Updates, Surprises & Other Issues

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1 Sustainability: Codes for Chemicals and Coatings Updates, Surprises & Other Issues Lorraine Ross Intech Consulting Inc. PH: RCMA Annual Meeting Orlando, FL March 13, 2013 June 2009

2 Overview 1. The Great State of Florida and its Building Code 2. Why care about Green Codes and Standards? 3. LEED v4: New Chemical Ingredient Credit 4. Wrap-Up and Questions 2

3 The Great State of Florida and its Building Code 1. True or False The final version of the 2010 Florida Building Codes went into effect on March 15, 2012? Well, true..but.. 3

4 2010 Florida Building Code, Energy Conservation was Re-Opened and a Glitch Process Started Florida Building Commission Conference Call May 4, :00 am Call-In Number: ; Code: To obtain authorization from the Commission to schedule a rule development workshop for Rule 61G (1) necessary to address certain inconsistencies within the 2010 Florida Building Code, Energy Conservation and other business for the Commission. To review any of the Chairman s issues and other new and old business approved by the Chair. Why re-open the Energy Code? Many errors But, what exactly is Rule 61G (1)? The entire 2010 Florida Building Code 4

5 The Glitch Cycle Ended in August 2012 Changes were enacted Insulation levels for mass walls Insulation levels in commercial roofs Energy efficiency requirements for window replacement No real change for coatings 5

6 2010 Florida Building Code, Enforcement With the Glitch process ending in August, 2012, code enforcement and designers, product manufacturers reading the new code, - just in time for the next step 6

7 2013 Florida Building Code Development Process 3/14/2013 7

8 3/14/2013 8

9 1. Three Year Cycle The Commission shall update the FBC every 3 years by selecting the most current I-Code to form the foundation for the updated FBC. 2. Once each year 3. Glitch 3/14/ to address Commission s interpretations -as needed using Chapter 120 Procedure

10 1 I-CODES PUBLISHED days Chapter 120 Hearing File Rule 2 Supplement + I-Codes 7 TAC Review Commission Action Months Published before effective date 2-years 3 3 Month Public Submits Modification Proposals 6 45-Day Public Comment Period 45-Day 4 5 Public Comment Period TAC Review Code Change Process 10

11 Chapter 120 Florida Statutes Rulemaking Process Conflicts within the Florida Building Code. Conflicts between the Florida Building Code and the Florida Fire Prevention Code. Equivalency of Standards Unintended results from the integration of previously adopted Florida-specific amendments. Changes to federal or state law. Updates to the National Electrical Code. 3/14/

12 The Legislative Process 3/14/

13 2011 legislative changes to the Change process HB 849 Expired amendments Florida specific amendments currently in the 2010 FBC will expire as of the effective date of the 2013 FBC.

14 2013 FBC Timeline 3/14/

15 Model Code HVHZ (Miami-Dade and Broward counties) requirements (structural) Special Occupancy state rules and statutes Code Changes approved to 2013 Glitch Cycle = Results in 2013 FBC 3 Year Cycle

16 2012 International Codes published and available to 09/2011 the public; Commission selects 2012 I Codes and 2011 NEC as 12/6/2011 foundation for 2013 FBC Staff/Interestgroups evaluates Florida amendments 1/2012 6/2012 resulting from direction of thelegislatureand Commission initiatives to propose for inclusion in the 2013 FBC Period for public to propose modifications to the 2012 I 7/1/2012 Codes 8/1/2012 TACs consider proposed modifications 10/9-11/2012 Commission considers TAC recommendations Rule 2/4-5/2013 Workshop Draft 2013 (Florida Supplement plus I Codes) posted 3/1/2013 online 3/14/

17 Period to propose glitch modifications to draft 3/1/ FBC 5/1/2013 TACs consider proposed glitch modifications and 6/10-11/2013 develop public comment Commission considers proposed glitch mods and 6/12/2013 TAC comments Final Draft 2013 FBC posted online 7/12/2013 Final Rule Hearing on 2013 FBC/Commission 8/13/2013 approves final version of Code Rule Submitted to Secretary of State and 9/2013 Supplement posted online 2013 FBC effective date 3/2014 3/14/

18 Questions? call FL Codes and Standards

19 Green Codes and Standards Are you hoping you ll be retired before all the Green codes and standards are widely adopted? Are you ignoring ASTM Sustainability Committee activities? Are you deleting all those s from RCMA regarding the IgCC and ASHRAE code proposal and standard development? If you answered yes to any one of these, you (and your company) might be in denial! 19

20 Green Codes and Standards Eat or be eaten! 20

21 Green Nirvana for the Sustainability Community All buildings are green. General Concepts for Green Buildings (IgCC, LEED, GBI, NAHB Green Building Program, etc.): 1. Design and size: Good site design and just large enough, as opposed to larger is better. 2. Community connectivity:located close to work, school, recreation and other basics. 3. Energy and water efficiency: At least 15 percent or more efficient than others. 4. Material selections: Use of some recycled and/or reclaimed products. 5. Indoor air quality: Limiting use of materials with potential toxic effects and increased ventilation. 6.Emerging health attribute: chemical content transparency Desire for Green Products )and Systems

22 Regulatory and Market Drivers towards Sustainable Building Products Voluntary Green Rating Programs Product Environmental Attributes Building Products Green Code Requirements Product Composition Disclosures Regulatory Drivers

23 Green Volunteer Rating Programs: Increasing Pressure on Chemical Content USGBC Leadership in Energy and Environmental Design (LEED) Green Building Initiative (GBI) Living Building Challenge British Research Establishment Environmental Assessment Method (BREEAM) UL Environment (ULe) Cradle to Cradle (C2C)

24 Environmental Product Declarations (EPD) Product Composition Disclosure: Proliferation of Red Lists Health Product Declarations (HPD) MSDS OSHA Hazard Communications Act Green Screen Scoring System

25 Regulatory Drivers: US Agencies Growing Use of NGOs as Alternate Regulatory Paths Toxic Control Substance Act (TSCA) Clean Water Act (CWA) Clean Air Act (CAA) California Prop 65 Occupational Safety & Health (OSHA) Consumer Product Safety Commission (CPSC) Environment Canada CARB AB-32 Cap & Trade Quebec Cap & Trade California End of Life (CARB)

26 Product Environmental Attributes: Slow Movement to LCA Approach Local Harvesting Reuse -Recycle Content Bio-Based Life Cycle (PCR)

27 Green Code/Standard Updates: Competition to Out Green and Responding to NGO and Regulatory Pressures International Green Construction Code (IGCC) ASHRAE ICC-700 National Green Building Standard California Green Code (CALGreen) ASTM E60 Sustainability Committee

28 Leading the Green Standards Development Race ASTM Known Consensus standard process Required in Building Products Industry E60 Sustainability Committee Minimum Environmental, Social, and Economic Requirements for a Building Promoting Sustainability Product Category Rules for Use in Development of Environmental Declarations for Building Products and Systems Minimum Communication of Marketing and Product Claims Related to Sustainable Building Products EPA Becoming impatient with (slow) ASTM process Opens new regulatory area Opens new regulatory area Opens new regulatory area 28

29 International Green Construction Code 2012 IgCC Not widely adopted yet 2015 IgCC Code change proposals due Jan 6, hearings 29

30 Other Green Space Activities USGBC v4 LEED development Chemicals of Concern ASHRAE CalGreen Canadian Green activities Underway 30

31 Green Building Rating Systems require certification of buildings BUT for products used to construct these buildings: Many green claims but no Green product consensus standards Growth of Third Party Certification Organizations developing their own standards, rather than consensus standards Loss of confidence by architects, designers, builders in Green product claims and poorly performing Green - certified buildings Green Market Response: GREENWASHING!!! Everyone s lying about their products!

32 For more info:

33 Seven Sins of Greenwashing* 1. Sin of the Hidden Trade-off: Paper from sustainably harvested forest but chlorine bleached 2. Sin of No Proof: Claim without verification 3. Sin of Vagueness: All natural 4. Sin of Irrelevance: CFC-free 5. Sin of Lesser of Two Evils: SPF with Bio-based polyols but no mention of MDI 6. Sin of Fibbing: Claiming Energy Star on appliances that do not qualify 7. Sin of Worshipping False Labels This new Sin describes an effort by some marketers to exploit consumers demand for third-party certification with fake labels or claims of third-party endorsement. *at least according to TerraChoice Environmental Marketing

34 Known Certification Organizations in the Construction Industry International Code Council Evaluation Service SAVE Program UL Environment Environmental Claims Verification (ECVs) NAHB Green Program GreenGuard Warnock Hersey (Canada) Scientific Certification Systems (SCS) And about 400 others! Important Note: Many of these organizations specialize in certain attributes, e.g. VOCs 34

35 USGBC LEED V4 UPDATE COMMENTS: MARCH 1 31,

36 LEED v4: Heat Island Reduction Existing Buildings 4 Choices for credit non-roof (paving) roof combination of roof/non-roof, Vegetated roof g-buildings/v4-draft 36

37 LEED v4: Building product disclosure and optimization - environmental product declarations New Construction Recognition of various Types of EPDs 37

38 LEED v4: Trouble Ahead? Building product disclosure and optimization - material ingredients USGBC is now moving into healthy buildings Intent To encourage the use of products and materials for which life-cycle information is available and that have environmentally, economically, and socially preferable life-cycle impacts. To reward projectteams for selecting products for which the chemical ingredients in the product are inventoried using an accepted methodology and for selecting products verified to minimize the use and generation of harmful substances. To reward raw materialmanufacturers who produce products verified to have improved life-cycle impacts 38

39 LEED v4: Building product disclosure and optimization - material ingredients Requirements Option 1. material ingredient reporting (1 point) Use at least 20 different permanently installed products from manufacturers that use any of the following programs to demonstrate the chemical inventory of the product. Manufacturer Inventory. The manufacturer has published complete content inventory for the product following these guidelines: A publically available inventory of all ingredients identified by name and Chemical Abstract Service Registration Number (CASRN) Materials defined as trade secret or intellectual property may withhold the name and/or CASRN but must disclose role, amount and GreenScreen benchmark as defined in GreenScreen v

40 LEED v4: Trouble Ahead? Building product disclosure and optimization - material ingredients Option 1. material ingredient reporting (1 point) Use at least 20 different permanently installed products from manufacturers that use any of the following programs to demonstrate the chemical inventory of the product. Health Product Declaration. The end use product has a published, complete Health Product Declaration with full disclosure of known hazards in compliance with the Health Product Declaration open Standard. Cradle to Cradle. The end use product has been certified at the Cradle to Cradle V2 Basic level or Cradle to Cradle v3 Bronze level. USGBC approved program. Products that comply with other programs meeting the material ingredient reporting criteria approved by USGBC. Compliant products must have chemicals inventoried to at least 0.1% (1000 ppm). Products must be sourced from at least 5 different manufacturers 40

41 LEED v4: Building product disclosure and optimization - material ingredients Option 2: material ingredient optimization Use products that document their material ingredient optimization using the paths below for at least 25%, by cost, of the total value of permanently installed products in the project. USGBC approved program. Products that comply with building product optimization criteria approved by USGBC. GreenScreenv1.2 Benchmark. Products that have fully inventoried chemical ingredients to 100 ppm that have no Benchmark 1 hazards. Cradle to Cradle v2 Certified. End use products are certified Cradle to Cradle. Cradle to Cradle v3 Certified. End use products are certified Cradle to Cradle. International Alternative Compliance Path REACH Optimization. End use products and materials that do not contain substances that meet REACH criteria for substances of very high concern. If the product contains no ingredients listed on the REACH Authorization 1 or Candidate 2 list, value at 100% of cost. 41

42 LEED v4: Trouble Ahead? Building product disclosure and optimization - material ingredients Option 3: Product Manufacturer Supply Chain Optimization (1 point) Project Team: Use building products that are sourced from product manufacturers who procure raw materials from suppliers meeting criteria below for at least 25%, by cost, of the total value of permanently installed products in the project. Manufacturers: Engage in validated and robust safety, health, hazard, and risk programs. Document at least 99% by weight of the ingredients used to make the building product or building material are sourced from companies with independent third party verification of the following along the manufacturer supply chain: Processes are in place to communicate and transparently prioritize chemical ingredients along the supply chain according to available hazard, exposure and use information to identify those that require more detailed evaluation Processes are in place to identify, document, and communicate information on health, safety and environmental characteristics of chemical ingredients Processes are in place to implement measures to manage the health, safety and environmental hazard and risk of chemical ingredients Processes are in place to optimize health, safety and environmental impacts when designing and improving chemical ingredients Processes are in place to communicate, receive and evaluate chemical ingredient safety and stewardship information along the supply chain Safety and stewardship information about the chemical ingredients is publicly available from all points 42 along the supply chain

43 LEED v4: Trouble Ahead? Building product disclosure and optimization - material ingredients Combinations of Options are possible To comment: Comment period open: March 1 March 31, 2013 Expected effective date for LEED v4:

44 What is Your Route to a Sustainability Roadmap? Regulatory and Green Codes/Standards Regulatory Green Rating Systems Codes & Standards Sustainability Roadmap

45 Sustainability Roadmap Regulatory Measures Increasingly delivered through other methods than TSCA - Green Codes, Cap & Trade, Building Standards These different regulatory launch mechanisms will serve to accelerate timelines to compliance Product Development Green Codes, Voluntary Green Rating Systems, State actions complicate product development Green Code We now have a Green Code in the U.S. establishing the minimum performance for Green Buildings Adoption schedule for IgCC????

46 Sustainability Roadmap Green Rating Systems Growth All Green rating systems are growing thus will continue to influence the U.S. Market and will continue to serve as pilot criteria for sustainable buildings If their growth rates continue as projected rating systems will become a dominant market driver for environmental design considerations in product development Green Rating Systems Market The altruistic vision is to drive precautionary priniplesthis will alter our approach to market The growth of certification agencies (ULe) predicts growth in the use of Green Rating Certifications advancing sustainability provisions creating a need for 3rd party certifications Environmental Product Declarations EPD's The near term evolution from single attributes future products will be evaluated and labeled for GHG, Energy intensity, Eutrophication, Acidification, Ozone Depletion (ODP) EPD's are a good strategy to address environmental claims

47 Green Questions? 47

48 Thanks for your kind attention! 48

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