COPPER ANTIFOULING PAINT REGULATIONS IN CALIFORNIA - ANIELA BURANT, PHD ENVIRONMENTAL SCIENTIST - CALIFORNIA DEPARTMENT OF ...
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Copper Antifouling Paint
Regulations in California
Aniela Burant, PhD
Environmental Scientist
Department of Pesticide Regulation
1
Outline
1. The new Copper Antifouling Paint (Cu-AFPs)
regulation
2. Mitigation recommendations
3. A California regulatory history on Cu-AFPs
4. Data submission for registrants
5. Next steps in DPR’s Cu-AFP program
Dissolved Copper = DCu 2
New Regulation
3 CCR § 6190: Copper-Based Antifouling Paints
and Coatings
– No copper-based antifouling paint/coating shall be
registered over a leach rate of > 9.5 µg/cm2/day
– Any currently registered paint above that leach rate
will be cancelled.
– For recreational boats only
The copper in antifouling paints is considered a
biocide
Effective: July 1, 2018 3
Recreational Vessels ONLY.
• Only applies to
vessels for pleasure
and/or residences
• This does not apply
to commercial
vessels:
– Passenger ferries,
excursion vessels,
tug boats, work
boats, fishing
vessels, etc.
4
What are examples of paints still
registered?
• DPR’s Category 1 Paints:
– Actively registered paints with leach rates
≤9.5 µg/cm2/day.
– July 20, 2017: 91 Products in Category 1
5
Existing Stock
• On July 1, 2018, high leach rate paints from a
manufacturer or distributor can no longer be
purchased.
• What about stock of high leach rate paints
already purchased in boatyards?
• Two years to sell existing stock.
6
Why can DPR do this?
• DPR has the authority to protect California’s surface
waters from pesticide pollution.
– Registration Evaluation of pesticides
– Continuous Evaluation of pesticides
DPR is the ONLY authority in CA to
register or cancel the use of a pesticide
(AFP)
7
What is NOT included in the
regulation?
Requirement of management on hull cleaning
• 9.5 µg/cm2/day relies on a particular Best
Management Practice (BMP) cleaning
method.
• No jurisdiction over BMP versus non-BMP
cleaning.
Implementation of DPR mitigation
recommendations are necessary to achieve
significant copper reductions. 8
Mitigation Recommendations
• BMP cleaning methods
• Hull cleaning be done no more frequently than
every 4 weeks
• Increase boater awareness and acceptance of
copper AFP alternatives
• Foster new incentive programs and continue to
support existing programs to convert copper-
painted boat hulls to those painted with
alternatives
• Site specific objectives for copper for certain
marinas or harbors.
9
Outline
1. The new Copper Antifouling Paint (Cu-AFPs)
regulation
2. Mitigation recommendations
3. A California regulatory history on Cu-AFPs
4. Data submission for registrants
5. Next steps in DPR’s Cu-AFP program
10Timeline of Cu-AFPs in California
1988: Tributyltin was heavily restricted by USEPA The 303(d) list
mid-1990s: Sampling begins in the Port of San Diego for Cu is a list of
1996: Shelter Island Yacht Basin was 303(d) listed
impaired waters
required by the
Clean Water
Act
11Impairment
• Exceeding national ambient water quality criteria for
the protection of aquatic life.
• California Toxics Rule (CTR) is an enforceable water
quality criteria
• Dissolved Copper:
– Acute water quality criterion: 4.8 µg/L
– Chronic water quality criterion: 3.1 µg/L
If this water quality criterion is exceeded, then the
water body can be listed.
12Timeline of Cu-AFPs in California
1988: 1988: Tributyltin was heavily restricted by USEPA
mid-1990s: Sampling begins in the Port of San Diego for Cu
1996: Shelter Island Yacht Basin was 303(d) listed
1998: Newport Bay was 303(d) listed for metals
1998: Marina del Rey was 303(d) listed for Cu
13Timeline of Cu-AFPs in California
1988: 1988: Tributyltin was heavily restricted by USEPA
mid-1990s: Sampling begins in the Port of San Diego for Cu
1996: Shelter Island Yacht Basin was 303(d) listed
1998: Newport Bay was 303(d) listed for metals
1998: Marina del Rey was 303(d) listed for Cu
2002: TMDL adopted for metals for Newport Bay – promulgated by USEPA
2005: TMDL adopted for Shelter Island Yacht Basin
TMDL: Total
Maximum Daily Load:
Plan for restoring
impaired waters, with
the maximum amount
of a pollutant allowed in
a waterbody and a
timeline for remediation
14Shelter Island Yacht Basin TMDL
• First TMDL associated with Cu-AFPs
• Analysis of sources found that 98% of
the copper enters SIYB from Cu -AFPs.
• The Port of San Diego is required to
reduce copper pollution by 76% by 2022.
15Timeline of Cu-AFPs in California
1988: Tributyltin banned in several counties in California
mid-1990s: Sampling begins in the Port of San Diego for Cu
1996: Shelter Island Yacht Basin was 303(d) listed
1998: Newport Bay was 303(d) listed for metals
1998: Marina del Rey was 303(d) listed for Cu
2002: TMDL adopted for metals for Newport Bay – promulgated by USEPA
2005: TMDL adopted for Shelter Island Yacht Basin
2006: DPR started their monitoring project for Cu, other AFPs, and associated toxicity
16DPR Monitoring Project
• Sampled in 21 marinas in
California
– Freshwater (rivers and
lakes)
– Brackish water (San
Francisco Bay area)
– Saltwater
• Northern and Southern
California
• Saltwater boat ranges:
– 413 – 5000 boats
• Sampled Cu, Zinc,
Cybutryne, other water
quality parameters
17Results from DPR Monitoring
• DCu and associated
toxicity exceeding water
quality criteria in many
California marinas.
– Southern saltwater
marinas had highest
concentrations of
copper.
• Toxicant Identification
Evaluation Tests =Acute Water Quality Criterion, 4.8 µg/L
showed DCu was the =Chronic Water Quality Criterion, 3.1 µg/L
likely cause of toxicity.
LRS = Local Reference Site; OUT of the marina
18Timeline of Cu-AFPs in California
1988: 1988: Tributyltin was heavily restricted by USEPA
mid-1990s: Sampling begins in the Port of San Diego for Cu
1996: Shelter Island Yacht Basin was 303(d) listed
1998: Newport Bay was 303(d) listed for metals
1998: Marina del Rey was 303(d) listed for Cu
2002: TMDL adopted for metals for Newport Bay – promulgated by USEPA
2005: TMDL adopted for Shelter Island Yacht Basin
2006: DPR started their monitoring project for Cu, other AFPs, and associated toxicity
2006: TMDL adopted for Marina del Rey
2006: Newport Bay was officially 303(d) listed for Cu
19Timeline of Cu-AFPs in California
1988: 1988: Tributyltin was heavily restricted by USEPA
mid-1990s: Sampling begins in the Port of San Diego for Cu
1996: Shelter Island Yacht Basin was 303(d) listed
1998: Newport Bay was 303(d) listed for metals
1998: Marina del Rey was 303(d) listed for Cu
2002: TMDL adopted for metals for Newport Bay – promulgated by USEPA
2005: TMDL adopted for Shelter Island Yacht Basin
2006: DPR started their monitoring project for Cu, other AFPs, and associated toxicity
2006: TMDL adopted for Marina del Rey
2006: Newport Bay was officially 303(d) listed for Cu
2009: DPR releases report on AFPs
2010: DPR formally places Cu-AFPs under reevaluation
20DPR Re-evaluation
• Occurs when DPR determines there are (or likely are)
adverse effects of a pesticide on human health and/or the
environment.
• Four main tasks in this evaluation, including:
– Identification of the type of paint product (epoxy, ablative, etc).
– Information on copper leach rate for each Cu-AFP
– Identify mitigation strategies on pesticide use that will reduce
DCu in marinas.
– Marina monitoring data to determine compliance with CTR
standards after mitigation strategies have been implemented.
Do pesticides meet the standard for
registration? 21Timeline of Cu-AFPs in California
1988: 1988: Tributyltin was heavily restricted by USEPA
mid-1990s: Sampling begins in the Port of San Diego for Cu
1996: Shelter Island Yacht Basin was 303(d) listed
1998: Newport Bay was 303(d) listed for metals
1998: Marina del Rey was 303(d) listed for Cu
2002: TMDL adopted for metals for Newport Bay – promulgated by USEPA
2005: TMDL adopted for Shelter Island Yacht Basin
2006: DPR started their monitoring project for Cu, other AFPs, and associated toxicity
2006: TMDL adopted for Marina del Rey
2006: Newport Bay was officially 303(d) listed for Cu
2009: DPR releases report on AFPs
2010: DPR formally places Cu-AFPs under reevaluation
2011: SB623 introduced to limit and eventually cancel registration of all Cu-AFPs
2013: AB425 passed; asking DPR to evaluate registration of Cu-AFPs, determine a leach
rate, and make mitigation recommendations
22MAMPEC Modeling
• Marine Antifoulant Model to
Predict Environmental
Concentrations (MAM-PEC)
• California Toxics Rules (CTR)
chronic criterion of 3.1 µg/L
dissolved copper is the goal.
• What leach rate will be
sufficient to achieve that TMDLs in place already regulate to
concentration or lower in this concentration.
California marinas?
Will require a collaborative effort
23Modeling, continued
• Investigated leach rate and loading of copper in
5 marina scenarios:
– #1: 733 boats
– #2: 1,270 boats
– #3: 1,833 boats
– #4: 2,263 boats
– #5: 4,754 boats (largest)
• Obtained maximum allowable leach rates
ranging from 1.12 to 24.60 µg/cm2/day
24Modeling, continued.
• Hull cleaning
– Regular refreshment of the paint leads to spike in
passive leaching
– Adjustment factor for both BMP and non-BMP
cleaning to get a new leach rate cap based on the
cleaning method.
Regulation based on Scenario #2:
REDUCTIONS ARE EXPECTED TO OCCUR
EVERYWHERE
25Timeline of Cu-AFPs in California
1988: 1988: Tributyltin was heavily restricted by USEPA
mid-1990s: Sampling begins in the Port of San Diego for Cu
1996: Shelter Island Yacht Basin was 303(d) listed
1998: Newport Bay was 303(d) listed for metals
1998: Marina del Rey was 303(d) listed for Cu
2002: TMDL adopted for metals for Newport Bay – promulgated by USEPA
2005: TMDL adopted for Shelter Island Yacht Basin
2006: DPR started their monitoring project for Cu, other AFPs, and associated toxicity
2006: TMDL adopted for Marina del Rey
2006: Newport Bay was officially 303(d) listed for Cu
2009: DPR releases report on AFPs
2010: DPR formally places Cu-AFPs under reevaluation
2011: SB623 introduced to limit and eventually cancel registration of all Cu-AFPs
2013: AB425 passed; asking DPR to evaluate registration of Cu-AFPs, determine a leach
rate, and make mitigation recommendations
2016: Draft TMDL released for just Cu; to replace 2002 USEPA TMDL for Lower Newport Bay
January 1, 2018: Registrants must submit their leach rate data for leach rate verification
July 1, 2018: Cu-AFPs over a leach rate of 9.5 µg/cm2/day are cancelled
26Outline
1. The new Copper Antifouling Paint (Cu-AFPs)
regulation
2. Mitigation recommendations
3. A California regulatory history on Cu-AFPs
4. Data submission for registrants
5. Next steps in DPR’s Cu-AFP program
27New Data Submission Requirements
• New products
• Amendment of a current
registration
– Changes in paint color
– Changes in active
ingredient concentration
– Changes in inert
ingredient concentration
• Amendment of a
currently registered
product’s label to allow
use on recreational
vessels
28How do we calculate this leach rate?
• ISO method 10890:2010:
Release rate mass-balance
calculation
• Adjust the calculation with
a correction factor of 2.9
• Data are from label, TDS,
MSDS, and CSF.
29Outline
1. The new Copper Antifouling Paint (Cu-AFPs)
regulation
2. Mitigation recommendations
3. A California regulatory history on Cu-AFPs
4. Data submission for registrants
5. Next steps in DPR’s Cu-AFP program
30When will we see copper reductions
in California marinas?
• It takes time; we understand
these paints are on boats for
years and boatyard capacity for
turnover is limited.
• At largest marinas, additional
actions may be needed by
TMDL stakeholders.
– CTR values may not be fully
and continuously met at these
marinas.
31Other Items
• We plan to have additional
outreach on the subject to
minimize confusion on existing
regulations.
– Newsletters
– Boating stakeholder events
• We plan on future monitoring
as feedback on our regulations
and stakeholder efforts as part
of adaptive management.
32Acknowledgements
Countless people are working on this topic and we greatly
appreciate everyone’s input, effort, and resources.
Marina Interagency
Coordinating Committee
(MIACC) &
Anti-Fouling Strategies Workgroup
(AFSWG)
33Questions
Aniela Burant
Aniela.burant@cdpr.ca.gov
916-445-2799
Please call or email if you have any questions.
34Timeline of Cu-AFPs in California
1988: 1988: Tributyltin was heavily restricted by USEPA
mid-1990s: Sampling begins in the Port of San Diego for Cu
1996: Shelter Island Yacht Basin was 303(d) listed
1998: Newport Bay 303(d) listed for metals
1998: Marina del Rey was 303(d) listed for Cu
2002: TMDL adopted for metals for Newport Bay – promulgated by USEPA
2005: TMDL adopted for Shelter Island Yacht Basin
2006: DPR started their monitoring program for Cu, other AFPs, and associated toxicity
2006: TMDL adopted for Marina del Rey
2006: Newport Bay was officially 303(d) listed for Cu
2009: DPR releases report on AFPs
2010: DPR formally places Cu-AFPs under reevaluation
2011: SB623 introduced to limit and eventually cancel registration of all Cu-AFPs
2013: AB425 passed; asking DPR to evaluate registration of Cu-AFPs, determine a leach
rate, and make mitigation recommendations
2016: Draft TMDL released for just Cu; to replace 2002 USEPA TMDL
January 1, 2018: Registrants must submit their leach rate data for leach rate verification
July 1, 2018: Cu-AFPs over a leach rate of 9.5 µg/cm2/day are cancelled
35Marinas
• Poorly-flushed
• Designed to protect
the boats
• Dilution is never the
solution to
pollution, but
ESPECIALLY in
marinas
• Recreational boats
spend a long time in
marinas
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