“The EC states in their Consultation Document that they are looking to align their VOC regulation with the United States,” said Mark Collatz, ASC’s Director of Regulatory Affairs. “Yet they are basing their present assumptions on the regulations of  single state rather than looking at how the other 49 states are addressing VOC limits for these types of products.”

ASC cited an example of sealants where the present California regulations mandate a limit of three percent for chemically cured products and 1.5 percent for those non-chemically cured, while regulations throughout the rest of the United States are four percent for all sealant categories.

As an alternative, ASC suggested that EC consider adopting the Ozone Transport Commissions (OTC) Model Rule limits, which were recently amended and will come into force in January 2014. The OTC is an organization representing 11 northeast and mid-Atlantic states that have a responsibility for developing regional solutions to ground-level ozone in their individual jurisdictions.

“Using a regulatory approach adopted by multiple states, several of which border Canada, seems to be a better way to address the challenge of regulatory alignment between our two countries,” said Collatz.

Other areas that ASC addressed in its comments included a suggestion for more specific definitions for consumer products that differentiate between “household” and “institutional” categories, the elimination of acoustical sealants from the proposal, and changes in record-keeping requirements.