The OTC is an association of states in the Northeast which is tasked with developing regional strategies for controlling air quality. For Consumer Products, they decided to develop a VOC rule modeled after California's 2002 version of Consumer Product VOC Rules. Once the OTC completed the model rule, which was nearly an exact copy of the California rule, it was up to each state to adopt their own rule based on the OTC model. There are a few differences in the rules developed by the individual states but for the most part they are the same and nearly the same as the California rules. There has been some confusion about how the rule applies to manufacturers, distributors and end users. The letter below, which we sent to northeastern distributors, helps to explain its application.
Camie Distributors,
It has come to our attention that there is a lot of confusion about the new OTC rules and what they mean to you as a distributor of aerosol adhesives. The intent of the rules is to prevent the end use of non-compliant products within the states that have adopted the rules.
Some distributors have made us aware of competitors who are supplying non-compliant products into the OTC states. This is causing confusion because the rules do not prevent manufacturers or distributors from selling and shipping non-compliant product to or within states that have adopted the OTC VOC rules but state that they must ensure that the product is going to be used in a state which has not adopted the OTC VOC limits. If you, as a distributor, assume that whatever is shipped to you is compliant, you are at risk for being cited for violating the Consumer VOC rules. There are manufacturers that will continue to ship you non-compliant product unless you specify that you must have compliant material. According to the OTC rules that have been adopted, your suppliers should make you aware of your responsibility to ensure that the product is used outside of these states if they send you non-compliant product (see excerpt from the District of Columbia's Rule 719). You are responsible for making sure that product you sell for use within the OTC states complies with the new lower VOC limits. Your choice is to either carry all compliant products or to develop a notification and documentation system that ensures that the products are used in non-OTC regulated states.
With regard to aerosol adhesives, there is another confusing issue. At the present time there are five states whose rules regulate all uses of aerosol adhesives, meaning consumer, institutional and industrial. They are New Hampshire, Pennsylvania, New York, District of Columbia and Maryland. Three states, however, have rules that apply only to consumer and institutional product uses; but not industrial uses. They are New Jersey, Maine and Delaware. The term "Industrial" has a very narrow application to aerosol adhesives. To be an industrial use, the adhesive must be incorporated into a product during the manufacturing process or be a part of the process of making a product. It is up to the company selling the product to the end user to verify that it is for an "Industrial" use.
If this all seems too complicated, we at Camie agree. That is why we determined to make all of our aerosol products OTC compliant. As we informed you in the fall of 2004 "Camie-Campbell is prepared to maintain uninterrupted compliance so that this regulatory change will be seamless for our distributors. All Camie products manufactured after 1/1/05 will comply with the lower VOC requirements. All products manufactured prior to 1/1/05 have an unlimited sell through period." In addition, because we are using new formulations for OTC compliance, it means that product manufactured after 1/1/05 is also compliant with the current California VOC regulations.
The status of product regulation is continually changing. Right now there are many states looking at adopting rules modeled on the OTC rules. Michigan has already drafted their proposed rule. We believe that our line of products will provide you with the performance you require while easing your regulatory burden. Camie-Campbell is committed to keeping you informed of regulatory requirements and making compliance as manageable as possible for you.
I have also attached a copy of the table of standards from the District of Columbia's Rule 719 so that you can see what the VOC limits are that apply to Aerosol Adhesives as well as other Consumer and Institutional products. If you would like to view the state rules in their entirety, you can go to each states home page by searching "name of state government", then looking for the department of air quality, then air quality rules or regulations. The title of the rules will state something about the control of VOC from consumer products. Should you have additional questions concerning VOC regulations, please contact your Camie Regional Sales Manager.
Sincerely,
Jim McLarty
Manager of Regulatory Affairs
This letter was written mainly to address aerosol adhesives. Other types of aerosol products are also regulated as you can see on the table of standards. Aerosol adhesives is the only category where all uses are regulated. For other categories it is just consumer and institutional use that is regulated, not industrial. All Camie aerosol products comply with the VOC content requirements stated in the rules.
Camie-Campbell, Inc. 9225 Watson Industrial Park St. Louis, MO 63126 USA 800-325-9572 314-968-3222 Fax: 314-968-0741 E-mail: camie@camie.com |
Private label formulations are an extensive part of our business. We address every aspect of research and development, production, quality control, packaging and labeling to ensure regulatory compliance. Our goal is customer satisfaction. Please contact us for consultation or quotation. All sales are strictly limited to the terms and conditions found on Camie-Campbell, Inc.'s acknowledgement, including a limited warranty and limitations on Camie-Campbell Inc.'s liabilities and buyer's remedies. All orders are subject to acceptance by Camie-Campbell, Inc. at its executive offices that are currently located at 9225 Watson Industrial Park, St. Louis, MO 63126-1581. Write, call, or e-mail for current pricing terms and conditions of sale and the name of your local distributor. Certain Camie-Campbell aerosol and bulk adhesives are not recommended for unsupported vinyl. Certain plastic and elastomeric substrates can exhibit bond failure due to plasticizer migration. Combinations of high temperature and humidity can promote bond failure. |