Report from IPPIC AFWG

Global Marine Coatings Forum November 7-8, 2012

Marie HobsonCounsel, IPPIC

Overview Background

• NGO Status and Membership

Position Papers• Zinc Oxide• Data Protection and

Confidentiality• Efficacy

Sub-Workgroups• (1) Efficacy • (2) Assessment • (3) Performance

Standards

IMO• AFS Treaty• Transfer of Invasive

Species• Polar Code

ISO Standards Chinese Green Label California

• Biofouling Regulations• SB 623• Underwater Hull

Cleaning Study

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.

NGO Status and Membership

In 2007 the IPPIC obtained 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.

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

Position Papers available at www.ippic.org

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.

Regulatory Status of Zinc Oxide in Antifouling Products

In the US, Australia, EU - zinc oxide used in non-biocidal and 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)

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.

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.

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.

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

Assessment and Performance Standards

‘Assessment Standard’

• Developing possible IPPIC position 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.

AFWG

• AFS• Transfer of Invasive Species

• Polar Code

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 AFS Treaty

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.

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

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

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

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 　

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

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

I ndicators Limit value

VOC (g/L) ≤400 g/L

Toluene + xylene + ethylbenzene ≤25%

Benzene ≤ 0.05%

Soluble heavy metals :

Pb ≤ 90 mg/Kg

Cd ≤ 75 mg/Kg

Cr ≤ 60 mg/ Kg

Hg ≤ 60 mg/Kg

As ≤ 5 mg/Kg

Tin (total tin in dry film) ≤ 1500 mg Sn / Kg dry paint

Copper release rate ≤ 20 µg/cm² /day

DDT ≤ 1 mg/Kg

Copper Issues in California

CSLC Biofouling Proposal

SB 623

DPR Re-registration of Copper: Underwater Hull Cleaning Study

CSLC Biofouling 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)

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).

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 TMDLs by 2023

ACA lobbied to eliminate a straight ban on copper - “trial period” use of low leach rate AF paints

Shelter Island Yacht Basin

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

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.

San Diego Harbor

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.

Under Water Hull Cleaning Study

Questions?

mhobson@paint.org