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 adopted significant revisions to its reactivity standards for aerosol coatings in 2013, and these new standards came into effect in January 2017. As a result, there were no longer consistent, uniform categories and standards for aerosol coatings throughout the country because CARB’s standards were different than EPA’s standards. Consequently, ACA submitted three petitions to U.S. EPA asking the agency to update its aerosol coatings rule to align with CARB’s updated standards. In response to ACA’s petitions, U.S. EPA issued proposed amendments to the national aerosol coatings rule in September 2021. ACA developed and submitted extensive comments to EPA in November 2021. U.S. EPA is expected to issue a final rule soon.

States are under pressure to meet their state implementation plan (SIP) commitments, and emissions from consumer products will always be considered “low hanging fruit” since California regulates this source category more stringently than the rest of the country. OTC states, LADCO states, and several jurisdictions out West have tended to adopt the most recent standards from California. The OTC Model Rule for Consumer Products was amended in 2018 to stay consistent with California’s most recent standards, but that will continue to cause inconsistencies in regulations until all states choose to adopt the most recent standards, or until the U.S. Environmental Protection Agency (EPA) updates its regulation that would prevent this significant state activity and inconsistency altogether.

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 adopted significant revisions to its reactivity standards for aerosol coatings in 2013, and these new standards came into effect in January 2017. As a result, there were no longer consistent, uniform categories and standards for aerosol coatings throughout the country because CARB’s standards were different than EPA’s standards. Consequently, ACA submitted three petitions to U.S. EPA asking the agency to update its aerosol coatings rule to align with CARB’s updated standards. In response to ACA’s petitions, U.S. EPA issued proposed amendments to the national aerosol coatings rule in September 2021. ACA developed and submitted extensive comments to EPA in November 2021. U.S. EPA is expected to issue a final rule soon.

In the fall of 2023, EPA 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. ACA submitted a comment letter in November 2023 addressing ACA member’s concerns.

In March 2024, the Environmental Protection Agency (EPA) released the final rule on its “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention” that is otherwise referred to as the Risk Management Program (RMP) regulations (40 CFR Part 68). These revisions include several changes to the accident prevention program requirements, enhancements to the emergency preparedness requirements, improvements to the public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. These amendments seek to improve chemical process safety; assist in planning, preparedness, and response to Risk Management Program-reportable accidents; and improve public awareness of chemical hazards at regulated sources. The effective date of this final rule is May 10, 2024.