ATTACHMENT“A”•:1I(VAlVVVV•V)2PUBLIC RECORD FILE GUIDE AMENDMENTS

TO REGULATION

1141- PUBLIC HEARING 1/28/09 REVISE SECTION

2.0- CONSUMER PRODUCTS AD]) NEW SECTION

4.0- ADHESIVES

& SEALANTS (1) “Public Record File Guideline
for 1/28/09 Hearing
for Amendments

to Regulation 1141” (2) “DNREC Contacts” (3) ‘Procedures

for 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 Documents from EPA” [document 5a];” Groundlevel Ozone Primer” [document
Sb]; DNREC Ground-level Ozone Information” [document

Sc]. (6) “Identification

and Evaluation

of Candidate 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

of model rules member states could use in reducing

the emissions

of volatile 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 of contents 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 be found

at http://www.otcair.org/projects

details. asp ?FID=99&fview=stationary (8) “CAPS Initial Statement

of Reasons for the Proposed Amendments

to Consumer Products Regulations”.

May 2004. IThe California

Air Resources Board (CARB) technical support document

or basic data for the 2004 amendments (sometimes called CONS-1)to their three consumer products regulations,

it is this document
and the subsequent rulemaking activity that resulted

in the adoption

of certain revisions and adding certain consumer products

to the California consumer products rules. This document presents

the analysis

of the study, research and evaluation

of proposals
that resulted

in the revisions

to the CA rules. The proposed changes underwent

an exhaustive review

at many levels of the CARB organization

and were reviewed

in stakeholder discussions
with interested

CA citizens, consumer product sellers and national manufacturers

and trade organizations

for consumer products and certain precursors.

The Ozone Transport Commission (OTC) and subsequently
OTC member units
to a certain extent relied upon the extensive work performed

by the CA organization. (9) “Final Regulation Order

— Regulation

for Reducing Volatile Organic Compound Emissions from Antiperspirants

and Deodorants

and from Consumer Produ cts” California

Air Resources Board, 2004 Amendments. This document
can be found

at hqp://www.arb. ca.gov/rezact/conprod/fropçf (10) “Final Statement

of Reasons for Rulemaking including Summary

of Comments andAgencyResponses”,

for the California

Air Resources Board public hearing

on the Consumer Products regulation, June 24, 2004. (11) “EPA Health Effects Notebook
for Hazardous

Air Pollutants” Idocument ha); “Perchioroethylene
Health Effects Fact Sheet” [document lib]; “Trichloroethylene
Health Effects Fact Sheet” [document lic); “Methylene Chloride Health Effects Fact Sheet” [document lid); “para Dichiorobeazene
Health Effects Fact Sheet” [document
lie] A compilation

of health effects information, including

the federal government

‘s cancer risk assessment,

of certain organic compounds prohibited from certain consumer product formulations covered

by regulation 1141. Document

9a gives

a general overview

of the EPA hazardous

air pollutant program including compounds covered, general information about the individual compound health effects fact sheets and

a glossary

of acronyms.

The other documents provide health effects information

for perchioroet hylene, trichioroethylene, methylene chloride and para-dichlorobenzene. (12) “CARB Proposed Identification

of Perchloroelhylene; Methylene Chloride; and Trichioroethylene

as Toxic Air Contaminants” These three documents describe
the arguments

for classfIcation

of perchioroethylene [document 12a]; methyl ene chloride [document 12b); and :richloroethylene [document
12c],’
as toxic air contaminants

by the CARl?. 2(13) “Agents Reviewed

by the IARC Monographs” An alphabetical

list of certain chemicals reviewed

by the International Agency for Research

on Cancer (JARC)[document

13aJ referring, among others,

to the monographs

for perchloroethylene (termed tetrachloroethylene in this reference)

as
a class 2A (probably carcinogenic

to humans) agent [document 13bJ;methylene chloride (termed dichloromethane)

as
a class 2B (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
of infonnative webs ites describing

the program
and the list of TA C’s. (15) “Public Workshop Notice” This notice was published

in two state newspapers advising residents

of the 7/30/08 workshop

to review amendments

to Regulation 1141. (16) “Workshop Information Published

in Environmental

Tip of the Week” July 21, 2008. (17) “Draft Delaware Consumer Products Rule”, section
2.0 of regulation
1141 Idocument
17a]. “Draft Delaware Adhesives

& Sealants Rule” section
4.0 of regulation
1141 [document IThI, (18) “Consumer Specialty Products Association (CSPA)— Results for Industry— Annual Report 2006”. Annual review
of activities including their participation

as
a stakeholder

in commenting

on the development

of the 2006 OTC model rule revision for consumer products (seepage

8). (19) “Proposed Amendment

of Regulation 2241, “Limiting Emissions

of Volatile Organic Compounds from 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 of Regulation 1141. [document
20aj “Delaware Proposed Adhesives

& Sealants Rule”; section 4.0 of Regulation 1141. [document
20bJ 3Showing

the changes made

as
a result
of verbal and written comments made before the workshop,

as there were no attendees

at the workshop. These rules can be found

at http://www. awm. delaware..o v/Info/R egi/Pa.es/A QMPlansRegs.

aspx under the heading Proposed Plans

& Regulations. (21) “Notice

of Public Hearing and Affidavit

of Publication- Delaware State 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 of the amended final rule. ME adhered

to the OTC model rule. (23) “New Jersey CommentiR esponse for Final Consumer Products
and Adhesives

& Sealant Regulations”, adopted 10/30/08 [document 23a1; “The Final Regulation

for Prevention ofAir Pollution from Consumer Products” Idocument 23b1; and “The Final Regulation

for Prevention ofAir Pollution from Adhesives

& Sealants” [document 23cJ. This folder contains three documents;

(1) the comment/response document from the actual hearing for 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 hearing process and became effective

on

1 2/1/08 with

a compliance
date of 1/1/09. The consumer products rule

is essentially

the same
as the OTC model rule. There were afew revisions for the adhesives

& sealant rule due to stake holder comments,

the most important

of which was the inclusion

of a 3 -yr phased introduction

of the 250 g/l VOC content for 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 draft final consumer products rule with changes

to the earlier PA consumer product rule [document 23a] deletions
are shown

as bolded bracketed
text and additions

as bolded underlined text; discussions

of the Environmental Review Board [document 23b]; and the final regulation

as it appears

in the Pennsylvania Register [document 23c1. 4(25)“MassachusettsConsumerProductsRegulation”[document25a]“BackgroundInformationandTechnicalSupportDocumentforProposedAmendmentstoMassachusettsConsumerandCommerciaJProductsRegulation”,January3,2007,(document25b1“ResponsetoCommentsonProposedAmendmentstoMassachusettsConsumerandCommercialProductsRegulation“,October2007,[document25c1.ShowingthatMassachusettsadoptedtheOTCconsumerproductsruleaswritten.(26)“RegionalControlMeasuresfortheWashingtonDC-MD-VA8-HourOzoneSIP(Draft);July2006.DraftoftheareasStateImplementationPlan(SIP)showingproposeduseoftheOTCConsumerProductsmodelruleandtheOTClndustrialAdhesivesmodelrule.(27)“ClimateData—CaliforniaVS.Delaware”“PlacerCountyCA”[document27aJ“YoloCountyCA”[document27b1“SolonoCountyCA”[document27c]“SacramentoCA”[document27dj“WilmingtonDE”[document27e]“DoverDE”[document27f1“LewesDE”[document27g1“BaltimoreMD”[document27h](28)“ACancerRiskAssessmentofInner-CityTeenagersLivinginNewYorkCityandLosAngeles”SonjaSaxetal,EnvironmentalHealthPerspectives,v.114,No.10,October2006[document28a];ditto[document28b1Document1IadescribesastudybytheToxicsExposureAssessmentColumbia-Harvard(TEACH)projectwhichassessedexposuresandcancerrisksfromurbanairpollutantsinapopulationofhighschoolteenagersinNewYorkCityandLosAngeles.Mostofthe13VOC’sstudiedhadmedianupper-boundI4ferimecancerrisksthatexceededtheEPAbenchmarkof1x1OandweregenerallygreaterthanEPAmodeledestimates,moresoforcompoundswithpredominantindoorsourcessuchaspara-dichlorobenzene.Document1lbwasincludedsolelytoshowthatreproductionofthearticlewaspermittedandtoshowthedocumentswebsitesource.(29)“ControlTechniquesGuidelinesforMiscellaneousIndustrialAdhesives”,EnvironmentalProtectionAgency,EPA-453/R-08-005,September2008.5EPA issued this CTG

in lieu of
a national rule as they determinedit was more effective.
This approach
was not adopted

by the OTC states nor by Delaware since the CTG does not include sealants and does not cover EPDM roofing adhesive.

In addition there are

a number

of minor inconvenient errors in the EPA final CTG. This CTG can be found

at http://www.epa.gov/ttn/oarpg/tl/ctg/misc

industrial adhesive_ctg_093008.p41 (30) “OTC Model rule for Adhesives

& Sealants”

for 2009. This and other model rules can be found

at http://www.otcair.org/proiects_detail s.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 Rules for Adhesives

& Sealants
for 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

of the 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

of Reasonably Available Control Technology

and Best Available Retrofit Technology

for Adhesives

& Sealants‘ December 1998. The original basic data source

by CARB for creation

of adhesive

& sealants rules

in the various
air districts.

It is notable

to see that the definition

of single- ply roof membrane

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

roof installation adhesives

are defined

as not intended
for 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.

6(33)“ConnecticutAdhesives&SealantRegulation”[document33ajand“HearingReport”whichincludesasummaryofcommentsandresponses[document33bJ.(34)“MarylandAdhesives&SealantsRegulation”asshownintheMarylandRegisterof12/21/07[document34a1and“TechnicalSupportDocument”[document34bJ.(35)“AlternativestoHighVOCSingle-PlyRoofingAdhesives”(36)“CarlisleBondingAdhesives”(37)“SeamanCorporationKetoneEthyleneEster(KEE)FiberTite-XTMembrane”Usesa3g/lrubberizedasphaltadhesiveworkingat50°F+ora200gflVOCproductworkingat40°F+.(38)“Single-PlyRoofing”[document38a]“Single-PlyRoofingDefinitions”[document38bJ“ThermoplasticPolyolefins(TPO)”[document38c1“ApplicationGuidelinesforSelfAdheredThermoplasticandThermosetRoofing”[document38dj“UnitedHomeExperts”[document38e]“C.0.Beck”[document3Sf]“CorporateRoofConsultantsNewsletter,April2005”[document38g]“EvaluatingBallastedSingle-PlyRoofSystems”8/2006”[document38h]“SelfAdheringSingle-PliesanEmergingTechnology“10/07,ProfessionalRoofing[document381J“Single-PlyRoofingSolutions”2/07,BuildingOperatingManagement.[document38jJ(39)“JohnsManvileProducts”ShowinginformationonEPDMandPVCroofingproductsincludinglowVOCadhesiveswhichhaveanapplicationlimitof4O’1F.InformationonJMEPDMBondingCement(660g/l)requiresthatitnotbeappliedatanambienttemperaturebelow40°F.TheirlowVOCJMPVCMembraneAdhesive(200g/l)hasalowerapplicationtemperaturelimitof50°FmeaningthatneitheradhesivecanbeusedincoldtemperatureareasalthoughmanyareasobviouslyusehighVOCcontentadhesivesatlowertemperatures(orschedulesuchroofingworkwithimpunityduringhighertemperaturemonths)(see“C.O.Beck”indocument38fwhoinstallssingle-plymembraneroofinginthestateofMainewherelowtemperaturemonthsaretheruleratherthantheexception.Alsosee“UnitedHomeExperts”indocument38ewherethiscontractor(locatedinMassachusetts)states(infrequentlyaskedquestions#9)that“...manyEPDM7installations
have taken place

in temps below 2tF”

It is also worth noting that JMhas discontinued using solvent based PVC membrane Adhesive

in favor of their low- VOC Membrane Adhesive (245 gIl) (40) “TP() Roofing Membranes”, ASTM Standardization
News, August 2003 Idocument 4Oaj. TPO (thermoplastic polyolefin)

is a diverse family
of rubber-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

of Thermoplastic Polyolefin (TPO) Roofing Systems”, Buildings.com, January, 2007. [document 40bJ. “Firestone Building Products” [document
40cj Information

on

a number

of adhesive products (solvent based and water based recommended

for fully adhered TPO roofing. “Stevens Roofing Systems” now

a part of Dow Chemical [document
4Odj Information from Stevens Roofing

on their TPO products (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 of 20°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 of 45°F for application and

a precaution

not to use jfnighttime temperature

is likely

to fall below 40°F within
48 hours of application. “Fully Adhered EPDM System Spec jftcation” [document
411J a speczfication covering

the installation offully adhered EPDM roofing which mentions

in 2.05 (page

9) that cold weather application

is ok f adhesive

is kept
at room temperature

and
in 3.08 (page 13) for water base adhesive does not mention temperature. (42) “Gen Flex Roofing Systems Technical Bulletins” [document
42a1 showing that GenFlex EPDM Water Based Bonding Adhesive should not be applied (f the ambient temperature drops below 32°F before adhesive dries. For solvent 8basedadhesive(640gIl)itisrecommendedthattheadhesivebestoredbetween6OFand80°Ffor24hrspriortouseandthatitbereturnedtothosestorageconditionsasitbeginstocool.GenFlexalsorecommendsthat10to16fiwide“NoFold”EPDMroofingmaterialbeusedincoldconditionstoeliminateproblemswithfoldmarks.“GenFlexSpecificationsforEPDMFullyAdheredSystems”[document42bJ.(43)“TheVOCConundrum—PopularFullyAdheredSinglePliesFaceScrutiny”,GregEtting,RoofingContractor,June8,2007.MakesthecasethatitisinevitablethatregulationsgoverningtheuseofsolventsimpactingtheenvironmentandpotentiallynoxioustorooferswiliforcetheuseoflowornoVOCadhesives.(44)“e-mailfromJeffSmithatFreshProductsInc.toGenePettingil,DNREC9/30/08”(document44a1“e-mailGenePettingilltoJeffSmith,11/13/08”[document44bJ“e-mailfromJeffSmithtoGenePettingil,11/17/08”Idocument44c1“e-mailfromGenePettingilltoJeffSmith,11/18/08”[document44d1Aseriesofe-mailsinwhichDr.JeffSmithofFreshProducts,amanufacturerofp-dichlorobenzenecontaingtoiletproducts,makesacaseforexemptingPDCBfromregulationundertheConsumerProductsrulesinceitisnotclass!fiedasahumancarcinogenandDNRECmakesthecasethat(1)theinclusionthePCDBbanintheDelawareruleisadirectconsequenceofitsinclusionintheOTCmodelruleandconsistencyinVOCreductionfromOTCstatetoOTCstateisofimportance(2)otherOTCstateshavefollowedtheOTCleadwithPDCBintheseproductsand,(3)Calfornia,thebosemodelfortheOTCrule,chosetoincludeabanonPDCBforhealthreasons.(45)“p-DichlorobenzeneDatafromtheU.S.DeptofHealthHumanServicesHouseholdProductsDatabaseWebsitefor1,4-Dichlorobenzene”Acompilationofalargeamountofdata(97pages)onp-dichlorobenzeneinwhichisclassfledasGroup2B(possiblycarcinogenictohumans)inlinewithtestingandapeerreviewedassessmentbyIARCasshownindocument13inthisfile.(46)“PresentationChartsFromthe7/30/08Workshop”(47)“PresentationChartsFromthe1/28/09Hearing”(48)“EPDMRoofingAssociatione-mail,GenePettingilfromKathyPrunty”,1/13/09withCaliforniaContractorSurvey(49)“GreensealStandardsandCertification—CommercialAdhesives(GS—36)10/19/00”9(50) “U S. Green Building Council LEED for New Construction

& Major Renovations”- (51) “Delaware Register

of Regulations’ January

1, 2009, Vol.12, Issue

7 [document 51 a] “Proposed Regulation
1141 Limiting Emissions

of Volatile Organic Compounds 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 l0r