Volatile Organic Compound Regulation and Standards Update

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2 1 Volatile Organic Compound Regulation and Standards Update New California District Regulations and Green Building Code Indiana Publishes Final Rule November, 2010 Edition Overview The trend toward increased regulation of volatile organic compounds (VOCs) in architectural and industrial maintenance (AIM) coatings continued in The beginning of 2011 will bring new rules to several large California Air Quality Management Districts (AQMDs) and a first in the nation green building code in the State of California. Outside of California, Indiana finalized its rule with an October 1, 2011 effective date. The Northeast Ozone Transport Commission (NEOTC) has adopted a revised Model Rule based on upcoming California regulations. Canada s new AIM VOC rule was effective September 9, In order to benefit from a two year sell through provision, future noncompliant products must be have arrived at the distributor s location by the effective date. PROSOCO is an active stakeholder in the rulemaking process at the state and federal level. We will continue to monitor new rules and communicate information as it becomes available. A variety of resources are available at including a new summary on LEED and PROSOCO products and a white paper on VOC marketing claims. Current Sell/No Sell sheets by state and district are available through our Customer Care department AIM VOC Regulation Areas

3 2 Background VOCs are regulated because of their contribution to ground level ozone (smog) in many metropolitan areas. Ozone is formed when VOCs react with nitrogen oxides (NOx) and sunlight. Although coatings VOC contributions are relatively small compared to the transportation sector, their regulation is still a preferred option at regulatory agencies. Major regulated sources include ships, off-road equipment, automobiles, small engines, and a limited range of consumer and commercial cleaning products. In many regions, ozone formation is more influenced by levels of NOx rather than VOCs. Elevated ozone concentrations are even present in rural agricultural areas upwind from coal-fired power plants. In NOx limited regions, the most effective mechanism for ozone reduction is regulation of large NOx sources, including power plants and industrial boilers. The degree of ozone/smog pollution varies around the country. Large municipal areas are more likely to have air quality issues that force consideration of county or state specific VOC regulations. States with air quality problems are required to submit periodic plans to USEPA documenting how they intend to come into compliance with increasingly stringent federal ambient air quality standards. The United States AIM VOC regulatory system follows a federalist principle in which individual states and counties may enact regulations provided they are no less stringent than the federal rule. This has resulted in a complex patchwork of municipal, county and state VOC limits around the country. All current AIM VOC regulations provide sell-through provisions that allow distributors and retailers to sell products manufactured before a specific rule s effective date. Sell-through periods range from 2-3 years with some states opting for unlimited sellthrough periods. The rules also provide a blanket exemption for containers with a one quart capacity or less, except for a limited number of categories in California s South Coast Air Quality Management District (SCAQMD). This allows specialty and niche products to be sold at any time in regulated areas. Distributors and retailers can also bring in larger containers of otherwise non-compliant products for resale to areas not covered by more restrictive AIM VOC regulations. AIM VOC regulations are structured such that any material applied to an architectural substrate for functional or decorative purposes is regulated. The various state and federal rules feature defined categories for various coating types. Categorization is based on the manufacturer s label and marketing claims. Products that don t fit any other specific category definition are slotted into the flat or nonflat categories. Products marketed with multiple functions are placed in the most restrictive category. Low solids coatings are an exception to the rule in state regulations as they are generally water carried products with intrinsically low VOC concentrations and qualify based on total solids weight. A product does not default to a more restrictive or defined category if it qualifies for and is marketed as a low-solids coating. Concentrates designed for field dilution can also qualify as low-solids coatings based on recommended minimum dilution ratios. Examples of PROSOCO products that qualify as low-solids coatings include: Weather Seal Blok- Guard & Graffiti Control II, Weather Seal Siloxane PD, Consolideck Saltguard WB and Weather Seal Siloxane WB Concentrate. Enforcement activities are generally dependent on staffing levels in various jurisdictions. Manufacturers, distributors and retailers supplying product in a regulated area have first line compliance responsibility. However, AIM VOC rules generally apply to persons soliciting application (owners, specifiers, architects), project managers, contractors and out-of-area contractors performing work in a jurisdiction,

4 3 Federal, State and District Rule Summary United States Environmental Protection Agency (USEPA) The USEPA AIM VOC national rule remains unchanged and covers all U.S. states and territories that do not have individual regulations. The Agency has been developing a rule update for several years. It will likely incorporate OTC definitions and limits and be consistent with upcoming Canadian regulations. USEPA AIM VOC regulations differ from state and local counterparts. Unlike other standards, the national rule does not set an absolute cap on coatings VOC content. Manufacturers may opt to pay an annual, per gallon exceedance fee in order to maintain availability of specialty products in the marketplace. Since the rule has been static for over 10 years, many of the category definitions and limits vary substantially from state and district rules. California Air Resources Board (CARB) The California Air Resources Board (CARB) regulates air quality for the State of California. California is broken into a number of Air Quality Management Districts (AQMDs) responsible for localized regulation and enforcement. Each AQMD has the option of adopting the CARB AIM VOC Suggested Control Measure (SCM). In 2007, CARB completed rulemaking for an update of its SCM. Major AQMDs outside of South Coast, including Bay Area, San Joaquin, Ventura and Imperial, have adopted the SCM with an effective date of January 1, It has also been incorporated by reference in the California Green Construction Code, more commonly known as CALGreen. See the section on green building standards for more detail. While the current SCM is very similar to the OTC model rule, the 2011 rules incorporate comprehensive category, definition and limit changes. In general, products for concrete and masonry will have substantially lower limits. However, new categories have been created that allow high-performance reactive silane, siloxane and stone consolidant technologies. Many of the new category limits will push the envelope of available coatings technology. The outcome is that formulators and applicators will have three disparate sets of AIM VOC rules operational in the state in 2011 with an overlying code (CALGreen) that impacts commercial, residential and publically funded buildings. Fortunately, the PROSOCO Sell/No Sell list for districts outside South Coast will be substantially similar. The CARB 2007 SCM differs from the South Coast Air Quality Management District (SCAQMD) Rule 1113 approach in several key areas: 1. Does not depend on corporate averaging provisions. 2. Is based on best available technologies for all climate conditions in the state, not just the warm, Mediterranean climate of South Coast. The SCAQMD Rule 1113 sets artificially low VOC limits due to the availability of high-performance, higher VOC products through their corporate averaging program. The averaging program allows high volume manufacturers (generally house paint formulators) to use excess VOC reductions in creating otherwise non-compliant products. The averaging program makes a huge difference in South Coast. In 2007, before the recession took hold, ten participating manufacturers used averaging to ship roughly 4,000,000 gallons of otherwise non-compliant products into the district. The realities of districts averaging and climate make Rule 1113 uniquely unsuitable for use in state or national codes or standards.

5 4 Northeast Ozone Transport Commission The Northeastern Ozone Transport Commission (OTC) is a coalition of 13 northeastern states working cooperatively to solve regional ozone problems. While they work collectively, each state acts independently on rule adoption. The OTC created a model AIM VOC rule that all but one member state has adopted; some with minor modifications. The model OTC rule is based on the current CARB SCM but with higher limits for industrial maintenance coatings. In all, the OTC model rule covers 55 categories of AIM coatings. Five of those categories include PROSOCO products. They are: Waterproofing Concrete/Masonry Sealers Waterproofing Sealers Industrial Maintenance Coatings Low-Solids Coatings Concrete Curing Compounds Stains The states and districts with OTC rules include Connecticut, Massachusetts, Maryland, New Jersey, New York, Pennsylvania, Delaware, Maine, New Hampshire, Rhode Island, the District of Columbia and portions of Virginia. Virginia counties are Arlington, Fairfax, Loudoun, Prince William and Stafford, including the cities of Alexandria, Fairfax, Falls Church, Manassas, Manassas Park and the Fredericksberg area. Look for state-by-state changes in AIM VOC regulations starting in In early 2010, the OTC states adopted a new Model Rule based on the CARB 2007 SCM. It includes several regionally important categories and provisions. The Model Rule includes Stone Consolidant and Reactive Penetrating Carbonate Stone Sealer categories that will allow historic preservation and maintenance projects to continue unabated. Realizing hardships faced by conservators and owners since 2005, PROSOCO worked with the American Coatings Association and regulators to assure access to these necessary technologies. As states adopt the Model Rule, PROSOCO will amend Sell/No Sell lists accordingly. The District of Columbia is working on an interim rule update that will allow stone consolidants and the new reactive penetrating carbonate stone sealer category. Their advance action on stone consolidants is largely due to requests from the office of the Architect of the Capitol.

6 5 Lake Michigan Air Director s Consortium (LADCO) LADCO is a cooperative air quality group comprised of Illinois, Indiana, Wisconsin, Michigan and Ohio. It is a less formalized coalition than the OTC with no model AIM VOC rule. Each state operates independently and selects VOC rules as they see fit. States enacting rules have so far opted for the OTC model rule. The Illinois rule went into effect in It is substantially similar to the OTC rule except for the addition of a stone consolidant category. Ohio s AIM VOC rule mirrors the OTC model and was effective January 1, 2009 with a three year sell-through period. Stone consolidants are recognized through a variance program. Indiana recently completed its rulemaking with an October 1, 2011 effective date. The rule reflects the current OTC model but also includes the stone consolidant category. Wisconsin and Michigan currently operate under the USEPA rule. not registered or performed annual reporting are in violation of district standards. Maricopa County, Arizona Arizona opted to maintain its own rule for Maricopa County rather than adopt the USEPA rule in It is generally more stringent than the EPA rule, but less stringent than the OTC Model Rule. Canada Canada adopted national regulations loosely based on the OTC model rule with a September 9, 2010 effective date. Otherwise noncompliant products at the distributor s location by September 9 are subject to a twoyear sell-through period. Noncompliant products not in the country by this effective date may not be imported. Despite an expressed desire to harmonize with U.S. VOC standards, the Canadian rule is not identical. The Canadian rule does not allow use of a small container exemption. South Coast Air Quality Management District (SCAQMD) The 2006 revisions to SCAQMD Rule 1113 for AIM VOCs are still in effect. Not to be mistaken with the State of California, SCAQMD is comprised of a number of cities in the greater Los Angeles basin. Reflecting its extreme smog problems, South Coast writes its own regulation separate from the California Air Resources Board (CARB) SCM. Rule 1113 is the most stringent architectural coatings standard in the world and eliminates many irreplaceable coatings technologies. Rule 1113 specifies sell-through provisions similar to those in the northeastern states. SCAQMD has adopted a coatings fee system, Rule 314, to pay for and dramatically expand its regulatory, laboratory and inspections operations. Technically, coatings manufacturers that sell through retail, wholesale or direct to contractors operating in South Coast who have

7 6 AIM VOCs and Green Building Codes and Standards Green building construction, renovation and maintenance are hot topics in the commercial and institutional construction world. A number of ranking systems have evolved to assist the architectural community in specifying sustainable buildings. In addition, green building codes enter the scene in California Green Construction Code CALGreen is the first governmental green building code in the U.S. Formerly a voluntary standard, it was substantially modified and reissued as a statewide mandatory code for all building occupancies effective January 1, Once fully implemented, CALGreen will have a tremendous impact on institutional and commercial building markets. It layers on top of existing AIM VOC regulations and will cause significant market confusion considering the three existing VOC regulatory regimes already present in California. CALGreen addresses indoor environmental quality (IEQ) and general emissions issues by incorporation of CARB 2007 SCM limits for AIM coatings. South Coast s Rule 1168 is referenced for sealants and adhesives. As written, CALGreen covers both indoor and outdoor products. A recent residential guide manual indicated that only indoor use coatings were covered and conflicts with the nonresidential guide and CALGreen language. CALGreen is already making waves outside of California. The second public version of the International Code Council s (ICC) International Green Construction Code (IGCC) follows California s lead in referencing the CARB 2007 SCM and Rule 1168 for interior use products. So, what does this mean for PROSOCO product users and specifiers? Fortunately, the vast majority of PROSOCO s current CARB rule compliant products will remain compliant under the CARB 2007 SCM and CALGreen. While the majority of mid and high solids waterproofing concrete/masonry coatings will have a new 100 g/l limit, high-performance % silanes will still be available in a new VOC category. The water and stain repelling SLX100 formulation will be modified and introduced as a new California product in time for the January 1, 2011 effective date. A list of CARB 2007 SCM and CALGreen conformant products will be available through PROSOCO s Customer Care department. International Green Construction Code In 2009 the International Code Council (ICC) worked with stakeholders to draft the first national green building code. PROSOCO and the American Coatings Association participated in the indoor environmental quality chapter draft writing process. The IGCC now exists as a second public version that municipalities are invited to incorporate into their local building codes. Through a public comment and hearing process, the ICC will continue to modify the IGCC until publication in final form in early At that point, it will be part of the ICC code system and available for jurisdictions to adopt. As it exists today, the IGCC matches CALGreen by incorporating the CARB 2007 SCM and Rule 1168 for sealants and adhesives by reference. Once adopted by states and municipalities, the IGCC has the potential to push out the latest technology forcing VOC standards out into parts of the U.S. that are currently operating under the 1999 US EPA AIM VOC rule. The IGCC is far from being finalized. As the hearing and draft revision process continues, check PROSOCO s Environmental Initiatives webpage for news and analysis.

8 7 US Green Building Council LEED The US Green Building Council (USGBC) is the predominant green building certifier and provides a voluntary framework for the creation of energy efficient and sustainable building construction. Certification is a two step process. Individual projects first register indicating intent to be certified followed by postconstruction certification. The LEED system is currently in a transitional phase as the new LEED 2009 (aka: LEED V3) standards come on line. Soon, newly registered projects will be slotted into the LEED 2009 system; however, there will be many existing projects still in older LEED versions for years to come as they complete construction and certification. The majority of existing registered commercial projects are captured under the Leadership in Energy and Environmental Design (LEED ) Green Building Rating System for New Construction & Major Renovations; Version 2.2 (aka: LEED NC 2.2). USGBC continues to expand its standards offering for various types of construction. Current LEED standards cover interior use coatings because of indoor air quality (IAQ) concerns. LEED NC 2.2 EQ Credit 4.2 references common coatings categories and VOC limits from SCAQMD Rule Under the LEED NC 2.2 framework, a point may be awarded for utilization of Rule 1113 compliant coatings throughout the building interior. Projects are considered as a whole and no single product is likely to gain a point in the scoring system. While some green building architects call for low-voc products for building exteriors, there is no LEED point deduction for utilizing products that do not comply with Rule A wide variety of PROSOCO products comply with Rule Additional products are available for specialty applications and substrates requiring more exotic protective treatments to assure longevity and sustainability of concrete and masonry construction. USGBC created a modified version for schools entitled LEED for Schools for New Construction and Major Renovations; Version This standard takes a different approach to indoor air quality by rewarding building designers and owners for protecting growing children. Children are inherently more sensitive to organic contaminants and spend a great deal of time indoors. Through EQ Credit 4; Option 2, a point may be awarded for use of paints and coatings that meet the testing and product requirements of the California Department of Health Services Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers. The test criterion requires coatings application to a substrate sample in a controlled environment and subsequent testing to verify superior postconstruction IAQ performance. The same testing also allows California schools to claim credit in the Collaborative for High Performance Schools (CHPS) scoring system. A number of other states are adopting the CHPS system. Core products in PROSOCO s Consolideck line have been independently tested to Section criteria and certified by an independent entity, Scientific Certification Systems (SCS). LEED 2009 The USGBC recently modified and released the LEED 2009 (aka: LEED V3) system as part of a continuous improvement program. The focus on coatings continues to be in the area of indoor air quality. LEED for New Construction 2009 provides for project wide VOC budgets that allow limited use of highperformance coatings without credit penalties. An Indoor Environmental Quality (IEQ) credit previously reserved for carpet (IEQ Credit 4.3) is now open for other flooring materials, including concrete sealers and finishes, in the various LEED 2009 systems. LEED 2009 standards clearly state the intent for IEQ credit categories. By definition, the credits apply to products used in the building

9 8 interior inside the weatherproofing system. In general, coatings IEQ standards reference the VOC categories and limits in effect on January 1, 2004 in the South Coast AQMD Rule Opaque, film-forming coatings for interior walls and ceilings are judged within the Green Seal GS-11 framework. As with LEED V2, exterior coatings neither contribute to nor detract from LEED credits. The IEQ Credit 4.3 (Low-Emitting Materials Flooring Systems) provides a clear and differentiated path to credit for interior concrete sealers, stains and finishes such as those in PROSOCO s Consolideck system. The majority of Consolideck floor treatment and coatings products comply with referenced Rule 1113 standards. In addition, core products have been tested and thirdparty certified to conform to the more stringent LEED for Schools 2009 version. These products carry the Scientific Certification Systems Indoor Advantage Gold certification mark. With the exception of select interior cleaners defined in LEED for Existing Buildings and LEED for Existing Schools, cleaning products are not covered by USGBC standards and neither contribute to or subtract from credit categories. Cleaning Product VOC Regulation A variety of consumer and institutional cleaning products are regulated by federal and state VOC rules separate from those governing architectural coatings. Unlike coatings and protective treatments, consumer and institutional cleaning products are not universally regulated. Products that do not fit a defined category remain unregulated. The category definition lists include such products as paint removers, graffiti removers, general purpose cleaners and degreasers, and floor wax strippers. California s CONS II regulation includes the most comprehensive list of regulated categories. All of PROSOCO s cleaning and restoration products comply with applicable, defined category VOC limits. Resources California District Rules CALGreen USEPA AIM Rule SCAQMD Rule Canada Rule USGBC LEED American Coatings Association PROSOCO Environmental Initiatives About the Author: Dwayne Fuhlhage is the Regulatory Affairs Director for PROSOCO. He has been involved in AIM VOC rulemaking activities at the district, state and federal level and is an active member in related ACA and CSPA committees. Dwayne represents PROSOCO as the USGBC member company liaison and at the ASTM E60 Committee on Sustainability. Dwayne is a member of the greener chemistry oriented NSF/GCI 355 ANSI Joint Committee and a Liaison member of the interior construction product emissions oriented NSF/GEI Health Based Emission ANSI Joint Committee.

10 9 MISSION STATEMENT PROSOCO strives to be the industry leader by developing innovative solutions for customers devoted to improving the appearance and performance of the built environment. Disclaimer This document has been prepared for use primarily by PROSOCO product distributors and applicators. THE INFORMATION IS OFFERRED IN GOOD FAITH AND BELIEVED TO BE RELIABLE, BUT IT IS MADE WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER.. Users are cautioned that the regulations, standards and interpretations on which this document is based are subject to change, which may invalidate any or all of the comments contained herein. PROSOCO, Inc Greenway Circle Lawrence, KS Copyright PROSOCO 2010 PROSOCO is a proud member and supporter of the American Coatings Association s Coatings Care and the Consumer Specialty Product Association s Product Care product stewardship initiatives.