The American Coatings Association (ACA) has secured interpretive language from the California Air resources Board (CARB) stating that its rule for consumer products, which regulates paint thinners and solvents, does not include thinners used specifically in marine and automotive refinish coatings. On a related note, ACA submitted comments to the Ozone Transport Commission (OTC) in April regarding its draft Model Rule for Consumer Products.
Since the OTC model rule is based on the CARB rule, ACA included the following interpretive language from CARB in the comments to OTC:
In response to ACA comments (Comment D-70) of the 2009 Consumer Product Rule, ARB stated that “When considered together, the applicability of this regulation found in section 94507 and the definitions of Consumer Product; Institutional Product; Multi-purpose Solvent; and Paint Thinner in section 94508(a), make it clear that solvents and reducers labeled to be used exclusively in marine and automotive coatings are not subject to the regulation.” ARB would like to further clarify, the statement "marine and automotive coatings" includes both Original Equipment Manufacturer (OEM) Automotive and Marine coatings, but also automotive refinish operations and marine coating applications at marinas and shipyards of all sizes, with respect to the solvents and reducers that are labeled to be used exclusively in automotive refinish and marine coatings.
The OTC soon will adopt the draft model rule, which includes the 3 percent volatile organic compound (VOC) by weight limit on paint thinners and multipurpose solvents. While the current model rule includes a compliance date of Jan. 1, 2015, the OTC states would have to first adopt the model rule.
In Maryland, the state’s VOC vehicle refinishing regulation went into effect on April 16. ACA’s Auto-Refinish Coalition submitted comments in January urging Maryland to alter, among other things, the VOC calculations for bug and tar remover, the effective date, and to include a definition for uniform finish coating category. Maryland accepted ACA’s suggestion regarding the VOC calculation; however, ACA continues to seek clarification on the lack of a uniform finish coating category.
Maryland is the second state—Delaware was the first—to adopt a version of the OTC Model Rule for Motor Vehicle and Mobile Equipment Non-Assembly Line Coatings. Pennsylvania is expected to begin the rulemaking process to adopt the model rule this summer.