Proposal:

Amend Rule 1168 - Control of Volatile Organic Compound Emissions from Adhesive Application

Synopsis:

Proposed amendments will: (i) implement recent changes to the Health and Safety Code; (ii) defer certain future VOC limits from January 1, 1998 to January 1, 2003, to allow further time for product formulation; and (iii) adjust some VOC limits due to changes in test methods. The change in state law will result in a loss of 0.2 ton per day of VOC emission reductions and the remaining revisions will defer 0.7 ton per day of VOC emission reductions from 1998 to 2003.

Committee:

Stationary Source, February 21, 1997, Reviewed.

Recommended Action:

1. Certify the Final Supplemental Environmental Assessment.

2. Amend Rule 1168 - Control of Volatile Organic Compound Emissions from Adhesive Application.

James M. Lents, Ph.D.
Executive Officer

Background

Rule 1168 - Control of Volatile Organic Compound Emissions from Adhesive Application, was first adopted in April 1989 to reduce VOC emissions from the use of plastic pipe cements and aerosol adhesives. While such usage mainly occurs at numerous small unpermitted facilities, there are several larger sources involved in spa and hot tub manufacturing. The rule has been amended six times since 1989. The last adjustment to account for technological limitations was made on December 4, 1992, which postponed the compliance date of a 250 gram per liter VOC content limit for plastic cement products from January 1, 1993 to January 1, 1998, with interim limits effective January 1, 1994.

While the rule has been successful in reducing VOC emissions from this source category, technology has not yet developed to enable compliance with all of the January 1998 VOC limits of Rule 1168. Staff has received several requests from affected industries to change the January 1, 1998 VOC content limits for solvent cements which are not yet achievable. Staff investigation shows that the state of current technology is limited not only by federal, state, and local regulations, but also by national codes and standards. There are only four organic solvents approved for use in solvent cements by the American Society for Testing and Materials namely, tetrahydrofuran, methyl ethyl ketone, cyclohexanone, and acetone. All of the above are VOCs, except for acetone which has been recently exempted. Acetone has limited use due to solubility limits which can be detrimental to rigid plastic pipes. Chlorinated and fluorinated compounds are not allowed for use by the National Sanitation Foundation because of their toxicity and long half-lives. In addition to toxic effects, chlorinated and fluorinated compounds are currently undergoing regulatory phase-out because of their ozone depleting or global warming potential. Among this list are 1,1,1-trichloroethane, chlorofluorocarbon, and carbon tetrachloride.

High solids materials and water formulations with lower VOC contents have been researched at length, but have failed in actual performance tests. High solids materials did not meet long shelf life criteria, and soon turned to an unusable gel. Water formulations are still technologically infeasible due to the need for matching surface tensions of the cement and the pipe and fitting materials. On the other hand, staff is aware of ongoing research in the area of adhesives comprised of 100% solids, that may be technologically feasible. To allow adequate time for this technology to prove itself, staff is proposing an extension of the compliance date to 2003 for four affected adhesive categories.

Assembly Bill (AB) 1849 (Sher), recently chaptered into state law, revised Health and Safety Code Section 41712(h) which now states that "Effective January 1, 1997, the state board’s 75% standard shall apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses and any district regulations limiting the VOC content of, or emissions from, aerosol adhesives, are null and void." The AQMD is, however, authorized to enforce the state board’s current VOC limit of 75% by weight for aerosol adhesives. AB 1849 requires CARB to prepare a study and conduct a public hearing on the need for, and the feasibility of, establishing a more stringent standard for aerosol adhesives on or before July 1, 2000. This state law provision sunsets January 1, 2000, after which date AQMD may adopt and enforce regulatory standards more stringent than the current one, after going through the usual rule development process.

In addition, revisions to AQMD laboratory Test Method 316A now indicate a higher VOC content than that shown by the test method used to set the existing rule limits. This has no impact on actual VOC emissions. Slight adjustments are therefore warranted to match the VOC limits to the method of analysis to be used to ensure compliance.

Proposal

The staff proposal will:

• adjust the following current VOC limits to reflect AQMD modified laboratory Test Method 316A, effective April 11, 1997:
  • Polyvinyl chloride (PVC) welding from 450 to 510 grams per liter (gpl)
  • Chlorinated polyvinyl chloride (CPVC) welding from 450 to 490 gpl
  • Acrylonitrile-butadiene-styrene (ABS) welding from 350 to 400 gpl

• delay the January 1, 1998 technology-forcing limits for PVC, CPVC, plastic cement welding, and adhesive primer for plastic until January 1, 2003 to provide additional time for development, and adjust some of the VOC limits to reflect laboratory Test Method 316A:
  • PVC welding - delay 250 gpl limit and adjust to 285 gpl
  • CPVC welding - delay 250 gpl limit and adjust to 270 gpl
  • Plastic cement welding - delay 250 gpl limit
  • Adhesive Primers for Plastic - delay 250 gpl limit

• delete the aerosol adhesive VOC limits, method of analysis for determining their VOC weight percent, and other relevant material, to comply with recent state law directives;
• add a purpose and applicability statement consistent with EPA’s policy;
• extend the limited exemption period from January 1, 1998 to January 1, 2003 for adhesives used in thin metal lamination; and
• shorten the title of the rule.

AQMP and Legal Mandates

The California Health and Safety Code requires the AQMD to adopt an AQMP to meet state and federal ambient air quality standards in the South Coast Air Basin. In addition, the California Health and Safety Code requires that the AQMD adopt rules and regulations that carry out the objectives of the AQMP.

The total amount of future emission reductions delayed by implementation of this proposal is 0.7 ton of VOC per day. The emission reductions lost due to a change in state law with respect to aerosol adhesives is 0.2 ton of VOC per day. Staff will continue to monitor technological developments to assess the feasibility of further emissions reductions in the future.

CEQA

Pursuant to CEQA and the AQMD’s Certified Regulatory Program (Rule 110), the AQMD has prepared a Supplemental Environmental Assessment (EA) for proposed amended Rule 1168. The Draft Supplemental EA was made available for a 45-day review period ending January 31, 1997. No comments were made on the draft document. Though the amendments would not cause an increase in VOC emissions, but merely delay previously anticipated future emission reductions from certain adhesive applications, the AQMD conservatively considers such effects to be significant. The proposed amendments to Rule 1168 would not have any effect on environmental areas other than future air quality. The Final Supplemental EA is included as part of this package presented to the Governing Board for the public hearing on the proposed amendments.

Socioeconomic Analysis

The proposed amendments to Rule 1168 will change the effective date of compliance from January 1, 1998 to January 1, 2003 for four categories of solvent cements. The extension is proposed due to the current technological infeasibility of creating a compliant product and the newly modified AQMD laboratory method for calculating VOC content. This extension will result in delayed VOC emission reductions of about 0.7 ton per day.

AB 1849 gives the ARB the authority to regulate aerosol adhesives between January 1, 1997 and January 1, 2000. Therefore, the proposed amendments will remove all references to aerosol adhesives. The removal of aerosol adhesives from Rule 1168 will result in a loss of VOC emission reductions of about 0.2 ton per day. Overall, the proposed amendments to Rule 1168 are expected to result in potential unquantified monetary savings to affected facilities.

On October 14, 1994, the Governing Board adopted a resolution that requires staff to address whether rules being proposed for adoption or amendment are being considered in order of cost-effectiveness. The 1997 AQMP ranks, in order of cost-effectiveness, all of the proposed control measures for which costs were quantified. The amendments to Rule 1168 are not part of the 1997 AQMP, but rather respond to issues raised by the Committee on Solvent Cement Environmental Issues, the state legislation, and the sources affected by Rule 1168. In addition, the proposed amended rule does not impose any new emission control requirements. Consideration of cost-effectiveness is, therefore, not applicable. Since the rule amendment does not significantly affect air quality or emissions limitations to the detriment of business, a socioeconomic assessment is not required. (Health & Saf. Code §40440.8.)

Implementation Plan

Staff will continue to work with industry to address any issues that may arise in implementing this rule.

Resource Impact

Existing AQMD resources are sufficient to continue to implement the proposed changes to this rule with no impact on the budget.

Attachments
Summary of Proposed Amendments
Rule Development Flow Chart
Key Contacts
Key Issues and Responses
Resolution
Rule Language
Final Staff Report
Final Supplemental Environmental Assessment Report