On February 7, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule to lower the primary National Ambient Air Quality Standard (NAAQS) for fine/inhalable particulate matter (PM2.5). These standards will take effect 60 days after the final rule is published in the Federal Register. EPA’s final rule lowers the primary annual NAAQS PM2.5 emission standard from 12 micrograms per cubic meter (µg/m3) to 9 µg/m. The changes have potentially sweeping implications. The new standards could result in many areas of the country being designated as nonattainment, triggering significant new costs and control requirements for facilities with air permits located in those new nonattainment areas.

In February 2023, ACA and PaintCare jointly submitted a petition to EPA requesting the agency to consider adding “paints” to the federal universal waste rule. Although “paints” are not currently included in the federal universal waste rule, EPA had acknowledged back in 1993 that paint wastes might be a prime candidate for inclusion. Furthermore, several states have implemented state-level universal waste regulations that include paint wastes. Including “paints” into the federal universal waste rule would ease the regulatory burden experienced by paint manufacturers, paint retailers, paint haulers, and paint recyclers.

Since 2015 there has been an increasing focus on microplastics, given possible effects on the marine environment. In September 2023, the European Union recently adopted a restriction on products containing intentionally added synthetic polymer microparticles (microplastics). While the regulation will likely not restrict coatings due to the derogations set forth in the restriction, the regulation will still impact paint and coatings manufacturers by imposing labeling and reporting requirements on products that have the capacity to release or degrade into microplastics.

To help the World Coatings Council members respond to inquiries related to microplastics and the paint and coatings industry, ACA has contracted with Gradient, a U.S. based risk science consulting firm, to update the 2022 Microplastics Literature Search and create an updated state of the science report highlighting the currently available data on paint and microplastics. This report is anticipated to be released in Fall 2024. In 2022, California published a final Statewide Microplastics Strategy that includes 22 recommendations to reduce and manage microplastics. Following this report, CA recently introduced the CA AB 2214. The bill would require the Ocean Protection Council to establish and lead an interagency coordination group to identify and recommend statutory changes that are needed to implement the recommendations described in the Statewide Microplastics Strategy on or before March 1, 2025.

Extended Producer Responsibility (EPR) laws for packaging, plastics, and household hazardous waste (HHW) are being introduced by states across the country. Since 2021, four states—California, Colorado, Maine, and Oregon—have enacted plastics and packaging laws, and Vermont has enacted an HHW law. In addition, in February California introduced legislation for an HHW law. ACA successfully secured an exemption for architectural paint containers collected through the PaintCare program in the four states with packaging EPR laws and for architectural paint in Vermont. The California HHW bill has a similar exemption. While these exemptions are significant, other coatings products and their containers, as well as empty architectural coatings containers not collected by PaintCare, may be subject to these new laws. Rulemaking efforts are continuing across these states. ACA staff are monitoring and responding to these activities, while also evaluating alternative solutions, including expanding the PaintCare program to manage additional coatings products and packaging.

State and local agencies will continue to push for lower VOC Architectural and Industrial Maintenance (AIM) products as they attempt to meet existing and future State Implementation Plan (SIP) requirements. ACA will continue to monitor and advocate for reasonable AIM coatings rules in California, the Ozone Transport Commission (OTC) states in the Northeast, the Lake Michigan Air Directors Consortium (LADCO) states in the Midwest, and other states and local air districts out West.