Tuesday, July 22, 2014
Several Northeastern states in the Ozone Transport Commission (OTC) and local California Air Districts have recently proposed amendments, or will likely propose amendments next year, to their regulations governing volatile organic compound (VOC) limits in architectural and industrial maintenance (AIM) coatings.

The following provides an update on AIM VOC activities in and around the states.

California’s South Coast Air Quality Management District (SCAQMD) held its first AIM Rule 1113 amendment meeting on June 5, 2014. This rulemaking is significant because the SCAQMD is seeking to make a number of drastic changes to Rule 1113, including: reducing the VOC limits for flats, nonflats, and primers (down to 25 g/l); limiting the sale/use of architectural coatings sold in one liter containers or smaller; and imposing control efficiency requirements on spray equipment. In addition, it is likely that SCAQMD will make include changes for Building Envelope Coatings, Architectural Mold Release Agents, Wood Finishes, Reactive Penetrating Sealers, and Faux Finish Glazes. These changes will likely be adopted in 2015 or 2016 and become effective in 2019.

Several additional California air districts have adopted or recently proposed amendments to their regulations to be consistent with the California Air Resources Board (CARB) 2007 Suggested Control Measure (SCM). The Santa Barbara Air Quality Management District adopted amendments on June 19 that included a Jan. 1, 2015 compliance date. San Diego released a proposed rule in November 2014, and is expected to adopt these changes at the end of 2014. Feather River recently released its proposed rule and intends to adopt the proposed changes in August 2014 (the proposal language has the changes effective upon the proposed Aug. 4 adoption date; however, ACA will ask for a Jan. 1, 2015 compliance date). El Dorado and Sacramento Air Quality Management Districts are likely to propose AIM rule amendments later in 2014 or 2015.

The state of Utah adopted the OTC Phase II Model Rule – similar to the 2007 CARB SCM – i n September 2013. Of note, the rule applies only to seven counties in Utah (Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber counties), and includes a Jan. 1, 2015 compliance date.

Several OTC states have stated their intentions of proposing amendments based on the OTC Phase II Model Rule in the fall, including New York, Connecticut, Delaware, and Maryland. The District of Columbia and New Jersey will likely begin their rulemakings in 2015. In addition, New Hampshire just proposed amendments to its AIM rule; however, the proposed changes are generally minor editorial edits, with no VOC limit changes.

With regard to Consumer Paint Thinners and Multi-purpose Solvents, several states have already adopted or are planning on adopting the most recent OTC Consumer Product Model rule, which includes a VOC limit of 3% by weight VOC content limit for paint thinners and multi-purpose solvents. Utah adopted this rule in 2013, and the 3% VOC by weight limit takes effect on Jan. 1, 2015 (multi-purpose solvents) and Jan. 1, 2016 (paint thinners). New Hampshire adopted the OTC Model Rule in February 2014, and the 3% VOC by weight limit effect on Jan. 1, 2015. Several states including Connecticut, Delaware, and Maryland are likely to propose their consumer products regulations in 2014, and the District of Columbia and New Jersey in 2015. The 3% VOC by weight limit has been in effect in California since Dec. 31, 2013 and 25 g/l in SCAQMD since Jan. 1, 2011.

ACA’s AIM VOC Committee tracks, reviews, and comments on AIM VOC regulations on behalf of industry. ACA offers members resources to track and comply with these rules.

Contact ACA’s David Darling or Tim Serie for more information.