Proposed Regulations

Paint Stewardship and Recycling

Description

New regulation covering CalRecycle's responsibilities for implementing the paint stewardship law (Architectural Paint Recovery). This rulemaking concerns stewardship plan approval criteria, a process for CalRecycle to accept payment for its services related to oversight and enforcement, the establishment of penalty ranges that reflect a progressive enforcement approach, and criteria for acceptance of annual reports.

Affected Regulatory Code Sections

California Code of Regulations, Title 14, Division 7, Chapter 11, Article 2, commencing with Section 18950.

Status

CalRecycle adopted the Architectural Paint Recovery Program Regulation following the February 21, 2012 CalRecycle public meeting. Program staff submitted the rulemaking file to the Office of Administrative Law (OAL) on February 24, 2012. On April 13, 2012, CalRecycle received notice (PDF, 471 KB) that OAL could not approve the rulemaking package for reasons including the following:

• CalRecycle needs to sufficiently notice the availability of technical, theoretical, or empirical studies, reports and similar documents which were relied upon by CalRecycle in developing the regulations.
• CalRecycle must correct some citations throughout the regulation.
• CalRecycle needs to more fully respond to three general comments made during the 45-day public comment period.

In order to meet the notice requirements of the Administrative Procedures Act, a fourth 15-day public comment period will run from April 13, 2012 through April 30, 1012 (PDF, 280 KB).

Contact

You may contact CalRecycle's Paint Stewardship Program staff at paint@calrecycle.ca.gov.

If you would like to receive an e-mail notification of developments in this rulemaking, please add your contact information to CalRecycle's Paint Product Stewardship listserv.

Stakeholder Input

April 13-30, 2012: A fourth 15-day comment period is currently underway to present revisions to the regulation and sufficiently notice certain documents that were relied upon in the development of the regulation.

February 21, 2012: CalRecycle solicited further input on the proposed final regulatory text relevant to the third public comment period at the CalRecycle public meeting and subsequently adopted the regulation.

February 1-16, 2012 Public Comment Period: A third 15-day comment period was conducted to consider proposed changes to Section 18958 of the regulation.

January 17, 2012: The proposed final regulatory text was presented at the CalRecycle public meeting and the Director stated her intent to adopt the regulation.

December 7–22, 2011 Public Comment Period: See written comments submitted to CalRecycle during this 15-day comment period on the revised proposed regulations.

November 2, 2011: CalRecycle held a public meeting to review comments and changes under consideration to the proposed regulation based on comments received during the first 15-day public comment period.

October 10–25, 2011 Public Comment Period: See written comments submitted to CalRecycle during this 15-day comment period on the revised proposed regulations.

October 3, 2011 Public Meeting: CalRecycle presented a Summary of Major Comments (PDF, 399 KB) based on stakeholder comments that were received during the 45-day comment period and CalRecycle's response to those comments. A complete matrix of comments received and CalRecycle's responses is available.

September 8, 2011 Public Hearing: CalRecycle staff held a public hearing to receive additional comments on the proposed regulation (PDF, 223 KB).

July 22–Sept 5, 2011 Public Comment Period: See written comments submitted to CalRecycle during the formal 45-day comment period.

April 12, 2011 Public Meeting: The proposed regulatory text was presented at the CalRecycle public meeting on April 12, 2011. Comments were received and the next steps in the regulatory process were reviewed.

March 10, 2011, Public Workshop: An informal public workshop was held to discuss the informal draft regulatory text posted below.

Rulemaking Documents 

Revised Proposed Regulation, Fourth 15-day Comment Period (PDF, 302 KB): Proposed regulatory text that incorporates edits per the Office of Administrative Law (OAL).

Notice of Fourth 15-day Comment Period (PDF, 280 KB): Public notice of the fourth 15-day public comment period from April 13 through noon, April 30, 2012.

Addendum to 45-day Comment Matrix (PDF, 276 KB): Additional responses to comments received during the 45-day comment period.

Adoption of Proposed Regulatory Text (PDF 291 KB): Proposed regulatory text that was considered for adoption and adopted at the February 21, 2112 CalRecycle public meeting.

• Adopted Regulatory Text (PDF, 250 KB) Final Version
• Request for Approval (PDF, 133 KB) Signed
• Proposed Paint Regulation (PDF, 291 KB) Attachment 1
• Overview of Comments (PDF, 352 KB) Attachment 2

Consideration of Adoption of Proposed Regulatory Text, January 17, 2012. The Director of CalRecycle stated her intent to adopt the Regulation at the January 17, 2012, CalRecycle public meeting. (Note: Submission to the OAL was put on-hold pending completion of a third 15-day comment period on Section 18958 in order to mirror decisions made by the OAL on a similar provision in the Carpet Stewardship rulemaking.)

• Request for Approval (PDF, 198 KB)
• Proposed Paint Regulation (PDF, 286 KB) Attachment 1
• Overview of Comments (PDF, 520 KB) Attachment 2

Matrix of CalRecycle responses, third 15-day Comment Period (PDF, 352 KB): A matrix of comments received during the third 15-day comment period and CalRecycle's responses.

Revised Proposed Regulation, third 15-day Comment Period (PDF, 307 KB) Proposed regulatory text that incorporates edits into Section 18958 that mirror decisions made by the Office of Administrative Law (OAL) on a similar provision in the Carpet Stewardship rulemaking.

Notice of third 15-day comment period (PDF, 212 KB):  Public notice of the third 15-day public comment period from February1 through noon, February 16, 2012.

Matrix of CalRecycle responses, Second 15-day Comment Period (PDF, 520 KB): A matrix of comments received during the second 15-day comment period and CalRecycle's responses.

Revised Proposed Regulation, second 15-day Comment Period (PDF, 280 KB): Proposed regulatory text that incorporates comments from the initial 15-day public comment period and the November 2, 2011 public meeting. This proposed regulatory text was open for comment from December 7 through noon, December 22, 2011.

Notice of Second 15-day Comment Period (PDF, 211 KB): Public notice of the second 15-day public comment period from December 7 through noon, December 22, 2011.

Matrix of CalRecycle responses, initial 15-day Comment Period (PDF, 412 KB): A matrix of comments received and CalRecycle’s responses.

Revised Proposed Regulation, initial 15-day Comment Period (PDF, 257 KB): Proposed regulatory text that incorporates comments from the 45-day comment period and October 3, 2011 public meeting. This proposed regulatory text was open for comment from October 10 – 25, 2011.

Notice of 15-day Comment Period (PDF, 143 KB): Public notice of the initial 15-day comment period from October 10 – noon October 25, 2011.

Matrix of CalRecycle responses 45-day Comment Period (PDF 832 KB)  A complete matrix of comments received during the 45-day comment period with CalRecycle's responses.

Summary of Major Comments, 45-day comment period (PDF, 387 KB): An overview of significant public comments and CalRecycle responses.

Initial Statement of Reasons (PDF, 132 KB): A statement of the specific purpose and rationale for the program regulation.

Proposed Regulations (PDF, 220 KB): Proposed regulatory text for 45-day notice. This is the proposed regulatory text presented and approved at the April 12, 2011 CalRecycle public meeting.

Notice of Proposed Rulemaking (PDF, 213 KB): Public notice of the 45-day comment period.

Informal draft regulatory text (PDF, 775 KB): CalRecycle prepared draft regulatory text that was presented at the March 10, 2011 informal public workshop to solicit stakeholder comments.

Initial discussion drafts: CalRecycle created draft documents to solicit informal input to be considered in the development of the draft proposed regulation. 

Additional Documents

This sections lists additional documents which were relied upon by CalRecycle in developing the regulations.

• Assembly Bill 1343 (Chapter 420, Statutes of 2010 (Huffman, AB 1343)). (PDF, 1.3 MB)
• Letter to Mark Leary, then-Acting Director of CalRecycle, from Assemblymember Jared Huffman, dated April 12, 2011 (PDF, 1.3 MB)
• Oregon Paint Stewardship Pilot Program Plan (PDF, 1.1 MB)
• Oregon Paint Stewardship Pilot Program Annual Report, 2011 (PDF, 1.93 MB)
• Paint Product Stewardship Initiative(PPSI) Memorandum of Understanding (PDF, 51 KB)
• PPSI Memorandum of Understanding, CIWMB Signing Statement.  (PDF, 86 KB)

More Information

Visit CalRecycle's web page about industry's Paint Stewardship Program for more details.

Rulemaking History

• April 13, 2012: CalRecycle received a notice of disapproval from OAL (PDF, 472 MB) of CalRecycle's Architectural Paint Recovery Program Regulations.
• February 21, 2012: CalRecycle staff presented the revised proposed regulation at a public meeting and it was adopted.
• February 1 to February 16, 2012: Third 15-day comment period for the proposed regulation.
• January 17, 2012: CalRecycle staff presented the revised proposed regulation at a public meeting and the Director stated her intent to adopt it. However, subsequent to the public meeting staff determined that amendments should be incorporated to Section 18958 in order to mirror decisions made by the Office of the Administrative Law on a similar provision in the Carpet Stewardship rulemaking.
• December 7 to December 22, 2011: Second 15-day comment period for the proposed regulation.
• November 2, 2011: CalRecycle held a public meeting to review comments and changes under consideration to the proposed regulation based on comments received during the first 15-day public comment period.
• October 10 to October 25: Initial 15-day comment period for the proposed regulation.
• October 3, 2011: CalRecycle held a public meeting to review comments and changes under consideration to the proposed regulation based on comments received during the 45-day public comment period.
• September 8, 2011: CalRecycle held a public hearing to receive additional comments on the proposed regulation.
• July 22 to September 5, 2011: 45-day comment period for the proposed regulation.
• July 22, 2011: The Office of Administrative Law approved the publication of the regulatory packet and the 45-day comment period started.
• April 12, 2011: CalRecycle approved the Proposed Architectural Paint Recovery Program regulations and directed staff to forward the regulatory packet to the Office of Administrative Law at CalRecycle's Public Meeting.
• March 10, 2011: CalRecycle held an Informal Public Workshop and received comments on the text from stakeholders and incorporated appropriate changes into the proposed regulation. The primary concerns expressed in these comments were highlighted at the CalRecycle public meeting on April 12, 2011.
• January-March 2011: CalRecycle conducted research, held scoping meetings and released initial discussion draft documents. These draft documents and the comments received were used to prepare the draft proposed regulations discussed at the March 10, 2011 workshop.