The organization represents paint and coatings manufacturers, raw materials suppliers, distributors, and technical professionals. ACA serves as an advocate and ally for members on legislative, regulatory, and judicial issues, and provides forums for the advancement and promotion of the industry through educational and professional development services.
Architectural and Industrial Maintenance (AIM) VOC Regulations
The ACA, through its AIM VOC Committee, tracks advocates and provides compliance assistance on the various AIM
California AIM VOC Regulations
On May 23, 2019, the California Air Resources Board (CARB) adopted a new “2019” Suggested Control Measure (SCM) for Architectural and Industrial Maintenance (AIM) coatings.
Many of the 35 California Air Districts will eventually utilize the CARB AIM SCMs to develop their future AIM rule revisions.
In addition, the Northeast Ozone Transport Commission (OTC) states will likely also utilize the new SCM in the development of lower AIM VOC limits in the Northeast states in the future (OTC Phase III). This rulemaking could also impact many green building standards since green building standards tend to reference the CARB AIM SCMs.
The new “2019 CARB AIM SCM” includes 13 VOC limits based on the California South Coast Air Quality Management District (SCAQMD) AIM Rule 1113, including exterior/dual stains 100 g/l; nonflat coatings 50 g/l; floor coatings 50 g/l and colorants (50 g/l, 600 g/l solvent-based Industrial Maintenance and Wood Coatings colorants). Fortunately, based on ACA and industry comments,
CARB retained the current limits for Industrial Maintenance; Zinc Rich Primers; Metallic Pigmented; Rust Preventatives; Concrete Cure; and Graphic Arts.
On April 17, 2019, the San Joaquin Valley Air Pollution Control District was the first CA Air District to adopt the 2019 CARB AIM SCM. San Joaquin also adopted the SCAQMD Small Container Exemption (SCE) contingency measure. If San Joaquin does not meet the 2008 - 8-hour Ozone Standard in 2031 the SCAQMD SCE contingency measure would automatically kick in, including the elimination of 13 coating categories from the SCE, and for Flats, and Nonflats, lowering the SCE size from one liter to 8 ounces.
On May 28, 2020, CARB amended the 2019 AIM SCM by adding a new Photovoltaic Coating (600 g/l) that is applied to large solar panels to reduce dirt pickup and increase efficiency, which is referred to as the “2020 CARB AIM SCM.”
ACA expects as many as ten CA Air Districts to adopt either the 2019 or 2020 CARB AIM SCM in the near future.
Northeast Ozone Transport Commission States
On Dec. 31, 2019, the New York State Department of Environmental Conservation (NYSDEC) released its final emissions rule for Architectural and Industrial Maintenance (AIM) Coatings.
New York’s rule is based on the Northeast Ozone Transport Commission (OTC) Phase II model AIM rule limiting volatile organic compound (VOC) content.
Other OTC States that adopted the Phase II rule include Maryland, Delaware, Connecticut, and Rhode Island. New York deviates from the OTC model in that NYSDEC eliminated Floor Coatings from the small container exemption.
Also note, on May 20, 2020, Rhode Island proposed to increase the limits for Wood Coatings (current limit 275 g/l) and Specialty Primers (current limit 100 g/l) to 350 g/l, citing concerns that contractors are driving to Massachusetts to purchase higher VOC products.
PCBTF is the most widely used VOC “exempts” in the coatings industry.
In 2017, the National Toxicology Program (NTP) determined PCBTF to be a potential carcinogen. California to evaluate the health data regarding the cancer potency of PCBTF.
On June 28, 2019, the California Office of Environmental Health and Hazard Assessment (OEHHA) OEHHA added PCBTF to the Proposition 65 list of chemicals, companies would need to comply with the Proposition 65 labeling requirements by June 28, 2020.
OEHHA is to release a final PCBTF cancer inhalation factor in the next few months.
SCAQMD will likely utilize the IUR to complete a risk assessment in the future and ultimately could remove the PCBTF VOC exemption, resulting in many coatings products that utilize PCBTF to meet the stringent SCAQMD VOC limits to no longer be compliant.
ACA’s PCBTF Workgroup is tracking the OEHHA and SCAQMD PCBTF developments. If you utilize PCBTF and sell products in SCAQMD and are worried about the removal of the PCBTF exemption, contact David Darling (email@example.com).
Washington State “Safer Products for Washington” Program
In 2019, the Washington State Legislature directed DOE to implement a regulatory program to reduce toxic chemicals in consumer products, known as the “Safer Products for Washington.”
This program authorizes the Department of Ecology (DOE) to regulate classes of chemicals in consumer products.
The Legislature identified five priority chemical classes: flame retardants; Perfluoroalkyl and polyfluoroalkyl substances (PFAS); Polychlorinated biphenyls (PCBs); Phenolic compounds; and Phthalates. The law requires Ecology to identify priority consumer products that are significant sources or uses of the chemical classes.
As it relates to the coatings industry, DOE identified Food cans (bisphenols) and inadvertent PCBs in paints. Inadvertent PCBs (iPCBs) are PCBs that are not intentionally added to products but are instead produced as an unintended byproduct of the manufacturing process. Certain pigments/colorants may contain low concentrations of iPCBs.
The DOE will work over the next two years to identify alternatives and report back to the Legislature any proposed regulatory actions on June 1, 2022, and adopting any such regulations by June 1, 2023.
Ultimately Ecology could decide “no regulatory action is needed,” if alternatives are not available or feasible or they could possibly restrict the use of the certain can coatings or pigments that contain inadvertent PCBs.
ACA’s Product Stewardship Committee and PCB Workgroup are monitoring this issue and are engaged with Washington DOE.
ACA members can contact David Darling (firstname.lastname@example.org) with any questions.