ATTACHMENT 1

Federal Standards Analysis Pursuant to Section 22a-6(h) of the General Statutes Pursuant to the provisions ofsection 22a-6(h) of the Connecticut General Statutes (CGS), the Commissioner ofthe Department of Environmental Protection (the Department) is authorized to adopt regulations pertaining to activities for which the federal government has adopted standards or procedures . At the time ofpublic notice, the Commissioner must distinguish clearly all provisions ofa proposed regulation that differ from federal standards or procedures. In accordance with the requirements of CGS section 22a-6(h), in the matter ofthe proposed amendment ofsections 22a-174-20, 22a-174-32and 22a-174-33(f) ofthe Regulations of Connecticut State Agencies (RCSA), the Department has performed a comparison ofthe proposed amendment with federal provisions, which is set out below . Regarding the revision of subsections (p) and (q) and adoption ofsubsections (ffl (gg) (hh) and (ii) in RCSAsection 22a-174-20: There are no comparable federal standards specifying a reasonably available control technology (RACT) level ofcontrol, although Clean AirAct section 182(b) requires states to establish a RACT level ofcontrol for certain categories ofsources. EPAdoes issue control technique guidelines (CTGs) that recommend work practices, application methods, reformulation and/or control equipment operation that EPAconsiders a RACT level of control for a source category or activity, but the adoption ofenforceable requirements that meet at least that recommended level ofcontrol is left to each state with a nonattainment area for an ozone national ambient air quality standard. In general, the proposed requirements for offset lithographic and letterpress printing, industrial cleaning solvents, flexible package printing, metal furniture coating, large appliance coating and paper, filmand foil coating are consistent with the recommendations ofthe CTGs and provide at least a RACT level ofcontrol . The deletion of the reactivity-based architectural coating requirements ofsubsections (g), (h) and (i) of RCSA section 22a-174-20 aligns RCSA section 22a-174-20with the adoption in July 2007 of more comprehensive requirements to limit emissions frompaints in RCSA section 22a-174- 41 . There are federal standards for architectural coatings but those standards, in 40 CFR59 Subpart D, regulate fewer coating categories than those in RCSAsection 22a-174-41 and otherwise differ, as follows: Subpart Dapplies to nationwide architectural coating manufacturers, importers and distributors while RCSA section 22a-174-41 applies to anyperson "who sells, supplies, offers for sale or manufactures for sale in the State ofConnecticut on or after May 1, 2008 any architectural coating for use in the State ofConnecticut and to any person who applies or solicits the application ofany 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 tworules.41

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. Forthe categories that are regulated under both rules, all ofthe limits in RCSA section 22a-174-41 are at least as stringent and many of the limits in RCSAsection 22a-174-41 are more stringent than the federal limits. All ofthe VOClimits in Subpart Dhave an effective date of December 10, 1998, whereas the VOClimits in RCSAsection 22a-174-41 are effective on May 1, 2008 for most regulated product categories. Regarding the addition ofsubsection (ii) to RCSA section 22a-174-20: New subsection (jj) regulates the cleaning of spray application equipment at any facility where spray application equipment is used. There are no general federal requirements regulating the cleaning ofspray application equipment. EPAdoes specify spray application equipment cleaning requirements for certain source categories in 40 CFR63, national emissions standards for hazardous air pollutants, and aerospace manufacturingfacilities that are subject to such requirements in 40 CFR63 are exempt fromthe general spray application cleaning requirements proposed in subsection (jj) . RCSA section 22a-174-32 defines a RACT level ofcontrol for volatile organic compound emissions fromcertain activities not regulated in RCSAsection 22a-174-20 . The revision to the applicability requirements of RCSA section 22a-174-32(b)(3) takes into account the establishment of RACT levels ofcontrol for several source categories in subsections (fl) through (ii) of RCSAsection 22a-174-20 . As the CTGs generally recommend that only one set of RACT level controls apply to a given source category, the revision is consistent withthe approach recommended in federal guidelines, although no analogous federal standards or procedures exist. RCSA section 22a-174-33(fl establishes the timing requirements for the submission ofTitle V permit applications. Subdivisions (1) through (5) include the timing requirements in general, for submission ofapplications concerning new sources, modifications and renewals. Subdivision (6) includes specific application submission timing requirements for Acid Rain sources, namely those required ofAcid Rain program sources in 40 CFR72

.30. The amendment eliminates the reference to the federal application submission requirements for Acid Rain programsources, as those requirements apply independently.

December 9

. 2008 /s/MerrilyA . Gere Date Merrily A . Gere Bureau ofAir Management