May 12, 2015

　　California’s South Coast Air Quality Management District (SCAQMD), several additional California air districts, and several Ozone Transport Commission (OTC) member states are amending their architectural and industrial maintenance (AIM) coatings volatile organic compound (VOC) rules over the course of the next year. ACA’s AIM VOC Committee tracks and provides comments on federal, state, and local AIM VOC regulations. In addition, ACA provides members with compliance tools and regular updates to help members stay abreast of the constantly evolving AIM regulatory environment.

　　The following provides an update of AIM VOC regulatory activity around the country.

　　SCAQMD

　　SCAQMD is currently amending Rule 1113 for AIM coatings. This rulemaking is significant since the district is considering drastic changes, including lowering the VOC limits for Flats, Nonflats, and Primers, Sealers, Undercoaters; restructuring the Rule 314 fee structure on the sale of coatings in the district; eliminating the small container exemption for certain major coatings categories; proposing a spray equipment training program and “best practices guidelines” for contractors; and incorporating a new VOC test method in Rule 1113. The district will likely adopt these changes in late 2015.

　　SCAQMD may restructure the Rule 314 fee structure to incentivize lower-VOC products in lieu of lowering the VOC limits on certain categories. In its 2012 Air Quality Management Plan, the district originally recommended lowering the VOC limits for Flats, Nonflats and Primers, Sealers, Undercoaters from 50 g/l to 25 g/l to achieve VOC emissions reductions. Based on expressed industry concern over the technical feasibility of lower limits, the district is now considering changes to the Rule 314 fee structure instead. The new approach to fees is intended to encourage manufacturers to develop lower-VOC products by lowering the fees for products that are less than or equal to 25 g/l, while increasing the fees for products over 25 g/l. In addition, the new fee structure would impose substantially higher fees for products with higher levels of VOC that are sold under the Small Container Exemption.

　　The district is also seeking to eliminate the Small Container Exemption compliance option for Flats, Nonflats, Industrial Maintenance Coatings, and Rust Preventative Coatings, in addition to substantially increased fees for products sold in small containers. ACA has requested that SCAQMD analyze the impact of the increased fees on small container sales before eliminating the Small Container Exemption for these coatings categories.

　　SCAQMD has also proposed adding an alternative VOC method, SCAQMD Method 313, to Rule 1113 as an alternative option to EPA Method 24 for lower-VOC coatings. As a result, certain semi-volatile compounds that would not be considered VOCs under Method 24 may be considered VOCs under Method 313, since Method 313 relies on methyl palmitate as a VOC “marker.” Method 24 is run at 110° C, while methyl palmitate has a boiling point of 332° C. Given this challenge, ACA convinced SCAQMD to establish a compound exclusion pathway for semi-volatile compounds. If companies can demonstrate that a compound elutes early and is less volatile than methyl palmitate, the compound would be excluded from the VOC content of the coating.

　　In addition, SCAQMD is preparing to amend its Marine Pleasure Craft Coating Operations Rule 1106.1 to include a sales prohibition and copper limits in the antifouling coatings category. The district is also developing a new rule for “Release Agents,” which would include concrete form release and stamp release products as well as mold and casting release agents.

　　Other California Air Districts

　　Outside of the Los Angeles area, 11 California air districts have adopted the California Air Resources Board (CARB) 2007 Suggested Control Measure (SCM) for architectural coatings. Several other districts have already adopted, or are likely to adopt, the CARB 2007 SCM in 2015, including the San Diego Air Quality Management District.

　　OTC Member States

　　Maryland recently proposed to adopt lower limits based on the OTC Phase II Model AIM Rule, which is based on the 2007 CARB SCM. Several other OTC states will likely adopt these same changes in the next year or so.

　　New Hampshire has adopted a VOC limit of 3 percent by weight for paint thinners and multi-purpose solvents. In general, exempt solvents, such as acetone, methyl acetate, and PCFTF, are likely to be the only compounds that can meet the 3 percent limit. Several other OTC states are in the process of adopting the 3 percent limit, as well.

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