Comment Log Display

January 29, 2010



California Air Resources Board
1001 I Street
Sacramento, California  95814
Attn:  Alexa Malik, Clerk of the Board
http://www.arb.ca.gov/lispub/comm/bclist.php

Subject:	Comments to ARB’s 15 Day Notice of Modified Text to 2009
Amendments 

Dear Members of the Air Resources Board:

The American Coatings Association appreciates the opportunity to
comment on the California Air Resources Board’s (ARB’s) 15-Day
Notice of Public Availability of Modified Text for the Public
Hearing to Consider Proposed Amendments to the California Consumer
Products Regulation. 

The American Coatings Association (ACA) is a voluntary, nonprofit
trade association working to advance the needs of the paint and
coatings industry and the professionals who work in it. The
organization represents paint and coatings manufacturers, raw
materials suppliers, distributors, and technical professionals. ACA
serves as an advocate and ally for members on legislative,
regulatory and judicial issues, and provides forums for the
advancement and promotion of the industry through educational and
professional development services. 

After reviewing the changes in the 15 Day Notice, the ACA has the
following comment.  

The proposed definition of the aromatic compound (13) is in
conflict with the current definition for (94) LVP-VOC and should be
reconciled to the current regulatory definition.

  The current definition of LVP-VOC is as follows:
“LVP-VOC” means a chemical “compound” or “mixture” that contains
at least one carbon atom and meets one of the following:
(A)	has a vapor pressure less than 0.1 mm Hg at 20°C, as
determined by ARB Method 310; or
(B)	is a chemical “compound” with more than 12 atoms, or a
chemical “mixture” comprised solely of “compounds” with more than
12 carbon atoms, as verified by formulation data, and the vapor
pressure and boiling point are unknown; or
(C)	is a chemical “compound” with a boiling point greater than
216°C, as determined by ARB Method 310; or
(D)	is the weight percent of a chemical “mixture” that boils above
216°C, as determined by ARB Method 310.

For the purpose of the definition of LVP-VOC, chemical “compound”
means a molecule of definite chemical formula and isomeric
structure, and chemical “mixture” means a substance comprised of
two or more chemical “compounds.”

The current definition of aromatic compound is as follows:
“Aromatic Compound” means a carbon containing compound that
contains one or more benzene or equivalent heterocyclic rings and
has an initial boiling point less than or equal to 280oC. “Aromatic
Compound” does not include compounds excluded from the definition
of Volatile Organic Compound (VOC) in this Section 94508(a).
The two definitions are clearly in conflict with each other and
should be reconciled to the current regulatory definition.  

We are aware that the National Aerosol Association (NAA) and the
Consumer Specialty Products Association (CSPA) has proposed
solutions for this inconsistency.  ACA recognizes the importance of
the LVP-VOC exemptions and wants to make sure that the regulatory
language proposed in this rulemaking does not jeopardize this
concept.  ACA supports reconciliation of this language in order to
ensure that the definition of “Aromatic compound” does not include
compounds defined as LVP-VOC.  Both NAA and CSPA's proffered
solution will accomplish this.  

ACA appreciates the opportunity to submit this comment.  If you
have any questions, please do not hesitate to contact me.  

Best regards,

Heidi K. McAuliffe, Esq.
Counsel, Government Affairs