Colorado and New York are proposing to adopt the Northeast Ozone Transport Commission (OTC) Phase II model rule limiting volatile organic compound (VOC) content for AIM (Architectural and Industrial Maintenance) coatings. In addition, the OTC states will likely begin working on the OTC Phase III AIM model rule in the next year or two, which will be based on the California Air Resources Board (CARB) AIM Suggested Control Measure (SCM) that is likely to be adopted in May 2019.
On Jan. 11, 2019, the Colorado Department of Health and Environment proposed to adopt the OTC Phase II AIM model rule for Colorado. Given that Colorado is currently complying with the federal AIM Rule limits combined with potential climate concerns with the mountainous portions of the state, ACA suggested Colorado instead adopt the more reasonable OTC Phase I Aim model rule limits, or at least first adopt the OTC Phase I limits and then phase in the OTC Phase II limits after two years. Notably, Colorado intends to adopt the AIM rule in July 2019 and include a May 1, 2019 compliance date in its final rule. ACA typically requests at least a one-year compliance date to allow manufacturers and users to prepare for the new limits.
On March 6, 2019, the New York State Department of Environmental Conservation (NYSDEC) also proposed to adopt the OTC II AIM model rule. However, the NYSDEC is also proposing to potentially eliminate the small container exemption and provide only a two-year sell through; every other AIM rule includes at least a three-year sell through period. ACA is preparing comments for NYSDEC's comment deadline of May 20. The department will conduct public hearings on its proposal on May 6, 13 and 14.
As aforementioned, CARB is scheduled to adopt a new AIM coatings SCM in May 2019. The SCM is important since the various California Air Districts will use it to develop their future AIM rule revisions. In addition, the OTC states will likely utilize the SCM in the development of the OTC Phase III AIM model rule in the next year or so.