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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules
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has been stricken from the rule and will not be incorporated into the Rhode Island SIP. The amended regulation became effective in Rhode Island on July 21, 2020.
On December 28, 2020, Rhode Island modified its January 24, 2020, SIP
revision request by withdrawing 250
RICR120050, General Definitions from the SIP revision, because EPA had since approved a more recent version of Rhode Islands regulation 0, General Definitions effective in the State of Rhode Island on February 9, 2018, in a final rulemaking published September 3, 2020 85 FR 54924.
Thus, this proposed action addresses two revised regulations: Control of Volatile Organic Compounds from Consumer Products and Control of Volatile Organic Compounds from Architectural Coatings and Industrial Maintenance Coatings, submitted by Rhode Island on January 24, 2020 and July 22, 2020, respectively. EPA
previously approved earlier versions of these regulations into the Rhode Island SIP on March 13, 2012 77 FR 14691.
Rhode Island is a member state of the Ozone Transport Commission OTC, an organization established by Congress under the CAA which is composed of 12
states, and the District of Columbia, throughout the Northeast and MidAtlantic regions. The OTC develops model rules for the member states to use to reduce the emissions of ground level ozone precursors. In 2011, OTC
authored a model rule limiting VOC
content in architectural and industrial maintenance coatings, which was the second version of this model rule. Then in 2012, the OTC issued a model rule to limit the VOC content of consumer products, which was the fourth version of this model rule. In 2013, the OTC
again revised its consumer products rule to include dual purpose air freshener/
disinfectants.
II. EPAs Evaluation of the Submittal Rhode Islands revised 250RICR
1200531, Control of Volatile Organic Compounds from Consumer Products is based on the 2013 OTC model rule for consumer products. The regulation generally applies to any person who sells, supplies, offers for sale, distributes for sale or manufactures for sale within Rhode Island any consumer products on or after the applicable date. The regulation limits the VOC content, expressed in percent of VOC by weight, for certain consumer product categories, and content limits are restricted based on the product date of manufacture.
Compared to the previously approved EPA version of the regulation, the revision to the regulation lowers VOC

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content limits for 13 consumer product categories and adds nine new consumer product categories. The revised and new limits apply to the relevant products manufactured on or after January 1, 2019. Additionally, the revised regulation incorporates the new product category definitions and modifies several existing definitions for clarity and consistency with the 2013 OTC
model rule. The regulation has also been updated to current Rhode Island code of regulations format.
Rhode Islands revised consumer product regulation continues to contain limits for more categories of consumer products than EPAs National Volatile Organic Compound Emission Standards for Consumer Products rule at 40 CFR
part 59 Subpart C 63 FR 48831;
September 11, 1998. The revised regulation limits are also equal to, or more stringent than, those found in EPAs consumer products rule.
Rhode Islands 250RICR1200533, Control of Volatile Organic Compounds from Architectural Coatings and Industrial Maintenance Coatings is based on the 2011 OTC model rule for adhesives and sealants. The revised regulation includes all the approaches to controlling VOC emissions found in EPAs CTG for Miscellaneous Industrial Adhesives EPA 453/R08005, September 2008: VOC content limits for adhesives and cleaning solvents; work practices; record keeping; air pollution control equipment options; surface preparation requirements; and spray gun cleaning requirements. However, Rhode Islands rule is more comprehensive than the CTG, since it contains VOC content limits for sealants and sealant primers in addition to adhesives as covered by the CTG and regulates sellers and manufacturers not just appliers of regulated adhesives, adhesive primers and sealants. While there are minor differences in the named adhesive categories included in the CTG, those differences are inconsequential compared to the broader applicability of 250RICR120
0533 as noted above. The regulation has also been updated to current Rhode Island code of regulations format.
In summary, as noted above, EPA has reviewed Rhode Islands revised VOC
regulations and found that they are no less stringent than the applicable EPA
guidance and generally consistent with the OTC recommendations. EPA is proposing to approve the Rhode Island SIP revision for these two regulations excluding those provisions indicated above that were not submitted by the state, which were submitted to EPA on January 24, 2020 and July 22, 2020. EPA
is soliciting public comments on the
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issues discussed in this notice or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register.
III. Proposed Action EPA is proposing to approve the Rhode Island SIP revisions consisting of two revised regulations 250RICR120
0531, Control of Volatile Organic Compounds from Consumer Products and 250RICR1200533, Control of Volatile Organic Compounds from Architectural Coatings and Industrial Maintenance Coatings, excluding the Application subsections 31.2 and 33.2
respectively.
IV. Incorporation by Reference In this document, EPA is proposing to amend regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is proposing changes to the Rhode Island SIP as described in the Proposed Action section above. The EPA has made, and will continue to make, these documents generally available through https
www.regulations.gov and at the EPA
Region 1 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, EPAs role is to approve state choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866;

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