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Overview

Report from IPPIC AFWG Global Marine Coatings Forum November 7-8, 2012 Marie Hobson Counsel, IPPIC. Overview. IMO AFS Treaty Transfer of Invasive Species Polar Code ISO Standards Chinese Green Label California Biofouling Regulations SB 623 Underwater Hull Cleaning Study.

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Overview

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  1. Report from IPPIC AFWGGlobal Marine Coatings Forum November 7-8, 2012Marie HobsonCounsel, IPPIC

  2. Overview IMO AFS Treaty Transfer of Invasive Species Polar Code ISO Standards Chinese Green Label California Biofouling Regulations SB 623 Underwater Hull Cleaning Study • Background • NGO Status and Membership • Position Papers • Zinc Oxide • Data Protection and Confidentiality • Efficacy • Sub-Workgroups • (1) Efficacy • (2) Assessment • (3) Performance Standards

  3. Background • The International Paint and Printing Ink Council (IPPIC) Antifouling Working Group (AFWG) was formed to: • Monitor activity which will, or is likely to, impact on the regulations governing the use of antifouling products, whether such activity is undertaken by National Governments, International Organizations, NGOs or research institutions. • Exchange information about such activity. • Arrive at common positions regarding the acceptability or otherwise of such activity, and document and distribute common positions. • Lobby appropriate bodies to modify regulations or proposals to be in accordance with the Group's positions.

  4. NGO Status and Membership In 2007 the IPPICobtained NGO status at the International Maritime Organization (IMO). Currently the AFWG sends delegations to several IMO committees which meet in London, England. Membership of the IPPIC AFWG is open to all paint companies which manufacture antifoulings and related raw materials that are members of their national paint maker associations, which, either directly or via regional associations are members of IPPIC.

  5. AFWG Membership • FORMULATORS • Akzo Nobel / International Paint • CMP • Hempel • Jotun • Nippon • NKM • PPG • Sherwin-Williams • SUPPLIERS • American Chemet • Bardyke • Dow • Janssen • Lanxess • Lonza • Nordox • Speiss-Urania

  6. Position Papers available at www.ippic.org

  7. Position Papers on Zinc Oxide • Function of Zinc Oxide in AF Paints • Document outlines how zinc oxide is used in AF paints - explains the function of zinc oxide in AF paints. • Zinc oxide is added to AF paints to fulfill a non-biocidal function. • Most countries with existing registration schemes for AF paints do not consider zinc oxide a biocide.

  8. Regulatory Status of Zinc Oxide in Antifouling Products • In the US, Australia, EU - zinc oxide used in non-biocidaland biocidal coatings applied to prevent fouling on the underwater hull of commercial vessels and pleasure crafts. • The reasons to formulate with zinc oxide include: • To control the paint film polishing rate • To stabilize the wet paint in the can (prolong storage stability) • To protect the coating film from degrading due to exposure by ultra violet (U.V.) light • To control the color shade (hide darker compounds and produce lighter shades)

  9. The Need for Data Protection and Confidentiality National regulatory authorities require companies to submit data demonstrating safety, quality and efficacy of products. Toxicological information, eco-toxicological and environmental fate information, physico-chemical data, analytical techniques, efficacy demonstrations. Rules in US and EU allow for a data protection period - data and information supplied to authorities used only for the benefit of those companies which have rights to the data.

  10. AFWG Recommendation Data protection key to maintain innovation in the chemical industry - essential if safer and sustainable biocides and biocidal products are to be brought to market. Regulations in all regions recognize the need for investment and impose data protection measures similar to those in the US and EU, in order to respect the ownership of data.

  11. Efficacy Data • This document provides a baseline methodology for evaluating and reporting the efficacy of antifouling coatings. • Efficacy is assessed by static raft testing relative to a negative control and, if used, a positive control coating. • Efficacy may be indicative of, but has no direct one-to-one relationship with actual performance of a product under real life conditions.

  12. Sub-WG’s to Address Efficacy, Assessment, and Performance Standards • (1) Guidance for generation of efficacy data for approval under pesticide/biocidal product rules • (2) Assessment “standards” for immersed areas of ship • (3) Performance Standards for Antifouling Paints • GHGs • Invasive Species

  13. Assessment and Performance Standards • ‘Assessment Standard’ • Developing possible IPPICposition paper to describe what the best available antifouling technology can achieve in terms of surface condition related to fouling. • Performance Standard • Invasive Species: A performance standard for the purpose of assessing the risk of transferring invasive species will have to focus primarily on fouling prevention in niche areas. • GHG: A performance standard for the purpose of assessing the effect of fouling on green-house gas emissions (energy efficiency) will have to focus on the remaining parts for the submerged outer hull.

  14. AFWG • AFS • Transfer of Invasive Species • Polar Code

  15. Antifouling Systems Treaty • The AFS, eliminated TBT (organotin) use globally, adopted by the IMO 2001, with the United States as a signatory. • AFS entered into force on Sept. 17, 2008. • Some 61 signatories representing 80.22 percent of the world’s tonnage have ratified the AFSTreaty • ACA and its Marine Coatings Committee and Antifouling Workgroup have been lobbying Congress and the Obama Administration to ratify the treaty since 2008, finally entered into force for the United States on November 21, 2012.

  16. Transfer of Invasive Species • Adopted by MEPC-62 July 2011 • Coatings Industry actively encouraging the voluntary guidelines • Guidelines to evaluate the implementation of the guidelines - BLG 17

  17. Polar Code - Background • Global Warming is occurring more rapidly at the poles • Summer Arctic sea ice all time low • Singapore to Hamburg via the NE Passage will be faster and cheaper

  18. Polar Code • Proposed ban on all biocides in polar regions, originally discussed at IMO DE-56 • IPPIC working with Finnish delegation to define three classes of polar vessels and AF paints that would be prohibited/allowed • (1) Ice Breakers • (2) Vessels that periodically come into contact with ice • (3) Vessels that never come into contact with ice • IPPIC position: (2) and (3) need AFs • IPPIC to participate in negotiations – BLG 17 February 2013

  19. ISO Risk assessments for biocides in paint, the paint itself containing biocides, and human health exposure. ISO 13073 Part-1: Published August 2012 ISO 13073 Part-2: Final Draft be send to Secretariat December 2012 ISO13073-Part 3

  20. Chinese Green Label Ministry of Environmental Protection in China Alternatives to DDT usage in the production of Antifouling Paint Encourage eco-design and promote compliance of antifouling paint products with relevant technical and environmental requirements

  21. Chinese Green Label • Despite AFWG efforts, China finalized (January 2012) Green Label with problematic levels (Pb, Tin) final standard released October 1, 2012 • Test have to be conducted in Qingdao – errors detected to date

  22. Copper Issues in California • CSLCBiofouling Proposal • SB 623 • DPR Re-registration of Copper: Underwater Hull Cleaning Study

  23. CSLCBiofouling Proposal • Rulemaking process began with Technical Advisory Group (TAG) meetings in 2010. • Released proposal to establish Biofouling Regulations (Summer 2011) – aims to reduce invasive species entering CA waters. • Proposed regulations originally included mandatory “performance standards” which required all ships entering CA waters have no more than 1% fouling on the hull (5% niche areas)

  24. CSLC Biofouling Proposal • ACA and Industry Coalition have advocated for BATEA analysis, removal of numeric performance standards, and alignment with IMO Guidelines. • “Presumed compliance” added to latest draft – maintained numeric performance standard. • Lt. Governor met with CSLC staff and industry stakeholders – advised CSLC to remove numeric performance standards. • California law requires regulations be promulgated within the allotted time (Dec. 31, 2012).

  25. SB623 – California Bill Banning Copper In AF Paint For Pleasure Craft • Introduced to develop strategies to allow marinas with Total Maximum Daily Loads (TMDLs) for copper to meet TMDLsby 2023 • ACA lobbied to eliminate a straight ban on copper - “trial period” use of low leach rate AF paints Shelter Island Yacht Basin

  26. SB623 • Bill has been deferred/dropped by sponsor, Senator Christine Kehoe (D) • ACA submitted letter pointing out new evidence about to come to light which could change how copper impaired waters are defined: • EPA adoption of the BLM for marine waters. • Diver study protocol requirement for re-registration of copper in CA. • Bill will be picked back up in 2013

  27. San Diego Harbor Underwater Hull Cleaning Study • Requirement from DPR to re-register copper as an approved biocide • Study seeks to improve upon available scientific evidence • Study to quantify the input of copper into the water column from in-water cleaning/scrubbing.

  28. Under Water Hull Cleaning Study • Funded by copper suppliers and formulators with registered AF products in CA. • Two types of paint: (1) epoxy-ester (2) low leach rate ablative. • 3 types of cleaning tools - Dome Method • 8 test panels, 120 day field season, contracted with US Navy in San Diego, started Aug. 13th • Results will be peer reviewed.

  29. Questions?mhobson@paint.org

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