August 14, 2007

EPA and National Paint and Coatings Association (NPCA)

Teleconference

Participants:

Heidi McAuliffe, Counsel

Government Affairs Division

National Paint and Coatings Association

J. Kaye Whitfield, EPA Project Lead

National VOC Emission Standards for Aerosol Coatings

Bruce Moore, EPA Team Leader

Consumer and Commercial Products Sector

	The teleconference was held at the request of NPCA.  NPCA requested the
meeting to ask EPA clarifying questions about the proposed regulation.  

	EPA explained that, because the comment period for the regulation was
open, EPA would consider the discussion as comments on the proposal and
the teleconference would be documented and submitted to the EPA docket
for the rule (EPA-HQ-OAR-2006-0971).

Subject: Small quantity manufacturer exemption and special compliance
extension provisions in proposed rule

NPCA asked if there are comparable provisions in any other EPA
regulations, or were they newly created.  

EPA explained that it was considering a small manufacturer exemption in
order to assist small businesses that produce only small quantities of
aerosol coatings.  EPA explained that it was considering the compliance
date extension in order to allow extra time for product reformulation
for all regulated entities that have never manufactured or marketed
California compliant aerosol coatings. EPA indicated that there are
provisions in other EPA rules that are intended to accomplish similar
objectives.

NPCA described a business scenario in which fillers who fill cans for
companies both within California and outside California may have their
names on the product labels.

EPA asked NPCA to submit its recommendations to EPA for how to address
such a scenario in the regulation.

NPCA asked how companies with all California compliant products, except
one or two products, would be addressed in the regulation.  NPCA
inquired whether EPA would be willing to extend the compliance extension
to companies on a product by product basis.

EPA explained that the intended purpose of the proposed compliance
extension is to assist regulated entities that have never complied with
California limits, and therefore would potentially need additional time
to reformulate their products. EPA indicated that the suggestion made by
NPCA would not be consistent with the intent of the proposed provision.

Subject: Table 2A Reactivity Factors

NPCA stated that California made amendments to the Maximum Incremental
Reactivity (MIR) values Table in 2003, where the MIR values for 14
compounds were adjusted.  Table 2A in the EPA proposal has the old MIR
values.

EPA indicated that will check the MIR values in Table 2A of the proposed
rule and make any revisions it deems appropriate.  

Issue: Recordkeeping and Reporting

NPCA asked what regulated entity bears the responsibility to submit
reports. NPCA also indicated that the proposed regulation appears to
require duplication of recordkeeping activities.  

EPA explained that under the proposal, the regulated entity is generally
the entity whose name appears on the product label.  The regulated
entity is responsible for reporting and ensuring that records are kept.
EPA noted that other consumer products regulations/guidelines allow a
recordkeeping agent to be designated by the regulated entity, and that
such a provision might be appropriate in this regulation as well.

Issue: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 

NPCA pointed out that California Air Resources Board has exempted
aerosol coatings that are also regulated under FIFRA. 

EPA indicated that it would consider a compliance date extension for
aerosol coatings subject to FIFRA, consistent with current consumer
product regulations/guidelines. 

Issues: Category Codes in Table 1

NPCA stated that each company has its own category codes, date codes and
batch information codes.

EPA indicated that it would consider whether it should request regulated
entities to submit their category codes, along with an explanation of
the codes, with the initial notification reports proposed in the
regulation.

 PAGE   

 PAGE   1 

