New VOC Regulations from US EPA,
OTC, CARB, and SCAQMD

These new regulations lower the amount of Volatile Organic Content (VOC) emitted from architectural and industrial maintenance (AIM) coatings. All states are affected, with greatest changes taking place in California, the Northeast, and Mid-Atlantic regions. Most states will be affected as of January 01, 2009.

New regional VOC regulations (OTC, CARB, SCAQMD) differ from U.S. Environmental Protection Agency (USEPA AIM) national VOC standards. In general, the new regional regulations are more restrictive in lowering the maximum amount of VOC’s allowed in these areas. USEPA regulations also permit manufacturers to pay an "exceedance fee" in order to supply non-compliant specialty products. That is not allowed in the regions adopting the new regulations.

Although the new regulations affect what products distributors in these areas can buy from Vexcon after effective dates, "sell-through" provisions let distributors sell inventory of affected coatings manufactured on or before the effective dates. The new regulations affect the following product categories sold by Vexcon:

• Waterproofing Concrete/Masonry Coatings
• Floor Coatings
• Floor Treatments
• Cure & Seal Coatings
• Penetrating Sealers
• Water & Stain Repellents
• Form Treatments
• Paver Treatments
• Curing Compounds
• Waterproof Acrylic Coatings

All Vexcon products comply presently with US EPA AIM VOC rules and regional VOC regulations. Regions and states vary significantly, and the tables below include example limits on a range of product categories. This information has been obtained from sources believed to be accurate. The most current information can be obtained by consulting each agency. Consult your local, state, regional or federal authorities for more information on rules applicable to your area. Consult Vexcon Customer Service or your Vexcon representative at (215) 332-7709 or (888) 839-2661 for more information on how our materials comply with various rules.

Category Examples under Various State and
Regional Standards currently enforced

National AIM rule, January 2005 (regulated by EPA) = US EPA AIM = Federal AIM VOC
40 CFR Part 59 Subpart D under authority of Section 183(e) of the Clean Air Act

California except South Coast: CARB SCM (Suggested Control Measure) categories, Nov 2006

California South Coast: SCAQMD Rule 1113, July 1 2007 (plus Antelope Valley/Mojave Desert)

Northeast and Mid-Atlantic: OTC Phase I Model Rule, January 1 2005 Industrial Maintenance 340 g/L (Model Rule is 250 g/L; states select 340 g/L)

Massachusetts Final Rule 310 CMR 7.25 (11), effective January 1, 2009 (follows OTC Phase I)

Ohio draft rule: Ohio Administrative Code (OAC) 3745-113
*Implementation date of 2008 – Expected to resemble OTC Phase I Model Rule
http://www.epa.state.oh.us/dapc/regs/3745-113/3745-113SYNPropp.pdf

LADCO/MRPO Candidate Control Measures
Options:

• Keep Federal AIM rules 40CFR Part 59
• Adopt OTC Phase I Model Rule
• Adopt SCAQMD Phase III Dec 2003 rule
• Develop Reactivity-Based Limits

*Expected to follow OTC Phase I Model Rule – full implementation projected 2009
http://www.ladco.org

Key to Acronyms
AIM: Architectural, Industrial, Maintenance
CARB: California Air Resource Board = Cal/EPA ARB
EPA: Environmental Protection Agency
LADCO: Lake Michigan Air Directors Consortium (Illinois, Indiana, Mich., Wisc.)
MRPO: Midwest Regional Planning Organization (IL, IN, Mich., Ohio, Wisc.)
OTC: Ozone Transport Commission (CT, DE,D.C., ME, MD, MA, NH, NJ, NY, PA, RI, VT, VA)
SCAQMD: South Coast Air Quality Management

As a fast guide on all our products and which VOC standards they meet, we've included our VOC product guide for your convenience