COMMITTEE RECOMMENDATION FOR COMMISSION ACTION REGARDING TIRE SHINE PRODUCTS – 2014 OTC CONSUMER PRODUCTS MODEL RULE
The information provided herein summarizes the Ozone Transport Commission’s (OTC)response to comments received concerning aerosol tire shine products, and represents the Stationary and Area Source Committee’s official committee recommendation for Commission action. In 2006, the California Air Resources Board’s (CARB) “Regulation for Reducing Emissions from Consumer Products” (Consumer Products Regulation) was amended to clarify that aerosol tire shine productsare regulated under the Consumer Products rule and not under the California or federal aerosol products rules.
Shown below is suggested text for inclusion in the Final 2014 OTC Model Rule for Consumer Products and appropriate accompanying documents upon the pending amendments to the rule and its accompanying Technical Support Document (TSD). The text in (A) below is recommended for use in the OTC Technical Support Document for the 2014 OTC Model Rule for Consumer Products. The text in (B) & (C) should be inserted in the model rule.
(A)Proposed text for the TSD
The OTCintends to retain the definition of the term, “Rubber and Vinyl Protectant,” provided in the Proposed 2014 OTC Model Rule for Consumer Products. This definition is based upon the 2006 California Air Resources Board (CARB) amendments to its Consumer Products Regulation. The OTC believes that the technical support, stakeholder outreach and as well as CARB’s 2006 amendments are reasonably necessary for reducing ozone precursor emissions in the Ozone Transport Region (OTR). However, the OTC recognizes that therevisions in the proposed OTC 2014Model Rule for Consumer Products could result in some compliance difficultiesfor certain Rubber and Vinyl Protectant products that are currently regulated under theU.S. Environmental Protection Agency’s (EPA) National Volatile Organic Compound Emission Standards for Aerosol Coatings codified in 40 CFR Part 59, Subpart E.
The revised “Rubber and Vinyl Protectant’definition in the CARB 2006 amendments and, hence, the 2014 OTC Consumer Products Model Rule clarifies that “aerosol tire shine products”will be subject to regulation in the Rubber and Vinyl Protectant category. Because the reformulation of certain aerosol tire shine products may be necessary in order to comply with amended Consumer Products regulations in the OTR, the effective date in the model rule for aerosol tire shine products in the Rubber and Vinyl Protectant product category will be January 1, 2016. However, the model rule requires the manufacturers of non-aerosol tire shine products to comply by January 1, 2014. Pending adoption of the January 2016 compliance deadline for aerosol tire shine products, the EPA’s National Volatile Organic Compound Emission Standards for Aerosol Coatingswill continue to apply to aerosol tire shine products.
Proposed text for the definition of the term, “Rubber and Vinyl Protectant,” in the OTC Consumer Products Model Rule is set forth below.
Under (ii), after the opening phrase “For products manufactured on and after January 1, 2014” add “except aerosol tire shine products for which the effective date isJanuary 1, 2016,”
(B)Proposed text for the Table of Standards
In the Product Category section of the Table of Standards, two asterisks should be added for the Rubber and Vinyl Protectant Aerosols category to reference a note at the end of the table.
At the end of the table insert the following note: ** “The VOC standards shall apply to aerosol tire shine products in this category, beginning January 1, 2016.”