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Proposed Parts 205 and 200 Regulatory Impact Statement

Introduction

The Department of Environmental Conservation (DEC) proposes to adopt revisions to 6 NYCRR Part 205, "Architectural and Industrial Maintenance (AIM) Coatings," and Part 200, "General Provisions" (collectively, Part 205). AIM coatings, such as paint, are applied to stationary structures or their appurtenances at the site of installation, portable buildings at the site of installation, pavements, or curbs. While AIM coatings are often referred to as "paint" there are over 50 categories of coatings regulated in Part 205. They range from flat wall paint to bathtub coatings. These products often contain volatile organic compounds (VOCs) as part of their formulation. During and after application, VOCs are released into the ambient air where they interact with oxides of nitrogen (NOx) to create ozone.

Ozone is a criteria pollutant defined in the Clean Air Act (CAA) and, as a result, the Environmental Protection Agency (EPA) sets national ambient air quality standards (NAAQS) for this air pollutant. Currently, the New York City Metropolitan Area (NYMA) is designated as a nonattainment area under the ozone NAAQS and, as a result, New York is responsible for developing regulations to lower ozone in the ambient air. This proposal is part of the effort to reduce VOC emissions in New York.

DEC is seeking to revise 6 NYCRR Part 205, the AIM coatings rule, and make conforming revisions to Part 200, General Provisions, to comply with CAA and federal regulatory requirements. DEC will be required to incorporate the revisions to Part 205 and the attendant revisions to Part 200 into New York's State Implementation Plan (SIP) and provide the revised SIP to EPA for review and approval.

Statutory Authority

The statutory authority for the promulgation of 6 NYCRR Part 205 and the attendant revision to 6 NYCRR Part 200 is found in the New York State Environmental Conservation Law (ECL), Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105.

ECL Section 1-0101. This section declares it to be the policy of the state to conserve, improve and protect its natural resources and environment and control air pollution in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well-being. Section 1-0101 further expresses, among other things, that it is the policy of the state to coordinate the state's environmental plans, functions, powers and programs with those of the federal government and other regions and manage air resources so that the state may fulfill its responsibility as trustee of the environment for present and future generations. This section also provides that it is the policy of the state to foster, promote, create and maintain conditions by which man and nature can thrive in harmony by providing that care is taken for air resources that are shared with other states.

ECL Section 3-0301. This section states that it shall be the responsibility of DEC to carry out the environmental policy of the state. In furtherance of that mandate, Section 3-0301(1)(a) gives the Commissioner authority to "[c]oordinate and develop policies, planning and programs related to the environment of the state and regions thereof...". Section 3-0301(1)(b) directs the Commissioner to promote and coordinate management of, among other things, air resources "to assure their protection, enhancement, provision, allocation, and balanced utilization consistent with the environmental policy of the state and take into account the cumulative impact upon all of such resources in making any determination in connection with any license, order, permit, certification or other similar action or promulgating any rule or regulation, standard or criterion." Pursuant to ECL Section 3-0301(1)(i), the Commissioner is charged with promoting and protecting the air resources of New York including providing for the prevention and abatement of air pollution. Section 3-0301(2)(a) permits the Commissioner to adopt rules and regulations to carry out the purposes and provisions of the ECL. Section 3-0301(2)(m) gives the Commissioner authority to "[a]dopt such rules, regulations, and procedures as may be necessary, convenient or desirable to effectuate the purposes of this chapter."

ECL Section 3-0303. This section requires that DEC formulate and, from time to time, revise a statewide environmental plan for the management and protection of the quality of the environment and the natural resources of the state. In formulating this plan and any revisions, DEC is required to conduct public hearings, cooperate with other departments, agencies and government officials, and any other interested parties, and obtain assistance and data as may be necessary from any department, division, board, bureau, commission or other agency of the state or political subdivision or any public authority to enable DEC to carry out its responsibilities.

ECL Section 19-0103. This section declares that it is the policy of New York State to maintain a reasonable degree of purity of air resources. In carrying out such policy, DEC is required to balance public health and welfare, the industrial development of the state, propagation and protection of flora and fauna, and the protection of personal property and other resources. To that end, DEC is required to use all available practical and reasonable methods to prevent and control air pollution in the state.

ECL Section 19-0105. This section declares that it is the purpose of Article 19 of the ECL to safeguard the air resources of the state under a program which is consistent with the policy expressed in Section 19-0103 and in accordance with other provisions of Article 19.

ECL Section 19-0107. This section provides definitions to be used in the application of the requirements of Article 19 of the ECL.

ECL Section 19-0301. This section authorizes DEC to adopt regulations to prevent and control air pollution in such areas of the state that are affected by air pollution, develop a general comprehensive plan for the control and abatement of existing air pollution and for the control and prevention of new air pollution and cooperate with government agencies and other states or interstate agencies with respect to the control of air pollution.

ECL Section 19-0302. This section states that permit applications, renewals, modifications, suspensions and revocations are governed by rules and regulations adopted by DEC, and that permits issued may not include performance, emission or control standards more stringent than any standard established by the Act or EPA unless such standards are authorized by rules or regulations.

ECL Section 19-0303. This section provides that the terms of any air pollution control regulation promulgated by DEC may differentiate between particular types and conditions of air pollution and air contamination sources.

ECL Section 19-0305. This section authorizes DEC to enforce the codes, rules and regulations established in accordance with Article 19.

ECL Sections 71-2103 and 71-2105. These sections include provisions for the civil and criminal enforcement of Article 19 of the ECL.

Legislative Objectives

Article 19 of the ECL was enacted to safeguard the air resources of New York from pollution and ensure protection of the public health and welfare, the natural resources of the state, and physical property by integrating industrial development with sound environmental practices. It is the policy of the state to require the use of all available, practical and reasonable methods to prevent and control air pollution in New York. To facilitate this objective, the Legislature granted specific powers and duties to DEC, including the power to adopt and promulgate regulations to prevent, control and prohibit air pollution. The provisions cited above clearly provide DEC with the requisite authority to create this regulation.

Needs and Benefits

New York faces a significant public health challenge from ground-level ozone, which causes health effects ranging from respiratory disease to death. In response to this public health concern, New York has enacted a series of regulations designed to control ozone and its chemical precursors, including VOCs. In the course of establishing this regulatory framework, New York has promulgated regulations under 6 NYCRR Part 205 (Part 205) to limit the VOCs emitted by a group of interior and exterior paints, stains and sealers known as architectural and industrial maintenance coatings (AIM coatings).

On March 12, 2008, the EPA revised the 8-hour ozone NAAQS to a level of 0.075 parts per million (ppm). On May 21, 2012, EPA designated the NYMA (consisting of New York City, Long Island, and Rockland and Westchester Counties) and the Jamestown area as nonattainment for the 2008 NAAQS. Subsequently, on May 4, 2016 the Jamestown area was found to be attaining the 2008 NAAQS, while the New York metropolitan area was reclassified from marginal to moderate nonattainment.

On October 1, 2015, the EPA strengthened the ozone NAAQS by revising the 8-hour ozone NAAQS to a level of 0.070 ppm. On June 4, 2018, EPA designated the NYMA (again consisting of New York City, Long Island, and Rockland and Westchester Counties) as nonattainment for the 2015 NAAQS with a moderate classification.

Pursuant to the CAA, New York State is required to develop and implement enforceable strategies that will bring the entire state into attainment for the 2008 and 2015 8-hour ozone NAAQS. Part 205, the AIM coatings rule, is currently part of New York State's 1-hour (1990) and 8-hour (1997) SIPs,and is one of the regulations that DEC is proposing to revise in order to help achieve statewide attainment with the more stringent 2008 and 2015 NAAQS.

Background:

New York State first adopted 6 NYCRR Part 205 "Architectural Surface Coatings" in 1988, which resulted in an estimated 9.3% reduction in VOC emissions from architectural surface coatings. In 1993, EPA announced that it was planning to develop a federal rule that would lead to a 25% reduction in VOCs from this category. However, in September 1994, the EPA terminated development of the national rule. In November 1994, DEC drafted amendments to Part 205 to attain the 25% emissions reduction that the EPA proposed in 1993, however, DEC abandoned that effort to further revise the rule.

On June 25, 1996, EPA issued a proposed federal AIM rule that it claimed would result in a 20% reduction of VOCs from the paint and coatings industry sector. However, when compared to New York's existing Part 205 requirements, the proposed EPA rule was less stringent due to the exceedance fee and variance provisions. In addition, Part 205 contained eleven coating categories while the EPA proposed only five. DEC worked with other state environmental agencies and the OTC to develop a regional AIM program to ensure actual VOC reductions were realized.

On September 11, 1998, EPA published their final AIM rule in the Federal Register under 40 CFR Part 59, Subpart D. This rule covers sixty-one coating categories and established an exceedance fee program as well as a VOC tonnage exemption.

Because New York State remained in nonattainment of the ozone NAAQS, DEC spearheaded the development of an OTC model rule that was adopted in 2003 and became effective in 2005. Although the original rule included a small manufacturers exemption, that provision was removed in 2006 as part of a lawsuit settlement between DEC and Sherwin-Williams and the National Paint Coatings Association, now the American Coatings Association (ACA).

With the lowering of the ozone NAAQS, DEC must again identify industry sectors for VOC reduction. In 2006, CARB conducted a study based on survey data to examine VOC levels in coatings. From that study, CARB published Suggested Control Measures (SCM) for AIM coatings in California. DEC again took the lead in the OTC process to develop a new AIM model rule based on CARB's SCM. DEC will be required to incorporate the revisions to Part 205 and the attendant revisions to Part 200 into New York's SIP, and provide the revised SIP to EPA for review and approval.

Benefits:

The OTC estimated that the OTC Region's specific percent reductions in the architectural and industrial maintenance coating sector resulting from implementation of the rule are as follows1:

Coating Category Percent VOC
reduction
Flat, Non Flat 32.4
Traffic Markings 9.7
Industrial Maintenance 38
Other Specialty Coatings 34.3
Overall AIM Coating Reduction 33.7

Applying these categorical reductions to New York, DEC estimates the rule revisions will achieve VOC mass reductions of approximately 16 tons per day (TPD).

Summary of the proposed rule:

DEC proposes to revise Part 205 consistent with a model rule developed by the Ozone Transport Commission (OTC) in 2011. Key provisions of this proposal include:

  • Eliminating 15 coating categories and sub-categories
  • Adding 12 new coating categories
  • Lowering VOC limits on 12 coating categories
  • Broadening the scope of DEC's data collecting authority
  • Adding transitional language
  • Updating definitions and codes (revise Section 200.9)
  • Eliminating the quart exemption (not included in the model rule)

Brief discussions of DAR's proposed revisions to Part 205 are presented below.

Eliminate 15 coating categories and sub-categories

DEC is revising Sections 205.2 and 205.3 (definitions and standards Sections) by eliminating 15 coating categories and sub-categories. These coating categories and sub-categories will be absorbed into existing or new categories with the exception of "temperature indicator safety coatings." Surveys conducted by the California Air Resources Board (CARB) in 2001 and 2005 showed that "temperature indicator safety coatings" were not produced in either year. Also, if a manufacturer decides to begin production of this type of coating in the future, it will fall under the category "industrial maintenance." The corresponding VOC limits for these revised categories will either remain the same or be reduced, ensuring no increased emissions due to this action.

The coating categories proposed for elimination with the coating category it is proposed to be absorbed by:

Eliminated Category Absorbed By
Antenna Coatings (530 grams per liter (g/l) Industrial Maintenance (250 g/l)
Antifouling Coatings (400 g/l) Industrial Maintenance (250 g/l)
Clear Wood Coatings
  • Clear Brushing Lacquers (680 g/l)
  • Lacquers (550 g/l)
  • Sanding Sealers (350 g/l)
  • Varnishes (350 g/l)
Wood Coatings (275 g/l)
Fire Retardant Coatings
  • Clear (650 g/l)
  • Opaque (350 g/l)
Industrial Maintenance (250 g/l)
Flow Coatings (420 g/l) Industrial Maintenance (250 g/l)
Quick Dry Enamels (250 g/l) Flat (50 g/l) or
Nonflat (100 g/l) or
Nonflat High Gloss (150 g/l)
Quick Dry Primers, Sealers & Undercoaters (200 g/l) Specialty Primers, Sealers & Undercoaters (100 g/l)
Swimming Pool Repair & Maintenance Coatings (340 g/l) Swimming Pool Coatings (340 g/l)
Temperature Indicator Coatings (550 g/l) Industrial Maintenance (250 g/l)
Waterproofing Sealers (250 g/l) Concrete/Masonry Sealers (100 g/l) or
Waterproofing Membranes (250 g/l)
Waterproofing Concrete/Masonry Sealers (400 g/l) Basement Specialty Coatings (400 g/l) or
Concrete/Masonry Sealers (100 g/l) or
Waterproofing Membranes (250 g/l)

Add 12 new coating categories

DEC is also revising Sections 205.2 and 205.3 by adding 12 new coating categories. The new categories are added to address the consolidation of eliminated categories or manufacturing progress/updates. Three new categories "basement specialty coatings," "concrete/masonry sealer" and "waterproofing membranes" will absorb the two eliminated categories "waterproofing sealers" and "waterproofing concrete/masonry sealers" depending on the type of coating technology used and corresponding substrate. A new category "wood coatings" will absorb the eliminated category "clear wood coatings" along with the corresponding sub-categories "clear brushing lacquers," "lacquers," "sanding sealers" and "varnishes." The remaining new categories, "aluminum roof," "conjugated oil varnish," "reactive penetrating sealer," "reactive penetrating carbonate stone sealer," "stone consolidants," "tub and tile refinish" and "zinc-rich primer" are a result of new data or manufacturing updates related to these types of coatings.

The coating categories proposed for addition are:

New Category Limit (g/l)
Aluminum Roof 450
Basement Specialty Coatings 400
Concrete/Masonry Sealer 100
Conjugated Oil Varnish 450
Driveway Sealer 50
Reactive Penetrating Sealer 350
Reactive Penetrating Carbonate Stone Sealer 500
Stone Consolidants 450
Tub and Tile Refinish 420
Waterproofing Membranes 250
Wood Coatings 275
Zinc-Rich Primer 340

Lower VOC limits on 12 coating categories

DEC is revising Section 205.3 by reducing the VOC limits on 12 categories. DEC worked with the OTC staff as well as stakeholders to determine where VOC limits could be reduced to allow for future emissions reductions. After meeting with stakeholders and conducting several conference calls, staff determined that lower VOC limits for these categories were both technologically feasible, and in most cases already being sold to the public.

The coating categories proposed for lowered VOC limits are:

Category Limit lowered (g/l)
Bituminous Roof Coatings From 300 to 270
Dry Fog Coatings From 400 to 150
Flat Coatings From 100 to 50
Floor Coatings From 250 to 100
Industrial Maintenance From 340 to 250
Mastic Texture Coatings From 300 to 100
Nonflat Coatings From 150 to 100
Nonflat-High Gloss From 250 to 150
Primers, Sealers & Undercoaters From 200 to 100
Rust Preventative From 400 to 250
Specialty Primers, Sealers & Undercoaters From 350 to 100
Traffic Marking From 150 to 100

Add transitional language

At the request of stakeholders, DEC is revising Sections 205.2 and 205.3 by adding transitional language to clarify definitions, including those related to the new coating categories, and explicitly identifying when certain categories will be phased out and new ones phased in under the revised rule. The proposed language helps those subject to the rule to determine rule applicability and provides a schedule of compliance by keeping the existing definitions in the rule, rather than deleting them, and adding clarifying language to identify the date a category will be eliminated. Additionally, the proposed revisions provide for a two-year sell-through period. While the manufacture of certain coatings will be prohibited on January 1, 2021, the sale of coatings manufactured prior to that date will be allowed to continue for an additional two years. The sell-through period was also requested by stakeholders.

Update definitions and codes as necessary

DEC is revising Section 205.2, "Definitions", to clarify and update specific definitions that are currently unclear or require updating to reflect the other program changes.

DEC is also revising subdivision 205.3(b), which is the "most restrictive VOC limit" provision of the rule to address the new and eliminated coating categories.

Section 205.6 will be updated to reflect the most up-to-date ASTM publications. As a result of these updates, Section 200.9 will also be updated.

Eliminate the quart exemption

DEC is revising paragraph 205.1(b)(3) of the applicability section to eliminate what is known as the "quart exemption." Currently, Part 205 does not regulate coatings sold in containers with a volume of one liter (1.057 quart) or less. Manufacturers and suppliers could circumvent Part 205 by selling the coatings in bundles of quart containers inside a larger pail; a practice informally known as "bundling". Once sold, contractors could empty the quart containers into the larger container and then apply the high VOC product. This results in greater than anticipated VOC emissions. To address this issue, the proposed revision will eliminate the language of Part 205 exempting quart containers. As stated above, this proposed revision is not included in the OTC AIM Model Rule.

Broaden the scope of DEC's data collection authority

DEC is broadening the scope of its authority to collect information pursuant to Section 205.5, "Reporting requirements". This revision gives manufacturers additional time to respond and allows the DEC to request more information than under the existing rule. Currently, DEC cannot request information on products manufactured for use outside of the state (which could then be sold back into the state) or sold in the state in containers of one liter or less. In the past, some manufacturers have voluntarily provided this information when requested, but others have not. The collection of this information is important in developing emission inventories and enforcing the rule.

Costs

Department staff reviewed available reports for assessing costs, including CARB's study of affected businesses to determine the control costs that would be incurred under the SCM. CARB estimated a per-limit cost-effectiveness ranging from a net savings to $13.90 per pound of VOC reduced, with an overall cost-effectiveness of $1.12 per pound of VOC reduced (in 2007 dollars). These values were based on the assumption that companies will absorb all costs (i.e. none were passed down to consumers) and may therefore be slightly inflated. CARB computed an average 2.1 percent decline in return on owner's return on equity (ROE-calculated by dividing net profit by net worth), and used this to gauge economic impact. CARB determined that this should not significantly impact the profitability of most businesses, although it may have an impact on the smallest operations. Overall, business profitability and job opportunities would not be significantly affected.

CARB also determined that companies that sell coatings in OTC states will incur costs associated with lowering the VOC limit of the industrial maintenance (IM) coating category. The 2000 CARB SCM calculated the cost-effectiveness of lowering the IM coating VOC limit from 340 g/L to 250 g/L to be $5.59 per pound of VOC reduced in 2000. Manufacturers have had to reformulate their IM coatings to comply with this standard in California since 2000 and for the rest of the coatings since 2007. Because these coatings have been manufactured, sold and applied for at least 9 years DEC does not expect the costs to be as high as the older CARB Staff reports estimated.2

The costs associated with this proposed rulemaking also include a portion of Department staff time to develop the rule language and associated administrative documents and routing. In addition, DEC anticipates outreach and informative calls and meetings with stakeholders. DEC does not anticipate additional costs to other branches of local or state government with respect to conformance to the proposed revisions.

Since the proposed lower VOC limits have been in effect in California since 2008, the technology to manufacture these coatings with the new limits is not only available, but has been available for years. Furthermore, DEC has worked with stakeholders for several years and discussed the proposed limits.

Additionally, there may be some cost to manufacturers that have coating supplies which were manufactured before the effective date of this rule. In consideration of the manufacturers' costs, DEC is proposing a two-year sell through of these coatings. By allowing the sellers two years to sell these coatings, DEC anticipates very little to no cost to the manufacturers.

Paperwork

The proposed changes to Part 205 broaden the scope of DEC's authority to collect information. Specifically, Part 205.5 requires that manufacturers keep data on file for three years with the following information:

(1) the name and mailing address of the manufacturer;

(2) the name, address and telephone number of a contact person;

(3) the name of the coating product as it appears on the label and the application coating category;

(4) whether the product is marketed for interior or exterior use or both;

(5) the number of gallons sold in New York State in containers greater than one liter (1.057 quart) and equal to or less than one liter (1.057 quart);

(6) the VOC actual content and the VOC regulatory content in grams per liter;

(7) the names and CAS numbers of the VOC constituents of the product;

(8) the names and CAS numbers of any compound in the product specifically exempted from the VOC definition, as listed in subsections 205.2 (cg) and (ch);

(9) whether the product is marketed as solventborne, waterborne, or 100 percent solids;

(10) description of resin or binder in the product;

(11) whether the coating is a single-component or multi-component product;

(12) the density of the product in pounds per gallon;

(13) the percent of weight of solids, all volatile materials, water, and any compounds in the product specifically exempted from the VOC definition, as listed in subsections 205.2 (cg) and (ch); and

(14) the percent by volume of solids, water and any compounds in the product specifically exempted from the VOC definition, as listed in subsection 205.2 (cg) and (ch).

If DEC requests this information, the manufacturer's responsible official will be given 180 days to supply the requested information. DEC is allowing for each manufacturer to hold this data, rather than submit an annual report to ensure this requirement is not overly burdensome. In addition, allotting 180 days to respond should eliminate undue burden to respond to the request.

Local Government Mandates

The revisions to Part 205 do not impose record keeping, reporting, or other requirements on local governments. The authority and responsibility for implementing and administering Part 205 resides solely with DEC. Requirements for record keeping, reporting, etc. are applicable only to the person(s) who manufactures, sells, supplies, or offers AIM coatings for sale.

Duplication Between this Regulation and Other Regulations and Laws

The revisions to Part 205 regulate all of the architectural and industrial maintenance coatings regulated by the federal government under 40 CFR Part 59, National Volatile Organic Compound Emission Standards for Architectural Coatings. The federal rule was developed in 1998 and has not been revised since. The AIM coating sector has seen many technological advancements since 1998 and, as a result, has been able to formulate quality coatings with much lower VOC content.

One area of variation between the proposed revisions to Part 205 and the federal rule is for recycled coatings. Part 205 utilizes the straightforward approach of meeting a VOC limit (250 grams/liter). The federal rule allows manufacturers that use post consumer recycled product in their coating to multiply the percentage of recycled coating in their product by the total VOC content of the product to get a number that is subtracted from the total VOC content of the end product. It is this number that is used to determine if a product is in compliance with the VOC limit in the federal rule.

While the definitions in Part 205 are somewhat different than those in the federal rule, the VOC limits within Part 205 are at least as stringent, if not more stringent, than those set in the federal rule. Part 205 contains all coatings listed in the federal rule. Therefore, with the exception of coatings that contain post consumer recycled content, a manufacturer need only comply with the limits in Part 205 to be in compliance with the architectural coatings VOC content limits for the New York State and the federal rule.

Alternatives

The following alternatives have been evaluated to address the goals set forth above:

  1. No action taken;
  2. Revising paragraph 205.1(b)(3); and
  3. Removing paragraphs 205.3(b)(1)-(19).

1. No Action:

If the AIM coatings VOC limits are not revised to accurately reflect updates and improvements in the manufacturing process, the regulation will not keep up with the current state of the AIM coatings market. The proposed revisions to strengthen the enforceability and reporting requirements of the rule are essential to curb rule circumvention. Without the revisions, it will be more difficult for the state to achieve the necessary VOC emission reductions, which will hamper DEC's efforts to make immediate progress towards attaining the 2008 and 2015 eight-hour ozone NAAQS.

2. Revising paragraph 205.1(b)(3):

Paragraph 205.1(b)(3) currently exempts quart-sized containers from the requirements of the rule for the purpose of small specialty projects. To address rule circumvention through the practice of combining multiple exempt containers into a larger container, called "bundling," DEC considered three alternatives:

i) Only remove the quart exemption for the floor coatings category since DEC received the most complaints for this category;

ii) Remove the quart exemption for certain categories, such as floor coatings and similar coatings used in large projects, while maintaining the quart exemption for categories that are typically used in small applications; oriii)

iii) Remove the quart exemption for all coatings categories to prohibit the practice of "bundling."

DEC received multiple complaints regarding the use of exempt quart containers on large projects. While the greatest number of complaints received so far relate to the use of floor coating products, the quart exemption applies to all coating categories. Because the exemption was intended solely for small specialty products, circumvention of the rule creates an unfair advantage over those complying with the requirements as intended. DEC proposes the elimination of the quart exemption for all coating categories in order to address the complaints about the misuse of the exemption and to ensure that the projected VOC reductions needed to make immediate progress towards attaining the 2008 and 2015 eight-hour ozone NAAQS are achieved.

3. Removing paragraphs 205.3(b)(1)-(19):

DEC considered removing the "most restrictive VOC limit" provision from the rule as it creates an unforeseen avenue for rule circumvention. If more than one category definition applies to a coating, the category with the most restrictive limit applies to VOC content. However, those categories listed in 205.3(b)(1)-(19) are exempt from this provision. As proposed, any coating with advertised usages under more than one coating category would be required to meet the most stringent limit unless it is listed in paragraphs 205(b)(1)-(19). This paragraph allows listed coatings to adhere to the VOC limit of the coating category listed. This could possibly result in higher VOC emissions. While the removal of this provision was discussed in stakeholder meetings, DEC has determined that removal of the provision is not necessary at this time. Instead, DEC worked with CARB to revise this provision, which will promote consistency across the region and simplify compliance for the stakeholders.

Federal Standards

Both the current version of Part 205 (2003) and the proposed revisions are more stringent than the current federal AIM coatings standard, 40 CFR Part 59, National Volatile Organic Compound Emission Standards for Architectural Coatings. The federal standard became effective in 1998 and AIM coating technology has advanced to allow for quality products formulated with lower VOCs.

Compliance Schedule

The proposed effective date for the revisions to Part 205 is January 1, 2021. The two-year sell-through provision allows for product manufactured before this date to be sold through December 31, 2022.

__________

1 "Model Regulations for Nitrogen Oxides (NOx) and Photo-reactive Volatile Organic Compounds (VOCs) Technical Support Document" (Revised August, 2016)
2 CARB (2007). "Staff report for proposed amendments to the suggested control measure for architectural coatings" pp 23-25


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