Rule 2026-17486

Where the standard is exceeded, consumer products and paint fall under regulation too — what reasonably available control technology means

Environmental Protection Agency Published Aug 27, 2026 91 FR 55274

The Environmental Protection Agency approved state rules limiting volatile organic compound emissions in nonattainment areas of western Michigan. The rules reach not only factories but consumer products and architectural and industrial maintenance coatings.

Document overview (primary data)

  • Document typeRule
  • AgencyEnvironmental Protection Agency
  • Citation91 FR 55274

Key points

  • The Environmental Protection Agency approved state rules limiting volatile organic compound emissions in nonattainment areas of western Michigan.
  • The rules cover consumer products and architectural and industrial maintenance coatings, not only factories.
  • The basis is reasonably available control technology, weighing technical feasibility against economic reasonableness for existing facilities.
  • Ozone is not emitted directly but forms when volatile organic compounds and nitrogen oxides react in sunlight, so sources are widely dispersed.
  • The agency proposed approval on February 27, 2026 and received eleven sets of comments.

1What falls on an area that exceeds the standard

The United States air regime sets nationwide standards and designates areas failing to meet them as nonattainment. Once designated, the state containing such an area must write a plan to reach the standard. What every such plan contains is reasonably available control technology.

Demanding the strictest technologyReasonably available control technology
Requires reduction as far as technically possibleWeighs technical feasibility against economic reasonableness
Applied to new facilities and the likeApplied to existing facilities
Prioritizes the prospect of attainmentRequires what can be applied to existing equipment without undue strain

Replacing every existing facility with the newest equipment is not realistic, so what is required is measures that are technically available and reasonable in cost. Where reasonableness lies is judged by industry and equipment type.

2Not only factories

What the approved rules coverConsumer productsApplying in the western Michigan nonattainment areas
Also coveredArchitectural and industrial maintenance coatingsLimiting volatile organic compound emissions
Areas coveredThree counties or parts of themBerrien, western Allegan and western Muskegon

The coverage is the striking part: not only factories with stacks, but consumer products and coatings. Ozone is not emitted directly; it forms when volatile organic compounds and nitrogen oxides react in sunlight. Those compounds evaporate from everyday products such as paint, cleaners and hair products. Because the sources are spread thin and wide, regulation extends beyond the factory gate.

3The state writes, the federal government approves

This too takes the form of a state writing rules, submitting them, and the agency approving them into the state implementation plan. Once approved, those state rules become enforceable as a matter of federal law as well. This site covers approvals of the same structure for other states, showing that the content differs while the mechanism is shared.

4Comments do arrive

The agency proposed approval on February 27, 2026 and received eleven sets of comments. Even a procedure as unglamorous as approving one state air plan draws comment, because for those who make the regulated products, which state regulates what bears directly on their business.

Why it matters

Ozone control does not end at the factory stack; it reaches the composition of products. Which areas are in nonattainment can therefore change what product specifications may be sold.

FAQ

What is reasonably available control technology?
An approach requiring measures of existing facilities that are technically available and reasonable in cost, since replacing all existing equipment is not realistic.
Why are consumer products regulated?
The volatile organic compounds that lead to ozone evaporate from everyday products such as paint and cleaners, so regulation extends beyond the factory.

Sources (primary)

Source: Federal Register (federal documents, public domain). Links go to the official site.

#Environmental Protection Agency#Clean Air Act#Ozone#Volatile organic compounds#State implementation plans
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