o Requests that the Board coordinate its efforts with Maryland. 



o Bans the sale or possession of TBT paints, except in commercial 



boat yards. TBT paints with acceptable leach rates can be used 



on vessels greater than 25 meters in length, or those which have 



aluminum hulls, 

 o Requires a public education program, 

 o Violations are Class I misdemeanors, paint in violation may be 



seized. 



Virginia Department of Agriculture adopted Emergency Regulations that were 

 enacted into law which: 



o Defined acceptable leach rates for TBT paints at 5.0 ug/cm 2 /d 



at steady state conditions, 

 o Prohibited TBT paint on vessels less than 25 meters except 



aluminum hull boats. Vessels larger than 25 meters or aluminum 



hull boats may use TBT paint with acceptable leach rates, 

 o Cancelled registrations of all TBT based paints except certified 



acceptable leach rate paints tested in accordance with EPA 



testing procedures, 

 o Permitted sale of TBT paints (in 16 oz. aerosol cans) with 



acceptable leach rates, for use on outboard motors and lower 



units, 

 o Adopted under the administrative process to amend Code of VA 



[Feb. 27, 1987]. 



2.3.2.2 Maryland: Enacted [Maryland State Code Chapter 304]. 



o Defines acceptable leach rates to be 5.0 microgram per square 



centimeter per day at steady state conditions, determined in 



accordance with the U.S. Environmental Protection Agency Testing 



Procedure, 

 o A person may not distribute, possess, sell, offer for sale, 



apply, or offer for application any substance that contains TBT 



in concentrated form and that is labeled for mixing with paint by 



the user to produce an antifouling paint for use on a vessel, 

 o Bans the sale, distribution, possession or use of TBT antifouling 



paints except for commercial boatyards using TBT paints with 

 o acceptable leach rates an boats greater than 25 meters in length 



or that have aluminum hulls where the paint is applied only 



within the commercial boat yard, 

 o Permits sale to any person and use of acceptable leach rate TBT 



paints if sold in a 16oz. spray can for outboard motors or lower 



units, 

 o DQA may seize an antifouling paint used or possessed in violation 



of this bill, 

 o Establishes maximum penalty of $2,500 fine and seizure of paint 



for violation, 

 o Directs the development of water quality standards by Dec. 1, 



1988 for the concentration of TBT in waters of the state and the 



regulations of point sources releasing TBT in accordance with the 



water quality standard. 



11-15 



