BOARD MEETING DATE: December 3, 2010
AGENDA NO. 34
PROPOSAL:
Amend Rule 1143 – Consumer Paint Thinners & Multi-Purpose Solvents
SYNOPSIS:
The amendment will propose an exemption for artist solvents and thinners that will make the rule more consistent with the state consumer products regulation by: (1) exempting artist solvents and thinners that are properly labeled and sold in containers that are one liter or less from applicable VOC limits; (2) defining artist solvents and thinners; (3) making changes to the rule to clarify that all exempt products shall be subject to recordkeeping and reporting; and (4) making changes to the rule to clarify that the sell-through provisions for the final VOC limit do not apply to products that do not meet the interim VOC limit. The proposed amendment will result in 114 pounds of VOC emission reductions foregone per day.
COMMITTEE:
Stationary Source, October 15, 2010, Reviewed
RECOMMENDED ACTIONS:
Adopt the attached resolution:
1. Certifying the Final Supplemental Environmental Assessment (EA) for Proposed Amended Rule 1143 – Consumer Paint Thinners and Multi-Purpose Solvents; and
2. Amending Rule 1143 - Consumer Paint Thinners and Multi-Purpose Solvents
Barry R. Wallerstein, D.Env.
Executive Officer
Background
Rule 1143 – Consumer Paint Thinners and Multi-Purpose Solvents, was adopted on March 6, 2009, to implement Control Measure CTS-04 from the 2007 AQMP (“Air Quality Management Plan”) which calls for further Volatile Organic Compound (VOC) emission reductions from categories not regulated by the California Air Resources Board CARB, including paint thinners and multi-purpose solvents. The adopted rule implemented a two-tier VOC concentration limit beginning with a 300 grams per liter (g/L) VOC limit, effective January 1, 2010, followed by a final 25 g/L VOC limit, effective January 1, 2011. Staff expects a VOC emission reduction of 9.75 tpd when fully implemented.
Rule 1143 was amended on June 4, 2010 to rescind the final VOC limit of 25 g/L, to comply with a court order issued by the Los Angeles County Superior Court. On July 9, 2010, Rule 1143 was amended again to reinstate the final 25 g/L VOC limit, effective January 1, 2011.
During the latter part of the July 2010 rule amendment process, staff received comments requesting an exemption for solvents and thinners used by artists. During the public hearing, staff committed to explore and evaluate the request and propose an amendment prior to the end of the year, if necessary. Staff recognizes that Rule 1143 currently does not take into consideration the artist materials industry. Artist solvents and thinners specifically manufactured for artistic uses are formulated and refined to eliminate impurities, and are specifically intended for artist applications. These niche products do not fall into the general category of consumer paint thinners and multi-purpose solvents used for thinning paints and clean-up purposes.
CARB surveyed artist solvents and thinners during their 2006 Consumer and Commercial Products Survey (ARB 2007f) and found the emissions from this category to be minuscule. CARB found that artist solvents and thinners must meet the Labeling of Hazardous Art Materials Act within the Federal Hazardous Substances Act which requires that any art material, including solvents, comply with the requirements in ASTM D4236-94, the Standard Practice for Labeling Art Materials for Chronic Health Hazards, to protect consumers of any age from potential health hazards of these products. Furthermore, ASTM D4236-94 also requires that the art material be reviewed by a board certified or qualified toxicologist, and be labeled consistent with the standard. CARB determined, after visiting several art material stores, that artist solvents and thinners were priced substantially higher than industrial use counterparts commonly sold at home improvement, paint and hardware stores. CARB staff indicated that these products are unlikely substitutes for Multipurpose Solvent and Paint Thinner products in the Consumer Products Regulation (CPR) and exempted the artist solvents and thinners provided that they are labeled to meet ASTM D4236-94 (March 2005) and packaged in containers with a capacity less than or equal to 32 fluid ounces (one quart).
Staff’s independent evaluation of the information compiled by CARB as well as information provided by the artist industry indicates that the requested exemption is warranted.
Affected Facilities
There are approximately 19 manufacturers of artist solvents and thinners products. The artist industry also includes support organizations and AQMD staff has had several discussions and correspondences with both the Artist Creative Materials Institute and the National Art Materials and Trade Association to further understand their specific uses. Artist solvents and thinners are typically sold through hobby, craft, and art material store outlets and through internet sales.
Public Process
On August 4, 2010, staff conducted a meeting to discuss Artist Solvents/Thinners with manufacturers and other stakeholders.
On September 15, 2010 a public workshop was held to present the proposed rule language for the Artist Solvents/Thinners and open a dialogue with manufacturers and stakeholders. Nine members of industry attended the public workshop. Staff received only one comment letter during the public comment period which was open from September 15, 2010 to September 24, 2010. During the workshop, a request was made by stakeholders to increase the exempt container size to one liter or roughly 34 ounces. CARB staff also agreed to increase the exempt container size to 34 ounces in the CPR.
Proposal
Staff is proposing an amendment to the rule that defines and provides an exemption for Artist Solvents/Thinners from the VOC requirements set forth in the rule. Staff believes the provision is necessary because artist solvent and thinner products are designed to be used specifically for artistic use of solvent-based coating compositions and components. Staff has researched several artist solvents and thinners and has concluded that successful low-VOC technology is not currently available.
Additionally, in our effort to monitor the usage of exempted products and identify any potential misuse of such products, the staff proposal clarifies that recordkeeping and reporting requirements are also applicable to exempted products.
Staff is also proposing to clarify that the sell-through provisions for the final VOC limit do not apply to products that do not meet the interim VOC limit.
Emission Reductions
The proposed amendment will result in 114 pounds per day (0.057 tons per day) of VOC emissions foregone, which equates to approximately18.5 gallons per day. The total VOC emission reductions applied to Rule 1143 amount to a reduction of 9.75 tons per day by January 1, 2012. Because the current proposal will result in foregoing 0.057 tons per day of VOC emissions, the total VOC emission reductions applied to Rule 1143 will be revised to 9.69 tons per day. The VOC emissions foregone represent 0.6% of the total existing VOC emission reductions applied to Rule 1143.
Key Issue
One key issue was brought to staff’s attention during the public workshop and in a comment letter, summarized below with staff’s response:
| ISSUE: | The Artist Solvents/Thinners exemption could result in possible circumvention if solvent manufacturers who do not manufacture solvents and thinners for artistic uses go through the ASTM D4236-94 testing process and thereafter sell their products at retail outlets such as Home Depot, Lowe’s, and other commercial hardware stores. |
| RESPONSE: | AQMD staff researched the price differentials between artist solvents and thinners and the traditional solvents commonly found at big box and hardware stores and found higher priced artist solvents and thinners, especially in containers with a maximum capacity equal to or less than one liter, which will discourage circumvention by users that may want to use these types of products for non-artistic uses. Furthermore, staff is proposing additional language to the definition of Artist Solvents/Thinners by specifying that “Artist Solvents/Thinners do not include commercial-grade solvents or thinners.” Finally, because staff believes that monitoring sales trends is a viable tool to detect circumvention, the proposed amendment will require recordkeeping and reporting for all manufacturing and distribution facilities to provide AQMD with data to monitor the sales for Artist Solvents/Thinners and other exempt solvents. Staff believes that these measures will discourage possible circumvention for non-artistic use. |
California Environmental Quality Act
Pursuant to California Environmental Quality Act (CEQA) and AQMD Rule 110, the AQMD staff has prepared a Draft Environmental Assessment (EA) and circulated it for a 45-day public review and comment period from September 30, 2010 to November 16, 2010. No comments were received during the public comment period. The Draft EA has been revised and is now a Final EA. The only environmental topic identified in the Final EA that may be adversely affected by the proposed project is air quality. PAR 1143 would result in 113.7 pounds per day of VOC emission reductions foregone from exempting artist solvents and thinners, which exceeds the SCAQMD operational VOC significant threshold of 55 pounds per day. Since the operational VOC emissions would exceed the applicable significance threshold; VOCs are ozone precursors; and the district is classified as non-attainment for ozone; PAR 1143 may contribute to an existing or projected air quality violation. AQMD staff prepared Findings and a Statement of Overriding Considerations pursuant to state CEQA Guidelines §§15091 and 15093, respectively, regarding adverse environmental impacts that cannot be mitigated to insignificance; and since no mitigation measures were identified a mitigation monitoring and reporting plan pursuant to CEQA Guidelines §15097 is not required.
Socioeconomic Impact Assessment
PAR 1143 allows for an artist solvents and thinners exemption that provides regulatory relief because low-VOC artist solvents and thinners are currently not available on the market. Therefore, no socio-economic impacts are anticipated from this proposal.
Implementation and Resource Impacts
Staff recommends that PAR 1143 be amended to align the artist solvents and thinners exemption with CARB’s CPR. Staff does not anticipate any resource impacts from implementation of this proposal.
Attachments (ZIP, 2.2m)
A. Summary of Proposed Amended Rule
B. Rule Development Process
C. Key Contacts List
D. Resolution and Attachment 1
E. Proposed Amended Rule Language
F. Final Staff Report
G. Final Environmental Assessment