Participation in an ACA committee is one of the best ways to engage and maximize the benefits of your association membership. There are many opportunities for members to participate in ACA committees, which work to shape the efforts of the association and facilitate peer interaction.
ACA’s committees address an array of issues impacting the industry and are classified by specific sector, issue, or project. While all committees are conduits for information sharing, some collaborate to respond to regulatory initiatives, direct industry guidance publications, or host conferences. Each committee is led by a chairperson from the membership and ACA staff.
The association also has several specialty workgroups and industry coalitions in which it participates. Often, these groups work collaboratively with ACA committees, coordinating responses and sharing information in areas of common interest.
Detailed information, including committee rosters, agendas, meeting minutes, and pertinent resources are available on ACA’s website, where each committee has its dedicated page. Members must be logged in with individual usernames and passwords to access Committees on www.paint.org.
The following offers an overview of the efforts and accomplishments of ACA’s committees over the past year.
AIM VOC COMMITTEE
The AIM VOC Committee identifies, tracks, and disseminates information on federal, state, and local regulatory initiatives that limit or reduce volatile organic compound (VOC) emissions from architectural and industrial maintenance (AIM) coatings. The committee also establishes consensus positions on these initiatives and advocates on behalf of industry.
This year, the committee accomplished the following:
• Convinced California’s San Diego Air Quality Management District to include a longer compliance timeframe, and to not adopt the South Coast Air Quality Management District (SCAQMD) Small Container Exemption contingency measure restrictions for Rust Preventatives and Industrial Maintenance Coatings;
• Convened a Parachlorobenzotrifluoride (PCBTF) coalition, which includes other industries, associations, and companies, to assist in directing advocacy efforts with California’s SCAQMD. The air district is expected to begin its PCBTF review in 2022 — an effort that will likely result in the removal of PCBTF from the air district’s VOC-exempt compound list;
• Advocated for reasonable and consistent AIM VOC regulations as the states comprising the Lake Michigan Air Directors Consortium (LADCO)
— notably, Michigan and Ohio — consider adopting more stringent AIM VOC regulations in the future;
• Hosted webinars for members on a variety of VOC-related issues, including Mexico’s VOC rulemaking; strategies for minimizing VOC risk with retailers and distributors; and an update on AIM VOC regulatory developments and VOC exemption status; and
• Engaged the U.S. Environmental Protection Agency (EPA) in discussions about the agency’s planned revisions to the National Emissions Inventory. Importantly, states use this inventory to develop VOC source estimates and modeling. ACA convinced EPA to lower the emission inventory for AIM coatings by 20 percent, which will hopefully minimize future state actions to further lower AIM VOC emissions.
ARCHITECTURAL COATINGS COUNCIL
The objective of the Architectural Coatings Council is to provide guidance and direction for ACA activities to maximize the position of the architectural coatings segment of the paint industry. This is implemented through development of policy on issues likely to have an impact on the industry and its products. Implementation includes communication pathways with organizations outside the industry, and distribution of information to aid in decisions that may maintain and expand markets for the industry’s products. The council is comprised of top-level executives in the architectural sector of the coatings industry.
Over the last year, the council oversaw and was apprised of the following ACA efforts:
• Regular updates to the association’s resource webpage covering a wide range of COVID-19 related topics for members. The resource page provided early updates on varied state vaccine rollouts, as well as updated guidance issued by the Centers for Disease Control and Prevention (CDC);
Occupational Safety & Health Administration (OSHA); and Small Business Administration Loans Internal Revenue Service;
• ACA’s new guide for members to help them navigate the Rules of Origin duties under the United States-Mexico -Canada Trade Agreement (USMCA). ACA’s critical guidance was timely and focused specifically on applying the Rules of Origin, providing examples and explanations for how to apply these rules while engaging in cross-border trade; and
• Providing webinars and other guidance for member companies on topics like “Business Continuity Planning: Addressing Supply Chain Relocations, Manufacturing, and Business Interruptions;” “Update on Global Restrictions on Lead Use in Paint;” “Political Update and Election Outlook,” and more.
COMMITTEES REPORT SEPTEMBER 2021
MEMBER REPORT
The council was also kept abreast of ACA’s regular federal advocacy efforts, including:
• Outreach to Congress urging passage of comprehensive infrastructure investments. ACA strongly supported the bipartisan deal to strengthen manufacturers’
global competitiveness, improve safety of the nation’s infrastructure and ultimately create more high-skill, high- paying manufacturing jobs;
• Urging Congress to pass The Paycheck Protection Program (PPP) Small Business Forgiveness Act to streamline the forgiveness process for mom-and-pop businesses who received PPP loans during unprecedented times;
• Urging Congress to pass the Innovative Materials for America’s Growth and Infrastructure Newly Expanded (IMAGINE) Act, to spur research and development of innovative construction materials in transportation and water infrastructure projects nationwide.
The legislation would encourage investing in new techniques and materials, including paints and coatings, that would help to extend the life of critical public works that draw increasingly poor ratings for condition and performance;
• Urging passage of the Trade Act of 2021, which includes language renewing the Generalized System of Preferences (GSP) and Miscellaneous Tariff Bill (MTB), as well as provision to renew the Section 301 product exclusion process. The MTB is an important piece of legislation for the coatings industry as it allows for no-or-reduced tariffs on certain chemicals that serve as raw materials or ingredients in coatings formulas. Notably, several suppliers to the coatings industry have completed the process to apply for certain commodities to be included in the MTB;
• Endorsing the Drive Safe Act to address the driver shortage in the industry. The program would allow drivers over age 18 to drive interstate routes with additional training and a mentor program;
• Urged Congress to oppose the PFAS Acton Act of 2021, which would require designation of PFAS as a hazardous chemicals under several environmental laws, thereby undercutting the requirements of TSCA in the evaluation of chemicals; and
• Submission of comments to the U.S. Department of Transportation’s Federal Highway Administration, in support of proposed revisions to the Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD provide important guidelines for traffic control devices, including road surface markings.
Finally, the committee received quarterly updates for the ACA-produced Architectural Coatings forecast through 2022. These detailed reports are based on a predictive model that attempts to size the architectural coatings market based on various known drivers of demand: existing home sales data published by industry groups such as the National Association of Realtors; current government statistics, such as construction figures; and historical data, including the discontinued Census Bureau MA325F report on paints and coatings shipments.
ACA Staff: Heidi McAuliffe
AUTOMOTIVE REFINISH COMMITTEE
The Automotive Refinish Committee monitors regulations and submits comments on rules affecting auto refinish operations across the country. While disparate programs regulate VOC emissions from refinish coatings at the federal, state, and local air district levels, the committee works toward securing more uniform and reasonable standards.
This year, the committee accomplished the following:
• Assisted the California Air Resources Board (CARB) and the California Air Pollution Control Officers Association in their update to the industry-wide auto body risk assessment guidelines per the California Air Toxics “Hot Spots” Information and Assessment Act (AB 2588).
ACA and several auto-refinish coating manufacturers provided industry input to assist the California agencies complete air toxics risk assessments for auto-refinish operations in the state;
• Submitted comments to and engaged with EPA as the agency initiated a “technology review” of the Paint Stripping and Miscellaneous Surface Coating Operations: National Emission Standards for Hazardous Air Pollutants (NESHAP) for Area Sources (6H Rule). Auto-refinish and metal/plastic surface coating operations that utilize certain compounds (e.g., chromium, nickel, manganese, lead, and cadmium) are subject to the rule. The committee requested changes to the rule to make it less burdensome on industry;
• Submitted comments to various state and local regulatory bodies urging adoption of reasonable and uniform automotive refinish regulations, particularly aiding the New York Department of Environmental Conservation and Kentucky’s Louisville Metro Air Pollution Control District through their final rulemaking processes;
• Conducted an informative webinar on VOC regulations for auto- refinish coatings; and
• Maintained a matrix and interactive map detailing VOC categories, solvent limits, and exempt compounds for automotive refinish coatings rules at national, state, and local air district levels.
ACA Staff: Rhett Cash and David Darling
CHEMICAL SECURITY COMMITTEE
The Chemical Security Committee addresses critical homeland security issues – with a focus on chemical facility security – and disseminates important information to member companies complying with the Department of Homeland Security’s (DHS) Chemical Facility Anti-Terrorism Standards (CFATS), as well as those engaged in voluntary private sector preparedness accreditation and certification programs, such as PS-Prep.
This year, the Chemical Security Committee accomplished the following:
• Assisted the DHS Cybersecurity and Infrastructure Security Agency (CISA) on the development of the COVID-19 Recovery Tabletop Exercise Package — an important resource intended to aid private sector stakeholders and critical infrastructure owners and operators in assessing short-term, intermediate, and long-term recovery and business continuity plans related to the COVID-19 pandemic;
• Submitted comments in support of CISA’s advance notice of proposed rulemaking that considers removing certain explosive chemicals from the list of regulated chemicals of interest in Appendix A of the CFATS regulation. The committee highlighted industry’s longstanding concerns regarding the regulation of aluminum powder/aluminum paste and nitrocellulose and encouraged the agency to conduct a regular review of Appendix A to ensure the list is up-to- date and only includes high-risk chemicals;
• Notified members of DHS’ final implementation stages of the CFATS Personnel Surety Program at all high-risk chemical facilities, including Tier 3 and Tier 4 facilities, as well as the agency’s increase in trainings, inspections, consultations, and on-site exercises; and
• Participated as a member of the Chemical Sector Coordinating Council, an advisory group formed to provide industry advice and guidance to DHS on chemical security and infrastructure protection.
ACA Staff: Rhett Cash and Katherine Berry
CONSUMER PRODUCTS COMMITTEE
The Consumer Products Committee’s goal is to maintain a reasonable regulatory framework for consumer coating products in the United States and elsewhere. The committee and staff collaborate with related trade groups, government, consumer groups, and the public, to develop greater mutual understanding of industry products. The committee oversees two subcommittees: the Aerosol Coatings and Caulks, Sealants and Adhesives Subcommittees.
Aerosol Coatings Subcommittee
The Aerosol Coatings Subcommittee reviews and monitors all legislative and regulatory developments related to aerosol coatings and works to deter the abuse of these products.
This year, the subcommittee accomplished the following:
• Developed strategies for member companies to comply with U.S.
EPA’s national aerosol rule and CARB’s aerosol coatings regulation;
• Worked with U.S. EPA on amendments to the national aerosol coatings regulation. As a result of its advocacy efforts, EPA notified ACA that it will initiate a rulemaking to amend the national aerosol coatings rule to better align with California’s standards. Notably, the proposed amendments are expected to include updated coating category product-weighted reactivity emission limits, additional compounds and corresponding reactivity factors, and revised reporting requirements;
• Participated in an industry and trade association coalition to discuss an initiative for research on aerosol product sustainability and recycling. The committee highlighted the need to better understand the waste disposal system for aerosol products and the technical barriers to recycling more containers. Ultimately, the goal is to ensure that more aerosol containers are recycled and make the system more circular;
• Monitored various hydrofluorocarbon (HFC) regulations throughout the United States, including those in Massachusetts, Delaware,
• Engaged in discussions with the U.S. Department of
Transportation (DOT) regarding requirements for hot water baths for aerosol products and DOT-allowed alternatives, so that industry is not overly burdened by having to perform multiple water bath tests in certain situations;
• Updated industry on several state and local laws and ordinances relevant to the sale and display of spray paint;
• Monitored the ASTM working group examining the potential aspiration hazard of aerosol products; and
• Monitored rulemaking activities in states across the country for any impact on aerosol coatings.
Caulks, Sealants, and Adhesives Subcommittee
The Caulks, Sealants and Adhesives Subcommittee identifies legislative and regulatory concerns of this industry segment; establishes industry positions; and provides direction for ACA advocacy efforts on behalf of the industry and its products.
Over the last year, the subcommittee engaged in the following activities:
• Participated in numerous webinars and provided detailed comments to CARB as it developed amendments to its consumer products regulation. The amendments presented to the board addressed several of the committee’s comments and concerns. The regulation is expected to be finalized and formally adopted in early 2022;
• During the industrial adhesive and sealant rulemaking process, convinced California’s Ventura County Air Pollution Control District and Mojave Desert Air Quality Management District to maintain consistency with neighboring California air district regulations and include sell-through and use-by provisions;
• Engaged in the Ozone Transport Commission (OTC) states’ consumer products rulemaking activities, particularly those in New York and New Jersey, submitting comments urging adoption of rules consistent with the OTC model rule and neighboring jurisdictions. The committee succeeded in getting the New York Department of Environmental Conservation to align its final rule amendments with the OTC Phase IV Model Rule and include an appropriate compliance date;
• Participated in industrial adhesives rulemaking processes in Wisconsin, Michigan, and Arizona. The subcommittee was successful in convincing Maricopa County, Arizona to adopt provisions consistent with U.S. EPA’s Control Technique Guideline (CTG) for Miscellaneous Industrial Adhesives. The subcommittee also submitted comments to regulators in Wisconsin and Michigan urging them to align their rules with EPA’s CTG;
• Monitored consumer product rulemaking activities in Canada and worked with the Canadian Paint and Coatings Association (CPCA) to develop comments in response to Environment Canada’s proposed regulation for certain consumer products and the Canadian Government’s Federal Agenda on the Reduction of Emissions of VOC from Consumer and Commercial Products;
• Monitored Mexico’s consumer products rulemaking and worked with the Mexican Paint and Coatings Association (ANAFAPYT) to ensure the regulation is reasonable for industry and consistent with standards in neighboring jurisdictions;
• Maintained a list of industrial adhesives regulations by state and local air district that is intended to be used as a resource to assist in industry’s compliance with the various industrial adhesives rules throughout the country; and
• Maintained an interactive consumer products VOC regulatory map as a reference tool for members, and updated the matrix of regulations that details VOC categories and limits for consumer products rules at national, state, and regional levels.
ACA Staff: Rhett Cash
ENVIRONMENTAL MANAGEMENT COMMITTEE
The Environmental Management Committee provides guidance to the paint and coatings industry on all issues related to environmental quality and management for facilities. It serves as a communication link between industry and federal and state agencies to ensure that regulatory development efforts are technically sound and economically feasible.
Over the last year, the committee engaged in multiple initiatives, and accomplished the following:
• Submitted comments in support of U.S. EPA’s proposal to retain the National Ambient Air Quality Standards for Ozone at 70 ppb.
Due in part to ACA’s advocacy efforts, the agency issued a final decision to retain the existing NAAQS for Ozone in December 2020;
• Submitted extensive comments on U.S. EPA’s 2020 National Pollutant Discharge Elimination System Multi-Sector General Permit for stormwater discharges associated with industrial activity.
The final rule issued in January 2021 incorporated several of the committee’s comments, and the new permit became effective in March 2021;
• Submitted comments and participated in public hearings on the Louisville Metro Air Pollution Control District’s proposed Risk Management Plan (RMP) rulemaking. The committee convinced the Kentucky district to adopt provisions consistent with U.S.
EPA’s RMP rule;
• Provided industry comments during U.S. EPA’s virtual public listening session on the agency’s RMP rule, which has been identified as an action for review under Executive Order 13990: Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis;
• Monitored U.S. EPA’s final rule to retain the current National Ambient Air Quality Standards for Particulate Matter, which is now being reconsidered by the agency;
• Monitored U.S. EPA’s effort to redefine “waters of the United States,” which the agency intends to review and revise throughout the coming months;
• Worked with U.S. EPA on modernizing its regulations for the identification of ignitable hazardous waste under Resource
Conservation and Recovery Act (RCRA). The agency’s goal is to provide greater clarity on hazardous waste identification; flexibility in testing requirements; improve environmental compliance; and enhance protection of human health and the environment;
• Monitored industrial cleaning solvent rulemakings in Michigan, New York, New Jersey, and other states, submitting comments to ensure that they exempted coatings, ink, adhesive, and resin manufacturing operations from the industrial cleaning solvent requirements.
ACA Staff: Rhett Cash and Katherine Berry
INDUSTRIAL COATINGS COUNCIL
The Industrial Coatings Council seeks the continuous upgrading of the policies, practices, and product stewardship of manufacturers of industrial finishes. It disseminates information on the manufacture and sale of industrial finishes, including macro-economic and sales analysis and U.S.
and international regulatory schemes impacting the sector, so that member companies are better qualified to operate efficiently, progressively, and compliantly. This is primarily focused through the council’s Industrial Coatings Air Regulatory Subcommittee.
Over the last year, the council was provided industry data and updates on the following:
• ACA’s efforts with LADCO and the OTC as both regional agencies consider lowering VOC limits for industrial coatings;
• ACA’s engagement with EPA as it reviews the New Source Performance Standards (NSPS). EPA must propose the Automobile and Light Duty Truck NSPS rule by May 1, 2022, and a Plastic Parts NSPS regulation by June 1, 2022. NSPS regulations tend to impose more stringent VOC limits on new and modified surface coating application facilities;
• ACA’s advocacy with EPA on the Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources (6H Rule). EPA is required by court order to propose possible amendments to the 6H Rule by Nov. 1, 2021, and release a final 6H Rule by Nov. 1, 2022.
ACA is advocating for EPA to not make the 6H Rule more stringent, given the industry’s decades’ long HAP emission reduction trend;
• Quarterly “Industrial Coatings Pulse” economic indicator data and forecasts for the Industrial Coatings sector; and
• Regular communications about ACA’s advocacy efforts in several states developing industrial surface coating VOC regulations to ensure the rules are consistent with U.S.
EPA’s CTGs.
ACA Staff: David Darling
INDUSTRY SUPPLIERS COMMITTEE
The Industry Suppliers Committee maintains a forum for discussion of issues that affect the paint and coatings industry from the perspective of supplier and distributor members. The committee seeks to understand the impact of changes in the direction of the coatings industry and coatings end-users, by obtaining insight from leading experts.
This year, The committee discussed issues of importance to the supplier community, notably, “The Supply Chain – From Energy and Raw Materials to Packaging and Transportation,”
led by representatives from the Texas Chemical Council, ChemQuest Group, and the Reusable Industrial Packaging Association.
The committee also hosted a webinar for ACA members titled,
“Amazon’s Grand Strategy: A Guide for Paint and Coatings.” In 2020, Amazon quietly launched Amazon Paint Finder, and a recent job posting indicated that “The Everything Store” is incubating additional
“new experiences in paint” based on augmented reality (AR) technologies.
ACA engaged Baron to explain how Amazon’s increasing activity in this space presents both opportunities and risks. The informative webinar also addressed the company’s increasing share of government procurement, accelerating development of private-label brands, expanding logistics capabilities, and growing public-policy advocacy.
ACA Staff: Heidi McAuliffe and Robert Hecht
LEGAL AND GOVERNMENT AFFAIRS COMMITTEE
The Legal and Government Affairs Committee (LGAC) provides guidance on relevant legal issues and litigation affecting the industry; advises the association on key legislative and regulatory issues; offers input on the PaintPAC Action Plan; oversees the ACA Amicus Program; and acts as a network to share information from members to stay current on leading legal and policy issues.
Over the past year, the committee was updated regularly on a variety of matters. These included the following:
• ACA’s amicus support of appellants in Burton v. American Cyanamid Co., (7th Cir. 2020), seeking reversal of trial court’s unrestricted admission of associational activities to support the jury’s liability award against individual trade association member. In its brief, ACA argued that the trial court violated appellants’ First Amendment rights of association, commercial speech, and right to petition due to erroneous evidentiary and instructional rulings. On April 15, 2021, the Seventh Circuit overturned a multimillion-dollar jury verdict against defendants on other grounds. As to the First Amendment issue, the Seventh Circuit rejected the arguments raised by ACA’s amicus brief, stating that the First Amendment steps in only when the protected activity itself is the basis for liability, which the Circuit Court held was not present in the use made of the associational activity at trial;
• In response to a petition for rulemaking jointly filed by ACA with the National Association of Home Builders, the U.S. Chamber of Commerce, the National Association
announced it will develop a TSCA risk management procedural rule. The rulemaking initiative is to be included in EPA’s regulatory agenda for Fall 2021;
• ACA has intervened before the General Court of the European Union in the action by the Titanium Dioxide Manufacturers Association members challenging the EU harmonized classification of titanium dioxide (TiO2) as a Category 2 suspected carcinogen by inhalation. ACA’s intervention is jointly pursued with its European colleagues, the European Council of the Paint, Printing Ink and Artists‘ Colours Industry (CEPE) and the British Coatings Federation (BCF). A ruling by the EU Court is not expected until the second half of 2022;
• ACA’s continued support of and advocacy efforts for amendments to the Federal Rules of Evidence to clarify the standards for admissibility of expert testimony in U.S.
federal courts;
• ACA’s engagement on state legislative activity relative to packaging legislation. Over 15 states introduced legislation banning single-use plastics and six states introduced bills proposing very broad “extended producer responsibility” programs for plastic containers. Both Maine and Oregon signed these bills into law and ACA provided members summaries of the new requirements. There will likely be additional work on these issues in the legislature and at the rulemaking stage before these bills are implemented;
• ACA’s efforts focusing on PFAS in the legislative and regulatory arena, including providing members updates on EPA’s progress on the “PFAS Action Plan,” as well as on the movement of legislation on Capitol Hill — the PFAS Action Act of 2021, which recently passed the House and other federal bills. ACA also monitored state activities related to PFAS as many state legislatures have adopted bills addressing the use of firefighting foam that contain PFAS. Other state bills relate to PFAS in packaging, cookware, rugs and carpeting, and fabric treatments, while other state bills addressing PFAS drinking water standards also gained momentum this legislative session; and
• ACA’s advocacy efforts to advance infrastructure measures, including funding and support for the CHIPS Act, IMAGINE Act, Drive Safe Act, and RECYCLE Act.
Members of the LGAC also participated in several outreach events with federal policymakers designed to shine a spotlight on the industry, highlight industry successes, and provide an opportunity to discuss current issues and legislative activities. ACA facilitated the following:
• “Paint the Capitol” Legislative Days in early April 2021, where ACA members met with the staff of members of the U.S. House Transportation and Infrastructure Committee, as well as the U.S.
Senate Environment and Public Works Committee; and
• “Meet the Staffer” opportunities where ACA members met with Jordan Baugh, Professional Staff for the U.S. Senate Environment and Public Works Committee; and Alexandra Whittaker, Chief Trade Counsel for U.S. House Ways and Means Committee.
MARINE COATINGS LEADERSHIP COUNCIL
The Marine Coatings Leadership Council identifies and addresses issues specific to marine and offshore coatings manufacturers and maintains communication with all segments of the marine industry, including shipbuilders, ship operators, naval architects, and government agencies.
The International Maritime Organization (IMO), U.S. EPA, and state and local agencies have undertaken many regulatory initiatives under clean air and clean water programs or have set performance standards for anticorrosive marine coatings. ACA’s Marine Coatings Leadership Council works closely with the World Coatings Council Antifouling Coatings Committee and Marine Coatings Technical Committee since the World Coatings Council has consultative status as a non-governmental organization (NGO) with the IMO.
This year, the council accomplished the following:
• Worked with U.S. EPA on its registration review of tralopyril (Econea), persuading the agency to continue to allow registration of marine coatings products containing this substance;
• Submitted comments on U.S. EPA’s proposed interim registration review decision for Irgarol (Cybutryne) and supported globally consistent regulation of this active ingredient;
• Submitted comments on various marine and pleasure craft coatings rulemakings throughout the country, including Arizona’s Maricopa County, Wisconsin, California’s Ventura County, and Michigan. The committee sought and secured consistent and reasonable VOC limits and regulatory requirements in these marine coatings rules;
• Worked with U.S. EPA on its review of copper as an active ingredient used in antifouling coatings;
• Participated in the IMO’s virtual sessions, advocating for reasonable amendments to various international regulatory instruments, including the Anti-Fouling Systems (AFS) Convention, Performance Standards for Protective Coatings, Biofouling Guidelines, and Ballast Water Convention;
• Submitted two working documents to the IMO to (1) clarify what the IMO and member states should do and consider before deciding to add a substance to Annex 1 of the AFS Convention;
and (2) promote consistent survey and certification requirements under the AFS Convention. The committee will continue to work with the IMO, member states, and fellow NGOs on these efforts;
• Worked to increase maritime industry awareness of California State Lands Commission activities pursuant to the state’s Marine Invasive Species Act;
• Worked with industry, EPA, and California’s Office of Environmental Health Hazard Assessment to come to an agreement regarding the disconnect between California’s Prop 65 and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pertaining to warnings made on antifouling coatings; and
• Monitored marine coatings rulemakings throughout the country and submitted comments advocating that any amended VOC limits or regulatory requirements be consistent and appropriate.
ACA Staff: Rhett Cash and Katherine Berry
OCCUPATIONAL SAFETY &
HEALTH COMMITTEE
The Occupational Safety & Health Committee is responsible for
recommending ACA policy on matters germane to safety and health within members’ facilities and provides members with guidance that will enable them to effectively manage their safety and health programs. It also directs ACA’s positions on relevant issues in the United States and in international forums, such as the United Nations’ Subcommittee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals.
This year, the committee’s work included the following:
• Providing information to members regarding U.S. EPA’s risk evaluations on possible effects on worker exposure mitigation and Personal Protective Equipment (PPE). ACA and the committee represented industry positions to U.S. EPA during risk evaluation and discussed with the agency its methods for evaluating worker exposures;
• Providing members regular updates about the U.S.
Occupational Safety and Healthy Administration’s (OSHA) COVID-19-related workplace safety measures, regulatory interpretations, and reporting requirements;
• Developing industry positions on OSHA’s proposed revisions to its Hazard Communication Standard, provided via written comments submitted to the agency; and
• Directing ACA’s annual Safety Awards Program recognizing members with exceptional safety records based on OSHA recordable incidents data.
ACA Staff: Riaz Zaman and Katherine Berry
POWDER COATINGS COMMITTEE
The Powder Coating Committee supports and advances the industry’s powder coatings sector. Committee activities include monitoring and responding to pertinent legislation and regulations; sharing regulatory information with members; supporting conferences and symposia on technology and innovation related to powder coatings; producing business intelligence and relevant market studies and statistics on powder coatings; and pursuing initiatives consistent with sustainability and product stewardship. These efforts support a healthy and vibrant powder coatings market.
Over the past year, the committee accomplished the following:
• Developed a document, “The Sustainability of Powder Coatings,” to be used as an advocacy tool showcasing the environmental benefits of powder coatings and its sustainable contributions;
• Provided content for the June 2021 CoatingsTech magazine special edition “New Advances in Powder Coatings Technology;”
• Advocated against U.S. EPA lowering the ambient particulate matter and ozone standards to not unduly burden powder coatings manufacturers and applicators;
• Followed regulatory discussion and activities that would impact the use of PFAS substances in powder coatings. These include proposed actions in Europe and the United States, as well as a powder coating-specific study by the Organization for Economic Co-operation and Development (a UN observer);
• Monitored litigation regarding the European Union’s classification of titanium dioxide as a carcinogen by inhalation, and also reported to members the EU’s self-classification of the TiO2 coating trimethylolpropane (TMP) as a reproductive toxicant (Category 2); and
ACA’s Powder Coatings Committee will host a member webinar on the health, safety, and environmental aspects of powder coatings in November 2021.
ACA Staff: David Darling and Robert Hecht and Scott Braithwaite
PRODUCT STEWARDSHIP COMMITTEE
The Product Stewardship Committee provides guidance to members on matters that impact safe use of the industry’s products. The committee is primarily focused on regulations associated with product safety affecting toxicity benchmarks, toxic substance designations, hazard communication, and exposure control measures. The committee covers a wide range of regulatory and policy initiatives that impact risk reduction and product safety throughout a product’s lifecycle, including product design, formulation, labeling, safe use, and end-of-life disposal.
This year, the committee’s work largely focused on current federal Toxic Substances Control Act (TSCA) risk evaluations and subsequent risk mitigation, as well as periodic antimicrobial re-registration risk assessments under FIFRA. In addition, the committee addressed other chemicals management issues at the state, federal and international levels, including the following:
• Providing regular updates on the EU’s hazard classification and potential restrictions on titanium dioxide, trimethylolpropane, biocides, and changes to European chemicals management policy;
• Through the committee’s TSCA Risk Evaluation Workgroup, coordinated advocacy positions related to TSCA risk evaluations, including scoping, data availability and interpretation, exposure assessment, hazard assessment, and fees. The workgroup developed advocacy positions on formaldehyde, phthalic anhydride, PV-29, and NMP, which it shared in discussions with EPA staff. The workgroup also developed comments related to EPA’s proposed changes to fees under TSCA. The workgroup is developing an advocacy approach on EPA’s methods of evaluating workplace exposure. The workgroup also developed positions related to EPA’s data collection initiatives related to PFAS and chemicals for risk evaluation;
isothiazolinones, zinc pyrithione, diuron, propiconazole, folpet, carbendazim, and DBNPA, among others. The workgroup hosted multiple calls with EPA to discuss industry concerns with the agency review. Also, the workgroup completed a second life-cycle assessment of paint preservatives that documents how they are critical, especially for water-based coatings;
• The committee’s PMN/New Chemical Review Workgroup is developing advocacy positions related to changes in EPA pre-manufacture notice (PMN) policies and review requirements under TSCA. The group is considering how EPA can avoid unwanted deleterious effects on the supply chain and downstream users caused by the proliferation of Significant New Use Rules (SNURs) while maintaining risk mitigation strategies;
• The committee formed a PCBs Workgroup in response to the Washington State inadvertent polychlorinated biphenyls (PCBs) initiatives. Since the Washington State Department of Ecology has listed paints as part of its Safer Products for Washington program, it is now developing an alternatives assessment and determining whether to take regulatory action by June 2022 while finalizing a rule, where appropriate, by June 2023. ACA’s PCBs Workgroup engages directly in advocacy efforts with the department. In 2021, ACA held several calls with the department and submitted two comment letters documenting industry’s concerns with future inadvertent PCB prohibitions in paint;
• The committee’s Plastics Workgroup is monitoring initiatives and proposals related to microplastics and extended producer responsibility (EPR), including single-use plastics and packaging.
The workgroup submitted comments on microplastic regulations to authorities in Europe, Canada, and California. The workgroup is currently investigating paint container management and conducting a microplastics literature review; and
• Under the committee’s oversight, the association published the ACA Industry Labeling Guide, Sixth Edition, providing companies at all stages of the supply chain an understanding of labeling requirements and common labeling practices relevant to paints, coatings, sealants, and adhesives.
ACA Staff: Riaz Zaman and Scott Braithwaite
SCIENCE & TECHNOLOGY COMMITTEE
The members of ACA’s Science & Technology Committee direct the outreach and programming for R&D and innovation-management professionals. The committee supports ACA technical publications, scientific education, and professional development programs and spearheads efforts to enhance relationships with academic institutions supporting the education of new coatings technology professionals.
Importantly, the committee continually explores new services that can provide value to the technical community.
Despite the challenges of the global pandemic, the Science & Technology Committee planned for and held its 2021 CoatingsTech Conference in Pittsburgh at the end of June. The conference featured
address from Carnegie Mellon University’s Dr. Kurt Olson, and the Mattiello Lecture from Arkema’s Dr. Wenjun Wu. Over 100 participants attended, making this the first ACA in-person event since the start of the pandemic.
Over the last year, the committee also advanced several ongoing projects on behalf of the ACA membership. These included:
• The Science & Technology Steering Committee continued preparing a series of Technology Roadmaps aimed at advancing critical research needs. Arranged around a consensus of common research categories, the Technology Roadmaps will inform the industry and its research partners in academia and government.
Publication of the Technology Roadmaps is expected to have real and measurable short- and long-term benefits for coatings researchers. The categories being explored include raw materials, formulation, application, end-use products, and end-of-life aspects. Content is currently under development by organized teams of committee members working through an established process to develop each Technology Roadmap through consensus.
The full Science & Technology Committee will review each team’s effort prior to publication. Completion of the first Technology Roadmap is targeted for late 2021 or early 2022.
• The Center for Innovation Management Studies at North Carolina State University, under the committee’s direction, produced a new ACA member service: the ACA Big Data Resource. Currently in a one-year trial and evaluation period, the resource allows ACA members to track and query emerging information in scientific publications and popular media on chemicals used in the paint and coatings industry. Recent refinements include expanded tutorials, a “help”
feature, an improved “search” function, and improvements to the lists of chemicals and terms. Integrated into the resource is the option for interested ACA members to create private lists of chemicals (in addition to the standard list of over 300 chemicals) to enable data collection on proprietary chemicals of interest. To establish the value of the resource, the committee workgroup that guided its development is now undertaking a detailed assessment of its utility, including focused use cases. The results of the valuation effort will be communicated to the ACA Board of Directors in October 2021 to determine future funding.
• The committee continues to explore programming to help the coatings industry secure its share of science, technology, engineering, and mathematics (STEM) students. Under consideration is not only wider utilization of materials developed during the committee’s earlier initiative aimed at middle school students, but also a series of focused activities aimed at current university programs. Integral to these efforts is the need to explore opportunities to address diversity challenges within STEM. First and foremost within STEM outreach, however, is the funding of student research presentations at ACA technical conferences, which is being actively solicited from committee members.
The committee is preparing for the 2022 American Coatings Conference, scheduled for April 5-7 in Indianapolis. The call for technical papers, issued in late June 2021, is centered on the theme “Strong and Resilient:
Innovation in Coatings Technology.” The conference will highlight recent industry-driven advances, focusing on the newest breakthroughs and scientific research supporting continued advances by the coatings industry and its expanding customer base.
ACA Staff: Scott Braithwaite and Robert Hecht
SOCIETY LIAISON COMMITTEE
The Society Liaison Committee (SLC) serves as a link between ACA and regional societies for coatings technology and local coatings associations. The SLC provides a forum for discussion, information sharing, and coordination among the regional societies and local associations. The SLC, in conjunction with ACA staff and the societies’
leadership, works to develop an effective grassroots network on technical, educational, and policy matters.
This year, the committee accomplished the following:
• Met virtually and discussed best practices in society membership recruitment and retention, and shared information on key society issues such as dues and financial management, scholarship programs, and technical events;
• Elected a new committee chair, Nathan Korfira of the Chicago Society for Coatings Technology;
• Issued a number of academic scholarships to potential future coatings industry professionals; and
• Contributed to universities that offer coatings programs.
ACA Staff: Dorothy Brawner and Cheryl Matthews
SUSTAINABILITY COMMITTEE
The Sustainability Committee develops guiding principles for the coatings industry to address today’s sustainability issues and challenges, both domestically and internationally. The committee responds to green building standards and codes that contain environmental, health, indoor air quality, and chemical requirements for building materials that affect the architectural coatings, adhesives, and sealants market.
Over the past year, the committee accomplished the following:
• Participated in the development of the Cool Roof Rating Council’s Wall Product Rating Program, advocating for achievable test methods for solar reflectance and thermal emittance levels of wall coating products;
• Continued to develop a third-party, multi-attribute Architectural Coating Sustainability program to be incorporated into the U.S.
Green Building Council’s Leadership in Energy and Environmental Design (LEED) program through pilot credit 112. This program would allow members to achieve maximum credits under LEED by streamlining testing requirements and also help mitigate problematic green building standards and building codes that were developed without industry input;
• Completed development of a Product Category Rule (PCR) for Powder Coatings. The committee is now developing a PCR for Coil Coatings;
• Engaged a consulting firm to research how post-consumer paint containers/cans are currently being managed in the United States. This effort aims to identify the barriers and opportunities for increasing the recycling of empty paint cans and containers, including those used for architectural, light industrial, aerosol, and auto-refinish coatings;
• Worked on the third ACA Sustainability Report, aimed to be released in early 2022. The report will highlight industry sustainability contributions to the United Nations Sustainable Development Goals and showcase member sustainability efforts;
• Submitted comments on the revised and updated GS-11 Green Seal Standard; and
• Hosted webinars for members on ACA’s PCRs, Sustainability Program, and Green Seal Updates.
ACA Staff: Katherine Berry and Robert Hecht
TRANSPORT COMMITTEE
The Transport Committee directs ACA policy in matters regarding the safe, secure, and economic movement of members’ products and the raw materials used in them. It also directs the staff in establishing an industry position in matters of proposed legislation and regulatory compliance in the United States and in international forums such as the United Nations’ Subcommittee of Experts on the Transport of Dangerous Goods (UNSCETDG).
This year, the committee accomplished the following:
• Continued to assist DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) in amending its incident reporting form;
• Worked with PHMSA on a final rule to amend the federal Hazardous Materials Regulations (HMR) by incorporating over 20 petitions for rulemaking submitted by the regulated community between 2015-2018. The final rule updates, clarifies, and provides relief from various regulatory requirements without adversely affecting safety;
• Attended virtual sessions of the UNSCETDG to monitor and advocate for reasonable amendments to the UN Model Regulations;
• Notified industry of the ORM-D classification phase-out, which took effect on Dec. 31, 2020, and provided guidance to industry to prevent rejected shipments, confusion, and civil penalties moving forward;
• Worked with PHMSA on a rulemaking to harmonize the HMR with international standards, which resulted in a proposed rule that will maintain alignment with international regulations and standards by incorporating various HMR amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements;
• Monitored regulatory developments in Canada, including Transport Canada’s update to its Emergency Response Assistance Plans (ERAP), Client Identification Database (TDG CID), and training requirements. ACA will continue to work with CPCA to develop appropriate responses to these initiatives;
• Notified the committee of its annual hazmat registration requirements;
• Assisted shippers and carriers with enforcement matters involving the shipment of paint and paint-related materials; and
• Worked with global shippers to find compliance solutions for cross-border multi-modal shipments.
ACA Staff: Rhett Cash and Katherine Berry
