for more regulations to surface preparing a petition for rulemaking requesting that EPA harmonize on Green Chemistry, Recycling at least the Table of Reactivity Factors with the revised Table of Requirements and, of course, MIR Values in California. volatile organic compound As if these changes weren’t enough, there may still be some (VOC) issues. In California, regulatory activity in Canada for aerosol coatings. We will need to we will likely see a new emer- stay tuned to our neighbors in the North until this issue is clearly gence of enforcement actions resolved. on consumer products. CARB Aerosol adhesives will also face very difficult regulatory changes in enforcement is finding new and 2013 as well. The California Air Resources Board has proposed very innovative ways to track prod- aggressive mass-based VOC standards for the two general categories uct into the state. of aerosol adhesives: Mist Sprays and Web Sprays. Currently, the Finally, the election results standard is 65% volume by weight and 55% volume by weight re- will not help in our efforts in the spectively; but CARB has proposed that these standards be reduced South Coast Air Quality Man- to 30%. Should this proposed standard be adopted, it seems clear agement District (SCAQMD). that almost all products on the market will have to be reformulated We will find that dealing with as CARB’s survey data indicates that there are only 13 products the SCAQMD will likely be- Raymond that currently comply. come increasingly more difficult If CARB’s proposed standard for aerosol adhesives becomes the and “friends” in the legislature are on the decline. regulatory limit in California, manufacturers will face a retail land- scape that is governed by inconsistent standards. This will certainly Heidi McAuliffe, Esq., Senior Counsel, Government Affairs, present a supply chain management issue. And there will no doubt American Coatings Association, Inc. (ACA) be some effort by the Ozone Transport Commission (OTC) states along with the Lake Michigain Air Directors Coalition (LADCO) Regulatory Climate in 2013 for Aerosol Coatings states to consider adoption of this standard as well. & Aerosol Adhesives 2013 and beyond will bring significant challenges to manufactur- Mike Moffatt, Ph.D., Nexreg Compliance, Inc., ers of aerosol coatings and aerosol adhesives. In California, aerosol London, ON, Canada coatings will face stricter standards, a revised Table of MIR Values Perhaps the biggest change will occur north of the border, when and more active enforcement from CARB, which is currently in the Canada enacts their version of the Globally Harmonized System midst of a landmark rulemaking (GHS). Rules for material for aerosol coatings. You will recall safety data sheets (MSDSs) that the aerosol coatings reactivity and workplace labels will be regulation, the first of its kind, was altered drastically, likely at the adopted in the late 1990s and this end of 2013. We are expecting will be the first significant change a two-year phase-in period. to it. The changes that are cur- Unfortunately, the Canadian rently being discussed include very GHS-based rules are likely to aggressive reductions in the largest have significant differences categories of aerosol coatings along from those of Europe and the with a few smaller categories. In U.S., making true harmoniza- addition, CARB intends to make tion a pipe dream. the recently adopted revised Table In the U.S., we expect fur- of MIR Values effective for use for ther guidance from the Oc- the aerosol coating regulation in cupational Safety & Health this rulemaking. The combination Administration (OSHA) on McAuliffe dards along with a revised Table lar, expect to see the issue of Moffat-their GHS rules. In particu-of very aggressive, revised stan of MIR Values (the base numbers “hazards not otherwise classi- used to calculate compliance with the reactivity standards), will be a fied” (HNOCs) clarified. There is a great deal of uncertainty among difficult compliance exercise for the industry, given the large num- aerosol companies on what hazards they should be looking out for ber of products that will require reformulation and the high volume and how to test for them. Given the large potential civil liabilities of some of these products. for failing to properly disclose HNOCs on MSDSs, additional guid- Along with these amendments, the aerosol coatings industry will certainly face diligent enforcement efforts from the CARB since the issue with regard to identification of volatile compounds in a for- mula appears to be resolved. Compliance with the U.S. EPA national rule for aerosol coatings will also become more difficult—or at least difficult to monitor efficiently because, once the California amendments are adopted, manufacturers and formulators will be required to use two different reactivity values for reactive compounds: the revised Table of MIR ance from OSHA would go a long way in quelling the fears of regu- Values in California and the latory personnel. Table of Reactivity Factors for compliance with the national Steve Hunt, President, ShipMate, Inc. rule. At the moment, there is no Now that the election is over and the President has won a second indication that the EPA is con- term, many believe that he will be more emboldened in terms of sidering any amendments to the environmental and energy regulation now that he doesn’t need to aerosol coatings national rule worry about re-election. I believe that there will be a very proactive although ACA is considering/ Continued on page 26 January 2013 Spray 15
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