PCBTF Advocacy
Background
PCBTF (also known as Oxsol 100, parachlorobenzotrifluoride, and p-chloro-a,a,a-trifluorotoluene) is the most widely used exempt solvent in the coatings industry. PCBTF is used in field applied architectural and industrial Maintenance (AIM) coatings; marine coatings; auto-refinish coatings; factory-applied metal, plastic, and wood coatings; and in some adhesives and consumer products. The extensive use of PCBTF in industry products is largely because, in 1994, the U.S. Environmental Protection Agency (EPA) exempted PCBTF from its list of volatile organic compounds (VOCs). In addition, PCBTF has more favorable characteristics than other exempt compounds (e.g., it evaporates slower and has a higher flash point and is therefore less flammable than other exempt VOCs, including acetone).
Several air districts in California, including the South Coast Air Quality Management District (SCAQMD), have been able to lower their coatings VOC limits based on the continued use of PCBTF in a host of products, including various coatings and adhesives. SCAQMD regulates air quality in Los Angeles and leads the nation is the most stringent regulation of VOC.
Notwithstanding PCBTF’s exempt-VOC status, over the past couple of years, this solvent has been the target of increased regulatory scrutiny. In 2017, the National Toxicology Program (NTP) determined PCBTF to be a potential carcinogen. Based on the NTP report, in 2018, SCAQMD asked the California Office of Environmental Health and Hazard Assessment (OEHHA) to evaluate the health data regarding the cancer potency of PCBTF. In June 2019, OEHHA added PCBTF to the Prop 65 list of toxic chemicals. Prop 65 requires individuals to provide warnings prior to exposure to a chemical identified by the State of California to cause cancer or reproductive harm. In August 2020, OEHHA adopted the final cancer inhalation unit risk factor for PCBTF.
ACA Action
In December 2022, SCAQMD amended Rule 1168 (Adhesive and Sealant Applications). Notably, the final rule prohibits the use of PCBTF and TBAC in industrial adhesives and sealants subject to Rule 1168. SCAQMD’s final amendments include sell-through and use-by provisions for products containing PCBTF and TBAC, as well. The final rule also allows certain categories to maintain higher VOC limits due to the prohibition of PCBTF and TBAC.
In November 2023, SCAQMD kicked off its rulemaking process for Rule 1151 (Auto-Refinish). The first working group meeting was followed up with an industry survey on the use of PCBTF and TBAC in auto-refinish coatings. ACA and its auto-refinish coatings members have been actively engaged throughout the early stages of this rulemaking process. It is clear that SCAQMD’s primary objective is to phase out the use of PCBTF and TBAC in coatings. In fact, the District’s Stationary Source Committee directed staff to prioritize lowering toxicity even if it results in higher VOC emissions. Industry is working hard with ACA and SCAQMD to ensure a reasonable outcome.
In late-2023 and early-2024, SCAQMD held a series of working group meetings on proposed amendments to Rule 1151 (Auto-Refinish). The district also issued a coatings manufacturer survey for those companies with products subject to Rule 1151. The intent of the survey is to assist SCAQMD in understanding the extent to which PCBTF and TBAC are used to formulate compliant products. The survey results will be used to help guide the district in evaluating VOC content limits and proposing PCBTF and TBAC prohibition timelines.
In January 2024, ACA scheduled a call with industry and SCAQMD to assist in gathering information for the survey and understand the direction of this rulemaking effort. It was a productive meeting that led to SCAQMD’s second working group meeting where the district provided an update on key proposed rule provisions and potential paths forward for the prohibition of PCBTF & TBAC in auto-refinish coatings. One option that SCAQMD is exploring is increasing VOC limits for an interim period of time that are based on European and/or U.S. EPA National AIM Rule standards. This would allow the district to phase out PCBTF & TBAC quickly while still ensuring industry can provide effective products in southern California. Although the increase to VOC limits would be temporary, the district assured industry that it will allow sufficient time for reformulation of products that comply with future lower VOC limits.
SCAQMD is currently evaluating the survey results and industry input. A formal proposal is expected in Q2 2024. The next steps of SCAQMD’s Proposed Amended Rule 1151 process include:
- Development of PCBTF & TBAC prohibition timelines;
- Development of interim and future VOC content limits, as well as future effective dates;
- A full assessment of the best achievable retrofit control technology (BARCT), including cost-effectiveness; and
- Additional working group and individual stakeholder meetings.
SCAQMD anticipates a public hearing on Proposed Amended Rule 1151 (Auto-Refinish) in late-2024.
Lastly, during a workshop for Rule 1151 (Auto-Refinish) in December 2023, SCAQMD 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.
Other coatings rules will also see a phase out of the use of PCBTF and TBAC when they are open for amendment, including Rule 1136 (Wood Coatings) and Rule 1143 (Paint Thinner & Multi-Purpose Solvents). SCAQMD recognizes that prohibiting the use of PCTBF and TBAC in coatings will present challenges: mainly timing and whether certain categories need revised VOC limits to account for the loss of the use of PCBTF & TBAC. ACA continues to encourage its members to think about the implications of SCAQMD’s decision to phase out the use of these compounds in coatings. 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 for the sell-through and use-by provisions? These questions need to be considered so industry is fully prepared when the District starts working on other rulemakings in the next few years. SCAQMD will continue to evaluate and discuss the impact of a PCBTF and TBAC prohibition/ban in other coatings rules in the coming years.
PCBTF Coalition
While a raw material supplier company would typically coordinate advocacy efforts to maintain PCBTF as a compound used in coatings formulations, including filing comments, there are no domestic manufacturers of PCBTF (all production occurs in China). To fill this void, ACA formed a PCBTF coalition comprised of coating, adhesive, and sealant manufacturers, industry associations, and end-users. ACA will continue to coordinate industry advocacy efforts and comment on any PCBTF changes that may be proposed in the future. If a regulatory agency does attempt to prohibit the use of PCBTF or remove its exemption status, ACA will urge the agency to increase VOC limits and provide ample time for coatings manufacturers to reformulate their products and sell-through/use existing stock.
ACA Staff
Rhett Cash
Counsel, Government Affairs