Environment

California DTSC’s Proposal to Add Microplastics to the Candidate Chemicals List

environment

In July 2023, California’s Department of Toxic Substances Control’s (DTSC’s) Safer Consumer Products (SCP) Program put forth a proposal to add microplastics (MPs) to its Candidate Chemicals List. If included on the Candidate Chemicals list, the DTSC would be able to evaluate consumer products that contain microplastics or have the potential to release microplastics. The proposed definition for microplastics does not distinguish between primary or secondary microplastics. ACA submitted comments opposing the proposal citing that DTSC is exceeding their statutory authority granted to the SCP, microplastics are not a chemical class, and the proposed microplastics definition is not aligned with current global definitions.

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EPA ANPRM on Used Drum Management and Reconditioning

environment

EPA recently announced an advanced notice of proposed rulemaking (ANPRM) on used drum management and reconditioning and is seeking comments on regulatory and non-regulatory options to minimize risks to human health and the environment during the entire lifecycle of used containers of hazardous materials. ACA Staff is working through the Transport Committee and the Environmental Management Committee to gather input and comments from its members on the potential impact to the coatings industry.

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Universal Waste Petition to EPA

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ACA and PaintCare are jointly petitioning EPA 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.

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Extended Producer Responsibility Update-Packaging and HHW

environment

An increasing number of states have proposed and passed extended producer responsibility (EPR) laws. California, Colorado, Maine, and Oregon have passed EPR laws addressing plastic packaging. Vermont recently passed an EPR law on household hazardous products. Rulemaking efforts are continuing across these states, and ACA staff continues to monitor these activities to keep members updated on the status of these laws.

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