On Oct. 26, ACA submitted comments to the Michigan Department of Environment, Great Lakes, & Energy (MI EGLE) on the Sept. 26 proposed rule package related to volatile organic compound (VOC) emissions. The proposal includes amendments to Michigan’s consumer products rule, as well the state’s VOC rule for Architectural and Industrial Maintenance (AIM) coatings.

For its Consumer Products rule, MI EGLE is proposing to incorporate the standards and requirements from the Ozone Transport Commission’s (OTC) Phase IV Model Rule for Consumer Products (by reference).

While Michigan’s proposal includes a compliance date of Jan. 1, 2023, ACA’s comments urged the department to adopt a compliance date of one year from the date of adoption of a final rule for the various coatings rules included in the proposed rule package. ACA underscored that its members require sufficient lead time to adjust formulations and supply chain processes in order to ensure compliance with new VOC limits, labeling, and reporting requirements. The proposed Jan. 1, 2023 compliance date will not allow the coatings industry sufficient time to adjust production, labeling, and distribution networks to efficiently and effectively implement the new rule’s requirements.

Background

Prior to the proposal, ACA and its Consumer Products Committee had urged via comments that MI EGLE to adopt amendments to its Consumer Products Rule consistent with that iteration of the OTC Model Rule. ACA has also advocated for similar adoption of the Phase IV Model Rule for Consumer Products in Ohio, New York, and New Jersey.

The proposed amendments to Michigan’s VOC rule for AIM coatings would incorporate the standards and requirements from the OTC Phase II Model Rule for AIM (by reference). Prior to the proposal, ACA and its AIM Coatings Committee had urged MI EGLE to adopt provisions consistent with the OTC Phase II Model Rule for AIM, as it had across other states, including Ohio and New Jersey. Like the Consumer Products rule, the proposal includes a compliance date of Jan. 1, 2023.

ACA will remain engaged through the rulemaking process via its AIM VOC and Consumer Products Committees.

Contact ACA’s Rhett Cash for more information.