ATTACHMENT “A”

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(1) “Public Record File Guidelinefor 1/28/09 Hearingfor Amendments to

Regulation 1141”

(2) “DNREC Contacts”

(3) ‘Proceduresfor Regulatory Development Process D-1006” September 2008 draft revision.

(4) “StartAction Notice SAN 2008-06 Consumer Products” [document 4a].

Stan Action Notice SAN 2008-07 Adhesives & Sealants” [document 4b].

(5) “Ground4evel Ozone Documentsfrom EPA” [document 5a];” Groundlevel Ozone Primer” [document Sb]; DNREC Ground-level Ozone

Information” [document Sc].

(6) “Identification and Evaluation ofCandidate Control Measures — Final

Technical Support Document” MACTEC Federal Programs, Inc., February 28, 2007.

The basic data developed by a consulting organization for the Ozone

Transport Commission to aid in development ofmodel rules member

states could use in reducing the emissions ofvolatile organic compounds

(VOC) and nitrogen oxides (NOx). VOC and NOx are precursor

chemicals mainly responsible, through reaction in the atmosphere on

sunny, hot days to produce ground-level ozone (also known as smog).

Only those pages containing the initial remarks, table ofcontents and

the sections on the consumer products and adhesives & sealants model

rule are included.

(7) “OTC Model Rule for Consumer Products” for 2009.

This rule can befound at

http://www.otcair.org/projects details. asp ?FID=99&fview=stationary

(8) “CAPS Initial Statement ofReasonsfor the Proposed Amendments to

Consumer Products Regulations”. May 2004.

I
p

underwent

esulted in the revisions to the CA rules. The proposed changes

were reviewed

an exhaustive review at many levels ofthe CARB organization and

product

in stakeholder discussions with interested CA citizens, consumer sellers and national manufacturers and trade organizations consumer for

(OTC) products and certain precursors. The Ozone Transport Commission

extensive

and

work

subsequently OTC member units to

a certain extent relied upon the performed by the CA organization.

(9)

Compound

“Final Regulation Order

— Regulationfor Reducing Volatile Organic Emissionsfrom Antiperspirants Consumer Produ and Deodorants andfrom cts” California Air Resources Board, 2004 Amendments.

This document can befound at hqp://www.arb. ca.gov/rezact/conprod/fropçf

(10)

Comments

“Final Statement ofReasonsfor Rulemaking including Summary of andAgencyResponses”, public hearing for the California Air Resources Board on the Consumer Products regulation, June 24, 2004.

(11) “EPA Health Effects Notebookfor Hazardous Air Pollutants” ha); “Perchioroethylene Idocument Health Effects Fact Sheet” [document “Trichloroethylene lib]; Health Effects Fact Sheet” [document lic); “Methylene Chloride Health Effects Fact Sheet” [document Dichiorobeazene Health lid); “para Effects Fact Sheet” [document lie]

A compilation ofhealth effects information, including the federal government cancer risk assessment, ‘s

consumer product

of certain organic compounds prohibitedfrom certain

gives

a general

formulations covered by regulation 1141. Document 9a

compounds covered,

overview ofthe EPA hazardous airpollutantprogram including

effectsfact sheets general information about the individual compound health

health effects

and

a glossary ofacronyms. The other documents provide

chloride

informationforperchioroethylene, trichioroethylene, methylene andpara-dichlorobenzene.

(12)

and

“CARB

Trichioroethylene

Proposed Identification ofPerchloroelhylene; Methylene Chloride; as Toxic Air Contaminants”

perchioroethylene

These three documents describe the argumentsfor classfIcation of

:richloroethylene [document [document 12a]; methylene chloride [document 12b); and 12c],’ as toxic air contaminants by the CARl?.

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(possibly carcinogenic tohumans) agent Idocument I 3cJ;trichloroethylene as

a class 2A (probably carcinogenic to humans)agent [document 13d];and

para-dichlorobenzene as a class 2B (possibly carcinogenic to humans) agent [document 13e1.

(14) “California Toxic Air Contaminant (TA C) Identification Program”

This program can be found at http://www. arb. ca.gov/toxics/id/id.htm

Clicking on the various indicated items will bring up a variety ofinfonnative

websites describing the program and the list ofTA C’s.

(15) “Public Workshop Notice”

This notice was published in two state newspapers advising residents ofthe

7/30/08 workshop to review amendments to Regulation 1141.

(16) “Workshop Information Published in Environmental Tip ofthe Week” July

21, 2008.

(17) “Draft Delaware Consumer Products Rule”, section 2.0 ofregulation 1141

Idocument 17a]. “Draft Delaware Adhesives & Sealants Rule” section 4.0

ofregulation 1141 [document IThI,

(18) “Consumer Specialty Products Association (CSPA) — Resultsfor Industry — Annual Report 2006”.

Annual review ofactivities including their participation as a stakeholder in

commenting on the development ofthe 2006 OTC model rule revisionfor

consumerproducts (seepage 8).

(19) “Proposed Amendment ofRegulation 2241, “Limiting Emissions of Volatile

Organic Compoundsfrom Commercial and Consumer Products”, by D.

Douglas Fratz and Joseph T. Yost, Consumer Specialty Products Association,

August 7, 2008. [document 191

(20) “Delaware Proposed Consumer Products Rule’ section 2.0 ofRegulation

1141. [document 20aj “Delaware Proposed Adhesives & Sealants Rule”;

section 4.0 ofRegulation 1141. [document 20bJ

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News [document 21a1 — The News Journal [document 21b], 12/21/08.

(22) “Maine Consumer Products Rule”, amended 11/1/07.

Shows the comments received at the public hearing and state responses and a

copy ofthe amendedfinal rule. ME adhered to the OTC model rule.

(23) “New Jersey CommentiResponsefor Final Consumer Products and

Adhesives & SealantRegulations”, adopted 10/30/08 [document 23a1; “The

Final Regulationfor Prevention ofAir Pollution from Consumer Products”

Idocument 23b1; and “The Final Regulation for Prevention ofAir

Pollution from Adhesives & Sealants” [document 23cJ.

Thisfolder contains three documents; (1) the comment/response document

from the actual hearingfor these two rules as well as the adoption document

which shows the changes to the existing rules; (2) the actualfinal consumer

products rule which has the old rule and the new revisions blended together and

(3) the final adhesives and sealants rule which is all new as there was not apre existing rule.

These rules were adopted through the same public hearingprocess and became

effective on 1 2/1/08 with a compliance date of1/1/09. The consumer products

rule is essentially the same as the OTC model rule. There were afew revisions

for the adhesives & sealant rule due to stakeholder comments, the most

important ofwhich was the inclusion ofa 3-yr phased introduction ofthe

250 g/l VOC contentfor the single-ply roofing adhesive.

(24) “Pennsylvania Consumer Products Rule—Draft Final Rulemaking” [document 24a]; Pennsylvania Consumer Products regulation as Reviewed

at (he Environmental Quality Board” [document 24b]; Pennsylvania

Consumer Products Regulation from the Pennsylvania Register”

[document 24c]

September 15, 2007 draftfinal consumerproducts rule with changes to the earlier PA consumer product rule [document 23a] deletions are shown asbolded bracketed text and additions as bolded underlined text; discussions of

the Environmental Review Board [document 23b]; and thefinal regulation as it

appears in the Pennsylvania Register [document 23c1.

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25c1.

Showing that Massachusetts adopted the OTC consumer products rule as

written.

(26) “Regional Control Measuresfor the Washington DC-MD- VA 8-Hour

Ozone SIP (Draft); July 2006.

Draft ofthe areas State Implementation Plan (SIP) showing proposed use

ofthe OTC Consumer Products model rule and the OTClndustrialAdhesives

model rule.

(27) “Climate Data — California VS. Delaware”

“Placer County CA” [document 27aJ

“Yolo County CA” [document 27b1

“Solono County CA” [document 27c]

“Sacramento CA” [document 27dj“Wilmington DE” [document 27e]

“Dover DE” [document 27f1

“Lewes DE” [document 27g1

“Baltimore MD” [document 27h]

(28) “A Cancer Risk Assessment ofInner-City Teenagers Living in New York

City and Los Angeles” Sonja Sax et al, Environmental Health Perspectives,

v.114, No. 10, October 2006 [document 28a]; ditto [document 28b1

Document 1 Ia describes a study by the Toxics Exposure Assessment

Columbia-Harvard (TEACH) project which assessed exposures and cancer

risksfrom urban air pollutants in a population ofhigh school teenagers in

New York City and Los Angeles. Most ofthe 13 VOC’s studied had median

upper-bound I4ferime cancer risks that exceeded the EPA benchmark of

1 x 1 O and were generally greater than EPA modeled estimates, more sofor

compounds with predominant indoor sources such as para-dichlorobenzene.

Document 1 lb was included solely to show that reproduction ofthe article was

permitted and to show the documents website source.

(29) “Control Techniques Guidelinesfor Miscellaneous Industrial Adhesives”,

Environmental Protection Agency, EPA-453/R-08-005, September 2008.

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(30) “OTC Model rulefor Adhesives & Sealants” for 2009.

This and other model rules can be found at

http://www.otcair.org/proiects_details.asp?FlD=99&fviewstationary. The

adhesives & sealants model rule was based on a similar model nile developed

in the late ‘90’s for California air districts. Rules for the Sacramento, Yolo

-Solano, Placer County and Bay Area Air Quality Management Districts helped

form the basis for the OTC model rule.

(31) “California Air Quality Management Districts Rulesfor Adhesives &

Sealantsfor Bay Area [document 3laj; Sacramento [document 31bJ; Yolo

Solano [document 31c]; and Placer County [document 31d].

All essentially reflect the same exemptions, VOC content and definitions as the

OTC model rule. Most other Caflfornia air districts do not have an adhesives &

sealants rule unless they are in non-attainment ofthe 8-hour ground-level

National Ambient Air Quality Standard set by EPA. Areas such as the South

Coast Air Quality Management District and other bordering areas (which are

in non-attainment) were not listed here as they were redundant. Sacramento,

Yolo-Solano and Placer were shown as they represent cooler areas where the

temperature cycles are closer to Delaware.

(32) “CARB Determination ofReasonably Available Control Technology and

Best Available Retrofit Technologyfor Adhesives & Sealants‘December

1998.

The original basic data source by CARBfor creation ofadhesive & sealants

rules in the various air districts. It is notable to see that the definition ofsingle- ply roofmembrane is restricted to rubber with EPDM indicated as the principle

rubber material used. That is probably still correct. The VOC limit was

speqfled as 450 gIl but most districts have since tightened this to 250 gIl. Nowhere is a low temperature limit (40°F) specified even though northern California ambient temperatures are generally quite low in the winter months.

Non-membrane roofinstallation adhesives are defined as not intendedfor

single-ply membranes and include plastic, asphalt and cold applications

cement, which we could interpret as single-ply PVC membranes, TPO, KEE and

moc4fied bitumen single-ply membranes.

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(35) “Alternatives to High VOC Single-Ply Roofing Adhesives”

(36) “Carlisle Bonding Adhesives”

(37) “Seaman Corporation Ketone Ethylene Ester (KEE) FiberTite-XT

Membrane”

Uses a 3g/l rubberized asphalt adhesive working at 50°F+ or a 200 gfl VOC

product working at 40°F+.

(38) “Single-Ply Roofing” [document 38a]

“Single-Ply Roofing Definitions” [document 38bJ

“Thermoplastic Polyolefins (TPO)” [document 38c1“Application Guidelinesfor SelfAdhered Thermoplastic and Thermoset

Roofing” [document 38dj

“United Home Experts” [document 38e]“C. 0. Beck” [document 3Sf]

“Corporate RoofConsultants Newsletter, April 2005” [document 38g]

“Evaluating Ballasted Single-Ply RoofSystems” 8/2006”[document 38h]

“SelfAdhering Single-Plies an Emerging Technology “10/07, Professional

Roofing [document 381J

“Single-Ply Roofing Solutions” 2/07, Building Operating Management.

[document 38jJ

(39) “Johns Manvile Products”

Showing information on EPDM and PVC roofing products including low VOC

adhesives which have an application limit of4O’ 1F.Information on JMEPDM

Bonding Cement (660 g/l) requires that it not be applied at an ambient

temperature below 40°F. Their low VOC JM PVC Membrane Adhesive (200 g/l)

has a lower application temperature limit of50°F meaning that neither adhesive

can be used in cold temperature areas although many areas obviously use high

VOC content adhesives at lower temperatures (or schedule such roofing work

with impunity during higher temperature months) (see “C. O.Beck” in document

38fwho installs single-ply membrane roofing in the state ofMaine where lowtemperature months are the rule rather than the exception. Also see “United

Home Experts” in document 38e where this contractor (located in

Massachusetts) states (infrequently asked questions #9) that “. . .many EPDM

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TPO (thermoplastic polyolefin) is a diverse family ofrubber-like materials

that, when heated, soften, melt and can be reworked and heat welded.

Thermosetting materials will degrade when heated and cannot be reworked,

softened or welded

“The Remarkable Growth ofThermoplastic Polyolefin (TPO) Roofing

Systems”, Buildings.com, January, 2007. [document 40bJ.

“Firestone Building Products” [document 40cj

Information on a number ofadhesive products (solvent based and water based

recommendedforfully adhered TPO roofing.

“Stevens Roofing Systems” now a part ofDow Chemical [document 4Odj

Information from Stevens Roofing on their TPOproducts (Stevens EP

membrane) including their TPO Bonding adhesive (611 g/l VOC) which the

data sheet says do not use unless ambient temperature is 40°F and rising.

(41) “Mule-Hide Products Overview” [document 41a1

“EPDM Product Information” [document 41 bJ“Mule-Hide All Purpose Sealant” [document 41 ci

a high VOC seam sealing material with a lower temperature limit of20°F.

‘Mule-Hide Bonding Adhesive” [document 41 dl

a high VOC adhesive for bonding EPDM to substrates. VOC content and

temperature limits are not listed.

“Mule-hide Acrylic Water Base Bonding Adhesive”[document 41 e]

a low VOC bonding adhesive with a temperature limit of45°Ffor application and a precaution not to use jfnighttime temperature is likely tofall below

40°F within 48 hours ofapplication.

“Fully Adhered EPDMSystem Specjftcation” [document 411J

a speczfication covering the installation offully adhered EPDMroofing which mentions in 2.05 (page 9) that cold weather application is ok fadhesive is

kept at room temperature and in 3.08 (page 13)for water base adhesive does

not mention temperature.

(42) “GenFlex Roofing Systems Technical Bulletins” [document 42a1 showing that GenFlex EPDM Water BasedBonding Adhesive should not be applied (fthe ambient temperature drops below 32°F before adhesive dries. Forsolvent

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(

) 

Scrutiny”, Greg Etting, Roofing Contractor, June 8, 2007. Makes the case that

it is inevitable that regulations governing the use ofsolvents impacting theenvironment andpotentially noxious to roofers wiliforce the use oflow or no

VOC adhesives.

(44) “e-mailfrom JeffSmith at Fresh Products Inc. to Gene Pettingil, DNREC

9/30/08” (document 44a1

“e-mail Gene Pettingill to JeffSmith, 1 1/13/08” [document 44bJ“e-mailfrom JeffSmith to Gene Pettingil, 11/17/08” Idocument 44c1

“e-mailfrom Gene Pettingill to JeffSmith, 11/18/08” [document 44d1

A series ofe-mails in which Dr. JeffSmith ofFresh Products, a

manufacturer ofp-dichlorobenzene containg toilet products, make s a case

for exempting PDCBfrom regulation under the Consumer Products rule

since it is not class!fied as a human carcinogen and DNREC makes the case

that (1) the inclusion the PCDB ban in the Delaware rule is a directconsequence ofits inclusion in the OTC model rule and consistency in VOC

reduction from OTC state to OTC state is ofimportance (2) other OTC

states havefollowed the OTC lead with PDCB in these products and, (3)

Calfornia, the bose modelfor the OTC rule, chose to include a ban on

PDCBfor health reasons.

(45) “p-Dichlorobenzene Datafrom the U. S. Dept ofHealth Human Services

Household Products Database Websitefor 1,4-Dichlorobenzene”

A compilation ofa large amount ofdata (97 pages) on p-dichlorobenzene in

which is classfled as Group 2B (possibly carcinogenic to humans) in line withtesting and a peer reviewed assessment by IARC as shown in document 13 in

thisfile.

(46) “Presentation Charts From the 7/30/08 Workshop”(47) “Presentation Charts From the 1/28/09 Hearing”(48) “EPDM Roofing Association e-mail, Gene Pettingilfrom Kathy Prunty”,

1/13/09 with California Contractor Survey

(49) “Greenseal Standards and Certification — Commercial Adhesives (GS — 36)

10/19/00”

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from Consumer and Commercial Products

section 2.0 Consumer Products; section 4.0 Adhesives & SeaIants” [document Sib]

This is the proposed regulation as it appeared in the Register of Regulations on 1211/09 on page 921 [document 51a]. Since the rule is large it was included in a

separate website which can be found at:

http://regulations. delaware.qov/register/january2QQ9/jroj.osed/12%2ODE%20Reg%2 0921%2001-O1-09.pdf

(document Sib]

END OF FILE GUIDE

1/26/09

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