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Members Only Architectural Coatings Pulse: Q3 2020

ACA Industry Pulse| Architectural Coatings, 2020 Q3 Page 1 | October 5 , 2020 Architectural Coatings Q3 2020: DIY Demand Continues to Grow – PRO Market Starts to Recover After […]

Use of Copper-Based Antifouling Paint: A U.S. Regulatory Update

[…] the use of copper, while such restrictions have heretofore been confined to the states of Washington and California, and a handful of municipalities in the United States. This trend, should it continue, threatens the use of proven antifouling technology on recreational boats—posing larger economic questions not only for the boating public whose vessels require effective antifouling bottom paint to curtail higher fuel consumption and hull maintenance costs linked to friction and drag as the result of biofouling accumulation—but also for port districts, municipalities, and marinas that must bear the cost of containing invasive species. Manufacturers continue in their efforts to provide effective (and compliant) copper and copper-free antifouling bottom paint products to meet customer requirements in an ever-changing regulatory environment. As a sequel to the September 2016 CoatingsTech article entitled, “Marine Coatings: Making Sense of U.S., State, and Local Mandates of Copper-Based Antifouling Regulations,” this article reviews recent legislative actions, explaining the ramifications of new and pending legislation from various perspectives. The authors conclude with what the future holds for antifouling bottom paint. RECENT DEVELOPMENTS Copper-based antifouling paint came under scrutiny by regulatory authorities in San Diego, CA, when the Shelter Island Yacht Basin was found to have levels of copper exceeding the 3.1 mg/L limit permitted under The Clean Water Act (CWA). Numerous actions have been instituted or investigated, including requiring hull cleaning divers to use best management practices, encouraging and testing the use of alternative coatings, and establishing alternative but environmentally protective water quality standards, as part of the solution toward bringing the harbor into regulatory compliance for copper by 2022. Nevertheless, the use of copper-based antifouling bottom paint for recreational vessels has been under further scrutiny by Washington, California, and the U.S. EPA. The State of Washington—Ssb 5436 (April 2011) Biocidal paints must be registered with the U.S. EPA and the Washington State Department of Agriculture (WSDA). WSDA staff review labels and documents from manufacturers for compliance with state law. Selected data are stored in the Pesticide Information Center Online (PICOL) Database (Washington State University, 2017). In 2011, the Washington State Legislature passed the Recreational Water Vessels—Antifouling Paints Law, Revised Code of Washington (RCW) Chapter 70.300, to phase out the use of copper-based antifouling paints on recreational boats. A recreational vessel is defined in the law as being no more than 65 feet in length, and used primarily for pleasure boating. As of January 1, 2018, Washington law bans the sale of new boats with copper-based antifouling paint. However, the state of Washington has proposed legislation—to be considered in the legislative session that began January 8, 2018—which would delay this ban until January 1, 2021. While the bill is being considered by the Legislature, state resources will not be dedicated to enforcement. If the Legislature chooses to leave the ban in place, state officials have indicated they will “reprioritize and start enforcing the ban as needed and as resources permit.” >Why has the state of Washington delayed the ban? State officials concluded there is not […]

Members Only UPDATED Q1 2020: Architectural Coatings Pulse

ACA Industry Pulse| Architectural Coatings, 2020 Q1 REVISED Page 1 | May 4, 2020 Architectural Coatings 2020: Update 5-4 -20 Forecast Based on Updated COVID-19 Impact Statistics Introduction The American […]

Members Only Architectural Coatings Pulse: Q4 2020

ACA Industry Pulse | Architectural Coatings, 2020 Q 4 Page 1 | January 4 , 2021 Architectural Coatings Q4 2020 : Net i ndustry growth driven by a strong housing […]

Members Only PSC Oct 2020 Presentation Slides

[…] Plastics / Microplastics • Canada Plastics Assessment and Proposal • EU Developing Microplastics Ban V. Washington Safer Consumer Products VI. PFAS • Federal legislative initiatives • State initiatives • Washington PFAS Action Plan VII. Brief International Issues • EU phase out of Alkyl Phenol Ethoxylates • Classification of TMP • Mexico’s Label Change VIII. TSCA Risk Evaluations and Risk Mitigation • Final risk evaluations • Risk Mitigation • 20 HP Scoping Doc’s • EPA Exposure Assessment Methods / Data Needs • Upcoming TSCA activities IX. TSCA Fees X. EPA Antimicrobial Reviews XI. ACA Big Data Project XII. Suggestion regarding an ACA Chemical Monitoring Tool and CPCA Monitoring Antitrust Safety Moment Winter 2020 • ACA Antitrust Compliance Statement – avoid “red flag” topics of price and other non-public competitively sensitive information; – prohibited conduct includes bid rigging, bid rotation, or otherwise distorting the bid process • DOJ Procurement Collusion Strike Force (announced Nov. 2019) – targets collusion and bid -rigging in federal, state and local taxpayer -funded projects – DOJ to train procurement officials nationwide to recognize and report suspicious conduct, as well as aggressively investigate and prosecute FEDERAL LEGISLATIVE ISSUES FIFRA Reform Protect America’s Children from Toxic Pesticides Act (H.R. 7940, S. 4406) • Suspend registration of pesticides banned in the EU or Canada, conduct expedited review against hazards listed below. • Suspend registration where a pesticide has not completed registration review within 15 years of registration and the pesticide is found to be “dangerous”. • “Dangerous” means: • Carcinogenic • Acutely toxic • Endocrine disruptor • Cause harm to the fetus or pregnant women • Cause neurological or developmental harm • Cancel conditional registrations • Report to legislature on number of conditional registrations • Cancel sale or use of existing stocks upon cancellation of registration (Sec. 6) Plastics Legislation • Break Free From Plastic Pollution Act (Udall) – HR 5845 • Recycle Act (Portman) – S. 2941 • Save our Seas (115 th /116 th ) – S. 1982 EPA America Recycles Program Signatories agree to work with EPA to advance recycling programs. Draft National Recycling Strategy : 1. Reduce contamination in recycling 2. Increase processing efficiency 3. Improve Markets More information: EPA America Recycles Webpage State Legislative Issues Plastics Legislation • Vermont H. 269 –Did not pass – Requires agency to develop EPR program financed by producers – Requires registration and labelling to distribute consumer products in single -use plastic packaging. • Maine LD 2104 -Did not pass – Required agency to develop EPR program financed by producers • New Jersey S. 2515 –Still pending – Requires rigid plastic containers to be 35% recycled content AB 1080(Gonzalez) /SB 54 (Allen) California Circular Economy and Plastic Pollution Reduction Act Position: Neutral as Amended Status: Failed to Pass • Wouldhavecreated theCalifornia CircularEconomy andPlastic Pollution Reduction Acttoachieve a75% reduction insingle usepackaging by2032 • Would haverequired CalRecycle toadopt regulations thatwould have: • Required single-use plastic packaging andsingle-use plastic products tobe source reduced/recyclable/compostable by2032 (phased inrates/dates) • Authorized CalRecycletoimpose ahigher orlower recycling rates • Established theCalifornia CircularEconomy Regulatory Fee–to be paid forbymanufacturers • Allowed existing/new stewardshiporganizations tocomply withtherequirements ofthe Act • Amended in2020 toincluded partiallyorentirely plasticpackaging AB 2276 (Reyes) Audit Recommendations Related to the Childhood Lead Poisoning Prevention Program (CLPP) Lead Blood Screening – CONT. Position: Watch Status: Signed by the Governor • Thepackage ofbills introduced toimplement thefollowing recommendations weremerged intoAB2276 ,which willprovide for :  Better monitoring andrecord -keeping oftested children  Identification ofthe highest priority geographical areasforusing resources toalleviate leadexposure  Local prevention programs  Proactiveabatement  Updateallocation formulatotake intoaccount mostrecent dataforthe number ofchildren withleadpoisoning ineach jurisdiction DTSC -California Safer Consumer Products Proposed and Listed Products 1. PFAS (Proposed) • In Carpets and Rugs • Treatments for converted textiles or Leathers • Food packaging (Proposed Jan. 2020) 2. NMP in Paint and Varnish Strippers and Graffiti Removers (Proposed) 3. Toluene in nail products (Proposed) 4. Methyl Methacrylate in nail products (Proposed) 5. Nonylphenol Ethoxylates (NPEs) in Laundry Detergents (Proposed) DCM (Methylene Chloride) in paint or varnish stripping products (final listing), effective Jan 2019 OEHHA Prop. 65 Considers Nano -TiO2 as a Repro. Tox. Developmental and Reproductive Toxicant Identification Committee (DARTIC) considers listing 22 chemicals as reproductive toxins including: • Titanium dioxide n anoparticles(1-100 nm) • 4 PFAS chemicals • Diethyl Phthalate DARTIC public meeting on December 10 DARTIC Prioritization Document Comment due November 16 • PCBTF -one of the most widely used VOC “exempts” • June 28, 2019 OEHHA added PCBTF to the Proposition 65 list of chemicals -labelling requirements -June 28, 2020 • OEHHA to release final PCBTF unit risk factor in a few months • SCAQMD to utilize OEHHA unit risk factor and conduct risk assessment likely start 2021 -may pull VOC exemption • SCAQMD to address PCBTF and TBAC exemption (autorefinish and Industrial Maintenance) at the same time • ACA PCBTF Workgroup PCBTF (Oxsol 100)/TBAC • Timing – SCAQMD is very busy – Unless NGO or Board member request action –not a high priority • Survey –for each Rule where PCBTF is used, SCAQMD would conduct a survey to determine: – Number of products using PCBTF – PCBTF concentration – Are alternatives available? • Conduct one or more risk assessments (HRA, EA) • If alternatives are available, maintain current VOC limits • If alternatives are not available, possibly increase VOC limits and find reductions elsewhere (else backsliding) • Compliance timeframe? SCAQMD’s Next Steps 15 • ACA has been contacting other organizations and groups to build coalition: – US Navy • many ship coatings use PCBTF • concerned about alternatives • need flash point > 100°F – Los Angeles Water and Power Authority – Roof Coating Manufacturers Association (RCMA) – Single Ply Roofing Institute (SPRI) – Aerospace Industry Association (AIA) – The Walt Disney Company Coalition Building 16 • Rule 442.1: Usage of Solvent • Rule 1107: Coating of Metal Parts and Products • Rule 1124: Aerospace Assembly and Component Manufacturing Operations • Rule 1136: Wood Products Coatings • Rule 1145: Plastic, Rubber, Leather, and Glass Coatings • Rule 1171: Solvent Cleaning Operations Proposed • Rule 442.1 will prohibit the sale, distribution, and application of materials that do not meet the limits in above rules • Review VOC limits and amendments may also be needed to prohibit circumvention of VOC limits Upcoming Regulations California Adopts Definition of Microplastics • ‘Microplastics in Drinking Water’ are defined as solid polymeric materials to which chemical additives or other substances may have been added, which are particles which have at least three dimensions that are greater than 1nm and less than 5,000 micrometers (µm). Polymers that are derived in nature that have not been chemically modified (other than by hydrolysis) are excluded. • The definition includes footnotes further defining, “solid,” “polymeric materials,” “particles” and specifications for dimensions. International Plastics and Microplastics Canada Study on Plastics and Microplastics EU SAEC Draft Opinion on a Microplastics Ban More Plastics / Microplastics Canada • Canada: Final Science Assessment in Gazette 1, Oct. 7, 2020 suggests listing “plastics” under CEPA Schedule 1: – “microplastics”: plastic particles less than or equal to 5 mm in size are defined as microplastics, – ” macroplastics”: plastics greater than 5 mm are defined as macroplastics. – ACA coalition letter in opposition, May 1, 2020 – Additional coalition letter in development – Coordinate with Canadian Paint & Coatings Association • Proposal to list “plastic manufactured items” in Schedule 1 of CEPA –Oct. 10, comment by Dec. 9 o No official definition of “plastic manufactured items” as regulatory text o Plastic manufactured items are any items made of plastic formed into a specific physical shape or design during manufacture, and have, for their intended use, a function or functions dependent in whole or in part on their shape or design. o https://www.gazette.gc.ca/rp -pr/p1/2020/2020- 10-10/html/reg1- eng.html • ECCC host a webinar series to discuss science assessment and proposal o Register by Oct. 29: https://www.surveymonkey.com/r/plastics -plastiques Canada Draft Science Assessment on PlasticsComments • Regulatory action must be based on a risk assessment • Draft assessment fails to consider individual plastic products, resins, types of packaging or types of plastic polymers and their impact • A broad listing under CEPA, Schedule 1 (“Toxic Substances List”) is not adequate • Listing does not consider circular economy considerations, e.g. alternatives and overall product management. • A stand-alone piece of legislation to evaluate and determine appropriate regulatory action would be more effective. ECHA Working Towards a Ban of Microplastics ECHA Proposal to Ban MicroplasticsWorld Coatings Council Comments • Overly broad definition of “microplastics” “microplastic” means particles containing solid polymer, to which additives or other substances may have been added, and where 1% w/w of particles have: (i) all dimensions 0.1µm (100nm) ≤ x ≤ 5 mm, or (ii) for fibres, a length of 0.3 µm ≤ x≤ 15 mm and length to diameter ratio >3 • Industrial uses should be excluded • Reporting requirements are redundant for industrial use […]

Members Only Industrial Coatings Pulse: Q2 2020

ACA Industry Pulse | Industrial Coatings , 2020 Q2 Page1 | July 2020 Industrial Coatings 2020-2021 : Estimating a V-Shaped Curve for COVID -19 Impact on Manufacturing Forecast Based on […]

Members Only Industrial Coatings Pulse: Q4 2020

ACA Industry Pulse : Industrial Coatings , 2020 Q4 Page 1 | January 4, 2021 Industrial Coatings 2020-2022 : Manufacturing Responds to Housing Market Surge Forecast Based on Economic Indicator […]