institutional product" or “industrial and institutional 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, automobile service and parts center, 

health club, theater or transportation 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 public, educational or 

charitable cause. 
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Sec. 5

(91) “Label” means any written, printed, or graphic 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 branding, identifying or giving information with 

respect to the product or to the contents of the package. 

(92) “Laundry prewash” means a product that is designed for application to a fabric prior to 

laundering and that supplements and contributes to the effectiveness of laundry detergents or 

provides specialized performance. 

(93) “Laundry starch product” means a product that is designed for application to a fabric, 

either during or after laundering, to impart and prolong a crisp look that may also act to help ease 

ironing of the fabric. “Laundry starch product” includes, but is not limited to, fabric finish, 

sizing and starch. 

(94) “Lawn and garden insecticide” means an insecticide 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 powders 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 immovable 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 chemical 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 20o

C; 

(B) Is a chemical compound with more than 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 216o

C; or 

(D) Is the weight percent of a chemical mixture that boils above 216o

C. 
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Sec. 5

For the purposes of this definition, "chemical compound" means a molecule of definite chemical 

formula and isomeric structure, and "chemical mixture" means a substrate comprised of two or 

more chemical compounds. 

(98) “Manufacturer” means any person who imports, 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 purpose of cleaning or tightening pores, and includes, 

but is not limited to, clarifiers and substrate-impregnated products. “Medicated astringent” or 

“medicated toner” does not include hand, face, or body cleaner or soap products, astringent or 

toner, cold cream, lotion, antiperspirants or products that must be purchased with a doctor’s 

prescription. 

(100) “Medium volatility organic compound” or “MVOC” means any volatile organic 

compound that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg 

when measured at 20o

C. 

(101) “Metal polish/cleanser” means any product designed 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 surfaces. “Metal polish/cleanser” includes, but is 

not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other 

ornamental metals and does not include: automotive wax, polish, sealant or glaze; wheel cleaner; 

paint remover or stripper; products designed and labeled exclusively for automotive and marine 

detailing; or products designed for use in degreasing tanks. 

(102) “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. 

(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 polytetrafluoroethylene or closely related 

fluoropolymer (“Teflon”) on surfaces; and 

(B) Designed for general purpose lubrication, or for use in a wide variety of 

applications. 

(104) “Multi-purpose lubricant” means any lubricant designed for general 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 organic liquid designed to be used for a variety of 

purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing or 

dissolving other organic materials, including solvents used in institutional facilities, except for 

laboratory reagents used in analytical, educational, research, scientific 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 manufacture or construction of, the goods or commodities at the site of 

the establishment. 
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REGULATION 

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Environmental Protection

Sec. 5

(106) “Nail polish” means any clear or colored coating designed for application to the 

fingernails or toenails and including, but not limited to, lacquers, enamels, acrylics, base coats 

and top coats. 

(107) “Nail polish remover” means a product designed to remove nail polish and coatings from 

fingernails or toenails. 

(108) “Non-aerosol product” means any consumer product that is not dispensed by a 

pressurized spray system. 

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

atoms. 

(110) “Non-resilient flooring” means flooring of a mineral content that is not flexible, including 

terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete. 

(111) “Non-selective terrestrial herbicide” means a herbicide product 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 any cleaning product designed to clean by removing dried food 

and other deposits from oven interiors. 

(115) “Paint” means any pigmented liquid, liquefiable or mastic composition designed for 

application to a substrate in a thin layer, which is converted to an opaque solid film after 

application and is used for protection, decoration or identification, or to serve some functional 

purpose such as the filling or concealing of surface irregularities or the modification of light and 

heat radiation characteristics. 

(116) “Paint remover or stripper” means any product designed to strip or remove paints or other 

related coatings, by chemical action, from a substrate without markedly affecting the substrate. 

“Paint remover or stripper” does not include: 

(A) Multi-purpose solvents; 

(B) Paint brush cleaners; 

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

(D) Hand cleaner products that claim to remove 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 rusting, 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. 
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REGULATION 

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Sec. 5

(119) "Pressurized gas duster" means a pressurized product labeled to remove dust from a 

surface solely by means of mass air or gas flow, including surfaces such as photographs, 

photographic film negatives, computer keyboards and 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 parts, 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 normal and customary conditions of display or 

purchase.

(121) “Product brand name” means the name of the product exactly as it appears on the 

principal display panel of the product. 

(122) “Product form” means the form that most 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 material from the same self-pressurized container or 

from a separate container. 

(124) “Pump spray” means a packaging system in which the product ingredients 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 product was “manufactured for” or “distributed by,” as noted on the 

label. 

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

FIFRA. 

(127) “Retailer” means any person who sells, supplies 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 antiperspirant or deodorant dispensed by rolling a wetted 

ball or wetted cylinder on the affected area. 

(130) “Rubber and vinyl protectant” means any product 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. “Rubber 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 containing isopropyl alcohol or denatured ethanol 

and labeled for topical use, usually 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 Joint Industry Fabric Standards and Guidelines 

Committee. 
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REGULATION 

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Sec. 5

(133) “Sealant and caulking compound” means any product with adhesive properties that is 

designed to fill, seal, waterproof or weatherproof gaps or joints between two surfaces, and 

excluding the following products: 

(A) Roof cements and roof sealants; 

(B) Insulating foams; 

(C) Removable caulking compounds, which, for the purposes of this subdivision, 

means a compound that temporarily seals windows 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 contains 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 that 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” does not include shaving gel. 

(136) “Shaving gel” means an aerosol product that dispenses a post-foaming semi-solid 

designed to be used with a blade, cartridge razor or other wet-shaving 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 exclusively to release manufactured products from molds and that is 

designed and labeled as follows: 

(A) To provide lubricity primarily through the use of silicone compounds including, 

but not limited to, polydimethylsiloxane; and 

(B) For general purpose lubrication, or for use 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 does not require that the product container be 

shaken before use. 

(139) “Solid” means a substance or mixture of substances that, either whole or subdivided as in 

the case of particles comprising a powder, is not capable of visually detectable flow as 

determined under ASTM D-4359-90. 
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REGULATION 

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Sec. 5

(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 applications 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 with at least five percent, by weight, of plasticizer 

content to substrates; 

(D) Polystyrene foam adhesive, an aerosol adhesive designed to bond polystyrene 

foam to substrates; 

(E) Automotive headliner adhesive, an aerosol 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 adhesive, an aerosol adhesive designed for: 

(i) Touch-up or repair of items laminated 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, synthetic 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 hardener 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 fabric that does not require subsequent 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 designed to restore a worn floor finish in 

conjunction with a floor buffing machine and special pad. 

(145) “Stick product” means any antiperspirant or deodorant that contains active ingredients in 

a solid matrix form and that dispenses the active ingredients by frictional action on the affected 

area. 
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REGULATION 

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Environmental Protection

Sec. 5

(146) “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-181D (Type 1, Grade A). 

(147) “Tire sealant and inflator” means any pressurized product that is designed to inflate and 

seal a leaking tire for a short period of time. 

(148) “Toilet/urinal care product" means any product designed or labeled to clean or deodorize 

toilet bowls, toilet tanks or urinals. For the purpose of this definition, “toilet bowls, toilet tanks 

and urinals” include, but are not limited to, toilets or urinals connected to permanent plumbing in 

buildings and other structures, portable 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 product including, but not limited to, a rubberized, 

mastic or asphaltic product designed to impart a protective, non-paint layer to the undercarriage, 

trunk interior or the firewall of motor vehicles to prevent the formation of rust or to deaden 

sound. 

(150) “Vinyl/fabric/leather/polycarbonate 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 insecticide 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 intended insects or their hiding place. 

(153) “Waterproofer” means a product that is not a fabric protectant and that is designed and 

labeled exclusively to repel water from fabric or leather substrates. 

(154) “Wax” means a material or synthetic thermoplastic substance generally composed of high 

molecular weight hydrocarbons or high molecular weight 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 carnuba wax and beeswax, substances of a mineral 

origin such as ozocerite and paraffin and synthetic polymers such as polyethylene. 

(155) “Web spray adhesive” means any aerosol adhesive that is not a mist spray or special 

purpose spray adhesive. 

(156) "Wood cleaner" means a product labeled to clean wooden materials including but not 

limited to decking, fences, flooring, logs, cabinetry and furniture. “Wood cleaner” does not 

include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, 

floor polish or wax or products designed and labeled exclusively to preserve or color wood. 

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

(b) Applicability. 

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

after 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. 
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REGULATION 

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Environmental Protection

Sec. 5

(c) Exemptions. 

(1) This section shall not apply to any consumer product manufactured in Connecticut for 

shipment, sale and use outside of Connecticut. 

(2) This section shall not apply to a manufacturer or distributor who sells, 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 manufacturer or distributor makes and 

keeps records demonstrating: 

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

and 

(B) The manufacturer or distributor has taken reasonable precautions to assure that 

the consumer product is not distributed 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 product for which the manufacturer obtains 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: 

(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. 

(5) This section shall not apply 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 exemption 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 apply to any manufacturer for any product that 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 
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REGULATION 

OF

NAME OF AGENCY 

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 pursuant 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 antiperspirants 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 ten carbon atoms per molecule and for which 

the vapor pressure is unknown, or that have a vapor pressure of 2 mm Hg or less 

at 20°C, and 

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

(9) The VOC content limits specified in Table 40-1 of this section shall not apply to 

fragrances up to a combined level of two percent by weight contained in any consumer product. 

(10) The VOC content limits specified in Table 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 content limits of this section and additional 

requirements in subsection (d) shall not apply. 

(12) The VOC content limits specified in Table 40-1 of this section shall not apply to air 

fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs or 

exempted under subdivision (10) of this subsection. 

(13) The VOC content limits specified in Table 40-1 of this section shall not apply to air 

fresheners and insecticides containing at least 98 percent paradichlorobenzene. 

(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 specified 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 covering 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 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. 
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REGULATION 

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Environmental Protection

Sec. 5

(d) Standards. 

(1) Except as provided in subsection (c) of this section, no person shall sell, supply or offer 

for sale in the state of Connecticut any consumer product manufactured on or after January 1, 

2009 or, on or after January 1, 2009, manufacture for sale in the state of Connecticut any 

consumer product, unless such consumer product complies with the applicable VOC content 

limits specified in Table 40-1 of this section 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, “minimum recommended dilution” shall not 

include recommendations for incidental use of a concentrated product for limited 

special applications such as hard-to-remove soils or stains. 

(3) No person shall sell, supply or offer for sale in Connecticut after January 1, 2009 any 

charcoal lighter material product unless at the time of the transaction, such person possesses 

documentation showing that such product has been issued a currently effective 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 trichloroethylene. If an aerosol adhesive: 

(A) Is sold as a special purpose spray adhesive, the product label shall indicate that 

the adhesive is suitable only for substrates 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 definition of special purpose spray adhesive in 

subsection (a) of this section, then the product shall be classified as either a web 

spray adhesive or a mist spray adhesive; and 

(B) Meets more than one of the classifications 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 adhesive, electronic cleaner, footwear or leather care product, 

general 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. 
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Sec. 5

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

consumer product for which a standard is specified in subdivision (1) of this subsection if such 

consumer product contains any of the ozone depleting 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 ozone 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 identified by CARB in 17 

CCR 93000 as a toxic air contaminant. 

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

solid air freshener or toilet/urinal care product that contains para-dichlorobenzene. 

(9) If a representation is made on the display panel of any consumer product, except a 

general purpose cleaner, an antiperspirant 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 freshener, 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 representations about, a product's fragrance and ability 

to deodorize resulting from surface application shall not constitute a claim of air freshening. 

(e) Container labeling. 

(1) Each manufacturer of a consumer product subject to subsection (d) of this section shall 

clearly display on each consumer product container 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 shall be readily observable on the container 

without disassembling the container or packaging; and 

(B) The date or date-code shall be displayed on each consumer product container or 

package no later than January 1, 2008. 

(2) No person shall erase, alter, deface or otherwise remove or make illegible any date or 

date-code from any regulated product container prior to final sale of the product without the 

express authorization of the manufacturer. The requirements of this subdivision shall not apply 

to products containing no VOCs or containing 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 explanation 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: 
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Sec. 5

(A) The aerosol adhesive category as specified 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 special purpose spray adhesive, the applicable 

substrate, the application or an abbreviation of the substrate 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 wax 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 “medium build-up” may or may not appear on 

the label; and 

 (B) If intended for removal of heavy build-up of polish, the label shall specify a 

dilution ratio for heavy build-up of polish that results in an as-used VOC 

concentration of twelve percent (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 container for any adhesive remover, electronic 

cleaner, electrical cleaner or contact 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 shall possess documentation that such consumer 

product was tested to determine compliance with the applicable VOC content limits in Table 40-

1 of this section prior to being offered for sale in Connecticut. 

(2) Testing as required by subdivision (1) of this subsection shall 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 consumer product or its emissions. 
R-39 REV. 1/77 STATE OF CONNECTICUT Page 29 of 53 pages

REGULATION 

OF

NAME OF AGENCY 

Environmental Protection

Sec. 5

(3) VOC content calculated from product formulation and records shall use the following 

equation: 

VOC Content = B-C x 100 

 A 

Where: 

A = total weight of unit (excluding container and packaging). 

B = total weight of all VOCs per unit. 

C = total weight of VOCs exempted 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 compliance 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 made 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 accordance with this subsection 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 adhesive 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 certification requirements for charcoal lighter 

material shall be performed using the procedures specified in the South Coast Air Quality 

Management District Rule 1174 Ignition Method 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 necessary, to determine if a chemical compound 

or mixture satisfies one of the criteria as a “LVP-VOC” as defined 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 product 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: 
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REGULATION 

OF

NAME OF AGENCY 

Environmental Protection

Sec. 5

 (A) Made available to the commissioner and the Administrator to inspect and copy 

upon request; and 

 (B) Maintained for five (5) years from the date such record is created. 

(4) No person shall create, alter, 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, processes or records created in connection with 

product manufacture. 

(h) Reporting. 

(1) Upon written notice, the commissioner may 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 previous three years, Connecticut sales in 

pounds per year, to the nearest 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, comprised 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 contain 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 percent (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 compounds or LVP-VOCs, and 

(vii) Total paradichlorobenzene; 
R-39 REV. 1/77 STATE OF CONNECTICUT Page 31 of 53 pages

REGULATION 

OF

NAME OF AGENCY 

Environmental Protection

Sec. 5

(I) The name, CAS number and percent weight of each VOC constituent in the 

product; 

(J) The name and CAS number of any exempt compounds in the product; 

(K) If applicable, the weight percent comprised of propellant 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 this 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 this section and contain 

perchloroethylene or methylene chloride, the commissioner may require, upon 90 days written 

notice, the responsible party to report the following 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 subparagraph (C) of this subdivision, the total 

sales in Connecticut during the reported year, to the nearest pound, exclusive of 

the container or packaging, and the method used for calculating the Connecticut 

sales; and 

(E) The weight percent, to the nearest 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 the product contains one percent (1.0%) or more by 

weight, exclusive of the container or packaging, of either perchloroethylene or methylene 

chloride. 

(4) Any document submitted to the commissioner pursuant to this section shall include a 

certification signed by an individual identified in section 22a-174-2a(a)(1) of the Regulations of 

Connecticut State Agencies, and by the individual or individuals responsible for actually 

preparing such document, each of whom shall examine and be familiar with the information 

submitted in the document and all attachments thereto, and shall inquire of those individuals 

responsible for obtaining the information to determine that the information is true, accurate, and 

complete, and each of whom shall certify in writing as follows: 

“I have personally examined and am familiar with the information submitted in this 

document and all attachments thereto, and I certify that based on reasonable 

investigation, including my inquiry of those individuals responsible for obtaining the 

information, the submitted information is true, accurate and complete to the best of my 

knowledge and belief. I understand that any false statement made in the submitted 

information may be punishable as a criminal offense under section 22a-175 of the 

Connecticut General Statutes, under section 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

NAME OF AGENCY 

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 direct sales data for 

Connecticut are not available, sales may be estimated by prorating national or regional sales data 

by population. 

(i) Severability. 

Each provision of this section is deemed severable, 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

NAME OF AGENCY 

Environmental Protection

Sec. 5

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

PRODUCT 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) 3 
R-39 REV. 1/77 STATE OF CONNECTICUT Page 34 of 53 pages

REGULATION 

OF

NAME OF AGENCY 

Environmental Protection

Sec. 5 

PRODUCT 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) 20 
R-39 REV. 1/77 STATE OF CONNECTICUT Page 35 of 53 pages

REGULATION 

OF

NAME OF AGENCY 

Environmental Protection

Sec. 5 

PRODUCT 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 4 
R-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) CFC-12 (dichlorodiflouromethane) 

CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane) CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-

difluoroethane) 

CFC-115 (chloropentafluoroethane) halon 1211 (bromochlorodifluoromethane) 

halon 1301 (bromotrifluoromethane) halon 2402 (dibromotetraflouroethane) 

HCFC-22 (chlorodifluoromethane) 

HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane) HCFC-124 (2-chloro-1,1,1,2- 

tetrafluoroethane) 

HCFC-141b (1,1-dichloro-1-fluoroethane) HCFC-142b (1-chloro-1,1-difluoroethane) 

1,1,1-trichloroethane carbon tetrachloride 
R-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 State 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 pressurized coating product containing 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 structural 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 stationary structure coated at the site of 

installation, whether installed or detached, including but not limited to: bathroom and kitchen 

fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air 

conditioning equipment, and other fixed mechanical equipment or stationary tools; lampposts; 

partitions; pipes and piping systems; rain gutters 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 installation, to portable buildings at the site of installation, to 

pavements, or to curbs. Coatings 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 Society for Testing and Materials. 

(8) “BAAQMD” means the Bay Area Air Quality Management District, a part of the 

California Air Resources Board, which is responsible for the regulation of air quality in the state 

of California. 

(9) “Bitumens” means black or brown materials including, but not limited to, asphalt, tar, 

pitch and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are 

obtained from natural deposits or as residues from the distillation of crude petroleum or coal. 

(10) “Bituminous roof coating” means a coating that 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 formulated for application between layers of 

concrete to prevent a freshly poured 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, solvent-borne coatings formulated and recommended 

specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates. 

(14) "CAS" means Chemical Abstract Service. 

(15) “Clear brushing lacquers” means clear wood finishes, excluding clear lacquer sanding 

sealers, formulated with nitrocellulose or synthetic resins to dry by solvent 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” means a clear and semi-transparent coating, including lacquers and 

varnishes, applied to a wood substrate, to provide a transparent or translucent solid film. 

(17) “Coating” means a material applied onto or impregnated into a substrate for protective, 

decorative or functional purposes. Such materials include, but are not limited to, paints, 

varnishes, sealers and stains. 

(18) “Colorant” means concentrated pigment dispersion in water, solvent or binder that is 

added to an architectural coating 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 retard 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 away 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 designed for professional 

application to wood flooring. This film formation is the result of an acid-catalyzed condensation 

reaction, affecting a transetherification at the reactive 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 subsequent contact with incidental surfaces in the 

vicinity of the surface coating activity. 

(23) “Exempt compound” means a compound identified 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” means 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 formulated to retard ignition and 

flame spread. 

(27) “Flat coating” means a coating 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 formulated for application to 

flooring, including, but not limited to, decks, porches, steps and other horizontal surfaces which 

may be subjected to foot traffic. 

(29) “Flow coating” means a coating labeled and formulated exclusively for use to maintain 

the protective coating systems present 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 concrete 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 labeled and formulated for handapplication using brush or roller techniques to indoor and outdoor signs, excluding 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 continuously or intermittently to temperatures above 204OC 

(400OF). 

(33) “Impacted immersion coating” means a high performance maintenance coating 

formulated and recommended for application to steel structures 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” means a high performance architectural coating, 

including primers, sealers, undercoaters, 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 interior surfaces to moisture condensation; 

(B) Acute or chronic exposure to corrosive, caustic or acidic agents, or to chemicals, 

chemical fumes, or chemical mixtures or solutions; 

(C) Repeated exposure to temperatures above 121OC (250OF); 

(D) Repeated and frequent heavy abrasion, including mechanical wear and repeated 

and frequent scrubbing with industrial solvents, cleansers or scouring agents; or 

(E) Exterior exposure of metal structures and structural components. 

(35) "Lacquer" means a clear or opaque wood coating, including clear lacquer 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" means a coating containing 0.12 kilogram or less of solids per liter 

(one pound or less of solids per gallon) of coating material. 

(37) "Magnesite cement coating" means a coating 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 formulation 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 but are 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 indicated on the label or lid of the coating 

container. 

(40) “Mastic texture coating” means a coating labeled and formulated to cover holes and 

minor cracks and conceal surface irregularities, which is applied in a single coat of at least 10 

mils (0.010 inch) dry film thickness.

(41) “Metallic pigmented coating” means a coating 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 meter 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, including highways, bridges, airports and railroads; 

facilities used in mining activities, including petroleum extraction; and utilities infrastructure, 

including power generation and distribution, and water treatment 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 coatings are resistant to long-term (service life) cumulative radiation 

exposure, relatively easy to decontaminate and resistant to various chemicals to which such 

coatings are likely to be exposed. 

(47) “NYSDEC” means the New York State Department of Environmental Conservation. 

(48) “Pesticide Management Program” means the pesticide registration, permitting and 

certification program administered by the State of Connecticut Department of Environmental 

Protection. 

(49) “Post-consumer coating” means a finished coating 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 primer 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 formulated 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 from the container under normal conditions 

with ambient temperatures between 16O and 27OC (60O and 80OF); 

(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 consisting of post-consumer coating. 

(55) “Roof coating” means a non-bituminous coating labeled and formulated exclusively for 

application to roofs for the primary purpose of preventing penetration of the substrate by water 

or reflecting heat and ultraviolet radiation. “Roof coatings” containing metallic pigment shall be 

defined as “metallic pigmented coatings” for the purposes of this section. 

(56) “Rust preventive coating” means a coating formulated exclusively for nonindustrial use 

to prevent the corrosion of metal surfaces. 

(57) “Sanding sealer” means a clear or semi-transparent wood coating 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 coatings. A “sanding sealer” that also meets the 

definition of a lacquer is not included in this category, but it is included in the lacquer category. 

(58) “SCAQMD” means the South Coast Air Quality Management District, a part of the 

California Air Resources Board, which is responsible for the regulation of air quality in the state 

of California. 

(59) “Sealer” means a coating labeled and formulated for application to a substrate for one or 

more of the following purposes: to prevent subsequent coatings from being absorbed by the 

substrate, or to prevent harm to subsequent coatings by materials in the substrate. 

(60) “Secondary coating” means a fragment of a finished coating or a finished coating from a 

manufacturing process that has converted resources into a commodity of real economic value, 

but does not include excess virgin resources of the manufacturing process. 

(61) “Shellac” means a clear or opaque coating formulated solely with the resinous secretions 

of the lac beetle (Laciffer lacca), thinned with alcohol and formulated 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 manufacturing 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 undercoater” means a coating that is formulated for 

application to a substrate to seal 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 labeled and formulated to coat the interior of 

swimming pools and resist swimming pool chemicals. 

(67) “Swimming pool repair and maintenance coating” means a rubber-based coating labeled 

and formulated to be used over existing rubber-based 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 for the purpose of monitoring the temperature and safety of the 

substrate, underlying piping or underlying equipment, and for application to substrates exposed 

continuously or intermittently to temperatures above 204OC (400OF). 

(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 rubbers in the total resin solids 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 added, after packaging in 

sale units, to produce a desired color. 

(71) “Traffic marking coating” means a coating labeled and formulated for marking and 

striping streets, highways, or other traffic surfaces including, but not limited to, curbs, berms, 

driveways, parking lots, sidewalks and airport runways. 

(72) “Undercoater” means a coating labeled and formulated to provide a smooth surface for 

subsequent coatings. 

(73) “Varnish” means a clear or semi-transparent wood coating, excluding lacquers and 

shellacs, formulated to dry by chemical reaction. “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 labeled 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 sealing concrete and masonry to provide resistance 

against water, alkalis, acids, ultraviolet light and staining. 

(77) “Wood preservative” means a coating labeled 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, 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 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.

(c) Exemptions and exceptions. 

(1) This section shall not apply to any architectural coating manufactured in the state of 

Connecticut for shipment, sale and use outside 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 coating complies with any 

applicable VOC standard in effect at the time 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 architectural coating that is sold in a container with a 

volume of one liter (1.057 quart) or less. 

(5) As used in this section, the terms “supply” and “supplied” shall not include internal 

transfers or transactions involving architectural coatings 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 manufacture, blend or repackage for sale within the state of 

Connecticut, supply, sell or offer for sale within the state of Connecticut or solicit for application 

or apply within the state of Connecticut any architectural coating manufactured on or after May 

1, 2008 that contains VOCs in excess of the applicable VOC content limits specified in Table 41-

1. The VOC content limits of Table 41-1 apply to the grams of VOC per liter 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 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. 

(3) The requirements of subdivision (2) of this subsection shall 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, including 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 coatings and mastics; or 

(S) Wood preservatives. 

(4) All containers of coating that are applied 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 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. 

(5) No person who applies or solicits the application of any architectural coating shall add 

additional solvent to a coating if such addition causes the coating 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 rust preventive coating complies with 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 subsection (a) of this section, and the corresponding 

coating limit of Table 41-1 of this section shall apply. 

(8) Notwithstanding the provisions 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 blushing of the finish 

during days with relative humidity greater than 70% and temperature below 65OF, 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 architectural 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 dissembling the container or package; and 

(B) If the manufacturer uses a date code for 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 available for sale in Connecticut. 

(2) Thinning. On the label or lid of the container 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 recommendation shall specify 

that the coating is to be applied without thinning. 

(3) VOC content. On the label, lid or bottom of the container of an architectural 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 per liter of coating. The VOC content displayed 

shall be calculated using the manufacturer's formulation data or shall be determined using the 

calculations, procedures and test methods in subsection (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, shall display at least one of the descriptions listed in subparagraphs 

(A) through (C) of this 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 brushing 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 the label one or more of the 

descriptions listed in subparagraphs (A) through (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 quick 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 number, as shown on the 

product label and in sales and 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 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 not later than 90 days after a request. 

(3) Each manufacturer of a coating subject to this section shall, upon request of the 

commissioner, provide data concerning the distribution and sales of coatings subject to a VOC 

content limit in subsection (d) of this section. The manufacturer shall, not later than 90 days 

after receiving such a request, produce information including, but not limited to: 

(A) The name and mailing address 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 less 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 any 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 nearest 0.10 percent, of perchloroethylene and 

methylene chloride in the coating. 

(5) Each manufacturer of a recycled coating shall, on or before April 1 of each calendar year 

beginning with the year 2009, prepare and maintain an annual report that shall include the total 

number of gallons of recycled coatings distributed in Connecticut during the preceding calendar 

year and the method used to calculate the Connecticut distribution. 

(6) Any document submitted to the commissioner pursuant to this section shall include a 

certification signed by an individual identified in section 22a-174-2a(a)(1) of the Regulations of 

Connecticut State Agencies, and by the individual or individuals responsible for actually 

preparing such document, each of whom shall examine and be familiar with the information 

submitted in the document and all attachments thereto, and shall inquire of those individuals 

responsible for obtaining the information to determine that the information is true, accurate, and 

complete, and each of whom shall certify in writing as follows: 

“I have personally examined and am familiar with the information submitted in this 

document and all attachments thereto, and I certify that based on reasonable 

investigation, including my inquiry of those individuals responsible for obtaining the 

information, the submitted information is true, accurate and complete to the best of my 

knowledge and belief. I understand that any false statement made in the submitted 

information may be punishable as a criminal offense under section 22a-175 of the 

Connecticut General Statutes, under section 53a-157b of the Connecticut General 

Statutes, and in accordance with any applicable statute.” 

(g) Compliance procedures, registration 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 the VOC content limits of Table 41-1 of this 

section, where the VOC content is determined according to the requirements of this subsection. 

(2) The VOC content of a coating shall be determined according to the following 

calculations: 

(A) For all coatings that are not low solids coatings, determine the VOC content in 

grams of VOC per liter of coating thinned to the manufacturer'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 maximum 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 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); 

(B) The exempt compound content shall be determined using SCAQMD Method 303-

91 (revised August 1996), except as follows: 

(i) Parachlorobenzotriflouride content shall be determined using BAAQMD 

Method 41, and 

(ii) Exempt compounds that are cyclic, branched or linear methylated 

siloxanes shall be determined using BAAQMD Method 43; and 
R-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 fire-retardant coatings shall be: 

(A) Fire tested and rated by a testing agency according to the appropriate methods 

listed in subdivision (6) if this subsection; and 

(B) Approved by state building code officials for use in bringing assemblies of 

structural materials into compliance with federal, state and local building code 

requirements. 

(5) The following materials are subject to registration as follows: 

(A) Antifouling coatings shall be registered with both the Administrator 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; 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 identified properties, as 

applicable: 

(A) Acid content of coatings. The acid content of a coating shall be determined by 

ASTM Designation D 1613-96, "Standard Test Method for Acidity in Volatile 

Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related 

Products;" 

(B) Chemical resistance for nuclear coatings. Chemical resistance to various 

chemicals to which nuclear coatings are likely to be exposed shall be measured by 

ASTM Method D 3912-95 (2001); 

(C) Drying times. The set-to-touch and dry-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-resistance rating of a fire-resistive 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 radiation 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 Diffraction," SCAQMD Laboratory Methods of 

Analysis for Enforcement Samples; and 
R-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 Methods 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 lacquer 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 350 
R-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 adopts two sections of the air quality 

regulations to reduce volatile organic compound (VOC) emissions, assisting Connecticut to 

attain the federal 8-hour ozone national ambient 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 other requirements are consistent 

with the Ozone Transport Commission's Model Rule for Solvent 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. 

Section 5, the adoption of R.C.S.A. section 22a-174-40, 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 additional 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 coatings through the use of VOC content limits 

developed by the Ozone Transport Commission 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 23r~ 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:

27th 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 the

abatement 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

Commissioner
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-174-43 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 Department of Environmental Protection 

("Commissioner" and “Department," respectively) signed a notice of intent to amend section 

22a-174-43 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 amendment closing on June 30, 2006. 

 

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; the principal considerations presented in oral 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 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 
2

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 22a-174-43 ("Section 43"): 

With respect to section 43, there are no applicable federal standards placed on portable fuel 

containers. 

There is a proposed federal regulation (71 FR 15803, March 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 stringent 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 rule by clarifying definitions, simplifying design 

requirements and minimizing the potential for misuse 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’s”) 

anticipated certification program for PFCs, due to begin July 1, 2007. 

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

IV. Principal Reasons in Support of the Proposed Amendment

The amendment is proposed primarily to improve rule effectiveness in reducing VOC emissions in 

support of attainment planning for the 8-hour ozone NAAQS. 

V. Principal Considerations in Opposition to the Proposed Amendment

No comments opposed the adoption of the proposed amendment. One manufacturer suggested 

minor revisions related to retail concerns. 

 

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. 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. 

1. Comment: EPA comments regarding recently proposed 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 hydrocarbons 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 the 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 before December 31, 2008. On or after January 1, 

2009 the amended section 43 will include (by reference to CARB’s Certification Program) a 

permeation rate of 0.3 grams of hydrocarbons per gallon per day, the same as the proposed 

federal standard. Therefore, the Department should 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 covered 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 Certification 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 Air Resources Board Test Procedure TP502, Test Procedures for Determining Diurnal Emissions from Portable Fuel 

Containers July 26, 2006... 

b) PFCs manufactured on or after January 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 after 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 cans until they are gone? 

Response: The Hearing Officer recommends revising the proposed amendment by adding 

language to allow for PFCs labeled or designated solely for use with kerosene and manufactured 

prior to the effective date of the regulation to be sold until January 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 that 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 or 
4

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 would 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. California 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 all regulated states. The proposed new national 

EPA standard will also not have these requirements.

Response: Connecticut’s proposed amendment is consistent 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 deleting the flow rate requirement. No change is recommended in 

response to this comment. 

VII. Additional Comment by the Hearing Officer 

On October 11, 2006, CARB’s regulation that provides the basis for the certification program 

referenced at subsection (f)(2)(C) went into effect. Therefore, the appropriate 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 definition 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 fuel 
container 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 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: 

(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 “LOW FLOW RATE” 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 “LOW FLOW 

RATE” 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 shall 

clearly 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 clearly 

display 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. 

(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 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 fuel 
container 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 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 “LOW FLOW RATE” 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 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 “LOW FLOW RATE” 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 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 clearly 

display 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. 

(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 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 STATE 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, 

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. 
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 STATE 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 STATE 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 “LOW FLOW RATE” 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
R-39 REV. 1/77 STATE 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 “LOW FLOW 

RATE” 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 
R-39 REV. 1/77 STATE 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 shall 

clearly 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 clearly 

display 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 STATE 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 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. 
R-39 REV. 1/77 STATE 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 California 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:

27th 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

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R-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 2nd 20 05 ,6f the notice of the proposal to:

day of Sept. 20 05

such regulations

8th

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.