The New York State Department of Environmental Conservation proposed an amendment to its Architectural and Industrial Maintenance (AIM) VOC rule that would eliminate the Small Container Exemption and shorten the sell-through period for coatings from three years to two years.
The Small Container Exemption, or “quart exemption,” allows for the sale of coatings products that are unregulated by the state’s AIM VOC rules if they are sold in containers that are 1 liter (1.057 quart) or smaller.
“Manufacturers and suppliers may circumvent the VOC limits … by selling the coatings in bundles of quart containers inside a larger pail resulting in greater than anticipated VOC emissions,” the state said in its proposal.
Elimination of the exemption would have a significant impact on the paint and coatings industry in the state, the American Coatings Association (ACA) said in a press release.
“This exemption provides a ‘safety valve’ or last resort option allowing for the use of traditional products in challenging application scenarios in the field as well as when limits in categories become more stringent or a category is eliminated,” ACA stated.
ACA stated that no other state or federal AIM regulation had a sell-through period under three years.
“The proposed two-year sell-through period will require manufacturers [to] travel to stores … and dispose of these products at significant (and unnecessary) expense to stores, retailers, and manufacturers,” ACA stated.
Comments regarding the proposals can be submitted here.
