NJ Potential Rules for Consumer Products and Architectural Coatings
Dear Interested Stakeholders:
On September 6, 2019, the New Jersey Department of Environmental Protection (Department) held a stakeholder meeting to discuss potential rulemaking and seek your input on the proposal of amendments to New Jersey’s existing rules based on the Ozone Transport Commission (OTC) model rules for consumer products and architectural coatings (collectively referred to as “product rules”). Stakeholders who attended the September 6, 2019, meeting were given the opportunity to ask questions and provide feedback on the OTC model rules. Additionally, the Department accepted written comments through October 4, 2019.
This notice is to advise stakeholders that the Department will be actively working on the product rules proposals in the coming months based on Phase II of the architectural and industrial maintenance (AIM) coatings OTC model rule and Phases III and IV of the consumer products OTC model rules.
To that end, the Department will accept supplemental written comments on the potential product rules proposals through Monday July 28, 2022. The Department asks that stakeholders please refrain from resubmitting comments made at the September 6, 2019, meeting or previously provided in written format on or before October 4, 2019. The purpose of this notice and comment period is to allow stakeholders to address any new information or concerns that may have arisen after October 2019. Information regarding the meeting held on September 6, 2019, can be found at: https://www.njdepcalendar.com/calendar/events/index.php?com=detail&eID=630
Please submit your supplemental comments and/or technical support information to: NJDEP-BAQP@dep.nj.gov and use the following headings in the subject line of the email: either Architectural Coatings or Consumer Products.
The following applicable documents can be found on the OTC website at
Model Rules – Documents – Ozone Transport Commission – OTCAir.org: 1) Phase III dated 2010, 2) Phase IV dated 2012, 3) the OTC consumer products update dated 5/21/13, 4) the OTC Regulatory & Technical Guideline for Consumer Products Phase V dated 11/20/2018 and 5) the OTC Architectural & Industrial Maintenance (AIM) Coatings Phase II 2010 Model Rule Updated June 2011.
If you have any questions about this notice, please feel free to email NJDEP-BAQP@dep.nj.gov
BACKGROUND
Combined, consumer products and architectural coatings, represent the largest source of volatile organic compound (VOC) emissions (an ozone precursor) in the air emission inventory. The existing New Jersey product rules control the emissions of VOCs and some toxics from consumer products and architectural coatings by setting manufacturing limits on the VOC content of products sold in the State for use in the State. Existing regulated consumer products include but are not limited to hair spray, insecticides, household cleaners, air fresheners, automotive brake cleaners, carpet and upholstery cleaners and household and commercial adhesives. Architectural coatings include, but are not limited to, paints, varnishes, stains, industrial maintenance coatings, and traffic coatings. New Jersey has been adopting product rules since 1989. Beginning in 2000, those product rules have been based on OTC Model Rules, which are based on California product rules.