AIM VOC Activities/Developments
Background
California Air Districts
In May 2019, the California Air Resources Board (CARB) updated its AIM Suggested Control Measure (SCM). In May 2020, CARB adopted additional amendments to the AIM SCM, including a new photovoltaic coating category and limit. Several air districts in California have adopted this recent AIM SCM, including San Joaquin Valley Air Pollution Control District (APCD), Monterey Bay Air Resources District, Mojave Desert Air Quality Management District (AQMD), Ventura County APCD, and San Diego APCD.
In addition, several California air districts recently issued proposed rule amendments or contingency measures to their AIM coatings regulations. This includes Northern Sierra AQMD, San Joaquin Valley APCD, and Sacramento Metro AQMD. The South Coast Air Quality Management District (SCAQMD) is also planning to amend to Rule 1113 (AIM) in mid-2024. ACA expects other California air districts to eventually adopt more stringent AIM coatings rules because of existing nonattainment areas in the state.
Exempt Solvents
Over 10 years ago, California’s South Coast AQMD exempted Tertiary Butyl Acetate (TBAC) as a VOC for industrial maintenance and certain auto-refinish coatings. In 2022, SCAQMD decided to prohibit the use of TBAC in Rule 1168 (Adhesive and Sealant Applications). In late-2023, SCAQMD shifted its focus to prohibiting the use of this compound in auto-refinish coatings (Rule 1151). The District intends to phase out the use of TBAC in all coatings, including AIM coatings (Rule 1113).
In addition to TBAC, SCAQMD also prohibited the use of the most widely used VOC exempt solvent in coatings: PCBTF. Like TBAC, the District already included provisions prohibiting the use of PCBTF in Rule 1168 products (industrial adhesives and sealants). SCAQMD shifted its focus to prohibiting the use of this PCBTF in auto-refinish coatings under Rule 1151 and will eventually prohibit its use in other rules when they are open for amendment (e.g., Rules 1113, 1143, etc.). This is problematic because several different coatings are formulated with PCBTF or TBAC.
Ozone Transport Commission (OTC)
The OTC is comprised of the Northeastern states. In June 2010, the Commission adopted the OTC Phase II Model Rule for AIM, which is based on CARB’s 2007 AIM SCM. ACA was able to convince the OTC to include higher VOC limits for certain categories and include additional niche coatings categories. Maryland, Delaware, Connecticut, Rhode Island, and New York have adopted the OTC Phase II Model Rule and VOC limits. In addition, New Jersey initiated a rulemaking to adopt the OTC Phase II Model Rule in early-2023. New Jersey DEP intends to issue a proposed rule soon.
Lastly, ACA expects the OTC to eventually develop an OTC Phase III Model Rule for AIM that will be based on CARB’s 2019/2020 AIM SCM. This would result in another round of lower VOC limits in the OTC region for AIM coatings.
Lake Michigan Directors Consortium (LADCO)
LADCO is comprised of the following Midwest states: Wisconsin, Illinois, Indiana, Michigan, Ohio, and Minnesota. The OTC Phase I Model Rule for AIM is in effect in a few LADCO states, including Illinois and Indiana. Regulators in Ohio and Michigan recently adopted the OTC Phase II Model Rule for AIM. ACA was heavily involved in both rulemaking processes.
Other State Activity
In late-2023, Nevada’s Clark County Department of Environment & Sustainability (DES) issued a draft AIM coatings rule for informal comment. The standards and requirements in Clark County DES’ draft AIM rule largely align with the OTC Phase II Model Rule for AIM.
Oregon’s Department of Environmental Quality (DEQ) informed ACA that they are in the early stages of developing VOC rulemakings for coatings, including architectural coatings. ACA and DEQ held a preliminary and informal meeting in January 2024 to discuss this effort.
Arizona’s Maricopa County Air Quality Department (AQD) recently issued proposed amendments to its architectural coatings rule (Rule 335). The proposed revisions largely align with the OTC Phase II Model Rule for AIM.
Lastly, air quality regulators in Washington, Idaho, and New Mexico indicated that they may propose AIM coatings regulations in the next few years. ACA will monitor this additional state activity and update the AIM VOC Committee.
ACA Action
ACA’s AIM VOC Committee will continue to monitor state and local AIM coatings regulatory activities and advocate for reasonable standards and requirements.
California Air Districts
In January 2024, California’s Northern Sierra AQMD published a contingency measure in its air quality regulations that will trigger implementation of a new AIM Rule (Regulation II-230) if the district fails to meet federally mandated air quality standards by specified dates. In other words, the new rule will not take effect until either:
- 60 days after the EPA’s final determination that Western Nevada County has failed to meet a reasonable further progress (RFP) milestone, or
- 60 days after the EPA has determined Western Nevada County has failed to reach attainment by Aug. 3, 2027.
The contingency measure also only applies to architectural coatings supplied, sold, offered for sale, applied, solicited for application, or manufactured for use within the Western Nevada County. The standards and requirements align with CARB’s latest AIM SCM.
In March 2024, the Sacramento Metro AQMD proposed changes to Rules 442 (Architectural Coatings). The proposal will add a contingency measure that, if triggered, would automatically establish more stringent requirements for AIM coatings that are consistent with CARB’s 2019 AIM SCM. The “Contingency Measure Trigger Date” is the effective date of an EPA final rule finding that Sacramento’s nonattainment area fails to the meet RFP in a milestone year or attain the standard by the attainment year of either the 2008 or 2015 NAAQS for ozone. The proposed amendments will have no effect on compliance with the current rule unless the contingency measure provisions are triggered. In the event the district anticipates that the contingency measure provisions may be triggered by an EPA determination, SMAQMD will begin outreach and coordination with industry to ensure they are informed and prepared for the new requirements. Lastly, Sacramento Metro AQMD held a stakeholder workshop on April 18 to discuss the proposal with ACA, industry, and other affected individuals.
In March 2024, California’s San Joaquin Valley APCD published its proposed ozone contingency measure state implementation plan revision for the 2008 and 2015 8-Hour ozone standards. Among others, the proposal includes the elimination of the small container exemption in Rule 4601 (Architectural Coatings). The removal of the small container exemption would only be triggered if EPA issues a final rule indicating that the San Joaquin Valley APCD failed to meet a regulatory requirement for the 2008 ozone standard that necessitates implementation of a contingency measure.
Lastly, during a workshop for Rule 1151 (Auto-Refinish) in December 2023, California’s South Coast AQMD informed stakeholders that future rule development for architectural coatings (Rule 1113) was anticipated to begin in early-2024. ACA commented that many of its member companies are regulated by both Rule 1151 (Auto-Refinish) and Rule 1113 (AIM). While ACA and industry recognize that SCAQMD is under pressure to amend these rules for various reasons, ACA asked SCAQMD to consider holding off on beginning the amendment process for Rule 1113 until at least the public hearing for Rule 1151. This will allow industry to focus on each rule individually and ensure the amendments to them are reasonable and practical. SCAQMD was receptive and ACA was notified that the District “shuffled around the rule projects a little bit so the amendment to Rule 1113 will not begin until the second or third quarter of 2024, likely for a 2025 rule adoption.” The intent is to give industry a little breathing room with these important rulemakings. With that said, ACA expects the rule development process for AIM coatings (Rule 1113) to begin in mid-2024.
Exempt Solvents
ACA continues to monitor the prohibition of PCBTF and TBAC in coatings. As mentioned, SCAQMD already prohibited the use of PCBTF & TBAC in industrial adhesives and sealants (Rule 1168) in 2022. In late-2023, the district shifted its focus to prohibiting these compounds in auto-refinish coatings (Rule 1151). SCAQMD will eventually phase out the use of PCBTF and TBAC in other coatings rules when they are open for amendment (e.g., Rules 1113, 1136, 1143, etc.). Based on SCAQMD’s regulatory direction, ACA continued to encourage its members to think about the implications on other coatings rules. For example, what categories in the various coatings rules may be impacted by a prohibition of PCBTF & TBAC? Would VOC limits need to be increased or revised? If so, what is a reasonable VOC limit? How long should industry have with the sell-through and use-by provisions? Although certain rules are not currently open for amendment, these questions need to be considered now so industry is fully prepared when the District starts working on these rulemakings in the next few years.
With that said, prohibiting the use of PCTBF & TBAC in those other coatings rules will present challenges: mainly timing and whether certain categories need revised VOC limits to account for the loss of the use of these two solvents. Although SCAQMD may be willing to raise several category limits to account for the losses of these compounds, the District may need to lower other category limits to be VOC “net neutral.” As a result, we may see lower VOC limits in various coatings rules at SCAQMD in the future. SCAQMD will continue to evaluate and discuss the impact of the prohibition/ban on the use of TBAC and PCBTF in the coming years. Additional information on ACA’s efforts can be found in the PCBTF Advocacy board book.
Ozone Transport Commission (OTC)
ACA will continue to monitor AIM coatings rulemakings in the Northeast and advocate for consistency with the OTC model rule. Notably, ACA will participate in NJ DEP’s AIM rulemaking to ensure the standards and requirements are reasonable for industry.
Lake Michigan Air Directors Consortium (LADCO)
The Michigan Department of Environment, Great Lakes, and Energy (MI EGLE) recently developed a new rule for AIM coatings based on the OTC Phase II Model Rule. ACA was in regular contact with MI EGLE urging them to adopt provisions consistent with the OTC model rule. The department was receptive to ACA’s comments and the final rule language incorporated the OTC model rule by reference. However, the final rule included a retroactive compliance date so that Michigan could meet its SIP requirements mandated by U.S. EPA. Despite a retroactive compliance date, ACA was able to persuade the department to clarify that no enforcement is planned for the near future and industry should comply as soon as reasonably possible. In addition, the sell-through provision from the OTC Model Rule is incorporated by reference which will provide additional time for industry to use up its existing product in the state before transitioning to the OTC Phase II compliant products.
Other State Activity
In Nevada, ACA submitted three sets of comments to Clark County DES. In its comments, ACA urged the department to incorporate language consistent with the OTC model rule. Notably, ACA spotted several inconsistencies between Clark County’s proposed rule and the OTC model rule, including errors with definitions, the sell-through provision (only one year instead of three), and labeling requirements. In addition, ACA urged Clark County DES to include a reasonable compliance date. ACA expects a formal proposal to be issued for public comment in 2024.
In January 2024, ACA and Oregon DEQ held a preliminary and informal meeting to discuss an upcoming VOC rulemaking for coatings in the state. During the meeting, DEQ indicated that a rule for AIM coatings will be considered. ACA encouraged alignment with the OTC Model Rule, and DEQ seemed receptive to the idea. The rulemaking advisory committee (RAC) is expected to be established in Spring 2024. ACA is included on the RAC, and a formal proposal is expected after it is established.
In March 2024, Arizona’s Maricopa County Air AQD issued proposed amendments to Rule 335 (Architectural Coatings). The proposed revisions largely align with the OTC Phase II Model Rule for AIM. Maricopa County AQD also held a stakeholder workshop on April 4, 2024. ACA encouraged full alignment with the OTC model rule.
ACA will continue to monitor these rulemaking activities, as well as any regulatory efforts in other states, and advocate for reasonable standards and requirements for industry.
ACA Staff
Rhett Cash
Counsel, Government Affairs