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Sandra Berg Receives ACA’s Heckel Award

Washington, D.C., April 5, 2022 – The American Coatings Association (ACA) presented Sandra Berg, chairman and CEO of Pacific Resource Recovery Services, with the George Baugh Heckel Award – the […]

Members Only State Affairs Report

[…] efforts to combine the two in a package that could be swiftly passed and enacted. Washington Washington’s 105-day 2023 legislative session focused on adoption of the state’s two-year operating budget; […]

ACA Industry Awards Dinner

[…] first pilot program — as well as other states, and advocated for program adoption in Washington State for many years, which was ultimately successful in 2019. Washington program operations launched […]

Members Only Committees Report

[…] to work toward solutions that will increase rail safety; and ACA’s efforts opposing legislation in Washington state seeking to ban polychlorinated biphenyls (PCBs) from paint, as well as other air […]

Use of Copper-Based Antifouling Paint: A U.S. Regulatory Update

[…] the use of copper, while such restrictions have heretofore been confined to the states of Washington and California, and a handful of municipalities in the United States. This trend, should it continue, threatens the use of proven antifouling technology on recreational boats—posing larger economic questions not only for the boating public whose vessels require effective antifouling bottom paint to curtail higher fuel consumption and hull maintenance costs linked to friction and drag as the result of biofouling accumulation—but also for port districts, municipalities, and marinas that must bear the cost of containing invasive species. Manufacturers continue in their efforts to provide effective (and compliant) copper and copper-free antifouling bottom paint products to meet customer requirements in an ever-changing regulatory environment. As a sequel to the September 2016 CoatingsTech article entitled, “Marine Coatings: Making Sense of U.S., State, and Local Mandates of Copper-Based Antifouling Regulations,” this article reviews recent legislative actions, explaining the ramifications of new and pending legislation from various perspectives. The authors conclude with what the future holds for antifouling bottom paint. RECENT DEVELOPMENTS Copper-based antifouling paint came under scrutiny by regulatory authorities in San Diego, CA, when the Shelter Island Yacht Basin was found to have levels of copper exceeding the 3.1 mg/L limit permitted under The Clean Water Act (CWA). Numerous actions have been instituted or investigated, including requiring hull cleaning divers to use best management practices, encouraging and testing the use of alternative coatings, and establishing alternative but environmentally protective water quality standards, as part of the solution toward bringing the harbor into regulatory compliance for copper by 2022. Nevertheless, the use of copper-based antifouling bottom paint for recreational vessels has been under further scrutiny by Washington, California, and the U.S. EPA. The State of Washington—Ssb 5436 (April 2011) Biocidal paints must be registered with the U.S. EPA and the Washington State Department of Agriculture (WSDA). WSDA staff review labels and documents from manufacturers for compliance with state law. Selected data are stored in the Pesticide Information Center Online (PICOL) Database (Washington State University, 2017). In 2011, the Washington State Legislature passed the Recreational Water Vessels—Antifouling Paints Law, Revised Code of Washington (RCW) Chapter 70.300, to phase out the use of copper-based antifouling paints on recreational boats. A recreational vessel is defined in the law as being no more than 65 feet in length, and used primarily for pleasure boating. As of January 1, 2018, Washington law bans the sale of new boats with copper-based antifouling paint. However, the state of Washington has proposed legislation—to be considered in the legislative session that began January 8, 2018—which would delay this ban until January 1, 2021. While the bill is being considered by the Legislature, state resources will not be dedicated to enforcement. If the Legislature chooses to leave the ban in place, state officials have indicated they will “reprioritize and start enforcing the ban as needed and as resources permit.” >Why has the state of Washington delayed the ban? State officials concluded there is not […]

Protecting the Legal System from Junk Science

[…] issue of the William & Mary Law Review, ACA’s outside counsel, Eric Lasker of the Washington, DC law firm, Hollingsworth LLP, and George Mason University Foundation Professor David Bernstein argue […]