ACA Product Stewardship Committee and Joint Product Stewardship Committee and Occupational Health and Safety Committee Meeting Minutes

Transcription

1 ACA Product Stewardship Committee and Joint Product Stewardship Committee and Occupational Health and Safety Committee Meeting Minutes Product Stewardship Committee Meeting Thursday, May 21, pm 3 pm EST Cleveland, Ohio Attendance: Diane Nash Akzo Nobel Coatings, Inc. Bob Israel The Valspar Corporation Jeff Hayward The Valspar Corporation Phil Brondsema Celanese Doug Mazeffa The Sherwin-Williams Company Michelle Thomson Chemours Titanium Technologies Nadine Condash Dow Coating Materials Brian Haynack The Sherwin-Williams Company Rachel Ketchman PPG Industries, Inc. Urisina Kohler Dow Chemical Michael Butler Behr Process Corporation Jon Kuch Behr Process Corporation MaryAnn Hoff PPG Industries, Inc. Barbara Cummings PPG Industries, Inc. Lisa Marie Nespoli Bayer Material Science Mike Lanzarotta Oak Printing Company Amy Woodard Tremco, Inc. Faye Goode PPG Industries, Inc. Mary C. Chervenak Arkema Coating Resins Sheri Oberle Akzo Nobel Coatings, Inc. Melanie Campbell PPG Industries, Inc. Jim Kantola PPG Industries, Inc. Collette Pustay PPG Industries, Inc. Kathy Murphy The Sherwin-Williams Company Becky Saxena Rust-Oleam Corporation Megan Gaughan Rust-Oleam Corporation Michele Stauffer BASF Corporation ACA Staff: Stephen Wieroniey Tim Serie David Darling Javaneh Nekoomaram

2 Marie Clarke 1. Introductions & Administration Introductions were made and the ACA Antitrust and Conflict of Interest policies were reviewed. The committee approved the Product Stewardship Committee minutes from the January Webinar meeting. 2. Toxic Substances Control Act ACA staff provided an update on the recent efforts to modernize the U.S. EPA s Toxic Substances Control Act (TSCA). ACA provided an update regarding the current status of each bill currently proposed in the House of Representatives and the Senate. ACA will continue to advocate for reform, and will continue to provide updates to the committee. ACA staff outlined the U.S. EPA s proposed rule for reporting manufacturing and use information on nanomaterials to the Agency. The committee informed ACA staff on several concerns regarding the proposal. ACA staff explained that the Association has joined in a coalition, led by Keller and Heckman, to submit comments. ACA staff will continue to gather comments from ACA members and will work with Keller and Heckman to mitigate the impacts of the proposed rule on emulsion polymers and milled pigments. ACA staff presented on 3 chemicals undergoing review under the TSCA Section 6 Work Plan: Methylene Chloride (DMC), n-methyl-2-pyrrolidone (NMP) and 1,4 dioxane. ACA staff explained that EPA is planning to pursue TSCA section 6 rule making on DMC and NMP, which may include a ban, concentration limits, personal protection equipment or bans on sale to the consumer market. ACA staff explained that EPA is looking to propose regulation be the end of ACA staff updated the committee on U.S. EPA s problem formulation document for 1,4 dioxane. Staff explained that although EPA was originally planning not to complete a risk assessment on 1,4 dioxane in paints, coatings, adhesives and sealants, the Agency changed their mind and is looking for use and exposure information from industry. Members stated that 1,4 dioxane is a residual from the manufacturing of surfactants and is not a chemical used by the industry. Many members stated they do not have the data that U.S. EPA is requesting ACA will track the progress of TSCA section 6 rule making for DCM and NMP. ACA will work to develop data to show the industry is not using 1,4 dioxane and that it is a residual from the manufacturer of surfactants. ACA briefly explained the comments submitted by ACA to U.S. EPA on the proposed Toluene Diisocyanates significant new use rule (SNUR). ACA staff also outlined the Long Chain Perfluoroalkyl Carboxylate (LCPFAC) SNUR and requested the committee submit comments to ACA. 2

3 ACA will submit comments on the LCPFAC SNUR. Members of the committee explained that downstream users of their products have expressed concern for products that received SNURs during a New Chemicals Review under TSCA. ACA will advocate for U.S. EPA to release informational pieces to downstream users on chemicals to explain the SNUR process. 3. WHO Psychoactive Chemicals ACA staff updated that the proposed listing of Butyrolactone (CAS ) and 1,4 Butanediol (CAS ) was voted down at the WHO meeting. 4. State Chemicals Management Update A staff provided the committee with an updated on key states that have chemicals management bills in the state legislature. ACA staff outlined a number of predictions based on information we have received from state lobbyist. ACA staff presented on California Assembly Bill AB708. ACA explained that until the bill passes appropriations, we have no information to pass along about the bill. ACA will monitor the legislation and will oppose the bill. ACA staff proposed the creation of state chemicals management regulations comparison chart, similar to the VOC regulation chart. ACA will develop the chart starting small, with a few parameters such as: scope, alternatives analysis, reporting etc. 5. California s Safer Consumer Products Regulations ACA staff updated the committee on DTSC s recent activities, including the recent release of the Priority Product Work Plan. Additionally ACA described ACA s meeting with DTSC. ACA will continue to track the regulatory process. 6. Prop 65 Reform ACA staff updated the committee on the status of the proposed amendments to Prop 65. ACA explained how the association meeting with OEHHA, formally testified at the public hearing and submitted comments. ACA is expecting another round of notice and comment, but is expecting final regulations before the end of

4 ACA will continue to monitor the Prop 65 regulatory process and will advocate on behalf of industry. 7. Coatings Emissions Study 8. Transparency and Chemicals of Concern ACA staff updated the committee on the numerous green building standard currently active in the marketplace. ACA staff expressed concern that we may accidently be supporting these standards, while advocating on behalf of the industry. Although members shared staff s concerns, they feel our tracking and advocacy in this area is important. ACA staff briefed the committee on a possible petition to EPA regarding EPA s Design for the Environment, or Safer Choice Program. Some members felt that DfE s comparative claims would harm the market, while others felt the comparative claims only reflected the progress an individual company had made with their individual ingredients. The membership shared the concern that many of the updates to the Safer Choice Program did not go through notice and comment. The committee members are interested in having a DfE representative speak at the September committee meeting. The membership did not expressly agree to support a petition, but was interested in possibly staying involved with the development of the petition. ACA will continue to monitor green building standards. ACA will track and monitor EPA s Safer Choice Program and will attempt to have a speaker at the next committee meeting. ACA will continue to monitor the petition process, but will not directly support the petition. 9. Next In Person Meeting ACA staff announced that the next Product Stewardship Committee meeting will be an in person meeting and will take place in D.C. Staff will circulate a doodle poll to pick the date of the meeting. Joint Product Stewardship Committee and Occupational Health & Safety Committee Meeting Thursday, May 21, pm 5 pm EST Cleveland, Ohio 1. Introductions & Administration Introductions were made and the ACA Antitrust and Conflict of Interest policies were reviewed. The committee approved the Joint Product Stewardship/Occupational Health and Safety committee meeting minutes from the May in-person meeting at ACA headquarters 2. OSHA GHS Implementation ACA presented on the results of the ACA petition to OSHA, and spent a significant time outlining OSHA s enforcement discretion policy. ACA presented on a number of OSHA interpretations that have been released over the last 6 months, including direct export of products. The committee requested confirmation of OSHA s verbal statements, in writing. 4

5 ACA briefed the committee on a possible petition to OSHA to formally stay the implementation date, the committee decided not to sign on to any such petition. The committee discussed the National Association of Chemical Distributors request for relief for existing stock. The committee agreed to track this issue, but allow NACD to take the lead. The committee discussed OSHA s intention to update HCS 2012 in calendar year The committee does not oppose updating to align with the GHS version 6, but the committee agreed that OSHA must carefully review how they plan to implement any changes to HCS ACA will seek formal confirmation of OSHA s position regarding direct export of products under HCS ACA will monitor the request for a stay, and NACD s advocacy with OSHA. ACA will track the release of any proposed updates for HCS 2012 and advocate for implementation to be based on date of manufacture. 3. Creation of the GHS Subcommittee ACA proposed that the PSC create a subcommittee to directly handle changes to the GHS at the U.N. subcommittee meetings. The subcommittee will develop positions on behalf of ACA to help IPPIC advocate on behalf of industry. The committee approved of the subcommittee, but requested a job description of the ideal candidate for the subcommittee. ACA staff will develop a description of the ideal candidates for the GHS subcommittee. 4. Health Canada and GHS ACA presented on the implementation of WHMIS ACA highlighted a number of variances between HCS 2012 and WHMIS Staff presented on the CBI claims requirement under WHMIS Staff explained that Health Canada views the rule as final but does allow manufacturers to list ranges on SDSs to cover batch to batch changes. The committee agreed that ACA should push towards full alignment of HCS 2012 and WHMIS 2015, especially as both standards are updated to align with GHS version 6. ACA will continue to advocate, where possible, to align the GHS regulations in the U.S. and Canada. 5. Silica Project ACA staff briefed the committee on the proposed respirable dust project. ACA staff explained that Steve Sides was working on a literature review and is interested and building a working group to assist with the project. ACA will develop a workgroup and submit Request for Quotes (RFQ) for a literature review. 5

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