Vermont Architectural Paint Stewardship Program Plan

Vermont Architectural Paint Stewardship Program Plan

January 24, 2014 Prepared by: Valerie Bernardo, Controller Paul Fresina, Communications Director Nathan Perrine, Chief Financial Officer Marjaneh Zarrehparvar, Executive Director Submitted by: Marjaneh Zarrehparvar Executive Director PaintCare Inc. 1500 Rhode Island Avenue NW Washington, DC 20005 [email protected] www.paintcare.org Submitted to: Deb Markowitz Secretary Vermont Agency of Natural Resources 1 National Life Drive, Davis 2 Montpelier, VT 05620

Vermont Paint Stewardship Program Plan – Page i

Contents

1. Introduction

Paint Stewardship 1 Vermont Paint Stewardship Law 1 Citations 3 Authorized Signature for Plan Submission 3

2. Stewardship Organization

PaintCare Inc. 4

3. Registered Manufacturers and Brands

Manufacturer Registration 5 Private Label Agreement 6 Posting and Purpose of Manufacturer and Brand Lists 6

4. Program Products

Program Products 7 Non-Program Products 8

5. Collection Infrastructure

Introduction 9 Audience 10 Waste Districts and Household Hazardous Waste Programs 11 Paint Retailers 13 “Reuse” Stores 14 Waste Transfer Stations 14 One-Day Paint Collection Events 15 Large Volume Pick-Up Service 16 Convenience Criteria 16

6. Site Operations and Materials Management

Site Operations 19 Site Training 20 Collection Containers 20 Collection Volumes 20 Non-Program Products 20 Site Visits and Monitoring 21 Paint Transportation 21 Paint Processing 21 Incidental Non-Program Products 23 Empty Paint Containers 23

Vermont Paint Stewardship Program Plan – Page ii

7. Education and Outreach

Introduction 24 Messaging 25 Target Audience 25 Written Materials 26 Lessons Learned from PaintCare in Other States 26 Phasing in Outreach 27 Stakeholder Meetings with Retailers 27 Site Locator Tool 28 Outreach Contractor 28 Examples of Outreach Materials 29

8. Paint Sales and Projected Collection Volumes

Architectural Paint Sales 31 Volume Available for Collection 32 Studies on Leftover Paint Quantity 32 Baseline Collection Volume 33 Projected Collection Volume 33

9. Budget and PaintCare Recovery Fee

Introduction 35 Funding Mechanism 35 Budget Discussion 36 Program Budget 37 PaintCare Recovery Fee 38 Audit of PaintCare Recovery Fee 38

10. Annual Report and Financial Audit

Annual Report 40 Financial Audit 40

Appendices

A. PaintCare Board of Directors

B. Registered Manufacturers Registered Brands

C. Definition of Program Products Sample Product Notices

D. Partnership Notifications: HHW, Retailers, Trade Painters, Waste Transfer Stations

E. GIS Methodology and Results

F. Audit Results

Vermont Paint Stewardship Program Plan – Page 1

1. Introduction

In June 2013, Governor Shumlin signed Act 58, Paint Product Stewardship Legislation, creating the Vermont Paint Stewardship Program (“Program”). Act 58 is codified in Sub-Chapter 4, Chapter 159 of Vermont Statute Title 10: Conservation and Development. The new law requires producers (referred to in this plan as “manufacturers”) of architectural paint to establish a Program to reduce the generation of postconsumer paint, promote the using up of leftover paint, and to facilitate the recycling and proper disposal of unwanted postconsumer paint. The Program should increase opportunities for consumers to properly manage leftover paint, reduce costs to local governments managing postconsumer paint, work to keep paint out of the wastestream, and conserve natural resources.

Paint Stewardship

Many municipal household hazardous waste programs and waste management districts in Vermont, including Addison County Solid Waste Management District, Central Vermont Solid Waste Management District, Chittenden County, Greater Upper Valley Solid Waste Management District, Lamoille Regional Solid Waste District, Mad River Resources Management Alliance, Northeast Kingdom Waste District, Rutland County Solid Waste District and Solid Waste Alliance Communities took part in an effort that began ten years ago to bring about an industry-managed paint stewardship program. This effort, the Paint Product Stewardship Initiative (PPSI), led by the Product Stewardship Institute, was comprised of dialogues, industry research and case studies on paint recycling and included the American Coatings Association, paint manufacturers, paint recyclers, federal EPA, and many state and local governments across the United States. The PPSI resulted in the development of a model paint stewardship law that created an economically and environmentally-sustainable, industry-designed and implemented postconsumer paint management program. Oregon was the first state to pass this industry-supported paint stewardship law in 2009. Similar laws were passed in California in 2010; Connecticut in 2011; Rhode Island in 2012; and Maine, Minnesota and Vermont in 2013.

Vermont Paint Stewardship Law

The Vermont Paint Stewardship Law (“Law”) requires, by December 1, 2013, that manufacturers of architectural coatings – individually or through a representative organization – submit a plan (“Plan”) for the establishment of a paint stewardship program to the Secretary of the Vermont Agency of Natural Resources (“Agency”).

The Plan must include the following:

(1) List of participating manufacturers and brands covered by the program.

(2) Information on the architectural paint products covered under the program.

(3) Description of how the Program will collect, transport, recycle, and process postconsumer paint for end-of-life management, including recycling, energy recovery, and disposal, using environmentally sound management practices.


(4) Description of how the Program will provide for convenient and available statewide collection of postconsumer architectural paint in urban and rural areas of the State, including partnering with existing household hazardous waste collection programs and with paint retailers.

(5) Geographic information system modeling to determine the number and distribution of sites for collection of postconsumer architectural paint based on the following criteria: (a) at least 90 percent of Vermont residents shall have a permanent collection site within a 15-mile radius; and (b) one additional permanent site will be established for every 10,000 residents of a municipality and additional sites shall be distributed to provide convenient and reasonably equitable access for residents within each municipality, unless otherwise approved by the Agency.

(6) Goals to reduce the generation of postconsumer paint, to promote the reuse of postconsumer paint, and for the proper management of postconsumer paint as practical based on current household hazardous waste program information. The goals may be revised by the producer or stewardship organization based on the information collected for the annual report.

(7) Description of how postconsumer paint will be managed in the most environmentally and economically sound manner, including following the waste-management hierarchy. The management of paint under the program shall use management activities that promote source reduction, reuse, recycling, energy recovery, and disposal.

(8) Description of education and outreach efforts to inform consumers of collection opportunities for postconsumer paint and to promote the source reduction and recycling of architectural paint for each of the following: consumers, contractors, and retailers.

(9) A budget and proposed funding mechanism under which each manufacturer remits to a stewardship organization payment of a paint stewardship assessment for each container of architectural paint it sells in Vermont. The proposed budget and assessment structure must be reviewed by a third-party auditor agreed upon by the Agency, and the third-party auditor must provide a recommendation as to whether the proposed budget and assessment is cost-effective, reasonable, and limited to covering the cost of the program.

Within 90 days of submission of the Plan, the Agency shall review and make a determination whether or not to approve the Plan, including its budget and assessment structure. The Agency shall issue a letter of approval for the Plan if it provides for the establishment of a paint stewardship program that meets the requirements noted above, and the Agency determines that the plan:

(1) Achieves convenient collection for consumers; (2) Educates the public on proper paint management; (3) Manages waste paint in a manner that is environmentally safe and promotes reuse and

recycling; and (4) Is cost-effective and demonstrates that the costs of the program and any proposed assessment

are reasonable and the assessment does not exceed the costs of implementing an approved plan.

Following approval of the Plan, PaintCare must begin a Program no later than July 1, 2014, or three months after approval of the Plan. The Law states that the effective implementation date is whichever of these two dates occurs later. However, given the long lead time between submission of the Plan (December 2013) and the July 2014 (or later) implementation date, PaintCare proposes to launch the Vermont Paint Stewardship Program two months earlier, on May 1, 2014.


Citations

To provide context, each section of this Plan begins with citations of the relevant sections of the Law that apply to it.

Authorized Signature for Plan Submission

PaintCare Inc.

Marjaneh Zarrehparvar Executive Director

January 24, 2014


2. Stewardship Organization

Statutory Citation

10 V.S.A. § 6673. PAINT STEWARDSHIP PROGRAM

(a) A producer or a stewardship organization representing producers shall submit a plan for the establishment of a paint stewardship program to the Secretary for approval by December 1, 2013.

PaintCare Inc.

PaintCare Inc. (“PaintCare”) is a 501(c)(3) non-profit organization incorporated under the laws of Delaware. PaintCare was created by the American Coatings Association, a voluntary, non-profit organization working to advance the needs of the paint and coatings industry.

PaintCare was formed in 2009 to serve as the representative product stewardship organization for architectural paint manufacturers. PaintCare representation is open to all architectural paint manufacturers, and they may register with PaintCare at any time. PaintCare currently represents more than 177 paint manufacturers in its active programs in California, Connecticut and Oregon, and will represent participating manufacturers in the Vermont Paint Stewardship Program.

PaintCare’s corporate office is located in Washington, DC. State-specific staff are located in and/or work in states in which PaintCare programs operate, including Vermont.

PaintCare’s Board of Directors consists of ten non-paid representatives of architectural paint manufacturing companies. Appendix A provides the names and companies of PaintCare’s Board of Directors at the time this Plan was submitted (note: one seat is vacant at this time).


3. Registered Manufacturers and Brands

Statutory Citation


(a) A producer or a stewardship organization representing producers shall submit a plan for the establishment of a paint stewardship program to the Secretary for approval by December 1, 2013. The plan shall address the following:

(1) Provide a list of participating producers and brands covered by the program.

(i) In addition to the requirements specified in subsection (a) of this section, a stewardship organization shall notify the Secretary in writing within 30 days of any change to:

(2) the producers identified under this section as part of the plan;

(3) the brands of architectural paint identified under this section as part of the plan;

Section Overview

This section discusses:

Process for identifying and contacting architectural paint manufacturers

Private label agreements

Purpose of registered manufacturer and brand lists

Posting of lists by PaintCare and providing lists to the Agency

Manufacturer Registration

Representation by PaintCare is open to all architectural paint manufacturers who are obligated to take part in the Vermont Paint Stewardship Program. To identify potential participants, PaintCare obtained manufacturer information through a variety of sources, including:

California, Connecticut and Oregon PaintCare programs

The American Coatings Association and other paint trade associations

Internet research

Manufacturers were notified by email of the Vermont Law and Program, and through a notice on the website for reporting sales for other states, and invited to join the PaintCare Program. Appendix B contains the lists of Registered Manufacturers and Registered Brands as of December 2, 2013.

Some manufacturers may still be unfamiliar with the Program and may need to be contacted several times to become aware of their obligations under the Law. Therefore, the identification and notification of potential manufacturers is an on-going process, and the list of registered manufacturers (and brands) is expected to change as additional manufacturers become aware of the Program.


Prior to the Program launch date of May 1, 2014, PaintCare will provide the Agency with an updated and current list of registered manufacturers and brands. Following that submission, PaintCare will provide an updated list within 30 days of any update or change.

Private Label Agreement

Private label agreements (or services) represent products manufactured or distributed by one company for use under another company’s label. They are also referred to as store brands, generic brands, and tolling agreements. These agreements are often kept confidential to protect the arrangements from competitive interests. Therefore, PaintCare will not specify which brands are produced by which manufacturer, unless the name of the manufacturer is included in the brand name. Instead, registered manufacturers and their registered brands will always be presented in two separate lists, thereby assuring the confidentiality of private labeling and other brand agreements.

Posting and Purpose of Manufacturer and Brand Lists

Beginning December 2, 2013, PaintCare will post the lists of registered manufacturers and brands on the PaintCare website and will provide the list to the Agency at the same time. The purpose of posting the lists is to make them available for retailers and distributors. Retailers and distributors will use the information to learn which brands may be legally sold in Vermont.


4. Program Products

Statutory Citation



(2) Provide specific information on the architectural paint products covered under the program, such as interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings.

Section Overview


The definition of architectural paint

The manufacturers’ process for identifying Program Products for the purpose of adding the required assessment (“PaintCare Recovery Fee”)

The drop-off sites’ process for identifying Program Products for the purpose of including the PaintCare Recovery Fee in their price and for collecting postconsumer Program Products under the Program

Program Products

Architectural paints are referred to as “Program Products” or “paint” in this Plan. For simple communication, this Plan uses the common terms “latex paint” to mean non-combustible or water-based Program Products, and “oil-based paint” to mean combustible or petroleum solvent-based Program Products.

In order to determine which products are to be assessed the PaintCare Recovery Fee and collected for proper management under the Program, PaintCare uses definitions and terminology from the US EPA, state, and local architectural and industrial maintenance (AIM) rules. These definitions, along with a decision table, a list of Program Products, and examples of non-Program Products are included in Appendix C.

To be a Program Product, five questions about a product must be answered as follows:

Is it a coating? Yes

Is it an architectural coating? Yes

Is it for Industrial Maintenance? No

Is it for Original Equipment Manufacturing? No

Is it a Specialty Coating? No

As needed, PaintCare reviews products and publishes notices to clarify whether or not certain products should be covered by the Program. Such reviews of an individual product or product type are conducted


by gathering information from manufacturers about the chemistry and use of the products, and by consulting with technical staff and legal counsel who are familiar with the chemistry, use, and regulations of Program Products. Two examples of such notices are included in Appendix C.

The result of applying the definitions to coatings products is that Program Products include water-based and oil-based house paints, primers, stains, sealers, elastomeric roof and deck coatings, varnishes, shellacs, lacquers, and single component polyurethanes. These are the products to which the PaintCare Recovery Fee will be applied by manufacturers (and passed down to consumers), and they are the same products that are accepted at drop-off sites for recycling and proper end-of-life management.

If an architectural coating product category is identified that is not covered by the AIM rules, PaintCare will determine, using the above methodology, whether or not the product should be a covered product for the purposes of the Program. In addition, PaintCare will reach out to all manufacturers of the subject product to affirm its determination and will analyze how bringing the product into the Program will affect the Program budget and assessment rate. If a new product category is to be added to the Program, PaintCare will submit an amended Program Plan to the Agency for approval before adding the product to the Program.

Non-Program Products

Non-Program Products, whether they are coatings (e.g., automotive paints are excluded because they are not for architectural use) or non-coatings (e.g., paint thinners), are not assessed the PaintCare Recovery Fee and are not accepted in the Program because they introduce unfunded costs and safety hazards.


5. Collection Infrastructure

Statutory Citation



(4) Describe the program and how it will provide for convenient and available statewide collection of postconsumer architectural paint in urban and rural areas of the State. The producer or stewardship organization shall use the existing household hazardous waste collection infrastructure when selecting collection points for postconsumer architectural paint. A paint retailer shall be authorized as a paint collection point of postconsumer architectural paint for a paint stewardship program if the paint retailer volunteers to act as a paint collection point and complies with all applicable laws and regulations.

(5) Provide geographic information modeling to determine the number and distribution of sites for collection of postconsumer architectural paint based on the following criteria: (A) at least 90 percent of Vermont residents shall have a permanent collection site within a 15-mile radius; and (B) one additional permanent site will be established for every 10,000 residents of a municipality and additional sites shall be distributed to provide convenient and reasonably equitable access for residents within each municipality, unless otherwise approved by the Secretary.

(6) Establish goals to reduce the generation of postconsumer paint, to promote the reuse of postconsumer paint, and for the proper management of postconsumer paint as practical based on current household hazardous waste program information.

(e) A plan approved under this section shall provide for collection of postconsumer architectural paint at no cost to the person from whom the architectural paint is collected.


(1) the number of collection sites for postconsumer architectural paint identified under this section as part of the plan;

Section Overview


Pre and post-Program paint collection infrastructure

Drop-off site recruitment

Application and results of the Vermont convenience criteria

Introduction

Vermont is unique when compared to the other PaintCare states that have already been implemented – California, Connecticut and Oregon – in terms of its significant HHW program infrastructure and services for its relatively small population. Vermont state rules require that all waste districts or independent


towns provide its residents at least two HHW collection events (i.e., “one-day events”) per year. This rule is waived when a waste district/town has a permanent HHW facility.

In a direct comparison to Connecticut (which has a population that is almost 6 times greater), Vermont has twice as many permanent facilities and holds as many, if not more, one-day HHW events annually. In addition, unlike Connecticut, some of Vermont’s HHW facilities are open year-round. Compared to Oregon and California on a per-capita basis, Vermont has a more robust HHW program than either of those states. As a result, residents (and small businesses in many areas of the state) have had very good HHW services available to them for many years. It should be noted, however, that not all Vermont HHW programs accept latex paint for recycling, but more than half do.

Vermont’s already robust HHW infrastructure is likely to be both beneficial and challenging for PaintCare. It will be beneficial because it allows for many partnership opportunities, and it will be challenging because some events-based programs may collect relatively small volumes of paint at a single event, which may be costly for PaintCare to service under its current model of sending its contracted hazardous waste transporter to each partnering event to collect just paint. Regardless, PaintCare will strive to partner with all existing HHW and paint collection programs and is committed to working through challenges to find a solution that is amenable to each potential partner.

In addition to offering partnerships to all existing HHW and other paint collection programs, PaintCare will increase recycling opportunities for Vermont residents through the addition of new sites and services.

The Program anticipates that paint collection infrastructure and services may include:

Existing municipal HHW collection programs (permanent facilities and temporary events)

Existing municipal waste transfer stations and other paint drop-off programs

New retail paint drop-off sites (paint, hardware and building supply stores)

New transfer station paint drop-off sites (public and private)

Direct pick-up service for large volumes of paint

Paint-only drop-off events

Before the Program’s start date, PaintCare will provide the Agency with a list of drop-off sites and planned events, and PaintCare will continue to provide the Agency with periodic updates.

Audience

The Program will serve Vermont residents, businesses, and other entities that have unwanted, postconsumer paint, subject to programmatic limitations described here:

Residential Generators/Homeowners. The Program will accept any quantity of latex or oil-based paint from this group.

Conditionally Exempt Generators (CEGs). Trade painters, contractors, small businesses, and other small to medium-sized organizations are typical CEGs. The Program will accept any quantity of latex paint from CEGs. The Program will only accept oil-based paint at or below the limits applied to hazardous waste generation for CEGs (220 pounds).


Small Quantity Generators (SQGs) and Large Quantity Generators (LQGs). The Program will accept any quantity of latex paint from SQGs and LQGs. The Program does not provide for collection of oil-based paint from SQGs or LQGs.

Waste Districts and Household Hazardous Waste Programs

With invaluable assistance from staff of the Agency, Chittenden County and other municipal programs, PaintCare identified and met with representatives from most of the state’s waste districts. These meetings and visits often took place on location at districts’ HHW facilities or paint collection sites.

Through these meetings, PaintCare had the opportunity to present the benefits to municipalities of partnering with the Program. These benefits include cost savings, offering new services to their community (for those that do not currently accept latex paint in their program), reducing waste, and increasing recycling.

Before the launch of the Program in May 2014, PaintCare will endeavor to meet, in person, with the remaining waste districts and independent towns to ensure they are aware of the PaintCare Program and partnership opportunity. PaintCare anticipates that the majority, if not all, of the state’s HHW and paint collection programs will take advantage of the opportunity to partner with PaintCare and participate in the Program.

The following map provided by the Agency shows the various waste districts and independent towns in Vermont that offer (or are required to offer) some form of HHW services to their residents.



In addition to individual meetings, PaintCare presented on the Program at a number of larger group meetings since the Law passed in June 2013, including:

Meetings of the Vermont Product Stewardship Council in July and by phone in October;

Paint management workshop hosted by the Northeast Waste Management Officials Association in July; and

Two stakeholder meetings facilitated by the Agency in November.

PaintCare will continue to make itself available for similar meetings before the Program launch and/or host its own stakeholder meetings. The purpose of these meetings was and will continue to be both to share information about the PaintCare Program and to solicit input from participants – mostly municipal programs – about the current paint management system in the state including underserved areas; expectations of municipal programs and other audiences as a result of the new Law; recommendations and feedback about hazardous waste service providers and PR/outreach firms in the state; and other Vermont-specific information to help implement and improve the Program.

Outreach Materials and Exceptions for HHW Programs

An HHW-tailored PaintCare Program fact sheet and interest form were developed and distributed at the group and individual meetings noted above and are available on our website. Copies of these materials are included with this Plan in Appendix D. Following receipt of a completed interest form, PaintCare contacts program staff to obtain program details and begins the process of establishing a formal agreement between PaintCare and the HHW program.

PaintCare endeavors to partner with sites that can accept Program Products free of charge from Vermont residents, businesses, and institutions. However, in recognition of restrictions on municipally operated HHW and other sites, some exceptions may be made. These include, but are not limited to the following:

Programs with funding tied to a specific service area (e.g., local tax or utility-based funding source) will not be required to accept Program Products from participants outside of their service area.

Existing paint collection programs not currently accepting latex paint will not be required to change their operations to include latex paint.

Programs not accepting waste from businesses will not be required to do so.

Subject to PaintCare approval, programs already charging an administrative fee for HHW, CEG or paint collection may continue this practice as long as they are not charging customers for the elements of their program that PaintCare is funding (collection containers, transportation and paint processing). Other collection sites, such as retailers, may not charge consumers an administrative fee for the handling of Program Products.

Paint Retailers

PaintCare has identified approximately 137 paint retailers in Vermont, including paint, hardware, and home improvement stores. Retail stores include independent, cooperative, chain and corporate stores – both small and large. In addition to paint retailers, “reuse” stores have also been identified as potential drop-off site partners.


In October 2013, PaintCare sent a notification about the Program and a partnership interest form to all known paint retailers in Vermont, either directly or via their corporate office. Copies of the letter, factsheet and interest form are included in Appendix D. This mailing also included a supply of factsheets for retailers to distribute to their trade painter customers. Copies of the Trade Painter Factsheet are also included in Appendix D.

Following feedback from the Agency, the retailer factsheet was revised to include a provision regarding the obligation of retailers under the Paint Stewardship Law to provide consumers information about the Program. This revised factsheet (and accompanying materials) was distributed to retailers in January 2014 and is also included in Appendix D.

All paint retailers are invited to participate as a PaintCare drop-off site provided they meet PaintCare’s requirements and applicable laws and regulations, including, but not limited to the following:

Ability to provide enough space to hold a minimum number of collection containers as determined by PaintCare’s needs in their specific geographic location;

Willingness to accept both latex and oil-based paints;

Willingness to accept Program Products from any qualifying generator;

Reasonable access by the public and by PaintCare’s transporter;

Compliance with PaintCare operational guidelines and applicable state and local regulating agency requirements;

Willingness to have their site promoted on PaintCare’s website and through other outreach methods; and

Willingness to post and distribute PaintCare point-of-sale outreach materials including a window poster advertising their store as a drop-off site.

Although retail participation is entirely voluntary and drop-off sites are not compensated, more than a dozen retailers had expressed interest in becoming drop-off sites at the time this Plan was submitted to the Agency. Through continued dialogue and engagement, and based on our experience in the three active states, PaintCare is confident that additional stores will join the Program to serve as paint drop-off sites.

Similar to HHW programs, following receipt of a completed retail interest form, PaintCare contacts the store to obtain site details and begin the process to establish a formal agreement between PaintCare and the retailer.

“Reuse” Stores

Vermont ReSOURCE stores, Habitat for Humanity ReStore outlets, and other salvage stores and yards – sites that accept and redistribute excess or reusable building materials – have been identified as a unique group of retailers to invite to become PaintCare drop-off sites. Although there are only a few of these stores in Vermont, they can play an important role in the Program because they contribute to “reuse.”

Reuse stores that currently accept donations of paint for resale either turn away unsellable paint or are left with a disposal problem. Reuse stores that sign up with PaintCare will be able to accept (more)


paint, screen out the best paint for resale, and have the unsellable paint picked up by PaintCare at no charge. PaintCare will also seek out new reuse stores. These sites will be notified and receive communications specific to their needs before the Program is launched.

PaintCare does not offer compensation to sites that sell reuse paint, but it does offer a per-can compensation to sites or programs that offer reuse paint to the public free of charge. This is most commonly done by municipal household hazardous programs.

Waste Transfer Stations

Waste transfer stations are likely to play a role in the collection site infrastructure in Vermont since they are located in many communities and can provide a convenient opportunity and familiar location for their customers to drop off unwanted paint. Transfer stations have some unique characteristics and requirements. They are convenient for people who use them to dispose of other waste and recyclables. Adding paint to the items handled at transfer stations is a logical next step. Also, transfer stations are often used by town departments (e.g., public works) for waste generated by the municipality itself. Such departments may choose to drop off paint at transfer stations to save on the municipality’s own paint managements costs.

Similar to HHW programs, transfer stations may have some operational or funding restrictions, and exceptions may be made to accommodate them. Use of transfer stations is usually limited by the operator to local residents and businesses. Although PaintCare allows anyone to drop off paint at any PaintCare site, transfer stations will be allowed to limit participation to their customers or community if they wish to do so.

Outreach Materials for Transfer Stations

PaintCare has developed a Transfer Station-specific factsheet and interest form and distributed it at the municipal meetings over the last five months. In addition, prior to program launch, PaintCare will mail these documents directly to all transfer stations. Most transfer stations in Vermont are operated by municipalities, others are privately run – both groups will be invited to join the Program.

Following receipt of a completed interest form, PaintCare contacts transfer station staff to obtain facility details and begin the process to establish a formal agreement between PaintCare and the site. Copies of the Transfer Station factsheet and interest form are included with this Plan in Appendix D.

One-Day Paint Collection Events

Stakeholder feedback from Agency staff and municipal programs suggests that despite the state’s robust HHW collection infrastructure, homes and businesses in Vermont may still have some accumulation of paint (latex in particular) in their garages, basements and storage areas. As noted earlier, some HHW programs in Vermont accept latex paint, and some do not. Also, some service business customers and some do not. Those that do not accept latex paint advise the public to dry and dispose of latex paint in the trash. Despite this advice, many people continue to store their unwanted, leftover latex paint because the process to dry and dispose is messy and inconvenient.

PaintCare and the Agency are concerned about the possibility of overwhelming retail drop-off sites with this “legacy” paint, particularly at the start of the Program. To address this concern, PaintCare may hold one-day paint collection events in various high-population or underserved regions of the state at the start of the Program and in future years if beneficial. The objective of the paint-only collection events is


to capture stockpiled paint from homes and businesses. One-day events were held at the start of the Connecticut program for the same reason and proved to be well received. As these events are likely to run at the same time as HHW events (in the warm summer and fall months), PaintCare will make every effort to coordinate with HHW programs so that PaintCare’s paint collection events do not conflict with scheduled HHW collection events.

With assistance from the Agency, HHW programs, and other partners, PaintCare will identify the best locations to hold such events, and through our marketing firm, PaintCare will utilize local media outlets to bring the targeted number of participants to each event. However, unlike municipally-sponsored HHW events, PaintCare’s paint-only collection events will not be restricted by town or other boundaries.

Large Volume Pick-Up Service

The Large Volume Pick-Up Service (“LVP Service”) will be offered to trade painters, contractors and other entities with large volumes of paint – generally more than 300 gallons. Under the LVP Service, approved users will receive a direct pick up at their site. The LVP Service will begin within the first six months of the start of the Program. Approval for use of the LVP Service will be determined by PaintCare. Potential users of the LVP Service will be asked to provide specific information about their volume of paint, paint type (latex vs. oil-based), and container sizes. Once a site is approved for an LVP, they will be put in direct contact with PaintCare’s transportation service provider to schedule a pick-up appointment.

Convenience Criteria

To ensure adequate paint collection infrastructure in Vermont, PaintCare used Geographic Information System (GIS) modeling to determine the appropriate minimum number and distribution of drop-off sites based on the following baseline criteria required by the Vermont Paint Stewardship Law:

Distribution/Distance: At least 90% of Vermont residents shall have a permanent site within a 15-mile radius. Retail drop-off sites will be available to residents and businesses from other towns; however municipal drop-off sites (waste transfer stations and HHW programs) are only available to residents from certain towns or geographic areas. For municipal partners that limit participation, only eligible users will be counted towards the percentage-served calculation. It is expected that in areas with no opportunities for permanent drop-off sites (i.e., no available retail store, household hazardous waste facility or interested transfer station), participants will have to drive a distance greater than 15 miles to reach a drop-off site.

Density: In addition to drop-off sites selected to meet the 15-mile distance criteria, one additional site is required for every 10,000 residents of a municipality.

Application of these criteria results in approximately 45 permanent drop-off sites, which PaintCare considers its minimum, baseline service level goal. PaintCare aims to meet the baseline goal within 6 months of Program launch and expects the goal to be met primarily through new retail drop-off sites, supplemented by town transfer stations and existing household hazardous waste facilities. Once the baseline is satisfied, PaintCare is likely to recruit additional drop-off sites in an effort to maximize convenience for Vermont residents.

To measure progress towards the required convenience criteria, included each year with the Annual Report will be GIS analysis and discussion of the convenience level offered by the current drop-off sites.


If PaintCare has not met or maintained its goals, the Annual Report will also discuss the efforts that will be undertaken to meet them.

Map 1 on the following page shows the locations of all potential retail site partners (yellow dots); these are addresses of actual paint retailers in the state. 130 potential paint retailer drop-off sites have been identified and solicited to be drop-off sites. As big box stores are unlikely to volunteer as drop-off sites, the 7 in the state were not included in the GIS analysis and are not shown in this map

Selecting from the potential 130 paint retail drop-off sites, Map 2 shows the optimal 45 sites (red dots) when applying the distribution/distance and density convenience criteria. These 45 sites represent the best combination of sites if PaintCare had the ability to hand select drop-off sites and intended to only meet the baseline convenience requirement of the law. However, as PaintCare does not intend to limit participation to a select group of sites, nor is it likely that this specific set of sites will all choose to be PaintCare partners, Map 2 should only be considered for illustrative purposes.

To further clarify, using this set of 45 sites is not the only way to satisfy the convenience requirement – it can be achieved through many other configurations of sites throughout the state, but it unlikely to be accomplished with fewer than 45 sites. In addition, though an important partner in the program, the state’s HHW facilities are not included on these maps since their days and hours vary greatly relative to retail stores and may be perceived as less convenient than retailers. But once again, these maps are simply for illustrative purposes – to get a sense of what a statewide convenient distribution of sites may look like. They do not represent the actual type, number or distribution of sites that may end up serving as drop-off sites in the Program.

Further discussion of the GIS methodology and analysis conducted by Golder Associates, an engineering firm with expertise in geographic mapping and analysis, is provided in Appendix E.


Map 1. Potential Retail Drop-Off Sites Map 2. Optimized Retail Drop-Off Sites


6. Site Operations and Materials Management

Statutory Citation



(3) Describe how the program proposed under the plan will collect, transport, recycle, and process postconsumer paint for end-of-life management, including recycling, energy recovery, and disposal, using environmentally sound management practices.

(7) Describe how postconsumer paint will be managed in the most environmentally and economically sound manner, including following the waste-management hierarchy. The management of paint under the program shall use management activities that promote source reduction, reuse, recycling, energy recovery, and disposal.


(4) the processors that manage postconsumer architectural paint identified under this section as part of the plan.

Section Overview


Drop-off site operations

Paint transportation and processing procedures

Processing and disposal of Program Products, including reuse, recycling, energy recovery and landfill

Site Operations

All PaintCare drop-off sites must:

Have an agreement in place with PaintCare;

Accept Program Products from all site-eligible audiences;

Be staffed during operating hours;

Store collected Program Products in a secure location; and

Follow all procedures in PaintCare’s operational guidelines.

All PaintCare drop-off sites will operate in accordance with PaintCare’s site guidelines, and with applicable federal, state and local environmental laws, regulations, and permits. If any discrepancies occur between PaintCare’s guidelines and these, the requirements of latter group will be followed.


Site Training

With the exception of HHW programs for which it is optional, all other PaintCare drop-off sites receive an in-person, on-site training regarding Program operations. Each site will be left with a training binder that is to be reviewed and includes a training log that is to be signed by any staff handling postconsumer paint for the PaintCare Program. Topics covered in the training (and training binder) include:

Program Product identification

Safe handling and storage of Program Products

Spill clean-up and reporting

Procedure for scheduling a paint pick-up

CEG/SQG/LQG screening

Record keeping

Collection Containers

Drop-off sites will be equipped with collection containers to store postconsumer paint received through the Program. Collection containers will be US DOT approved reusable (example on left) or single-use cubic yard boxes (example on right), 55-gallon drums, or other appropriate containers. Drop-off sites will be required to keep collection containers in a secure location that does not have public access. (Sites that can only hold one collection container may not be appropriate for the Program.)

Collection Volumes

Drop-off sites may voluntarily limit the amount of paint accepted from a customer at any time as long as the limit is no lower than 5 gallons. PaintCare will advertise a limit of 5 gallons per customer per visit, particularly for retail sites with limited storage space. However, the actual limits will be determined by individual sites.

Non-Program Products

Minimization of non-Program Products entering the Program is critical and will be achieved through public education, signage at drop-off sites, and drop-off site training on Program Product identification. PaintCare will arrange and pay for transportation and end-of-life management of any incidental non-Program Products that enter the system. In addition, PaintCare’s transportation and processing service providers will provide feedback to PaintCare regarding the source (specific drop-off site), quantity and


type of non-Program Products. Depending on the severity of contamination, PaintCare may do one of more of the following: (1) contact the site to let them know about the incident, (2) provide additional/refresher site training on identification of Program and non-Program Products, or (3) remove the site from the program.

Site Visits and Monitoring

Following the initial training, PaintCare’s representative will visit drop-off sites routinely to ensure compliance with Program requirements, address any needs or concerns they may have, and check their supplies of outreach materials.

Paint Transportation

An effective transportation system is required to ensure that the paint collection infrastructure operates efficiently. PaintCare will contract for transportation of all Program Products. Transporters will include both private and public entities (e.g., a municipality transporting paint from its own one-day events to a central location). Transporters must meet all applicable State and Federal DOT rules and regulations and must track Program Products from the collection sites to their final destination. Transporters, subsequent processors, and their records, will be subject to audits by PaintCare.

As needed, transporters will drop off empty collection containers and Program supplies (e.g., spill kits) at PaintCare drop-off sites and events and pick up full collection containers in a timely manner (likely to be 5 days for Vermont). Transporters will service drop-off sites on either an on-call basis (sites call for pick-up when their storage capacity is 50% full), or on a set schedule – whichever method is best for the individual drop-off sites.

At the time of this Plan submission, negotiations were under way for selecting the Program’s transporter(s). The Agency has been made aware of the likely vendor(s) and will be notified when the contracting process is complete. The Agency will also be notified any time a change to the transportation service provider is made in the future.

Paint Processing

Either directly, or through transportation service providers, PaintCare will contract for processing and proper end-of-life management of all Program Products. Once PaintCare’s transportation service contract(s) is finalized, the Agency will be notified of the paint processors and end-of-life paint destinations that are included with it. The Agency will also be notified of any changes made to processors or end-of-life destinations used in the Program.

The following summarizes the management options PaintCare intends to use for Program Products, subject to availability and economic feasibility, prioritized by highest, best use:

Latex Paint

Paint reuse

Paint reprocessed back into paint or into another product

Beneficial use

Appropriate disposal


The condition in which postconsumer latex paint is received by the Program may limit the available management options. If containers are not properly sealed during storage, latex paint can harden due to evaporation and may no longer be useable or recyclable. If latex paint is frozen a number of times, it may not be as suitable for reuse or recycling. Ultimately, the method of storage and the timing of the decision to recycle/dispose of the paint are determined by the consumer. The Program’s education and outreach component will encourage the return of unwanted postconsumer paint in an effort to reduce the age and improve the condition of collected paint.

Oil-Based Paint

Paint reuse

Energy recovery through fuel blending or fuel incineration

The majority of PaintCare collection sites will loose-pack oil-based paint into collection containers. (Some HHW sites or events may bulk it.) While it is possible to recycle oil-based paint back into paint, no processor offers this option at this time. With the exception of a small amount of reuse, all oil-based paint will be managed by fuel blending or fuel incineration.

The following provides a more detailed description of the latex and oil-based paint management options listed previously.

Latex: Reuse. As discussed previously, the Program will implement and support latex paint reuse programs where possible and provide monetary compensation to sites that give reuse paint away to the public free of charge. Paint reuse programs can return good quality paint to the local community without moving the paint through a costly network of transporters and processors. This is also an important opportunity to reduce the environmental impacts of the Program. As with other second-hand products, users of “previously owned” latex paint will be notified that the suitability of the product cannot be guaranteed, and they will be required to sign a waiver form before taking away paint for reuse from a PaintCare-partnering drop-off site.

Latex: Recycling Paint Back into Paint. Latex paint may be used to make recycled-content latex paint. Once reprocessed, recycled-content paint is sold through domestic and international markets. The quality of the paint varies from high quality color-segregated and filtered paint, to low-grade gray paint most commonly used for graffiti abatement.

Latex: Chittenden Solid Waste District (CSWD) Local Color Paint. PaintCare will work in partnership with CSWD to support and expand their Local Color paint processing program. CSWD recycles about 25% of latex paint received through its own and other HHW programs into their Local Color recycled-content paints. Selected paint is re-blended, double filtered, and poured into 2 and/or 5-gallon pails. Local Color can be purchased at the CSWD Environmental Depot and other HHW and reuse stores around the state.


Latex: Recycling Paint into Non-Paint Products. Though options are limited at this time, latex paint may be used as a raw material for other products. Current examples include a decorative landscaping material made by a California recycler and road base.

Latex: Beneficial Use. Latex paint may go to beneficial use – as approved by federal, state and local authority – including use in fuel substitute, and landfill biodegradation (an experimental technology).

Latex: Disposal. Latex paint may be solidified for proper disposal. In this process, liquid paint is combined with drying agents and turned into a solid suitable for landfill. Solidification represents the least desirable management method for postconsumer latex paint.

Oil-Based: Reuse. As with latex paint, the Program will implement and support oil-based paint reuse where possible. These programs benefit the community and reduce the life cycle impact of the postconsumer product. Users of “previously owned” oil-based paint will be notified that the suitability of the product cannot be guaranteed, and they will be required to sign a waiver form before taking paint away for reuse from a PaintCare-partnering drop-off site.

Oil-Based: Fuel Blending. Some cement kilns use high BTU value industrial by-products and hazardous wastes, including oil-based paint, as an alternative fuel source. These kilns are fully permitted for the necessary federal, state, and local requirements for hazardous waste management and monitor air emissions and kiln ash for permit compliance. Burning hazardous waste offsets the amount of other fuel sources required by the kilns to manufacture cement.

Oil-Based: Fuel Incineration. Permitted hazardous waste incinerators commonly use oil-based paint, flammable liquids and other hazardous wastes and industrial by-products as a substitute fuel source because it is less expensive than natural gas. Oil-based paint has a petroleum distillate base which aids in thermal destruction of other hazardous waste and validates its use in this capacity. These incinerators are fully permitted for the necessary federal, state, and local requirement for hazardous waste management and monitor air emissions and ash for permit compliance.

Incidental Non-Program Products

Although drop-off sites will be trained and instructed to screen out non-Program Products, it’s likely that a small number of containers of non-Program Products may enter the Program and be screened out during the sorting process by PaintCare’s transporters and processors. Incidental wastes will be recycled or disposed of as hazardous waste by PaintCare rather than returned to a drop-off site.

Empty Paint Containers

When possible, empty metal and plastic paint containers will be recycled. PaintCare will work with its service providers to identify and utilize opportunities as markets permit.


7. Education and Outreach

Statutory Citation



(8) Describe education and outreach efforts to inform consumers of collection opportunities for postconsumer paint and to promote the source reduction and recycling of architectural paint for each of the following: consumers, contractors, and retailers.

(d) A producer or a stewardship organization of which a producer is a member shall promote a paint stewardship program and provide consumers with educational and informational materials describing collection opportunities for postconsumer paint statewide and promotion of waste prevention, reuse, and recycling. The educational and informational program shall make consumers aware that the funding for the operation of the paint stewardship program has been added to the purchase price of all architectural paint sold in the State.

(e) A plan approved under this section shall provide for collection of postconsumer architectural paint at no cost to the person from whom the architectural paint is collected.

Section Overview


Outreach methods, messaging, and target audiences

Lessons learned from PaintCare Programs in other states

Introduction

PaintCare is committed to providing robust and successful education and outreach for the Vermont Paint Stewardship Program using a variety of communication tools, including:

Earned media (e.g., press releases/coverage)

Traditional media (e.g., newspaper, radio, television)

Print materials (e.g., brochures, factsheets)

Online and social media

Direct, face-to-face communications (e.g., home shows, retail site visits, presentations)

Examples of PaintCare outreach materials are included at the end of this section.


Messaging

Reduce, Reuse, Recycle

The “Reduce, Reuse, Recycle” messages have been used by environmental organizations and waste management programs for more than 20 years to reduce the amount of postconsumer paint and to inform consumers how and where to recycle their unwanted paint. This type of messaging – and more – will be necessary to have a successful Paint Stewardship Program in Vermont. PaintCare intends to promote the concept behind the “3Rs,” however, instead of “reduce, reuse, recycle,” the PaintCare campaign will use more instructive and paint-specific messaging such as “Buy Right, Use It Up, Recycle the Rest.”

Program Awareness

Another critical messaging component involves building awareness of the PaintCare Program. Key messages for this element include:

What PaintCare is and why it exists

Why the Law was passed (e.g. product stewardship, cost savings to municipalities)

PaintCare Recovery Fee – the purpose and amounts

Which products are accepted in the Program and which products are not

Target Audiences

PaintCare’s outreach and education plan will focus appropriate messages to each of the following audiences:

Households (residents)

Businesses (professional painters, contractors, property managers, etc.)

Paint retailers

The following examples illustrate how the Program may adjust the emphasis of messages in outreach materials based on target audience:

Households. Emphasize “Buy Right” through working with a retail paint professional that has experience with estimating the correct volume of paint for a specific project.

Households. Emphasize finding a drop-off site to recycle paint – change the prior instructions used by some Vermont HHW programs from “dry and dispose” to “find a place to take latex paint along with other Program Products for recycling.”

Trade Painters. Emphasize “Use It Up” to minimize the amount of paint becoming waste and “Recycling the Rest” since recycling opportunities may not have existed in the past for businesses in all parts of the state.

Retailers. Emphasize “Understanding PaintCare” so they can properly explain the Program to their customers.


Written Materials

PaintCare will develop the following written materials for use by paint retailers, drop-off sites and/or the general public:

Window Poster/Cling: To promote a site as a paint drop-off location.

Signage: Geared at creating general awareness of the Paint Stewardship Program, such signage communicates the PaintCare Recovery Fee, how to find a drop-off site, and how to obtain more information about the Program.

Brochures/Cards: Designed to help the public find drop-off sites and explain PaintCare Program.

Fact Sheets: Formatted for easy printing and available from the PaintCare website, fact sheets are designed for a variety of audiences and cover a variety of subjects (e.g., general information, how to become a paint drop-off site, benefits to municipal programs, etc.)

PaintCare will send retailers a “starter pack” of consumer point-of-sale (POS) outreach materials prior to the start of the Program. As needed, retailers may order additional POS materials for no charge.

Lessons Learned from PaintCare in Other States

Vermont’s PaintCare Program will benefit from lessons learned – programmatically and financially – from PaintCare Programs in other states. These key lessons are discussed here.

PaintCare has learned the importance of balancing the need to tell the public about the Program (that there is a new fee on paint and that there are new drop-off sites) with the need to allow the drop-off sites time to become familiar with operations.

Prior to PaintCare, for many Vermont residents, municipal HHW collection events were the primary option for getting rid of paint. Those who have used these events know that they need to act in a timely manner and that the number of days is often very limited. At the start of PaintCare Programs in other states, some sites were deluged with large numbers of people hurrying to use the retail drop-off sites as soon as they learned about them. However, with PaintCare there is no immediacy to using the retail drop-off sites; PaintCare retail drop-off sites they are permanent and open whenever the retailer is open.

PaintCare will conduct a statewide outreach to all areas of the state about the program and options, but the outreach will be phased in gradually in order to avoid overwhelming sites and frustrating customers and retailers. When collection containers become full, the sites cannot accept more paint until the full containers are replaced with empty ones. The public is unhappy with the Program and retail sites if they are turned away, the retailers are frustrated turning people away, and local governments are concerned that this may lead to illegal dumping.

To address these concerns, PaintCare’s approach will be to limit the initial outreach to press releases that announce that there is a new Program – with a fee on new paint – and explain that drop-off sites are permanent and open year-round during regular business hours. As sites become more comfortable with the operations, PaintCare will gradually start media campaigns in phases to create more awareness about the Program and how to find drop-off sites. This approach has been successful in Connecticut.


This initial strategy lacks an important element: that of informing those people who may not see any news stories that the Paint Recovery Fee is being added to their new paint purchases. PaintCare knows that trade painters and other consumers who purchase paint frequently will notice the fee and are more concerned and vocal than those who buy paint infrequently. To address these key consumers of paint, PaintCare will work with trade painters and home builder/remodeler associations, and has already started to provide factsheets to retailers to insert in their monthly bills to regular customers and make available in the stores so that customers will not be surprised by the fees (see Appendix D).

Phasing in Outreach

A preliminary outreach strategy has been developed and discussed at two stakeholder meetings in Vermont in November 2013. This plan recommends that public relations (press releases) be used to reach the general population, and that they focus specifically on generating statewide press coverage of the approval of the Program Plan and launch of the Program. Once the retailers that are serving as drop-off sites are accustomed to the Program, PaintCare will expand outreach through a combination of local newsprint, television, radio, and geo-targeted on-line advertising. In the early phases of the Program, the outreach firm suggests using more newspaper and online advertising, and being cautious when using radio and television to avoid broadcasting the PaintCare message into neighboring non-PaintCare states (e.g. New Hampshire and New York). Cable television and public/talk radio provide greater control when compared with broadcast television and larger commercial radio stations.

Stakeholder Meetings with Retailers

As already discussed, PaintCare makes outreach materials available to all paint retailers, and will assist retailers to comply with the requirement of the Vermont Law to provide consumers with information regarding available management options for postconsumer paint

Experience in Oregon demonstrated that it is difficult to get retailers to make space for promotional and written materials about the PaintCare Program, despite offering and delivering these materials free of charge. To address this, PaintCare has worked with retail stakeholders to learn what would make them more willing or interested in utilizing PaintCare’s materials and promoting the benefits of the Paint Stewardship Program.

PaintCare held two meetings with retailers: In California in June 2012, several months prior to the start of that program, and in Oregon in 2013, almost three years after the start of that program. At these meetings, PaintCare reviewed POS materials (posters, brochures, etc.), and solicited feedback about messaging, design, size, adaptability, co-branding and other elements that may factor into a retailers willingness or ability to use these materials. Key feedback from these meetings is as follows:

June 2012 (California)

Message should be simplified to “Recycle with PaintCare.”

Retailers requested a small card to hand customers to help them contact PaintCare by phone or via the website to find a drop-off site.

Estimating the correct amount of paint to purchase is complicated. It requires knowledge about the type of paint, surface to be painted, and other factors. Retailers would not utilize or distribute PaintCare materials addressing this subject. Instead, retailers suggested that consumers be told to seek advice about buying the right amount of paint from store staff.


Retailers need to provide advanced notice to their commercial customers (mostly trade painters) to provide them ample time to prepare for the new fees and incorporate the fees into their bids/estimates prior to the launch of the Program.

April 2013 (Oregon)

After the first year of the program, there are not many complaints about fees.

Drop-off sites like being listed in newspaper ads.

The poster about estimating paint sales was not useful. As with the California meeting, the Oregon retailers said estimating how much paint to purchase is not simple and requires more discussion than a chart could convey.

They preferred the look of the materials developed for California (Oregon materials had not been redesigned prior to stakeholder meeting.)

Site Locator Tool

PaintCare is committed to providing accurate, up-to-date information regarding paint recycling options available to the public and has taken on the significant task of developing its own nationwide database of paint collection programs, referred to as the “site locator” tool. The site locator provides a unique, paint-specific, easy-to-use search tool for locating the nearest drop-off site to take leftover paint for reuse, recycling or proper disposal. Site-specific information will explain who is eligible to use a specific site and what limitations apply to the site (e.g. municipal transfer stations that serve only that municipality’s residents). This tool is available from PaintCare’s website and through a mobile phone application. In non-PaintCare States the tool lists municipal household hazardous waste collection programs as locations where the public can bring leftover paint, and in PaintCare States, it lists only PaintCare drop-off sites and HHW programs that partner with PaintCare.

Outreach Contractor

PaintCare will work with two outreach firms for conducting outreach to Vermont residents and businesses. The lead agency will be Mascola Group of New Haven, Connecticut. PaintCare and Mascola have identified and are intending to contract with Marketing Partners, a Vermont-based firm to help with certain aspects of the Program including public relations (press releases), media planning and community-based events.

Outreach Budget

Design of most materials (e.g. brochures, factsheets, newspaper ads), website and online/social media are coordinated by PaintCare’s corporate communications team and customized for each state. These design expenses are not part of the Vermont outreach budget (they are rolled into corporate costs, of which Vermont pays its relative portion as described in the budget discussion in Section 9 of this Plan). The proposed $100,000 outreach budget will be used for the following direct costs for Vermont:

Media Buying (two-thirds of budget)

A variety of media will be used to reach all parts of the state (e.g. newspaper, radio, television, online, including planning). The two agencies will develop the media plan together. Mascola will make most media purchases in order to leverage their media buying throughout New England. PaintCare plans to use two thirds of the budget for media buying.


Non-Media Buying (one third of budget)

Printing and mailing of print-based materials (e.g. brochures, factsheets).

Earned media (e.g. press releases/coverage). For the launch of the Program, PaintCare will plan and execute a Vermont press event with government officials, local retailers and other stakeholders. At the recommendation of both outreach firms, this function will be led by Marketing Partners in order to leverage their relationships with local media. Following launch, earned media may be linked to local events such as submission of Annual Reports and Earth Day, or PaintCare may decide press releases are not necessary and shift the budget to increase media buying or other outreach activities.

Contingency: Other outreach activities may include non-corporate design and printing, participation in local events and home shows, direct mail, and other new (unanticipated) opportunities.

Examples of Outreach Materials

Trifold Brochure and Mini-Card General Poster for All Retailers


Newspaper Ad (California)

Newspaper Ad (Connecticut)

Poster for Retail Drop-Off Sites

Site Locator Mobile App


8. Paint Sales and Projected Collection Volumes

Statutory Citation



(6) Establish goals to reduce the generation of postconsumer paint, to promote the reuse of postconsumer paint, and for the proper management of postconsumer paint as practical based on current household hazardous waste program information.

Section Overview


Architectural paint sales in the United States and Vermont

Studies and data regarding available collection volumes of postconsumer architectural paint

Vermont baseline collection data

Projected collection volumes under the PaintCare Program

Architectural Paint Sales

Due to complex distribution chains that may involve layers of distributors between the manufacturer and final point of sale, most manufacturers do not know the volume of their paint sold into each individual state. To address this, PaintCare commissioned a study in the fall of 2012 by Decision Metrics, Inc., a research firm that specializes in coatings industry analysis and economic forecasting. Decision Metrics utilized key indicators including existing home sales, housing starts, state-level employment rates and commercial vacancy rates to build a national and state-level model for predicting annual sales of architectural paint.

The Decision Metrics study projected sales of 670 million gallons of architectural paint in the United States in 2013, 1.7 million gallons of which will be sold in Vermont. This represents 0.26% of national sales, while Vermont represents 0.20% of the national population.

While the volume of paint sold in Vermont is based on estimates, assumptions about the mix (relative percentage) of container sizes comes from actual PaintCare data for Connecticut sales from July 2013 through October 2013. Using data from Connecticut, Vermont’s projected container mix is 55% 1-gallon containers, 28% quart containers, and 17% 5-gallon containers. Container size mix is used to establish the PaintCare Recovery Fee structure presented in Section 9 (Budget and PaintCare Recovery Fee) of this Plan.

Following implementation, the Program will have actual sales and container mix data from manufacturers participating in the Vermont PaintCare Program. If actual data differs significantly from estimates, then projections of revenue, postconsumer paint collection, and related costs may need to be revised. If fees need to be altered, then approval would be required from the Agency.


Volume Available for Collection

Paint is designed to be fully consumed through application to walls, buildings and other surfaces. Although the amount of postconsumer paint received through collection programs is measurable, it is very difficult to determine the total quantity of postconsumer paint that is leftover, unwanted and available for collection. The lag time between the purchase of paint and the decision that the unused product is unwanted, and the additional time taken to return it to a drop-off site can vary greatly. In addition, architectural paint products have a long shelf-life, so consumers purchasing paint in one year may not decide that the unused portion is “unwanted” for several years.

Studies on Leftover Paint Quantity

PaintCare considered the following data and studies to project the total amount of postconsumer paint available for collection, and the percentage of that amount to be received by the PaintCare Program:

(1) Data from mature Canadian paint collection programs and the Oregon, California and Connecticut PaintCare programs;

(2) “A Background Report for the National Dialogue on Paint Product Stewardship” prepared by Greiner Environmental Inc. and the Product Stewardship Institute for the Product Stewardship Institute (PSI);

(3) Documents prepared for the Paint Product Stewardship Initiative (PPSI), including “Quantifying the Disposal of Post-Consumer Architectural Coatings” conducted by Abt Associates Inc. for the U.S. Environmental Protection Agency (EPA);

(4) “Paint Product Stewardship Initiative Infrastructure Report” prepared by SCS Engineers for the Washington State Department of Ecology; and

(5) “Consumer Architectural Coatings Disposal Study” conducted by NFO Research Inc. for the National Paint and Coatings Association (ACA’s former name).

Links to the above studies can be found on the paint project page of the Product Stewardship Institute’s website at www.productstewardship.us/paint.

In the Background Report, PSI estimated that 2.5% to 5.5% of paint sold remains as leftover paint. EPA’s study estimated that 6% to 16% of paint sold remains as leftover paint.

The Infrastructure Report considered scenarios of 5%, 10%, and 15% of paint sales resulting in leftover paint, consistent with both the PSI and EPA studies. The report stated that “even with high levels of promotion, few paint collection programs are likely to capture more than 75 percent of the leftover paint in a region.”

The NFO study found that the average amount of leftover paint per household was 0.375 gallons. Consistent with the NFO study, the Infrastructure Report found that using the 5%, 10%, and 15% scenarios, the quantity of paint expected to be collected per household would be in the range of 0.15 to 0.60 gallons (low and extra high), with 0.30 and 0.45 gallons being the middle range. These values corresponded with data from existing HHW programs (that accept latex paint in addition to oil-based paint), with newer programs operating in the low ranges and more mature programs operating in the middle ranges.

http://www.productstewardship.us/paint


Baseline Collection Volume

Vermont’s 2012 municipal waste collection data showed that approximately 60,000 gallons of paint was collected through HHW and paint collection programs, divided about evenly between latex and oil-based paint. Data in other PaintCare states shows a typical split of 70-90% latex paint and 10-30% oil-based paint. As noted previously, not all programs collect latex paint in Vermont at this time which explains why the relative portion of oil-based paint is greater than expected. After a few years of operations, the relative mix of latex and oil-based paint collected in the Vermont Program is expected to resemble other state programs that accept latex paint in all their paint collection programs.

Projected Collection Volume

PaintCare considered the studies and data discussed above, as well the possibility of receiving large volumes of legacy (very old) paint, to estimate the amount of postconsumer paint anticipated for collection in Vermont in the first two years of the Program. The assumptions are discussed here and summarized in the table below.

Sales volume will remain nearly the same for the first two years of the Program at approximately 1.7 million gallons annually.

The first reporting period for the Vermont program will cover 14 months, from May 1, 2014 to June 30, 2015. Sales volume for the 14-month period is estimated at 2.07 million gallons.

10% of architectural paint sold remains leftover and is available for recycling, equaling approximately 207,300 gallons for the initial 14-month reporting period. Note that the typical time frame for disposing of leftover paint is several years after its purchase.

Mature paint collection programs tend to collect about 70% of leftover paint annually. This can also be stated as 7% of annual sales.

PaintCare anticipates capturing 60% of leftover paint, at most, in the first couple of years of the Program. This value can also be stated as the equivalent of 6% of sales, referred to as the “recovery rate.” Recovery rate1 is defined as the volume of paint collected divided by the volume of paint sold in the same year. A 6% recovery rate in Vermont represents approximately 106,000 gallons per year, and 124,000 gallons for the 14-month initial reporting period. The 6% recovery rate includes both newly available unwanted paint and the legacy paint that has been accumulating in garages and basements awaiting a convenient recycling option.

A 6% recovery rate is a very high collection volume for a new program. Using the above assumption, Vermont’s current recovery rate is approximately 3.5%. However, as not all waste districts in Vermont have previously collected latex paint, we anticipate a large initial return of legacy latex paint and are thus preparing for a high recovery rate from the start of the program. The same recovery rate is anticipated for the second year of the Program, but with a smaller percentage of the paint being legacy, and a larger percentage coming from “newer” leftover paint. With each successive year, we anticipate the percentage of legacy paint to decrease and the percentage of more recent leftover paint to increase. The table on the following page summarizes the values described above.

1 The Vermont Agency of Natural Resources uses the term Recovery Rate for other waste management

programs to mean the percentage of a material collected that is recycled. This is a different use of the term than the way it is used by PaintCare in this Program Plan and in other state programs run by PaintCare.


Projected Collection Volume and Recovery Rate

Gallons

Volume sold annually 1,777,000

Volume sold in initial 14-month program period 2,073,000

Volume leftover (10% of 14-month period sales) 207,300

Volume collected in mature programs (70% of leftover/7% of sales) 145,000

Projected recovery rate in the first reporting period (60% of leftover/6% of sales) 124,000

It should be noted that there are several factors that make recovery rate goals and calculations problematic. They include the following:

As noted previously, the time at which a consumer decides his/her unused paint is “unwanted” can vary greatly. As a result, paint brought to a drop-off site may have been purchased very recently or purchased many years ago (legacy paint). Meanwhile, the amount available for collection (thought to be 10% of sales) is derived from a current and fixed time period (e.g., 2013 sales data) and does not take into account variations in paint sales over time. As a result, the variables used to calculate recovery rates are poorly correlated.

A wide swing in sales due to positive or negative economic conditions can change the recovery rates even if there is no actual change in collection volumes. Negative economic conditions can lead to lower paint sales. This will translate into a smaller denominator in the recovery rate calculation, which results in a higher recovery rate, even if real collection volumes did not increase. Likewise, positive economic condition can artificially decrease the recovery rate.

The most important factor not considered when setting recovery rate goals is the impact of source reduction on the volume available for collection. “Buy Right” and “Use it Up” are important components of the PaintCare Program and source reduction is an important goal of paint stewardship mandates. The more successful PaintCare is at providing consumers with information and tools to purchase the correct amount of paint and/or to use up what they have leftover, the less postconsumer architectural paint will be available for collection. This is the most desirable outcome of the Program, but cannot be recognized if Program success is measured by increased collection volumes.

Given these factors, along with limited baseline data due limited latex paint activity in the state, PaintCare is not setting volume-based collection goals, but rather examining and providing recovery rate data for planning and budgeting purposes only. As noted previously, the projected volume of paint to be collected in the first reporting period is expected to include both newly leftover paint plus a significant portion of the paint stored prior to the start of the PaintCare program (legacy paint). PaintCare will track the data points discussed above and report the results in its annual reports to the Agency.


9. Budget and PaintCare Recovery Fee

Statutory Citation


(b) The producer or stewardship organization shall submit a budget for the program proposed under subsection (a) of this section, and for any amendment to the plan that would affect the program’s costs. The budget shall include a funding mechanism under which each architectural paint producer remits to a stewardship organization payment of a paint stewardship assessment for each container of architectural paint it sells in this State. Prior to submitting the proposed budget and assessment to the Secretary, the producer or stewardship organization shall provide the budget and assessment to a third-party auditor agreed upon by the Secretary. The third-party auditor shall provide a recommendation as to whether the proposed budget and assessment is cost-effective, reasonable, and limited to covering the cost of the program. The paint stewardship assessment shall be added to the cost of all architectural paint sold in Vermont. To ensure that the funding mechanism is equitable and sustainable, a uniform paint stewardship assessment shall be established for all architectural paint sold. The paint stewardship assessment shall be approved by the Secretary and shall be sufficient to recover, but not exceed, the costs of the paint stewardship program.

Section Overview


PaintCare’s funding mechanism

Projected cost of the Vermont PaintCare Program

PaintCare Recovery Fee structure

PaintCare Recovery Fee audit

Introduction

Key to the success of the Vermont Paint Stewardship Program is the development of a sustainable funding mechanism. Architectural paint manufacturers – through representation by PaintCare – must establish a funding system to cover the full cost of implementing the Vermont Paint Stewardship Program.

The PaintCare Program works by placing a paint stewardship assessment (“PaintCare Recovery Fee”) on containers of architectural paint sold in Vermont beginning on the Program start date. The fee must be set at a rate to cover, but not exceed, the cost of implementing the Program.

Funding Mechanism

As the representative organization, PaintCare will implement and direct all aspects of the Vermont Paint Stewardship Program for participating manufacturers. Funding for Program implementation will come from registered manufacturers (see Section 3 of this Plan) to PaintCare in the form of the PaintCare Recovery Fee. The following steps describe the application of the PaintCare Recovery Fee:


(1) Manufacturers add the PaintCare Recovery Fee to containers of architectural paint sold in Vermont directly or through dealers (retailers and distributors).

(2) Retailers and distributors pass the PaintCare Recovery Fee to their customers by including it in the price of architectural paint they sell in Vermont.

(3) When consumers buy architectural paint in Vermont, the PaintCare Recovery Fee is included in the purchase price. As a result, retailers (and distributors) recoup the PaintCare Recovery Fee they paid when purchasing architectural paint from their suppliers.

(4) Within a designated timeframe (e.g., monthly, quarterly, etc.), manufacturers report sales and remit to PaintCare the PaintCare Recovery Fees for architectural paint they sold in Vermont in the preceding reporting period. Manufacturers have already recouped the PaintCare Recovery Fees they are paying to PaintCare, because the Fees were included in the price of their architectural paint when they sold it to their dealers.

Budget Discussion

The Program has developed a Program budget and proposed PaintCare Recovery Fee structure that sustains the Program. The budget is based on the assumptions covered in Section 8 of this Plan (Paint Sales and Projected Collection Volumes) that resulted in a projected recovery rate of 6% in the initial 14-month reporting period. The following describes the primary elements of the budget:

Revenue

The volume of paint sold in Vermont is based on industry estimates while the mix of containers by size sold is based on actual sales data from the Connecticut PaintCare program.

Operational Costs

PaintCare estimates that the Vermont Program, which will include many new drop-off sites, significant outreach efforts, and potential large volumes of legacy paint in the state, the Program should prepare for a 6% recovery rate in the first year of operations.

In combination, paint transportation and processing costs are the most significant expenses of the Program. Transportation costs include per-collection container transportation cost and/or minimum stop charges. Processing costs are charged by the pound. Transportation accounts for approximately 15% of total Program costs, while processing accounts for 50% of the total Program costs.

Communication expenses include advertising and promotional materials to increase Program visibility through education and outreach, and represent approximately 9% of planned expenses.

Personnel, professional fees and other expenses include the cost of one full-time employee of PaintCare, legal costs for developing and negotiating contracts, the cost for the audit of the PaintCare Recovery Fee (as required by the Law) and other logistical, professional support, and miscellaneous office expenses.

State administrative and permitting fees will be paid by PaintCare to the Agency annually.


Administrative Costs

Administrative expenses (also called indirect costs) are costs that do not directly benefit the Vermont Program, but rather are indirectly beneficial to the Vermont Program. Administrative costs include corporate staffing, construction of data management systems, company-wide auditing fees, legal fees, and general communications. Administrative costs are allocated among all active PaintCare programs (states where legislation has passed). Vermont’s current allocation, based on relative population size among the 7 active states, is approximately $32,000 per year. Vermont’s share of the administrative expenses is estimated at approximately 3% of the Vermont budget.

Program Surplus/Deficit

PaintCare has set the stewardship assessment to sufficiently cover the anticipated costs of the program. In the event that assessment fee receipts exceed the actual costs of the Program, the excess fees will be held by the Vermont Program and reported as “net assets” in the financial statements. If a positive net asset balance exists, the balance will allow the Vermont Program to absorb future fluctuations in sales and collection volumes, while still maintaining expected Program service levels. Once the Vermont Program has achieved a consistent level of collections activity, the stewardship assessment fee schedule will be analyzed for appropriateness, and will be adjusted, if necessary.

Program Budget

The budget for the initial 14-month reporting period is summarized here:

Revenue

Container size: More than half pint to less than 1 gallon $ 137,285

Container size: 1 gallon 584,944

Container size: More than 1 gallon to 5 gallons 382,458

Total revenue 1,104,687

Expenses

Paint processing 529,853

Paint transportation 154,011

Collection containers/collection support 91,190

Communications 100,000

Personnel, professional fees and other 138,910

State administrative fees 15,000

Total direct expenses 1,028,964

Allocation of corporate activity 31,962

Total expenses 1,060,926


Change in net assets 43,761

Pre-program costs* 80,000

Ending net assets $ (36,239)

*PaintCare has incurred, and will continue to incur, pre-program “start-up” costs until the

Program launches. These costs include but are not limited to personnel, travel, legal costs, state administrative fees, and the allocation of corporate expenses.

PaintCare Recovery Fee

The result of anticipated Program costs, combined with projected sales and container size mix, is the following proposed PaintCare Recovery Fee structure. As the next section describes, an independent audit conducted on behalf of the Agency supports the proposed PaintCare Recovery Fee structure.

Container Size Fee

Half pint or less $ 0.00

More than half pint to less than 1 gallon $ 0.35

1 gallon $ 0.75

More than 1 gallon to 5 gallons $ 1.60

The proposed fees per container for Vermont are the same as in other PaintCare States.

Audit of the PaintCare Recovery Fee

As required by the Vermont Law, PaintCare shall propose a uniform paint stewardship assessment and such assessment shall be reviewed by an independent auditor to assure that it does not exceed the total costs of implementing the Program.

PaintCare conducted a competitive selection process, hired, and identified the auditor to the Agency for its approval for use to conduct an independent review of the paint stewardship assessment. PaintCare is responsible for the work product of the selected independent auditor. The cost of the work performed by the independent auditor is paid by the paint stewardship assessment.

For the proposed assessment structure, PaintCare contracted with HRP Associates Inc., the same firm used for the pre-program audit of the of the Connecticut Program. The Agency approved the use of HRP Associates Inc. to review the proposed paint stewardship assessment to assure that such assessment does not exceed the costs of the paint stewardship program and to recommend an assessment to the Agency.


Following Agency approval, PaintCare provided HRP Associates the requested documentation to conduct the review, including:

PaintCare’s solicited pricing bids for paint transportation and one-day event services

PaintCare’s solicited pricing bids for paint processing (recycling) services

PaintCare’s solicited bids for public outreach activities

PaintCare’s proposed budget with details of costs based on bids submitted for paint collection, transportation, processing, and outreach and education, as well as personnel, legal fees, corporate costs and other budget elements

PaintCare’s proposed PaintCare Recovery Fee structure

HRP Associates’ audit results are available in Appendix F and conclude with: “HRP independently reviewed the calculations performed by PaintCare for accuracy and the calculations were deemed sufficient. Based on our review, we find the Paint Stewardship Assessment, determined by PaintCare, to be reasonable and not to exceed the actual operational costs to administer the Paint Stewardship Program.”


10. Annual Report and Financial Audit

Statutory Citation

10 V.S.A. § 6677. PRODUCER REPORTING REQUIREMENTS

No later than October 15, 2015, and annually thereafter, a producer or a stewardship program of which the producer is a member shall submit to the Secretary a report describing the paint stewardship program that the producer or stewardship program is implementing as required by section 6673 of this title. At a minimum, the report shall include:

(1) a description of the methods the producer or stewardship program used to reduce, reuse, collect, transport, recycle, and process postconsumer paint statewide in Vermont;

(2) the volume and type of postconsumer paint collected by the producer or stewardship program at each collection center in all regions of Vermont;

(3) the volume of postconsumer paint collected by the producer or stewardship program in Vermont by method of disposition, including reuse, recycling, energy recovery, and disposal;

(4) an independent financial audit of the paint stewardship program implemented by the producer or the stewardship program;

(5) the prior year’s actual direct and indirect costs for each program element and the administrative and overhead costs of administering the approved program; and

(6) samples of the educational materials that the producer or stewardship program provided to consumers of architectural paint.

Section Overview


Content of the required annual report

Content and process for the required annual financial audit

Annual Report

PaintCare will submit an Annual Report each year on October 15th to the Agency. With the exception of the first Program year, the reporting period will cover the previous 12 month period of July 1 – June 30. The Vermont Program’s first Annual Report will cover a 14 month period, May 1, 2014 – June 30, 2015 and include, at a minimum, the elements required by the Law (provided above).

Financial Audit

PaintCare undergoes an annual, independent financial audit of the organization as a whole. PaintCare conducts a competitive selection process for the auditing firm and hires the auditor to conduct an independent audit. The cost of the audit is shared by all PaintCare states, and is paid by the paint stewardship assessment.

While the audit is conducted of the organization as a whole, it also serves as the annual audit, conducted by an independent auditor, of the total cost of implementing the Vermont Paint Stewardship


Program. The independent audit report will contain a Schedule of Activities that will display the Vermont Program as a business unit.

The independent audit is conducted in accordance with auditing standards generally accepted in the United States of America. Those standards require that the auditing firm plan and perform the audit to obtain reasonable assurance that financial statements are free of material misstatement. The audit also includes examination, on a test basis, of evidence supporting the amounts and disclosures in the financial statements; evaluation of the accounting principles used and any significant estimates made by management; and appraisal of the overall financial statement presentation. PaintCare will include the audited financial statements as part of the Annual Report submission to the Agency.

Appendix A

PaintCare Board of Directors

Karl Altergott, Chairman, Dunn-Edwards Corporation

Barry Chadwick, Vice Chairman and Treasurer, Benjamin Moore and Co.

Gene Brickhouse, True Value Hardware

Steve Devoe, Kelly-Moore Paint Company

Aaron Erter, Valspar Corporation

Paul Hoogenboom, RPM

Steve McMenamin, California Products Corporation

Scott Sinetar, PPG Industries

Drew Vogel, Vogel Paint, Inc.

Appendix B

Registered ManufacturersVermont Paint Stewardship Program as of 1/23/2014

Ace Hardware Paint Division1

AFM - American Formulating and Manufacturing / AFM Safecoat (also listed as Emiron Corporation)

2

Akzo Nobel Paints3

Amteco, Inc.4

Anvil Paints and Coatings Inc5

Basic Coatings LLC (also listed as Betco Corporation LTD)6

Behr Process Corporation7

Benjamin Moore & Co.8

Betco Corporation LTD (also listed as Basic Coatings)9

California Products Corporation10

Chittenden Solid Waste District11

Clinical Paints (also listed as Imperial Paints LLC)12

Complementary Coatings Corp (also listed as Insl-X Products)13

Custom Building Products, Inc.14

Daly's Inc15

Duckback Products / Division of Duckback Acquisition Corporation16

E.I. du Pont de Nemours and Company17

ECOS Paints (also listed as Imperial Paints LLC)18

Emiron Corp (also listed as AFM)19

Farrow & Ball Canada Ltd20

Forrest Paint Co21

Franklin Paint Company22

Gemini Industries, Inc. / Gemini Coatings, Inc.23

Golden Artist Colors, Inc.24

H. Behlen & Bro. (also listed as RPM Wood Finishes Group, Inc.)25

Henry Company LLC26

Homax Group Inc., The27

Imperial Paints LLC (also listed as ECOS Paints, Clinical Paints, Lullaby Paints)28

Insl-X Products (also listed as Complementary Coatings Corp)29

Lauzon Distinctive Hardwood Flooring30

Lullaby Paints (also listed as Imperial Paints LLC)31

PAGE 1 OF 2

Registered ManufacturersVermont Paint Stewardship Program as of 1/23/2014

Masterchem Industries LLC32

Messmer's Inc.33

NCH Corporation34

Old Town Paints LLC35

Performance Coatings, Inc.36

Perma-Chink Systems, Inc.37

PPG Architectural Finishes, Inc.38

PPG Industries (also listed as Vanex, Inc.)39

PROSOCO, Inc.40

Quikrete41

Richard's Paint Manufacturing Co Inc.42

RPM Wood Finishes Group, Inc. (also listed as H. Behlen & Bro.)43

Rudd Company, Inc.44

Rust-Oleum Corporation45

SamaN46

Sansin Corporation, The47

Seymour of Sycamore48

Sherwin-Williams49

Southern Diversified Products, LLC50

Sto Corp.51

Sunnyside Corporation52

Sutherland Welles Ltd.53

Textured Coatings of America, Inc.54

True Value Manufacturing Company55

United Gilsonite Laboratories (UGL)56

Valspar Corporation, The57

Vanex, Inc. (also listed as PPG Industries)58

W. M. Barr & Company, Inc.59

Waterlox Coatings Corp.60

Yenkin-Majestic Paint Corp.61

PAGE 2 OF 2

Registered BrandsVermont Paint Stewardship Program as of 1/23/2014

2010 (all products)A-100Accent Color BaseAccolade®Ace Contractor Pro Paints and PrimersAce Essence PaintsAce Great Finishes Interior Stains & VarnishesAce Royal Finest PaintAce Royal Paints and PrimersAce Rust Stop Enamels and PrimersAce Sealtech WaterproofersAce Sensations PaintAce Simply Magic Ceiling PaintAce Wood Royal Exterior StainsAcri-Pro® 100Acri-Shield® Paint and StainsAdvantageTM 900 (Gloss & Semi-Gloss)AFM SafecoatAlllfor (all products) America's FinestAmerican AccentsAmerican Pride PaintAMTECO 3200 SATIN VARNAMTECO SILICONE (various colors)AMTECO TWP (various colors)AMTECO WATER BASED STN VARNAMTECO WHITE SATN VARNAndersonsAndy Sez (all products)Aqua Mix Aqua StainAqua Mix Enrich-n-SealAqua Mix High Gloss SealerAqua Mix Penetrating SealerAqua Mix ProSolvAqua Mix Seal & Finish Low SheenAqua Mix Sealer's Choice GoldAqua Mix Stone EnhancerAqua Mix UltraSolvAqua Zar (All Gloss Levels)Artistic FinishesAspireAutoBody MasterBakorBar OX 340 Devoe EPCBar OXDevoe EPCBarn & Fence Paints

Barn & Fence PaintsBasic Coatings Hardwood Floor Refinisher GlossBasic Coatings Hardwood Floor Refinisher SatinBehrBehr Premium PlusBehr Premium Plus UltraBehr Premium SelectBehr Pro-XBenite Wood ConditionerBenjamin Moore AdvanceBenjamin Moore Alkyd DulamelBenjamin Moore Anti-Slip CoatingBenjamin Moore ArborcoatBenjamin Moore AuraBenjamin Moore BenBenjamin Moore Benwood FinishesBenjamin Moore Chalkboard PaintBenjamin Moore Color SamplesBenjamin Moore ConceptsBenjamin Moore Concrete StainBenjamin Moore Concrete Waterproof SealerBenjamin Moore Eco SpecBenjamin Moore Fresh StartBenjamin Moore Grand EntranceBenjamin Moore ImagineBenjamin Moore ImpervexBenjamin Moore ImpervoBenjamin Moore IroncladBenjamin Moore Moorcraft Super CraftBenjamin Moore Moorcraft Super HideBenjamin Moore Moore's Floor and PatioBenjamin Moore Moore's Kitchen and BathBenjamin Moore Moore's Masonry SealerBenjamin Moore Moore's MurescoBenjamin Moore Moore's Porch and FloorBenjamin Moore Moore's Swimming Pool PaintBenjamin Moore MooreProBenjamin Moore MoorgardBenjamin Moore MoorgloBenjamin Moore Moorlastic ElastomericBenjamin Moore MoorlifeBenjamin Moore Multi-Purpose Primer/FinishBenjamin Moore NaturaBenjamin Moore Premium Exterior StainBenjamin Moore Pro FinishBenjamin Moore Regal

Benjamin Moore Regal SelectBenjamin Moore Satin ImpervoBenjamin Moore Solid Color StainBenjamin Moore Studio FinishesBenjamin Moore Super CraftBenjamin Moore Super Spec (does not includeSuper Spec HP)Benjamin Moore Super Spec 100% AcrylicExterior FlatBenjamin Moore Super Spec 100% AcrylicExterior SatinBenjamin Moore Super Spec HP 220 Latex FlatFire Retardant CoatingBenjamin Moore Super Spec HP Alkyd MetalPrimerBenjamin Moore Super Spec HP Clear AcrylicSealerBenjamin Moore Super Spec HP DTM AcrylicGlossBenjamin Moore Super Spec HP DTM Acrylic LowLustreBenjamin Moore Super Spec HP DTM AcrylicSemi-GlossBenjamin Moore Super Spec HP DTM Alkyd GlossEnamelBenjamin Moore Super Spec HP DTM Alkyd LowLustreBenjamin Moore Super Spec HP DTM AlkydSemi-Gloss EnamelBenjamin Moore Super Spec HP Rust ConverterBenjamin Moore Super Spec HP Shop-Coat AlkydMetal PrimerBenjamin Moore Super Spec HP Universal MetalPrimerBenjamin Moore Super Spec HP Urethane AlkydGloss EnamelBenjamin Moore Super Spec Sweep UpBenjamin Moore Ultra SpecBenjamin Moore Vinyl Latex FlatBenjamin Moore Waterborne Ceiling PaintBenjamin Moore Waterborne Satin ImpervoBenjamin Moore Weatherproof Aluminum PaintBenMate Danish Tung Oil FinishBest Look®Betco EZ Gym Coat N SealBetco Marathane 350Betco OMU Sealer 350Betco TyGluBIN

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BIOCONTROL PRIME-N-SEALBlacknightBlankIt® Acrylic PrimerBlock FillerBlok-Tite™Blue Athletic Field MarkerBlue SealBMC IIBreak-ThroughBright LifeBruce Fresh FinishBuilder’s Spec® ProBuilders MasterpieceBuilders Solution Int.Bulls EyeBurnished Block SealerC&M CoatingsCabinet, Door& Trim PaintCabotCabot "The Finish"Cabot Australian Timber OilCabot CabothaneCabot Clear solutionsCabot OVTCabot Problem SolverCabot PROVTCadalacCalifornia (all products)CalPro 2000 (all products)CarquestCashmere InteriorCasual SpacesCEDARTONE WB PENETRATING STAINCeiling WhiteCertified Laboratories - QuroxCertified Laboratories - Seal Brite UltraChemsearch - ConquestChemsearch - Pro Seal UltraClark+Kensington PaintsClassic 99 IntClassic CoteClinical PaintsColor DecorColor EnhancerColor Enhancer WBColor Enhancer WB

Color ExtraColor Solutions®ColorAccents Interior AlkydColorplaceColorPlace®Composite Deck ProtectorConFlex XLContractor (all products)Controlz PrimersCool-TexCoolwallCoronado Acoustical Ceiling DyeCoronado Air CareCoronado Aqua PlasticCoronado Aqua Stop-ItCoronado BlocklustreCoronado Ceiling PaintCoronado CeramagardCoronado Cover-ItCoronado CrylicoteCoronado Crylicote GoldCoronado Dual SealCoronado ElastiteCoronado Exterior Clear Wood FinishCoronado Final FinishCoronado Final Finish WbCoronado Final TouchCoronado Grip & SealCoronado Lead BlockCoronado Liquid PlasticCoronado Marine Spar VarnishCoronado Optimum HideCoronado Penetrating Oil Wood StainCoronado Polyurethane 350 Voc ClearCoronado Premium Gold CollectionCoronado Quick SealCoronado Rust ScatCoronado Sanding Sealer (Gloss And Acrylic)Coronado Seal & FinishCoronado Seal-ItCoronado Step SaferCoronado Stick ItCoronado Stop-ItCoronado Super Kote 1000Coronado Super Kote 3000Coronado Super Kote 5000

Coronado SupremeCoronado TexcreteCoronado Texcrete WbCoronado Tough ShieldCoronado Tough TexCoronado Tough WallsCoronado Vivid AccentsCorotech Alkyd Urethane Gloss AluminumCorotech Electrostatic Enamel Semi-GlossCorotech Hammertone EnamelCorotech Organic Zinc Rich PrimerCorotech Pre-Cat Epoxy EggshellCorotech Pre-Cat Epoxy Semi-GlossCorotech Quick Dry Acrylic Spray DtmCorotech Quick Dry Alkyd PrimerCorotech Quick Dry Enamel GlossCorotech Quick Dry Enamel Semi-GlossCorotech Rust ArretorCorotech Shop Cote PrimerCorotech Silicone Alkyd Gloss EnamelCrackle Lacquer ClearCrystalFin Floor Finish: Gloss and SatinCrystalFin: Gloss , Semi-Gloss, Satin and MatteCustom Masonry SealerDaly's Deck StainDaly's Log OilDaly's Semi-Transparent Exterior StainDaly's Waterborne Deck StainDaly's Waterborne StainDaly's Wood StainDECKMASTER CLEAR SEALERDeckScapes ExtDeep SheenDesign AccentsDesign AccentsDesign Basics InteriorDesigner Drylok (all colors)Devoe FogDevoe PaintDevoe Paint All WeatherDevoe Paint Demo Color TesterDimensionsDirt Fighter ExteriorDirt Fighter InteriorDo it BestDo-It Best Waterproofer

PAGE 2 OF 9


Do-It-BestDrylok Concrete Floor Paint (all colors)Drylok Concrete ProtectorDrylok E1 Floor Paint (all colors)Drylok ExtremeDrylok Latex Base Masonry Waterproofer (allcolors)Drylok Natural Look SealerDrylok Oil Base Masonry Waterproofer (all colors)Drylok Water Based 5% SiliconeDrylok Wet Look SealerDuckback - All Purpose WaterprooferDuckback - Composite Deck SealerDuckback - Premium Translucent FinishDuPont™ Granite & Marble Countertop SealerDuPont™ High Gloss Sealer & FinishDuPont™ Paver Armor Pro™ Premium High GlossColor Enriching SealerDuPont™ Paver Armor Pro™ Premium No GlossColor Enriching SealerDuPont™ Paver Armor Pro™ PremiumPenetrating Natural Look SealerDuPont™ Paver Armor Pro™ Premium SaltRepelling Natural Look SealerDuPont™ Paver Armor Pro™ Premium Semi GlossColor Enriching SealerDuPont™ Paver Armor Pro™ PremiumWaterproofing Natural Look SealerDuPont™ Premium Stone SealerDuPont™ Premium Stone Sealer & EnhancerDuPont™ Saltillo Tile Sealer & FinishDuPont™ Semi Gloss Sealer & FinishDuPont™ Stone SealerDuPont™ Stone Sealer & EnhancerDuPont™ StoneTech® Professional EnhancerDuPont™ StoneTech® Professional EnhancerPro™ SealerDuPont™ StoneTech® Professional Grout ReleaseDuPont™ StoneTech® Professional Heavy DutyExterior SealerDuPont™ StoneTech® Professional Heavy DutySealerDuPont™ StoneTech® Professional High GlossFinishing SealerDuPont™ StoneTech® Professional High GlossLacquerDuPont™ StoneTech® Professional ImpregnatorPro® Sealer

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Farrow & Ball Masonry &Plaster StabilisingPrimerFarrow & Ball Masonry PaintFarrow & Ball Metal Primer & UndercoatFarrow & Ball Modern EmulsionFarrow & Ball Wall Ceiling Primer & UndercoatFarrow & Ball Wood Floor Primer &UndercoatFarrow & Ball Wood Knot & Resin Blocking PrimerFaux Impressions®Field Marking PaintsFixall (all products)FLEX BONFlood CWFFlood EB Emulsa BondFlood FloetrolFlood PenetrolFlood Spa-N-DeckFlood SWFFlood TWFFloor & Porch (Acrylic & WB Alkyd -New Tech.)Floor-A-Thane (all products)Fluorescent Orange Field MarkerForrest PaintFranklin Paint - HalftimeFranklin Paint - Winning StreakFred MyersFrench LacFres-coat (all products)Fresh KoteGalvanized & Aluminum PrimerGem ClearGem CoatGem CrylGem DyeGem GloGem PrimeGem ProGem PurGem ToneGem VarGeminiGemini CoatingsGemini Tone StainGemTone StainGlidden

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Glidden CeilingGlidden Ceiling Paint EZ TrackGlidden ColorGlidden ColorplaceGlidden Cover PlusGlidden DuoGlidden HomeshadesGlidden Porch & FloorGlidden Porch & FloorGlidden Prime CoatGlidden ProfessionalGlidden Professional AlkydGlidden Professional Concrete CoatingsGlidden Professional DryfallGlidden Professional PrimersGlidden Professional PromasterGlidden Professional Roof CoatingsGlidden Professional Textured CoatingsGlidden Proffesional GripperGlidden PromasterGlidden SpredGlidden Spred CompleteGlidden Stucco & MasonryGlitsa Gold Seal™ FinishGlitsa Gold Seal™ Lite Scent™ FinishGlitsa Gold Seal™ Stains (various colors)Glitsa High Performance Waterborne FinishGlitsa Infinity II LVOC™ FinishGlitsa Quality Seal™ SealerGlitsa Wood Flour Cement™GlitsaMax™ FinishGlitza TruSealGloss 'N GuardGloss 'N Guard WBGlosThane FinishGlyptexTM WB Alkyd (New Tech.)Grass Green Athletic MarkerGrayseal (all products)Grid-Stripe (all products)Grip Coat (all products)Ground Face Block Enhancer WBGuard EXTGuardian Contractor GradeGuardian Professional QualityH&CH40

HammeriteHarmonyHD® DESIGNSHeavy Bodied Glazing Stain (Various colors)Hemp ShieldHenryHenry RTC CoatHenry/BakorHGTV HomeHi-Hide®HomaxHome Armor- Waterproofing Sealer -MultiSurfaceHome Armor- Waterproofing Sealer -Waterproofer (all colors)Home Armor- Waterproofing Sealer -Waterproofer EnduranceHomesteadHomeVantageTM PlusHydroshurImpressionsInfinity®Insl-X Aqua LockInsl-X Aqua LockInsl-X BravoInsl-X Cabinet CoatInsl-X Cabinet Coat™Insl-X Check Rust™Insl-X Chlorinated Rubber Pool PaintInsl-X Clear Through Acrylic PolyurethaneInsl-X Concrete Stain Waterproofing SelaerInsl-X Hot Trax™ Acrylic Garage Floor PaintInsl-X Insl-Cap™ Lead Encapsulating CompoundInsl-X Multi-Surface Utility EnamelInsl-X NaturescapesInsl-X Odor LessInsl-X One PrepInsl-X One PrepInsl-X Ordorless Alkyd PrimerInsl-X Prep-A-WallInsl-X Prime LockInsl-X Prime LockInsl-X Pro-LineInsl-X Pro-Plate Enamel - Rust PreventativeCoatingInsl-X Rubber Based Pool Paint

Insl-X Rubber Based Pool PaintInsl-X Rust ArrestorInsl-X Seal LockInsl-X Seal LockInsl-X Silathane Ii Interior-Exterior AcrylicInsl-X Silathane Interior-Exterior AlkydInsl-X StixInsl-X StixInsl-X Sure StepInsl-X Sure Step™Insl-X Tru-FlexInsl-X TuffcreteInsl-X WaterblockInsl-X WaterblockInsl-X Waterborne Pool PaintInsl-X Waterborne Pool PaintKilzKilz Casual ColorsKilz Color PlaceKilz Pro-XKilz True ToneKitchen & Bath (all products)Kool SealKrylonKrylon CommericialLacrylicLaura AshleyLauzon wood Clear FinishLauzon wood stainLifeline AccentsLifeline AcrylicLifeline AdvanceLifeline EndureLifeLine ExteriorLifeline InteriorLifeline Ultra-2Lifeline Ultra-7Lifemaster OilLimestone & Marble ProtectorLocal Color Recycled Latex PaintLok-TiteLong End SealLoxonLuciteLullaby PaintsLuxury Living

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MagicMaintenance OneMaintenance ProMajic Aluminum Ristkill EnamelMajic Diamondhard Acrylic EnamelMajic Flat White Easy Spread Interior LatexMajic Gloss Black Rustkill EnamelMajic Gloss Diamondhard Acrylic Enamel(various colors)Majic Gloss Midtone TB #2 Diamondhard AcrylicEnamelMajic Gloss Neutral TB #4 Diamondhard AcrylicEnamelMajic Gloss White Rustkill EnamelMajic Gray Primer Rustkill EnamelMajic Grey Primer Diamondhard Acrylic EnamelMajic Interior Exterior Oil Base Floor Paint(various colors)Majic Red Oxide Primer Diamondhard AcrylicEnamelMajic Red Oxide Rustkill EnamelMajic Rustkill Enamel (various colors)Majic Satin Deep TB #3 Diamondhard AcrylicEnamelMajic Satin Diamondhard Acrylic Enamel (variouscolors)Majic Satin Midton TB #2 Diamondhard AcrylicEnamelMajic White LIfestyle Exterior Latex PrimerMajic White Primer Professional Exterior LatexHouse PaintManor Hall®Manor Hall® ExteriorManor Hall® Timeless®Manor Hall® Timeless® ExteriorManor Hall® WB Alkyd (New Tech.)Mantek - Crystolin PlusMartha Stewart LivingMartin Senour PaintsMarvinsMason's Select - Concrete Clear SealersMason's Select - Epoxacryl Solid Color ConcreteStainMason's Select - Transparent Concrete StainMaster Gel® Finish ClearMaster PaintersMaster TouchMaster’s Magic

MasterchemMasterlineMaxbond®Maxflex™MAXLIFEMaxumMaxumMaxwood®MBP FlatMcCloskeyMcCloskey Man-O-WarMcCloskey Multi-UseMcCloskey Special EffectsMcCloskey StainsMcCoy'sMessmer's Composite Deck FinishMessmer's Decking StainMetallic FinishesMinwaxMirrolac Devoe EPCMirrolac Speed Devoe EPCModacMothers Touch PaintMulti-Mist Products - Pro Seal UltraMulti-Mist Products - QuroxMulti-ProTMMultiplexMultispecMythic PaintNatural Stone TreatmentNatural Stone Treatment WBNextech (all products)Novus (all products)Odds N EndsOKONOld Town Clear FinishOld Town Paints Chalk Style FinishOlympic 15 YearOlympic Clear Wood PreservativeOlympic Deck Fence and Siding Stain & PrimerOlympic FasthideOlympic ICONOlympic MaximumOlympic Oil StainOlympic OneOlympic Premium Acrylic

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Portersept®PPI™ Waterborne FinishPratt & Lambert®Pre-Stain Clear Wood StainPreference (all products)PreludePremierPremiumPremium Ceiling WhitePremium DecorPrepRitePrestigePrimatitePrime Choice (all products)Prime Touch (all products)PRIME-N-SEALPrimz220Pro FinishesPro FlatPro GradePro KotePro MaintenancePro Paint (all products)Pro ShopperPro Siding PlusTMPro SupremeTMPro VarPro-Hide® GoldPro-Hide® GreenPro-Hide® SilverPro-MasterTM 2000 Latex (Including Primer)Proceed Decorative PaintsProClassicProfessional CoatingsProfessional FinishesProfin:Gloss and SatinProGreen 200Progress (all products)ProLine SupremeProMar 200ProMar 400ProMar 700Property SolutionProVantageTM SundriesPure Performance®Qualalacq™ Lacquer Gloss

Qualalacq™ Lacquer ReducerQualalacq™ Lacquer SatinQualalacq™ Sanding SealerQualarenu™ #1Qualasole™Quick Dry Zar Sanding Sealer (Gloss/Satin)Quik HideQuikreteQuikrete Concrete & Masonry High Gloss SealerQuikrete Concrete & Masonry Waterproofing SealerQuikrete Masonry WaterprooferQuikrete Penetrating Concrete StainQuikrete Textured Acrylic ConcreteQuikrete Transluscent Concrete StainRADCON (VARIOUS COLORS)RainstopperRalph Lauren PaintsReady to Spray Athletic WhiteRed Athletic Field MarkerRed DevilRedSeal®RedSeal® Zero VOCRefreshResilienceRestore-XRich LuxRichard's PaintRichard's Paint BarricadeRichard's Paint BondcreteRichard's Paint Deck GuardRichard's Paint Driveway and Floor CoatingRichard's Paint EternityRichard's Paint Floor-TiteRichard's Paint H2O FusionRichard's Paint Painter's PrideRichard's Paint PaversealRichard's Paint PlioliteRichard's Paint PPSRichard's Paint Rich Air Zero VOCRichard's Paint Rich ClassicRichard's Paint Rich FlexRichard's Paint Rich ProRichard's Paint Rich ShieldRichard's Paint Rich TexRichard's Paint Rich Wall

Richard's Paint RichwoodRichard's Paint Roof ShieldRichard's Paint Rust SheildRichard's Paint Shields AllRichard's Paint Signature CeramicRichard's Paint Signature SeriesRichard's Paint Signature Series PlusRichard's Paint Traffic PaintRichard's Paint Wall GuardRoofers ChoiceRPM Water Based Grain Filler (various colors)RPM Wood Waterborne Urethane Finish SatinRPM Wood -15 Minute Wood Stain (various colors)RPM Wood -Polyurethane SatinRPM Wood -Teak OilRPM Wood- Vinyl SealerRPM Wood-8x Wipe On Water Base UrethaneSatinRudd Acryl Fin™ FinishRudd Aerodry™ (various colors)Rudd Basetoner™ (various colors)Rudd Catalast™ Lacquer (various colors)Rudd Chromacat™ Lacquer (various colors)Rudd Chromawipe NVO™ Wiping Stain (variouscolors)Rudd Chromawipe™ Wiping Stain (various colors)Rudd Colorplex™ Lacquer (various colors)Rudd Colorplex™ Undercoaters (various colors)Rudd Colortools™ Base Toner Dye Stain (variouscolors)Rudd Colortools™ Colorants (various colors)Rudd Colortools™ Colorants (various colors)Rudd Colortools™ Dye Concentrates (variouscolors)Rudd Colortools™ LH Spray Stain (various colors)Rudd Colortools™ Wiping Stain (various colors)Rudd Duracat-V 550 VOC LacquerRudd Duracat-V 550 VOC SealerRudd Duracat-V Plus™ LacquerRudd Duracat-V™ Lacquer (various colors)Rudd Duracat-V™ Sealer (various colors)Rudd Durafill™ Wood FillerRudd Duralac™ Lacquers (various colors)Rudd Excelite™ Lacquer (various colors)Rudd Fastwipe™ Wiping Stain (various colors)

PAGE 6 OF 9


Rudd Glaze StainRudd Hi-build™ Fast Dry FinishRudd Hycryl™ Waterborne FinishRudd Hycryl™ Waterborne SealerRudd Hyplex™ Lacquer (various colors)Rudd ISC™ Stains (various colors)Rudd ISS LH™ Spray Stains (various colors)Rudd ISS™ Spray Stains (various colors)Rudd IWS™ Wiping Stains (various colors)Rudd Natuseal™ Stains (various colors)Rudd Nu-wave™ Lacquer (various colors)Rudd Nu-wave™ Sealers (various colors)Rudd Nu-wave™ Stains (various colors)Rudd Nulustre™ LacquerRudd On-site™ LacquerRudd Plastiprime™ (various colors)Rudd Primer Undercoater (various colors)Rudd Prism™ Waterborne Stains (various colors)Rudd Pro-Hibuild™ LacquerRudd Pro-Hibuild™ SealerRudd Pro-Hibuild™ Undercoater (various colors)Rudd Problend 350 VOC™ Spray/Wiping Stains(various colors)Rudd Problend TC™ Spray/Wiping Stains (variouscolors)Rudd Problend™ Spray/Wiping Stains (variouscolors)Rudd Prothane™Rudd Pro™ LacquerRudd Pro™ SealerRudd Quickstack™ (various colors)Rudd Terraset™ Stain Concentrates (variouscolors)Rust OleumRust-O-LasticRust-Stop (all products)Sacrificial Coating SC-1SafeChoiceSafecoatSafecoat NaturalsSaltguardSaltguard® WBSaman hybrid based varnishSaman hybrid stainSaman water based stainSaman water based varnish

Sand Joint StabilizerSansin Boracol 20-2Sansin ClassicSansin DECSansin ENSSansin Foundation RTUSansin MDF PrimerSansin Precision CoatSansin Purity InteriorSansin Roof TecSansin SDFSansin Timber TecSatin Thane FinishSea ShoreSeaFin AquaSpar Gloss and SatinSeaFin Filler/StainSeaFin Ship n'Shore SealerSeaFin Super Spar VarnishSeaFin Teak OilSeal Grip® Primers (Acrylic &Oil)SearsSevere Weather Contractor FinishShading/Glazing Stain (various colors)Sher-CreteSherStripeSignature SelectSikkens CetolSikkens RubbolSilken Touch®Silken Touch® Ceiling WhiteSILOX SEAL "A" SIDESiloxane PDSiloxane WB ConcentrateSimply GlazeSingleStepSK Ground Face Block Enhancer WBSkd Grip (all products)SkimStone® Protective SealerSkimStone® Select FinishSkylight®SL100 Water RepellentSL40SLX100 Water & Oil RepellentSLX100 Water & Oil Repellent <350Snow RoofSolar-Lux™ Stain (various colors)

Solar-Lux™ Waterborne Dye Stain (various colors)Solar-Lux™ Waterborne Glaze (various colors)Solar-Lux™ Waterborne Wiping Stains (variouscolors)Solo 100% AcrylicSpar Restoration VarnishSpeed CoteSpeed CrylSpeedcoteSpeedhide®Speedhide® Latex Block FillerSpeedhide® MaxBuildTMSpeedhide® WB Alkyd (New Tech.)SpeedLine LacquersSpeedpro®SpeedwallStain BarrierStainless Steel CoatingStainmasterSTAINShield®Start RightSto Hot PrimeSto Primer CreativSto Primer SandSto Primer SmoothStoCoat AcrylStoCoat Acryl PlusStoCoat ColorStoCoat Color SandStoCoat DTM AcrylicStoCoat DTM Metal-PrimerStoCoat LotusanStoCoat Lotusan Low VOCStoCoat MetallicStoCoat Texture CoarseStoCoat Texture FineStoCoat Texture MediumStolastic SandStolastic SmoothStone & Masonry ConditionerStone Care InternationalStone MasonStone, Tile & Masonry Protector (STMP)Stonite (all products)Stop Rust

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Storm ShieldStorm Systems (all products)StoSilco LasticStoTiqueStucco, Masonry & Brick PaintSun Proof® PaintSun Proof® StainsSunnyside WaterprooferSunnyside Wood ProtectantSuper Scrub (all products)SuperBondSuperdeck - Clear Wood FinishSuperdeck - Deck & Dock ElastomericSuperdeck - Exotic Hardwood StainSuperdeck - Log Home Oil FinishSuperdeck - Pressure Treated StainSuperdeck - Semi Transparent StainSuperdeck - Solid Color StainSuperdeck - Transparent StainSuperdeck - Waterborne StainSuperPaintSure ShineSurmaxSutherland Welles Ltd. Marine Spar VarnishSutherland Welles Ltd. Murdoch's Line 500 FloorFinishSutherland Welles Ltd. Murdoch's Line Hard OilSutherland Welles Ltd. Murdoch's Line HardSealerSutherland Welles Ltd. Murdoch's Line Table TopSutherland Welles Ltd. Wiping Varnish (Sealer,Low, Medium, High Lustre)

Temproof 1200 Stove paintTerminator™Tex CoteThe Freshaire ChoiceThompsonsTile GuardTileLab Gloss Sealer & FinishTileLab Matte Sealer & FinishTileLab Sealer/Cleaner/Resealer Combo PackTileLab Stone EnhancerTileLab SurfaceGardTimberflexTimberflex II

Timberflex ProTitanium SeriesTop ChoiceTotal Wood PreservativeTotal-ProTMTru SealTuf-On (all products)Twist & TryTwo Minute Repair LiquidTWPTWP MILDEW SEALERUGL Pro Finish (all Gloss Levels)Ultra Color Devoe PaintUltra DeluxeUltra GuardUltra Zar Plus (Gloss/Satin)Ultra-FillUltraCreteUptraplate (all products)URA-FLOOR GLOSS WB URETHANEUV PlusUV Plus for HardwoodsValsparValspar Anti-RustValspar Climate ZoneValspar Color StyleValspar DecoratorValspar DuramaxValspar ElanValspar IntegrityValspar MedallionValspar Medallion PrimersValspar Prep-Step PrimersValspar Pro 2000 Interior Contractor FinishValspar ProfessionalValspar Professional Bonding PrimerValspar Professional ExteriorValspar Professional Exterior PrimerValspar Professional InteriorValspar Professional New Construction PrimerValspar Professional PVA PrimerValspar Restoration SeriesValspar Signature ColorsValspar Tractor & ImplementValspar Ultra PremiumValspar Weathercoat

ValueVanex (brands are included in PPG Brands)VarathaneVelour Devoe PaintVinyl FlatTMWall SupremeTMWallHide®WalmartWatcoWaterlox 350 VOC Satin FinishWaterlox 350 VOC Sealer/FinishWaterlox 450 VOC Satin FinishWaterlox Original High Gloss FinishWaterlox Original Satin FinishWaterlox Original Sealer/FinishWaterlox XL88 Gloss UrethaneWaterlox XL89 Satin UrethaneWear-All (all products)Weather AllWeather Seal GP Water RepellentWeatherkingWeatherking PrimerWeatherplate (all products)WeathershieldWFSWhite Athletic Field MarkerWhite Pickling StainWipe on Zar (Semi Gloss/Satin)WithSTAND®WolmanWonder GuardWood ClassicsWood Finishers SupplyWood ShieldWoodScapesWoodsmanWoodturners FinishWS SL40 < 400X-O RustXL70Yellow Athletic Field MarkerZAP PrimersZar Ultra Exterior Polyurethane (all gloss Levels)Zar Classic (all Gloss Levels)Zar Clear Wood SealerZar Clear Wood Sealer Toner Base

PAGE 8 OF 9


Zar Deck&Siding Stains Solid and Semi-Transparent (all colors)Zar Exterior Polyurethane (Gloss/Satin)Zar Exterior Water Base Polyurethane (Gloss/Satin)Zar Interior Polyurethane (all Gloss Levels)Zar Ultra Interior Polyurethane (all Gloss Levels)Zar Ultra Max OMU (all gloss Levels)Zar Ultra Max RejuvenatorZar Ultra Max Sanding SealerZar Ultra Max Wipe OnZar Ultra Max Wood Stains (all colors)Zar Wood Stains (all colors)ZehrungZinsserZone Marking PaintsZoneLineTM Zone Marking PaintZoneMarkTM Athletic Field Marking Paint

PAGE 9 OF 9

Appendix C

IDENTIFYING ARCHITECTURAL PAINT PRODUCTS UNDER PAINTCARE

For Manufacturers and Collection Sites Architectural paint is defined under the Paint Stewardship Program as:

Interior and exterior architectural coatings sold in containers of five gallons or less.

Architectural paint does not include: Industrial maintenance (IM), original equipment manufacturer (OEM) or specialty coatings.

In order to distinguish between what is an architectural coating under the Paintcare program, definitions and terminology from the U.S. Environmental Protection Agency, California Air Resources Board and other state and local Architectural and Industrial Maintenance (AIM) rules were used to develop the following list. The decision table page 2 uses the definitions on page 3.

Program Products (maximum container size of 5 gallons): 1. Water-based paint (Interior and exterior): latex, acrylic

2. Oil-Based paint (Interior and exterior): alkyd, enamel 3. Clear Coatings: Shellac, Lacquer, Varnish, Urethane 4. Deck coatings and floor paints (including elastomeric) 5. Field and lawn marking coatings 6. Melamine/metal coatings and rust preventative 7. Primers, sealers and undercoaters 8. Sealers 9. Stains 10. Water repellents (not-tar-based or bitumen-based) 11. Waterproofing sealers for concrete, masonry, and wood

Non-Program Products (regardless of container size): 1. Empty, leaking or unlabeled containers 2. Industrial Maintenance (IM) coatings labeled as:

(a) For industrial use, (b) Professional use, or (c) Not for residential use 3. Original Equipment Manufacturer (OEM) (shop application) paints and finishes 4. Aerosol paint (spray cans) 5. Automotive paints 6. Marine paints 7. Arts and Craft paints 8. Caulking compounds, epoxies, glues or adhesives 9. Drywall / joint compounds 10. Semi-solid products: spackle, patching compounds for roofing, stucco, wood, etc. 11. Paint additives, colorants and tints 12. Resins 13. Paint thinners, solvents, mineral spirit 14. Wood preservatives continaing pesticides 15. Tar, asphalt or bitumen based products 16. Two-component coatings (epoxy) 17. Deck cleaners 18. Other non-coating products (motor oil, pesticides, cleaning solutions)

Decision Table for Identifying Architectural Paint Products for Manufacturers and Collection Sites

1. Is it a coating? If YES, go to 2.

If NO, it is not in the program. These non-coatings are excluded: Paint thinner Solvents Wood preservatives Mineral spirits Wood treatment oils Deck cleaners Drywall compounds Epoxies, glues Roof patch, stucco patch Wood patch Caulking compounds Adhesives

Manufacturers: Non-coatings are not assessed Collection Sites: Non-coatings are not acceptable.

2. Is it an architectural coating? If YES, go to 3.

If NO, it is not in the program. These non-architectural paints are excluded: Auto paint Marine paint Aerosols

Manufacturers: Coatings that are not architectural are not assessed a fee. Collection Sites: Coatings that are not architectural are not acceptable.

3. Is it an industrial maintenance (IM) coating? If NO, go to step 4

If YES, then it is not in the program. Products with these labels are excluded: Professional use only Not for residential use For industrial use only

Manufacturers: IM coatings are not assessed. Collection Sites: IM coatings are not acceptable.

4. Is it for Original Equipment Manufacturing (OEM)? If NO, go to step 5

If YES, then it is not in the program. Manufacturers: If a company can clearly document that the coating was sold exclusively for OEM use, the fee should not be assessed. However, if this coating can be sold to a consumer or contractor for other than shop application and/or the use cannot be distinguished via the method of sale, the fee should be assessed.

Collection Sites: A collection site may not always be able to distinguish these products from non-OEM products. This determination will be made by asking the business customer what the intended use of the paint was. If the intention was shop application, it is not a program product. However, if the coating was sold to a consumer or contractor for other than shop application and/or the use cannot be distinguished via the method of sale, it may be accepted as a program product.

5. Is it a specialty coating or specifically excluded? If NO, then it is in the program

If YES, then it is not in the program. These are excluded: Products in containers larger than 5 gallons Aerosol (spray) cans Craft paints Two component coatings (epoxy) Tar, asphalt, bitumen-based coatings Resins Paint tints, colorants, additives Wood preservatives containing pesticides

Manufacturers: Excluded products are not assessed a fee Collection Sites: Excluded products are not acceptable at collection sites.

DEFINITIONS

I. Architectural Coatings Architectural coating means a coating recommended for application to stationary structures and their appurtenances, portable buildings, pavements, curbs, fields and lawns. This definition excludes adhesives, aerosols and coatings recommended by the manufacturer or importer solely for shop applications or solely for application to non-stationary structures, such as airplanes, ships, boats, and railcars.

II. Industrial Maintenance Coatings Industrial Maintenance (IM) coating means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats formulated and recommended for application to substrates exposed to one or more of the following extreme environmental conditions in an industrial, commercial, or institutional setting:

1. Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposure of interior surfaces to moisture condensation;

2. Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

3. Repeated exposure to temperatures above 120 °C (250 °F);

4. Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or

5. Exterior exposure of metal structures and structural components.

One of the primary ways AIM rules distinguish IM coatings from other architectural coatings is the manufacturer’s recommendation for restricted usage. IM coatings must be labeled under the rules as:

1. ‘‘For industrial use only.’’ 2. ‘‘For professional use only.’’ 3. ‘‘Not for residential use’’ or ‘‘Not intended

for residential use.”

Thus, if the product is not intended for and not labeled as an IM coating, it should be deemed a

covered architectural coating and the fee should be assessed, unless it is specifically excluded (see below).

III. Original Equipment Manufacturer (OEM) Coatings Shop application means that a coating is applied to a product or a component of a product in a factory, shop, or other structure as part of a manufacturing, production, finishing or repairing process (e.g., original equipment manufacturing coatings). Since OEM (shop application) coatings may be intended but not labeled for industrial or professional use, and may be sold in containers of 5 gallons or less, then…

For manufacturers: …if a company can clearly document that the coating was sold exclusively for OEM use, the fee should not be assessed. However, if this coating can be sold to a consumer or contractor for other than shop application and/or the use cannot be distinguished via the method of sale, the fee should be assessed.

For collection sites: …a collection site may not always be able to distinguish these products from non-OEM products. This determination will be made by asking the business customer what the intended use of the paint was. If the intention was shop application, it is not a program product. However, if the coating was sold to a consumer or contractor for other than shop application and/or the use cannot be distinguished via the method of sale, it may be accepted as a program product.

IV. Specialty Coatings Lastly, in order to identify Specialty or Special Purpose Coatings, we have used the definition from the Federated Society of Coating Technology’s Coatings Encyclopedic (since AIM rules don’t have a definition), which states that these coatings include aerosols, crafts paints.

Drywall Primer-Surfacers Page 1 of 2

PaintCare Product Notice #1

Drywall Primer-Surfacers

June 2012

Purpose

The purpose of this notice is to clarify that “Drywall Primer-Surfacers” are included in the

PaintCare Program. As part of the Program, manufacturers of these products must register with

PaintCare and collect and remit the Assessment (“PaintCare Recovery Fee”) as with other

architectural paints in states with active Paint Stewardship programs (Oregon is currently

active, California is anticipated to start in Fall 2012, Connecticut is anticipated to start in 2013).

Background

In order to assist companies with determining what coatings were architectural coatings subject

to the PaintCare Recovery Fee for the Oregon program and what coatings were not, PaintCare

developed a factsheet detailing what factors should be taken into consideration when making

these determinations. In addition, the factsheet listed examples of program products and

examples of non-program products (products that should not be assessed the fee). PaintCare,

however, relies on individual manufacturers to determine what products are part of the

program and what products are not, depending on their specific product lines. In some cases,

PaintCare helps with this determination based on individual calls with manufacturers. In the

case of Drywall Primer-Surfacers, based on these calls, it has come to our attention that some

manufacturers were assessing the fee believing they were program products and some were

not assessing the fee believing that they were non-program products. It appears that confusion

arose when trying to distinguish drywall primer from drywall compound.

In order to ensure that all manufacturers are on a level playing field and the PaintCare Recovery

Fee is indeed placed on all program products subject to the assessment, PaintCare herein

clarifies that Drywall Primer-Surfacer is considered a program product and the PaintCare

Recovery Fee must be assessed and remitted by all manufacturers of Drywall Primer-Surfacers.

The reason for including this category under the architectural coatings that are subject to the

program is as follows:

The Drywall Primer-Surfacer products are primers. Primers are considered architectural coatings.

MSDS sheets, either in their title and or elsewhere in the product description, for these products indicate that they are paint or primers.

MSDS sheets indicate that they contain some type of binder or resin.

Drywall Primer-Surfacers Page 2 of 2

Marketing information published by manufacturers for their own products indicate that they are vapor barriers or coatings.

Information published by manufacturers for their own products indicate that they are vinyl, acrylic, and/or latex-based.

Competitors have reported that they make and sell equivalent products that are not excluded by PaintCare.

Consumers with leftover/unwanted Drywall Primer-Surfacers may bring them to a PaintCare collection site for proper recycling/disposal.

Action

Starting August 1, 2012, manufacturers of “Drywall Primer-Surfacers” need to ensure that these

products are registered with PaintCare and add the PaintCare Recovery Fee to the wholesale

price of these products to all distributors and retailers. Manufacturers are not required to pay

the fee on past sales because the fees were not charged to distributors, retailers, or consumers.

More Information For more information about the PaintCare Program and the responsibilities of manufacturers,

please visit PaintCare.org or contact:

Paul Fresina, State Programs Director [email protected] (415) 606-3211 Marjaneh Zarrehparvar, Executive Director [email protected] (855) 724-6809 PaintCare® Inc. 1500 Rhode Island Avenue NW Washington, DC 20005 www.paintcare.org

mailto:[email protected]


Masonry and Concrete Sealers labeled “For Professional Use Only” - Page 1 of 2

PaintCare Product Notice #3 January 2013

Masonry and Concrete Sealers labeled “For Professional Use Only”

Purpose The purpose of this notice is to clarify that masonry and concrete sealers that are labeled “for

professional use” are excluded from the PaintCare Program. Manufacturers of these products are not

required to register with PaintCare and they are not required to collect and remit the Assessment

(“PaintCare Recovery Fee”) in California or Oregon, the two states with active Paint Stewardship

programs implemented by PaintCare.

Background In order to assist companies with determining what products are architectural coatings subject to the

PaintCare Recovery Fee for the Oregon and California programs and what products are not, PaintCare

developed a definition of architectural paint detailing what factors should be taken into consideration

when making these determinations. In addition, the definition lists examples of program products and

examples of non-program products (products that should not be assessed the fee). PaintCare relies on

individual manufacturers to determine which, if any, of their products are part of the program. In some

cases, PaintCare helps with this determination based on individual calls with manufacturers. In the case

of products used as sealers for masonry and concrete — and based on inquiries from many industry

representatives and manufacturers of these products — it has come to our attention that manufacturers

of these sealers desire clarification on whether their products are considered architectural coatings for

the purposes of active and future state PaintCare programs.

In order to ensure that all manufacturers are on a level playing field and the PaintCare Recovery Fee is

placed on all program products subject to the assessment, PaintCare herein clarifies that masonry and

concrete sealers labeled for professional use are not considered program products and the PaintCare

Recovery Fee is not required to be assessed and remitted by manufacturers of these products. Excluding

these products from the definition of architectural coatings is based on the following:

Originally PaintCare’s definition excluded products that are both (1) Industrial Maintenance Coatings and (2) labeled “for professional use only.” [Other acceptable phrases are (a) for industrial use only, (b) not for residential use, and (c) not intended for residential use].

The definition of an IM coating varies somewhat from one state to another and from one regulatory air district to another. Generally, determining if a coating meets the criteria for IM is

Masonry and Concrete Sealers labeled “For Professional Use Only” - Page 2 of 2

based on the manufacturers recommended use for the product and whether it meets any one of certain criteria (simply put these criteria are: regular exposure to heat, chemicals, moisture, or abrasion). Masonry sealers are intended to act as waterproofing agents and are applied where water exposure is anticipated. Thus as a category they can generally be considered by manufacturers to be IM coatings and therefore meet the first criteria.

Some manufacturers label these products for professional use. Others do not label them for professional use. There is no prohibition on a manufacturer from labeling a product for professional use. Therefore if a manufacturer chooses to change the product label on a product that they consider IM in order to also comply with the second criteria above (in the first bullet), they may do so in order have these products excluded from the PaintCare Program. The manufacturer may change their regular container label or use an additional sticker.

If PaintCare finds that manufacturers start to change their labels on other products that are clearly not for professional use or industrial maintenance coatings (e.g. house paint), the professional use labeling will not exclude such products.

An important purpose of the paint stewardship programs is to collect and recycle unused paint, stains, and coatings that are normally managed through government-sponsored household hazardous waste (HHW) programs. Sealers for masonry and concrete are not known to be a problem at HHW programs.

Conclusion Concrete and masonry sealers that are IM coatings and labeled for professional use using one of the

phrases indicated above are categorically exempt from PaintCare.

More Information For more information about the PaintCare Program and the responsibilities of manufacturers, please visit PaintCare.org or contact: Paul Fresina Senior Director of Communication and Operations [email protected] (415) 606-3211 Marjaneh Zarrehparvar Executive Director [email protected] (202) 462-8549 PaintCare Inc. 1500 Rhode Island Avenue NW Washington, DC 20005 [email protected] (855) 724-6809 www.paintcare.org




http://www.paintcare.org/

Appendix D

PAINTCARE INC.1500 RHODE ISLAND AVENUE N.W.

WASHINGTON, DC 20005

PaintCare® Fact SheetFor HHW Programs

Vermont Paint Stewardship Program

Information for HHW Programs

MORE INFORMATION:(855) 724-6809 or (855) PAINT09www.paintcare.org or [email protected]

Vermont’s paint stewardship law benefits Household Hazardous Waste Programs.

A law passed in June 2013 requires paint manufacturers to establish a Paint Stewardship Program in Vermont. Municipal Household Hazardous Waste Programs that participate can save money on paint management costs.Program funding comes from an “PaintCare Recovery Fee” on the sale of architectural paint sold in Vermont starting when the program begins in the spring 2014.

Paint Stewardship Program in VermontPaintCare Inc. is a non-profit 501(c)(3) organization established by the American Coatings Association to implement state-mandated paint stewardship programs on behalf of paint manufacturers in each state that adopts a paint stewardship law.

Vermont is the sixth state to pass such a law. Although this program is required by state law, it is designed and operated by the paint manufacturing industry. PaintCare currently operates programs in Oregon, California and Connecticut, and programs are being planned for Ver-mont, Rhode Island, Minnesota and Maine.

When Does the Program Begin?The Program must begin on or before July 1, 2014; PaintCareaims to begin the program on May 1, 2014. A detailed Stew-ardship Plan must be submitted by PaintCare, on behalf ofpaint manufacturers, to the Vermont Department of NaturalResources on December 1, 2013. The Department mustapprove the Plan for the Program to begin.

Making Paint Recycling More ConvenientPaintCare will establish drop-off sites statewide for resi-dents and businesses to take leftover architectural paint.

Although most drop-off sites will be at paint retailers, municipal household hazardous waste (HHW) programs and waste transfer stations may also volunteer to be PaintCare drop-off sites and have their paint transportation and recycling/disposal costs paid by PaintCare.

Benefits to HHW Programs • Make recycling of leftover paint more convenient • Save on transportation and recycling/disposal • Conserve resources and keep paint out of the solid waste stream • Allow residents to bring paint with other HHW in one trip to one site

PaintCare Partners Receive • Collection bins • Transportation and recycling/disposal services • Staff training at your site • Program guidelines • Free publicity of HHW site or event (optional)

Drop-off Site Responsibilities • Provide secure storage area for collection bins (cubic yard boxes or drums)

• Accept program products from the public during normal operating hours

• Properly pack program products in collection bins

• Assist with loading and unloading of full and empty storage bins

• Complete minimal paperwork related to tracking outgoing paint shipments

• Ensure staff are trained in PaintCare program guidelines and operating procedures

Will PaintCare Require Operational Changes? • If your program does not currently accept latex paint, PaintCare will not require you to do so. If you wish to start accepting latex paint, PaintCare will cover the transportation and disposal costs. • If your program does not currently accept paint from businesses, PaintCare will not require you to do so. If you wish to start accepting paint from businesses, PaintCare will cover the transportation and disposal costs. • PaintCare may choose to only contract with one transporter to pick up paint from all PaintCare sites in the state, whether retail or HHW. If your current hazardous waste transporter is not the same company, a second hauler may transport paint from your event or facility.

Water-Based (Latex) Paint is a ResourceAn important goal of the PaintCare Program is to conserve resources and increase the volume of paint that is recycled. Not all HHW programs accept water-based paint because it is expensive to manage and is not classified as hazardous. Residents and businesses are often instructed to let water-based paint dry out and then dispose of the dry paint in the trash. Through the PaintCare program, all paint including latex will be treated as a resource and recycled to the maximum extent possible.

What Products are Covered?Architectural paints (“Program Products”) are defined as interior and exterior architectural coatings sold in containers of 5 gallons or less. However, they do not include aerosol products (spray cans), industrial maintenance (IM), original equipment manufacturer (OEM), or specialty coatings. Here are examples:

PROGRAM PRODUCTS

• Interior and exterior architectural paints: latex, acrylic, water-based, alkyd, oil-based, enamel (including textured coatings) • Deck coatings, floor paints (including elastomeric) • Primers, sealers, undercoaters • Stains • Shellacs, lacquers, varnishes, urethanes (single component) • Waterproofing concrete/masonry/wood sealers and repellents (not tar or bitumen-based) • Metal coatings, rust preventatives • Field and lawn paints

NON-PROGRAM PRODUCTS

• Paint thinners, mineral spirits, solvents • Aerosol paints (spray cans) • Auto and marine paints • Art and craft paints • Caulking compounds, epoxies, glues, adhesives • Paint additives, colorants, tints, resins • Wood preservatives (containing pesticides) • Roof patch and repair • Tar and bitumen-based products • 2-component coatings • Deck cleaners • Traffic and road marking paints • Industrial Maintenance (IM) coatings • Original Equipment Manufacturer (OEM) (shop application) paints and finishes

PAINTCARE INC.1500 RHODE ISLAND AVENUE N.W.

WASHINGTON, DC 20005

MORE INFORMATION:(855) 724-6809 or (855) PAINT09www.paintcare.org or [email protected]

07-12-13

1500 Rhode Island avenue n.W. • WashIngton, dC 20005 • t 855.724.6809 • F 855.385.2020

hhW Program Interest FormTo Be a PaintCare Partner for Paint Collection

use this form to let us know that your household hazardous waste program is interested in becoming a PaintCare Partner for paint collection. For the fact sheet for hhW Programs for your state,

please visit www.paintcare.org or call 855-724-6809.

sPonsoR Municipality or organization: __________________________________________________________

street address: ______________________________________________________________________

City / state / Zip: _____________________________________________________________________

Mail address, if different: ______________________________________________________________

FIRst ContaCt seCond ContaCt

name: _________________________________________ name: _________________________________________

title: __________________________________________ title: __________________________________________

Phone: _________________________________________ Phone: ________________________________________

email: _________________________________________ email: _________________________________________

tyPe oF PRogRaM

hhW Facility hhW events

If events, how many per year? ___________________

PRogRaM desCRIPtIon

Please provide additional information about your program, such as the months/days/hours that your HHW facility is open, the cities/towns that may use your program, when and where you hold temporary events, etc.

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

PRogRaM oPeRatIons

do you currently service CesQgs? yes no are you interested in servicing CesQgs? yes no

do you currently accept latex paint? yes no are you interested in accepting latex? yes no

how do you currently manage paint? bulk paint loose pack paint

Who is your current transportation service provider? _________________________________________________

send CoMPleted FoRM to: email: [email protected] Fax: 855-385-2020 Mail: PaintCare, 1500 Rhode Island avenue n.W., Washington dC 20005

For more information, please give us a call: 855-724-6809

stoRage sPaCe Each bin uses the floor space of a pallet (3’ x 3’)

how many cubic yard bins do you have space to store?

1 2 3 If more than 3, how many? ________

October 2013

RE: Vermont Paint Stewardship Law

Dear Vermont Paint Retailer:

Enclosed are materials to inform you and your customers about a new law and program to make it more convenient to recycle unused paint in Vermont. PaintCare runs similar programs in California, Connecticut and Oregon; we are also planning programs for Rhode Island, Minnesota and Maine. The Vermont program is expected to start May 1, 2014.

Factsheet and Webinars for Retailers. This enclosed factsheet introduces how the program works and how it affects your business. In addition to providing print materials, PaintCare will host webinars for retailers before the program launches. We encourage your participation. These webinars will explain the program, review the responsibilities of retailers under the law, and provide you with an opportunity to ask questions. The first two webinars are next month:

Webinar 1. Tuesday, November 5, 1-2 pm Webinar 2. Thursday, November 7, 10-11 am

To sign up for a webinar, please go to: www.paintcare.org/nextstates/#vermont

Factsheet for Trade Painters. Enclosed are copies of a factsheet we developed at the request of other retailers to help answer common questions from professional painters. Some retailers hand these out at the counter; others insert them with monthly statements. The most common questions you may receive will be about the new fees that will be applied to the purchase price of new paint when the PaintCare program starts. The fee amounts will not be known until the Vermont Agency of Natural Resources approves the Program Plan that PaintCare will submit to them on December 1, 2013.

Although it would be better to inform the public about both the fee amounts and how the program works at the same time, the time that it takes for the Program Plan to be approved leaves too little lead time for professional painters who plan jobs well ahead of time. Therefore, while we work out what the actual fees will be, we are starting outreach for trade painters now, and we suggest that they discuss the pending fees in advance with their customers to allow for an adjustment to any quotes or job bids for future projects. We anticipate the fees in Vermont to be similar to those in the other states – 35 cents per quart container; 75 cents per one-gallon container; and $1.60 per five-gallon container – however, we will not be certain about the fees until the Program Plan is finalized, submitted, and approved by the state, which we anticipate being done in early in 2014.

We look forward to working with you to establish a successful and convenient program for Vermont. For more information, please visit our website at www.paintcare.org or call us at 855-724-6809.

Sincerely, Marjaneh Zarrehparvar Executive Director

Enclosures

Paintcare inc.1500 rhode island avenue n.W.

Washington, dc 20005

Fact Sheet For Paint RetailersOctober 2013

Vermont’s Paint Stewardship Program starts in May 2014

how will the vermont Paint stewardship Program affect Paint retailers?

More inforMation:(855) 724-6809 or (855) Paint09www.paintcare.org or [email protected]

Paint Stewardship Programs in the United StatesFor several years the American Coatings Association (ACA) has worked with stakeholders interested in the management of leftover paint. This work has led to development of an industry-led paint stewardship program for the United States.

PaintCare Inc., a non-profit organization, was established by the ACA to implement this program on behalf of paint manufacturers in each “PaintCare State” (those that adopt paint stewardship laws). PaintCare currently operates in Oregon, California, and Connecticut and is planning programs for Rhode Island, Vermont, Minnesota, and Maine.

Starting on May 1, 2014, Vermont retailers will be required to add a fee to the architectural paint products they sell, and to make sure they are not selling unregistered brands. Serving as a drop-off site is optional.

Providing Convenient Paint Recycling PaintCare’s major effort is to establish paint drop-off sites throughout each PaintCare state, at paint retailers and other locations, in order to provide convenient recycling opportunities. Other locations are often waste transfer stations and municipal household hazardous waste facilities. As of October 2013, there are more than 100 drop-off sites in both Oregon and Connecticut, and more than 500 in California.

ROLES OF RETAILERS

Participation as a Drop-Off Site is VoluntaryMost retailers who wish to serve as drop-off sites are able to do so if they have space and can provide minimal staff time to accept paint from the public. By doing so, retailers increase foot traffic and sales and provide an environmen-tally-beneficial service to their community. They make recycling of leftover paint convenient for their customers and help relieve local governments who are often managing leftover paint. PaintCare provides storage bins, site training, and support; promotes the sites to the local community; and pays for paint transportation and recycling.

Check Registered Manufacturers & Brands Under the program, paint manufacturers must register their company and the brands they sell into Vermont. Retailers may not sell architectural paints that are not registered. PaintCare and the state will publish lists of registered manufacturers and brands on their websites so that retailers can confirm that the products they sell are registered.

Pass on the Assessment FeeAs required by law, a fee must be assessed and added to the wholesale price of architectural paint sold into Vermont. This fee pays for all aspects of running the program. The fee is paid by manufacturers to PaintCare and then passed to their dealers. Retailers will see this fee on invoices from suppliers starting on the first day of the program. The law also requires that retailers and distributors add the fee to the purchase price of architec-tural paint. The fee paid by the consumer to the retailer offsets the fee charged by the manufacturer or distribu-tor to the retailer. All manufacturers, distributors, and retailers selling architectural paint in the state must pay and pass through the PaintCare Recovery Fee, ensuring a level playing field for all affected parties.

COMMON QUESTIONS ABOUT FEES

How much are the fees? Although fees may change and vary by state, currently fees in the three states with active programs are the same. Fees are per container and based on container size as follows:

CONTAINER SIZE FEE

half pint or less $ 0.00more than half pint and less than 1 gallon $ 0.351 gallon $ 0.75more than 1 gallon up to 5 gallons $ 1.60 Note: The fees in Vermont may be different that those of the three current states.

When will fees for Vermont be known? Fees will be proposed in PaintCare’s Program Plan to be submitted on December 1 of this year and approved by the Vermont Agency of Natural Resources within 90 days.

How will the fees be calculated? Fees are set to cover the cost of a fully operating program on a state-by-state basis. Working with paint manufacturers, PaintCare will estimate the annual sales of architectural paint in Vermont and divide the estimated total cost of the program by the number of containers to be sold in the state ─ taking into account the typical amount of leftover paint for each size container. Since PaintCare is a non-profit organization, eventually the fees may be decreased if they were set at a level higher than what is needed to cover expenses, or fees may be increased if they were set too low and do not cover the expenses.

Is the fee a deposit to be returned to customers?No, the fee is not a deposit. The fees are used entirely to cover the cost of running the program. The retailer is not collecting the fee, but merely recovering their costs by adding it to the retail price.

Must we show the fee on receipts? No, but many stores do show the fee in order to explain the price increase. PaintCare encourages retailers to show the fee and list it as “PaintCare Recovery Fee” to ensure transparency and aid in customer education.

Do we return the fee if a product is returned? Yes, the fee should be returned because it is part of the purchase price.

Is sales tax applied to the fee itself? Yes, the fee is part of the purchase price; therefore, sales tax is collected on the fee.

Do we add the fee on sales on the first day of the pro-gram for inventory purchased before the first day of the program, even though we didn’t pay a fee on it to the distributor or manufacturer? Yes, in order to provide for a hard start date, retailers must add the fee on all covered products sold on or after the first day of the program, regardless of when they were purchased from the distributor or manufacturer.

How will the public know about the fee? PaintCare provides printed materials to retailers to help explain the purpose of the fee, how the program works, and how to find a paint drop-off site. Before the program starts, PaintCare provides a free “starter pack” of public information materials to all paint retailers. Additional materials can be ordered as needed for no charge.

How do I know which products have fees? Your supplier’s invoice will indicate that you are being charged the fee, so you simply pass on the fee for those items. PaintCare and each state’s oversight agency post lists of registered paint manufacturers and brands on their websites. Please visit paintcare.org for examples of registration lists of active state programs.




10-15-13© 2013, PaintCare Inc.

What Products are covered?

Program Products These products have fees and are accepted at drop-off sites:


Non-Program Products These products have no fees and are not accepted at drop-off sites:


Architectural paints (“Program Products”) are defined as interior and exterior architectural coatings sold in containers of 5 gallons or less. However, they do not include aerosol products (spray cans), industrial maintenance (IM), original equipment manufacturer (OEM), or specialty coatings.

Note: Leaking, unlabeled and empty containers are not accepted at drop-off sites.






Retailer Interest FormTo Be a PaintCare Drop-Off Site

RetaIleR store name: _________________________________________________________________________

street address: ______________________________________________________________________

City / state / Zip: ____________________________________________________________________

Mail address, if different: _____________________________________________________________


name: _________________________________________ name: _________________________________________

Phone: _________________________________________ Phone: ________________________________________

email: _________________________________________ email: _________________________________________

tyPe oF stoRe IndePendent FRanChIse ChaIn Co-oP bIg box

PaRent CoMPany (Fill this out if your participation is managed by a parent company.)

Company name: __________________________________________________________________

Contact Person: __________________________________________________________________

Phone: ___________________________________________________________________________

email: ___________________________________________________________________________


do you have space to store 1, 2, 3 or more cubic yard bins? yes no

If yes, please indicate how many: 1 2 3 MoRe than 3

Where is your storage space? IndooRs outdooRs



use this form to let us know that your store is interested in becoming a drop-off site for leftover paint from the public.

to obtain publications for retailers for your state, please visit www.paintcare.org or call 855-724-6809.



Fact Sheet For Trade PaintersOctober 2013

Vermont Paint Recycling Program

information for trade Painters


A new Vermont law affecting trade painters takes effect in 2014.

The new law requires paint manufacturers to establish a paint stewardship program in Vermont. The program is funded by a fee on each container of architectural paint sold in the state. The program will set up drop-off sites at retail stores and other sites throughout the state where residents and businesses will be able to take most leftover paint for recycling, free of charge. The program is expected to begin in May 2014.

Paint Stewardship Led by IndustryThe American Coatings Association (ACA) worked with various stakeholders interested in the management of postconsumer paint to develop a Paint Stewardship Program in the United States. PaintCare Inc. is a non-profit 501(c)(3) organization established by the ACA to implement the program on behalf of paint manufacturers in states that adopt paint stewardship laws. These states include California, Connecticut, Maine, Minnesota, Oregon, Rhode Island, and Vermont.

The main goals of the program are to decrease paint waste and recycle more postconsumer paint by setting up convenient drop-off sites in each state.

The program in Vermont is expected to start in May 2014, following approval of a state-required Program Plan to be submitted by PaintCare to the Vermont Agency of Natural Resources by December 1, 2013. Although the program is required by state law, it is designed and operated by the paint manufacturing industry through PaintCare.

PaintCare Recovery Fee and FundingWhen the program starts, a paint stewardship assessment (“PaintCare Recovery Fee”) must be added by manufac-turers to the wholesale price of all architectural paint sold in Vermont. This fee funds the transportation, recycling, and proper disposal of architectural paint. It also pays for consumer education and administrative costs. The law requires retailers and distributors to include the fee in the price of architectural paint. Showing the fee on customer receipts is not mandatory; however, PaintCare encourages retailers to do so to ensure consumers are aware of the fee and inform them about the program.

The fee amounts in Vermont will be proposed in PaintCare’s Program Plan. Once the Plan is approved by the state, the fees will be known and PaintCare will make that information available to trade painters and other stakeholders. Fees must be added to the price of paint when the program starts. Fees will vary by container size.

Advance Notice for Trade PaintersIt is expected that trade painters will pass the fees on to their customers. If you are estimating jobs for which architectural paint will be purchased after the program starts, you should take these fees into account by check-ing with your suppliers to make sure the quotes for paint products include the fees.

Since fees may not be known in time for bids on future jobs, PaintCare suggests that painters discuss these fees with customers in advance and incorporate language into bids and contracts to allow for an adjustment to the contract price once the fees are known and approved by the state. Copies of this notice are available at www.paintcare.org to provide to customers.

New Paint Drop-Off Sites PaintCare will establish paint drop-off sites across the state. Most drop-off sites will be at paint retail stores. Other sites may be solid waste transfer stations, recycling centers, and government-run household hazardous waste programs. Participation as a drop-off site is voluntary.

Use of Retail Collection Sites by BusinessesRetail sites will provide a convenient and no cost recycling option for trade painters and other businesses. CESQG* businesses will be able to use these sites to recycle all program products (both water and solvent-based) with some restrictions on quantities per month. Larger busi-nesses (those that generate more than 220 pounds of haz-ardous waste per month) will be able to use the PaintCare sites for their water-based program products only; they will not be able to use the sites for their solvent-based program products.

Pick-Up Service for Large VolumesBusinesses with at least 300 gallons of postconsumer paint to recycle may qualify to have their paint picked directly from their site at no additional cost. This includes old and accumu-lated paint. Once the program starts, call (855) 724-6809 to learn more or to request this service.

*A Conditionally Exempt Small Quantity Generator or CESQG is a business that generates less than 220 pounds of hazardous waste per month. (220 pounds is about 20-30 gallons, depend-ing on the product type.) Most small to medium-sized trade painters are CESQGs. Note: Latex paint is not a hazardous waste in Vermont and does not count toward the 220 pound limit.

What Products are Covered?Architectural paints (“Program Products”) are interiorand exterior architectural coatings sold in containers of5 gallons or less. However, they do not include aerosolproducts (spray cans), industrial maintenance (IM), orspecialty coatings. Examples are below.

PROgRAM PRODUCTS These products have fees and are accepted at drop-off sites:


NON-PROgRAM PRODUCTS These products do not have fees and are not accepted at drop-off sites:







January 2014

RE: Vermont Paint Stewardship Law

Dear Vermont Paint Retailer:

Enclosed is a factsheet to inform you about a new law and program to make it more convenient to recycle unused paint in Vermont. PaintCare runs similar programs in California, Connecticut and Oregon, and we are also planning programs for Rhode Island, Minnesota and Maine.

The Vermont program is expected to start May 1, 2014.

Updated FactsheetThis is the second mailing we are sending to Vermont paint retailers. The first mailing sent in October contained a similar Retailer Factsheet. However, the first factsheet left off an important requirement of the state law – that retailers must provide consumers information about the program. The enclosed updated factsheet discusses this requirement and explains that consumer materials will be provided free of charge by PaintCare to all paint retailers.

Information for Trade PaintersAlso enclosed is a copy of our updated Trade Painter Factsheet. In our previous mailing, we sent 25 copies to each store. If you didn’t receive the previous mailing and/or if you would like additional copies, please contact me and I will provide as many as you need.

This factsheet was developed at the request of paint retailers in our other program states to help answer common questions from professional painters. Some retailers hand these out at the counter; others insert them with monthly billing statements. The most common questions you are likely to receive will be about the new fees that will be applied to the purchase price of new paint when the program starts. The updated factsheet contains the fees proposed to the state. We expect fees to be approved and official in March. We suggest that trade painters discuss the fees in advance with their customers to allow for an adjustment to any quotes or job bids for future projects.

We look forward to working with you to establish a convenient and successful postconsumer paint management program for Vermont. For more information, please visit our website at www.paintcare.org or contact me at (802) 245-4821 or by email at [email protected].

Sincerely,

John HurdVermont Program Manager

Fact Sheet For Paint RetailersUpdated - January 2014

Vermont’s Paint Stewardship Program starts in May 2014

How will the Vermont Paint Stewardship Program Affect Paint Retailers?

Paint Stewardship Programs in the United StatesFor several years the American Coatings Association (ACA)has worked with stakeholders interested in the managementof leftover paint. This work has led to development of anindustry-led paint stewardship program for the United States.

PaintCare Inc., a non-profit organization, was establishedby ACA to implement this program on behalf of paintmanufacturers in each “PaintCare State” (those that adoptpaint stewardship laws). PaintCare currently operates inOregon, California, and Connecticut and is planning programsfor Rhode Island, Vermont, Minnesota, and Maine.

Starting on May 1, 2014 Vermont paint retailers will be required to add a fee to the architectural paint products they sell, make sure they are not selling unregistered brands, and provide customers information about the program. Serving as a drop-off site is optional.

Convenient Paint Recycling PaintCare’s major effort is to establish paint drop-offsites throughout each PaintCare state ─ at paint retailersand other locations ─ in order to provide convenientrecycling opportunities for the public. Other locationsinclude waste transfer stations and municipal householdhazardous waste facilities and events. As of January 2014, there are more than 100 paint drop-off sites in both Oregon and Connecticut, and more than 500 in California.

Participation as a Drop-Off Site is VoluntaryMost retailers who wish to serve as drop-off sites areable to do so if they have space and can provide minimalstaff time to accept paint from the public. By doing so,retailers increase foot traffic and sales, and they providean environmentally-beneficial service to their community. They make recycling of leftover paint convenient for their customers and help relieve local governments that manage leftover paint. PaintCare provides storage bins, site training, and support; promotes the sites to the local community; and pays for paint transportation and recycling.

REQUIREMENTS OF RETAILERS

1. Check Registered Manufacturers & Brands Under the program, paint manufacturers must register their company with PaintCare and list the brands they sell in Vermont. Retailers may not sell architectural paints that are not registered. PaintCare and the Vermont Agency of Natural Resources will publish lists of registered brands and manufacturers on their websites so that retailers can confirm that the products they sell are registered.

2. Pass on the Assessment FeeAs required by law, when the program starts, a fee must be assessed and added to the wholesale price of architectural paint sold in Vermont. This fee pays for all aspects of running the program. The fee is paid by manufacturers to PaintCare and then passed to their dealers. Retailers will see the “PaintCare Recovery Fee” on invoices from suppliers starting on the first day of the program. The law also requires that retailers and distributors add the fee to the purchase price of architectural paint. The fee paid by the customer to the retailer offsets the fee charged by the manufacturer or distributor to the retailer. All retailers, distributors, and manufacturers selling architectural paint in the state must pay and pass through the fee, ensuring a level playing field for all parties.

3. Provide Information to CustomersPaint retailers must provide customers with information regarding the program and how paint is managed. PaintCare will develop the materials, ensure they meet the state’s requirements, and provide them free of charge to all paint retailers.

Recycle with PaintCare

What Is the California Paint Stewardship Program?

More than 700 million gallons of architectural paint is sold each year in the U.S., and it is estimated that about 10 percent of that is available for recycling.

Until now, unused, leftover (postconsumer)

paint has generally been managed through

programs operated and paid for by local

and state government agencies.

Starting in October 2012, a California

law requires the paint and coatings

industry to develop a financially and

environmentally sustainable solution

to manage postconsumer architectural

paint. Under the new program, the paint

industry will make paint recycling more

convenient by setting up hundreds of

drop-off sites throughout the state

where consumers can take their paint.

PaintCare will also conduct outreach

and education about keeping paint out

of the trash, buying the right amount

of paint for a project, and using up

remaining paint.

About the PaintCare Program

Program ProductsThese products have fees and are accepted at drop-off sites:

• Interior and exterior architectural paints: latex, acrylic, water-based, alkyd, oil-based, enamel (all types of finishes and sheens, including textured coatings) • Deck coatings, floor paints (including elastomeric) • Primers, sealers, undercoaters • Stains • Shellacs, lacquers, varnishes, urethanes (single component) • Waterproofing concrete/masonry/wood sealers and repellents (not tar or bitumen-based) • Swimming pool paints (single component) • Metal coatings, rust preventatives

Non-Program Products • Paint thinners, mineral spirits, solvents • Aerosol paints (spray cans) • Auto, marine, traffic/road marking, art/craft paints • Caulking compounds, epoxies, glues, adhesives • Paint additives, colorants, tints, resins • Wood preservatives • Roof patch and repair • Tar and bitumen-based products • 2-component coatings • Deck cleaners • Industrial Maintenance (IM) coatings • Original Equipment Manufacturer (OEM) (shop application) paints and finishes

Note: Leaking, unlabeled, and empty containers are not accepted at drop-off sites.

For information about recycling and proper disposal of non-program products, please contact your garbage hauler, local environmental health

agency, or public works department.Printed on 100% post-consumer recycled material and processed chlorine-free.

Recycle with PaintCare

What Is the California Paint Stewardship Program?

More than 700 million gallons of architectural paint is sold each year in the U.S., and it is estimated that about 10 percent of that is available for recycling.

Until now, unused, leftover (postconsumer)

paint has generally been managed through

programs operated and paid for by local

and state government agencies.

Starting in October 2012, a California

law requires the paint and coatings

industry to develop a financially and

environmentally sustainable solution

to manage postconsumer architectural

paint. Under the new program, the paint

industry will make paint recycling more

convenient by setting up hundreds of

drop-off sites throughout the state

where consumers can take their paint.

PaintCare will also conduct outreach

and education about keeping paint out

of the trash, buying the right amount

of paint for a project, and using up

remaining paint.

About the PaintCare Program

Program ProductsThese products have fees and are accepted at drop-off sites:

• Interior and exterior architectural paints: latex, acrylic, water-based, alkyd, oil-based, enamel (all types of finishes and sheens, including textured coatings) • Deck coatings, floor paints (including elastomeric) • Primers, sealers, undercoaters • Stains • Shellacs, lacquers, varnishes, urethanes (single component) • Waterproofing concrete/masonry/wood sealers and repellents (not tar or bitumen-based) • Swimming pool paints (single component) • Metal coatings, rust preventatives

Non-Program Products • Paint thinners, mineral spirits, solvents • Aerosol paints (spray cans) • Auto, marine, traffic/road marking, art/craft paints • Caulking compounds, epoxies, glues, adhesives • Paint additives, colorants, tints, resins • Wood preservatives • Roof patch and repair • Tar and bitumen-based products • 2-component coatings • Deck cleaners • Industrial Maintenance (IM) coatings • Original Equipment Manufacturer (OEM) (shop application) paints and finishes

Note: Leaking, unlabeled, and empty containers are not accepted at drop-off sites.

For information about recycling and proper disposal of non-program products, please contact your garbage hauler, local environmental health

agency, or public works department.Printed on 100% post-consumer recycled material and processed chlorine-free.

Is the fee a deposit to be returned to customers? No, the fee is not a deposit. Fees are used entirely to cover the cost of running the program and not given back as a deposit for the return of paint or empty paint cans ─ a common misunderstanding.

Must we show the fee on receipts? No, but in other states, most stores do show the fee inorder to explain the price increase. PaintCare encourages retailers to show the fee and list it as “PaintCare Recovery Fee” to aid in customer education and to ensure consistency and transparency.

Do we return the fee if a product is returned? Yes, the fee should be returned because it is part of thepurchase price.

Is sales tax applied to the fee itself? Yes, the fee is part of the purchase price; therefore, sales tax is collected on the fee.

Do we apply the fee to sales on the first day of theprogram for inventory purchased before the first day of the program, even though we didn’t pay a fee for the product to the distributor or manufacturer? Yes, retailers must add the fee on all covered products sold on or after the first day of the program, regardless of when they were purchased from the distributor or manufacturer.

How will the public know about the fee? PaintCare provides printed materials for retailers to distribute to the public to help explain the purpose of the fee, how the program works, and how to find a paint drop-off site. Before the program starts, PaintCare provides a free “starter pack” of public information materials to all paint retailers. Additional materials can be ordered as needed for no charge.

How do I know which products have fees?Invoices from your suppliers will show fees for program products, so you simply pass on the fees for those items. PaintCare and the Agency of Natural Resources will also post lists of registered paint manufacturers and brands on their websites – fees should be included on these products. Please visit www.paintcare.org for examples of registration lists of active state programs.

COMMON QUESTIONS ABOUT FEES

How much are the fees? Although fees may change and vary by state, fees inthe three states with active programs are the same, and PaintCare has proposed the same fees in Vermont.

CONTAINER SIZE FEE

half pint or less $ 0.00more than half pint to less than 1 gallon $ 0.351 gallon $ 0.75more than 1 gallon up to 5 gallons $ 1.60

When will fees for Vermont be known? The above fee structure has been proposed in PaintCare’s Program Plan. The Plan was submited in early December to the Vermont Agency of Natural Resources. The Agency is expected to approve the Plan and fee structure in March.

How will the fees be calculated? Fees are set to cover the cost of a fully operating program on a state-by-state basis. PaintCare estimated the annual sales of architectural paint in Vermont and divided the estimated total cost of the program by the number of containers to be sold in the state ─ taking into account the typical amount of leftover paint for each size container. Since PaintCare is a nonprofit organization, the fees may be decreased in the future if they were set at a level higher than what is needed to cover expenses, or fees may be increased if they were set too low and do not cover expenses.

PAintcARe inc.1500 RHode iSlAnd AVenue n.W.

WASHington, dc 20005

MoRe infoRMAtion:(855) 724-6809 or (855) PAint09www.paintcare.org or [email protected]

© 2014, PaintCare Inc.

What Products Are covered?

Program Products These products have fees and are accepted at drop-off sites:


Non-Program Products These products have no fees and are not accepted at drop-off sites:


Architectural paints (“Program Products”) are defined as interior and exteriorarchitectural coatings sold in containers of 5 gallons or less. However, they do notinclude aerosol products (spray cans), industrial maintenance (IM), originalequipment manufacturer (OEM), or specialty coatings.

Note: Leaking, unlabeled and empty containers are not accepted at drop-off sites.

PAintcARe inc.1500 RHode iSlAnd AVenue n.W.

WASHington, dc 20005

MoRe infoRMAtion:(855) 724-6809 or (855) PAint09www.paintcare.org or [email protected]

© 2014, PaintCare Inc.


Retailer Interest FormTo Be a PaintCare Drop-Off Site

RetaIleR store name: _________________________________________________________________________

street address: ______________________________________________________________________

City / state / Zip: ____________________________________________________________________

Mail address, if different: _____________________________________________________________


name: _________________________________________ name: _________________________________________

Phone: _________________________________________ Phone: ________________________________________

email: _________________________________________ email: _________________________________________

tyPe oF stoRe IndePendent FRanChIse ChaIn Co-oP bIg box

PaRent CoMPany (Fill this out if your participation is managed by a parent company.)

Company name: __________________________________________________________________

Contact Person: __________________________________________________________________

Phone: ___________________________________________________________________________

email: ___________________________________________________________________________


do you have space to store 1, 2, 3 or more cubic yard bins? yes no

If yes, please indicate how many: 1 2 3 MoRe than 3

Where is your storage space? IndooRs outdooRs



use this form to let us know that your store is interested in becoming a drop-off site for leftover paint from the public.

to obtain publications for retailers for your state, please visit www.paintcare.org or call 855-724-6809.



Fact Sheet for Trade PaintersUpdated - January 2014

Vermont Paint Recycling Program

information for trade Painters


A new Vermont law affecting trade painters takes effect in May 2014. The new law requires paint manufacturers to establish a paint stewardship program in Vermont. The program is funded by a fee on each container of architectural paint sold in the state. The program will set up drop-off sites at retail stores and other sites throughout the state where residents and businesses will be able to take most leftover paint for recycling, free of charge.

Paint Stewardship Led by IndustryThe American Coatings Association (ACA) worked with various stakeholders interested in the management of postconsumer paint to develop a Paint Stewardship Program in the United States. PaintCare Inc. is a non-profit 501(c)(3) organization established by ACA to implement the program on behalf of paint manufacturers in states that adopt paint stewardship laws. These states include California, Connecticut, Maine, Minnesota, Oregon, Rhode Island, and Vermont.

The main goals of the program are to decrease paint waste and recycle more postconsumer paint by setting up convenient drop-off sites in each state.

Vermont’s program is expected to begin on May 1, 2014, following approval of PaintCare’s Program Plan by the Vermont Agency of Natural Resources. Although the program is required by state law, it is being designed and operated by the paint manufacturing industry.

PaintCare Recovery Fee and FundingAs required by the law, on May 1, 2014, a paint stewardship assessment fee (“PaintCare Recovery Fee”) must be added by manufacturers to the wholesale price of all architectural paint sold in Vermont. This fee is paid by manufacturers to PaintCare to fund setting up drop-off sites for leftover, postconsumer architectural paint, and for the transportation, recycling, and proper disposal of that paint. It also pays for consumer education and program administrative costs.

The fees are based on container size as follows: (Fees are the same in California, Connecticut, and Oregon.)

Half pint or less $ 0.00More than half pint to less than 1 gallon $ 0.351 gallon $ 0.75More than 1 gallon to 5 gallons $ 1.60

The law also requires that each distributor and retailer include the PaintCare Recovery Fee with their sale price of architectural paint sold in Vermont. While displaying the fee on invoices and receipts is not mandatory for distributors or retailers, PaintCare encourages this action, and for the fee to be listed as “PaintCare Recovery Fee” to aid in customer and dealer education and to ensure transparency.

Advance Notice for Trade PaintersIt is expected that trade painters will pass the fees on to their customers in order to recoup the fees they paid on the product.

©2014, PaintCare Inc.

If you are estimating job costs for which architectural paint will be purchased after May 1, 2014, you should take these fees into account by checking with your supplier to make sure the quotes for paint products include the fees. You should also let your customers know that you will be including these fees in your quotes.

New Paint Drop-Off Sites PaintCare will establish paint drop-off sites across the state. Most drop-off sites will be at paint retail stores. Others sites may include solid waste transfer stations, recycling centers, and government-sponsored household hazardous waste programs. Participation as a drop-off site is voluntary.

Use of Retail Drop-Off Sites by BusinessesRetail sites will provide a convenient and no cost recycling option for trade painters and other businesses. CEG* businesses will be able to use these sites to recycle all program products (both water and solvent-based) with some restrictions on quantities per month. Larger businesses (those that generate more than 220 pounds of hazardous waste per month) will be able to use the PaintCare sites for their water-based program products only; they will not be able to use the sites for their solvent-based program products.

*A Conditionally Exempt Generator or CEG is a business that generates less than 220 pounds of hazardous waste per month. (220 pounds is about 20-30 gallons, depending on the product type.) Most small to medium-sized trade painters are CEGs. Note: Latex paint is not a hazardous waste in Vermont and does not count toward the 220 pound limit.

Pick-Up Service for Large VolumesBusinesses with at least 300 gallons of postconsumer paint to recycle, may qualify to have their paint picked up by PaintCare at no additional cost. Call (855) 724-6809 to learn more or to request this service.

What Products Are Covered?Architectural paints (“Program Products”) are interior and exterior architectural coatings sold in containers of 5 gallons or less. However, they do not include aerosol products (spray cans), industrial maintenance (IM), or specialty coatings. Examples are below.

PROgRAM PRODUCTS These products have fees and are accepted at drop-off sites:


NON-PROgRAM PRODUCTS These products do not have fees and are not accepted at drop-off sites:





©2014, PaintCare Inc.



PaintCare® Fact SheetFor Transfer Stations

Vermont Paint Stewardship Program

information for transfer stations


Vermont’s paint stewardship law supports paint collection activities at waste transfer stations.

Paint Stewardship Program in VermontA law passed in June 2013 requires manufacturers of paint to establish a Paint Stewardship Program in Vermont. Waste transfer stations can participate by offering paint recycling to their customers and municipal agencies. The cost of trans-portation and recycling of program products will be paid by the Program. Program funding comes from the “PaintCare Re-covery Fee” on the sale of architectural paint sold in Vermont starting when the program begins in the spring 2014.

PaintCare Inc. is a non-profit 501(c)(3) organization estab-lished by the American Coatings Association to implement state-mandated paint stewardship programs on behalf of paint manufacturers in each state that adopts a paint stewardship law.

When Does the Program Begin?The Program must begin on or before July 1, 2014; PaintCare aims to begin the program on May 1, 2014. A detailed Stewardship Plan must be submitted by PaintCare, on behalf of paint manufacturers, to the Vermont Department of Natural Resources on December 1, 2013. The Department must approve the Plan for the Program to begin. Vermont is the sixth state to pass such a law. PaintCare currently oper-ates programs in Oregon, California and Connecticut, and programs are being planned for Vermont, Rhode Island, Minnesota and Maine.

Making Paint Recycling More Convenient PaintCare will establish drop-off sites statewide for residents and businesses to take leftover archi-tectural paint. Although most drop-off sites will be at paint retailers, municipal and private transfer stations, and household hazardous waste (HHW) programs may also volunteer to be PaintCare drop-off sites.

Benefits to Transfer Stations

• Make recycling of leftover paint more convenient for your community

• Help your state conserve resources and keep paint out of the solid waste stream

• Save money on municipally generated leftover paint


transfer station Interest FormTo Be a PaintCare Partner for Paint Collection

use this form to let us know that your transfer station is interested in becoming a PaintCare drop-off site.

For the fact sheet for transfer stations for your state, please visit www.paintcare.org or call 855-724-6809.

sPonsoR Municipality or organization: __________________________________________________________

street address: ______________________________________________________________________

City / state / Zip: _____________________________________________________________________

Mail address, if different: ______________________________________________________________


name: _________________________________________ name: _________________________________________

title: __________________________________________ title: __________________________________________

Phone: _________________________________________ Phone: ________________________________________

email: _________________________________________ email: _________________________________________

oPeRated By:

town or City

Private Company:

_______________________________________________

Would you like to: accept paint from your customers accept paint from the general public

manage paint from municipal departments both public and municpal

PRogRaM desCRIPtIon

Please provide additional information about your facility, such as the days and hours of operation, the cities/towns that may

use your facility, whether businesses may use your facility, whether you already collect any paint, etc.

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________




how many cubic yard bins do you have space to store?

2 3 If more than 3, how many? ________

Appendix E

Golder Associates Ltd. #200-420 West Hastings Street, Vancouver, British Columbia, Canada V6B 1L1

Tel: +1 (604) 688 9769 Fax: +1 (604) 688 9764 www.golder.com Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America

Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation.

The following GIS analysis was to undertaken to evaluate a service area-based distance criterion (90% of State-wide population with access to a paint collection site) and a population density criterion (one site per additional 10k population in cities and towns).

To complete this analysis, service areas were defined as 15 mile driving distances from a paint collection site. Once all sites were located, and service areas were established, the distance criterion was evaluated based on the coverage of all combined service areas and a population distribution layer. While researching approaches to conduct the service area analysis, the authors evaluated a common approach which is to use county borders as a population distribution layer. This approach, however, was discarded due to two main reasons.

First, most service areas, especially in urban areas such as Burlington, ignore county lines.

Second, population counts at the county scale are not fine grained enough, in some instances, to account for varied settlement patterns and urban population ranges.

As such, it was determined that a more fine-grained population distribution layer with urban population ranges was required.

To create this layer, the authors settled upon the creation of a population coverage layer comprised of both Census Population Places and Census Block Groups. This combination resulted in a population distribution that not only covers the entire State, but also classifies populated places by population range (<10,000 persons, 10,000-20,000 person etc.) So, if an entire populated place was entirely covered by the combined service areas, the authors assumed that 100% had access to a collection site. If 90% of a populated place was covered by combined service areas we assumed that 90% of its residents had access to a collection and so on.

The density criterion was evaluated by locating Towns within Vermont that have populations over 10,000 persons and adding an additional site for each 10,000 persons above that amount. Table 1 below shows the requirements for new sites by each large Town in the State.

DATE December 26, 2013 PROJECT No. 1214410013-002-TM-Rev0

TO PaintCare Inc.

FROM Aaron Licker EMAIL [email protected] TECHNICAL MEMO TO PAINTCARE: GIS METHOD USED TO CALCULATE CONVENIENCE CRITERIA OF PAINTCARE SERVICE LOCATIONS IN VERMONT

PaintCare Inc. 1214410013-002-TM-Rev0 December 26, 2013

2/2

Table 1: Additional Sites based on population

Town

Population (2010 Census) Additional Sites

Bennington Town 15,764 1

Burlington City 42,417 4

Milton Town 10,352 1

South Burlington City 17,904 1

Rutland City 16,495 1

Brattleboro Town 12,046 1

Colchester Town 17,067 1

Essex Town 19,587 2

Hartford Town 10,367 1

To complete this analysis, two authors used a GIS algorithm to find the optimal amount of sites that satisfied the distance criterion and then added in additional sites to satisfy the density criterion. It should be noted that two criterion are mutually exclusive and have been evaluated separately. Ultimately 32 sites were identified for the distance criterion and the additional 13 sites were added in to satisfy the density criterion. In total, 45 paint collection sites will be required to meet PaintCare’s baseline service level goals for convenience.

Anthony Smith B.A. (Hons) Aaron Licker B.A., Adv. Dipl. Tech. GIS GIS Analyst and Cartographer BC GIS Lead

AS/AL/AL

c:\users\alicker\documents\1214410013-002-tm-rev0-paintcare_26dec 13.docx

Appendix F

HRP Associates, Inc. Creating the Right Solutions Together

J:\P\PAINT - PAINTCARE\VERMONT, RHODE ISLAND AND MINNESOTA\PAI2001SW\WP\Independent Audit_Vermont.doc

November 27, 2013

Ms. Valerie Bernardo, CPA PaintCare 1500 Rhode Island Avenue, NW Washington, DC 20005

RE: INDEPENDENT AUDIT, PAINT STEWARDSHIP PROGRAM, VERMONT (HRP #PAI2001.RC)

Dear Ms. Bernardo: HRP Associates, Inc. (HRP) has completed an Independent Audit of PaintCare’s calculations of the Paint Stewardship Assessment to be placed on the sale of each container of architectural paint sold in the State of Vermont (State) to administer a Paint Stewardship Program. A summary of the Audit Findings are provided below.

To accomplish the goals of the Paint Stewardship Program, within the timeframe set forth under the State of Vermont’s Legislature, PaintCare was required to forego a formal Request For Proposal (RFP) format for hazardous waste management services and a Public Relations/Outreach firm. Instead, PaintCare solicited pricing from experienced and reputable firms for the hazardous waste service provider. For the PR firm, PaintCare received recommendations from State contacts managing waste collection programs and/or involved in the development of the Paint Stewardship legislation. After two (2) years of program implementation, PaintCare will implement a formal RFP process.

Paint Processing Services Bids

HRP reviewed the contract prices that were received from the hazardous waste service providers. The two providers were pre-qualified and have extensive experience handling, transporting, and disposing of hazardous and universal wastes. The contractors also have the infrastructure in place to accommodate the start-up of a Paint Stewardship Program within the five (5) month timeframe. In order to accommodate a state-wide program, more than one qualified company may be contracted to implement the Stewardship Program. The names of the vendors discussed in letter are being withheld as contracts have not yet been established between them and PaintCare. The hazardous waste service providers will collect paint from retail stores, waste transfer stations, and household hazardous waste programs throughout the state. The exact distribution of the sites and events among the two companies will be determined over the next few months. This anticipated distribution of services and corresponding pricing structure was used in PaintCare’s calculations of the Paint Stewardship Assessment, discussed below.

CONNECTICUT

Corporate Headquarters 197 Scott Swamp Road Farmington, CT 06032 800-246-9021 860-674-9570 FAX 860-674-9624 999 Oronoque Lane Second Floor Stratford, CT 06614 203-380-1395 FAX 203-380-1438

FLORIDA

1817 Cypress Brook Drive Suite 103 New Port Richey, FL 34655 888-341-7244 727-375-2323 FAX 727-375-2311

MASSACHUSETTS

7 Midstate Drive Suite 201 Auburn, MA 01501 855-866-3934 508-407-0009 FAX 508-407-0012

NEW YORK

1 Fairchild Square Suite 110 Clifton Park, NY 12065 888-823-6427 518-877-7101 FAX 518-877-8561

PENNSYLVANIA

2101 North Front Street Building 4, Suite 201 Harrisburg, PA 17110 888-960-4018 717-836-7641 FAX 717-836-7924

SOUTH CAROLINA

1327 Miller Road Suite D Greenville, SC 29607 800-752-3922 864-289-0311 FAX 864-281-9846

TEXAS

P.O. Box 191329 Dallas, TX 75219 800-752-3922 FAX 864-281-9846

www.hrpassociates.com

Ms. Bernardo Page 2 November 27, 2013

HRP Associates, Inc. Creating the Right Solutions Together J:\P\PAINT - PAINTCARE\VERMONT, RHODE ISLAND AND MINNESOTA\PAI2001SW\WP\Independent Audit_Vermont.doc

The Stewardship Program will also contract with the Chittenden Solid Waste District (CSWD) to provide in-state paint processing services, including manufacturing a recycled-content paint sold locally. CSWD may also manage paint from other household hazardous waste programs and from retailers in their area. In the case of retailers, the paint will be delivered to CSWD by PaintCare’s contracted hazardous waste hauler(s).

The calculations and assumptions made to determine the program costs were reviewed and found to be reasonable. HRP reviewed the calculations for the first 14 months of the program (May 1, 2014 – June 30, 2015).

Program Costs

PaintCare’s anticipated expenses took into account the costs for collection, transportation, processing, collection containers, one-day event setup fees, communications (education and outreach), personnel & professional fees, state permitting, and travel, in addition to corporate budget expenses. The expenses and assumptions made are acceptable and within industry standards. Savings were realized by utilizing an existing network of household hazardous waste collection facilities.

The anticipated volume of paint containers expected to be collected in Vermont and the number of each type of paint container sold were based off of market research. The amount of actual paint collected was derived from Paint Stewardship Programs that have already been implemented. A reasonable estimate of the percent of postconsumer paint to be recycled was developed based upon experience from previous programs and industry studies. The Contractor prices were then used to analyze the actual operating costs as well as the Program Administrative Costs.

Paint Assessment

HRP independently reviewed the calculations performed by PaintCare for accuracy and the calculations were deemed sufficient. Based on our review, we find the Paint Stewardship Assessment, determined by PaintCare, to be reasonable and not to exceed the actual operational costs to administer the Paint Stewardship Program. The Paint Stewardship Assessment (fee structure) is identical to the fee assessed in California, Connecticut and Oregon. If you have any questions or require additional information, please feel free to contact HRP at (860) 674-9570. Sincerely, HRP ASSOCIATES, INC.

Adam G. Fox, P.E. Project Manager