U.S. Auto Refinish Coatings HAP/VOC Standards Update

environment

Background

Unlike consumer products and architectural coatings, the regulatory landscape for aerosol coatings has historically been relatively simple. There are two primary regulating agencies that govern aerosol coatings: the California Air Resources Board (CARB) and the U.S. Environmental Protection Agency (EPA). CARB has sole authority to regulate aerosol coatings in California, and EPA has the authority to regulate aerosol coatings nationwide. Both CARB and EPA’s regulations are reactivity-based (maximum incremental reactivity (MIR) values).

In early-2005, ACA’s Consumer Products Committee petitioned EPA to adopt a nationwide regulation for aerosol coatings based upon the California model. As a result, in 2008, EPA finalized a national rule that largely mirrored California’s rule.

However, in September 2013, CARB unanimously adopted significant amendments to its aerosol coatings regulation because of continued advances in scientific research. The rulemaking process was completed in September 2014, which included proposed amendments to the regulation and a revised table of MIR values. Consequently, as of January 1, 2017, the amendments are enforceable in California.

 

ACA Activity

The impact of CARB’s amendments has been substantial on the aerosol coatings industry. There were no longer consistent, uniform categories or standards for aerosol coatings throughout the country. EPA’s standards were outdated and no longer aligned with CARB’s limits. Thus, a significant compliance challenge arose as there were two different MIR values for a single compound: one that needs to be employed for compliance calculations in California and a different one that will apply for the EPA national rule. This has complicated classification and labeling issues for aerosol coatings members.

As a result, ACA pressed EPA to address these issues. In 2017, ACA developed and submitted three petitions for rulemaking to EPA urging the agency to update its aerosol coatings rule. On September 17, 2021, U.S. EPA issued proposed amendments to the national aerosol coatings rule. The agency’s action was due, in part, to the petitions submitted by ACA. Notably, EPA proposed the following changes:

  • Update the product-weighted reactivity limits by coatings category;
  • Update the MIR values for several aerosol coatings compounds;
  • Add new compounds and reactivity factors;
  • Revise the default reactivity value (18.50);
  • Amend the thresholds for compounds regulated by the rule; and
  • Add electronic reporting provisions.

ACA developed and submitted extensive comments to EPA in November 2021. ACA expressed general support for the proposed amendments, especially the agency’s stated goal of promoting consistency and uniformity with California’s aerosol coatings rule and standards. The proposed amendments are largely consistent with CARB’s Aerosol Coatings Rule and Table of MIR Values.

More specifically, ACA supported U.S. EPA’s proposal to update the product-weighted reactivity limits for aerosol coatings categories; add new compounds and reactivity factors; update existing reactivity values; revise the default reactivity factor; amend the thresholds for regulated compounds; and add electronic reporting provisions. ACA also requested additional changes to the rule, including updated definitions, reasonable compliance dates, and less burdensome reporting and administrative requirements.

U.S. EPA is expected to issue a final rule in Spring 2024. Once finalized, the amendments will alleviate classification and labeling issues for the aerosol coatings industry who currently have to comply with two different regulatory standards. The final rule amendments will also improve air quality throughout the country by further decreasing the contribution of aerosol coatings to ozone formation. ACA is pleased that EPA responded to its petitions for rulemaking and will continue to work with the agency to reduce the burdens associated with national aerosol coatings rule.

ACA Staff

Rhett Cash
Counsel, Government Affairs