Written on: August 1, 2025 by Doug Raymond
Aerosol Coating Rule
On July 2, the U.S. Environmental Protection Agency (EPA) published an interim final action to revise the compliance deadline in the July 17, 2025, amendments to the National Volatile Organic Compound Emissions Standards for Aerosol Coatings. The action is to extend the compliance date for requirements to the rule until Jan. 17, 2027. The EPA has authority to proceed with this interim decision without prior notice or opportunity to comment. This action on the interim final rule is effective immediately. However, the agency is accepting comments on the extension until Aug. 1, 2025, but only on the extension and not on any other part of the regulation.
For context, the American Coating Association (ACA) petitioned the EPA to amend the aerosol coating rule to promote consistency and uniformity between the EPA and the California Air Resources Board (CARB) regulation for reducing ozone formed from aerosol coating product emissions.
The EPA set a compliance date of July 17, 2025, for the amendments to the national aerosol coatings rule, based upon the EPA’s then understanding of the lead time regulated entities would need to take actions to comply.
Following the issuance of the final rule, certain regulated entities expressed concern about the July 17 compliance date. On March 3, 2025, ACA sent a letter on behalf of its members notifying the EPA that it is not possible for some aerosol coatings manufacturers to comply with the amended rule by the current July 17 compliance date. On March 18 of this year, the EPA received a petition for review, reconsideration and stay of the final rule from the Coalition for Fair Aerosol Regulation (CFAR) and Diamond Vogel, Inc. These petitioners provided additional information supporting the need for additional time for compliance by certain regulated entities. Specifically, the petitioners contend that significantly more time is required to reformulate, re-label and communicate with suppliers, customers and distributors.
After evaluation of the additional information, the EPA granted the petition for reconsideration in a letter dated April 3, 2025. In this interim final action, the EPA will change the compliance date.
Aerosol Definition
The U.S. Dept. of Transportation (DOT) Pipeline & Hazardous Materials Safety Administration (PHMSA) is proposing to update the definition of an aerosol to align with international definitions and no longer require that an aerosol be designed for the sole purpose of expelling a liquid, paste or powder.
This issue has been ongoing since I have been in the aerosol industry. With this proposed change, gas-only aerosols will align with numerous other definitions. Comments are due by Sept. 2. This is a huge win for the aerosol industry. In this issue’s Pressure Points column (p. 6), Household & Commercial Products Association’s Nicholas Georges details the specifics of this change. Make sure to read it.
CARB
Work continues on organizing and finalizing the results of the latest CARB Consumer Products Survey, which was due on April 8 of this year. However, if you have not filed the survey for your company, contact CARB and it will allow you to file now. The deadline has passed, but CARB would like as many submissions as possible.
Remember, all of the survey information will be used for the next rulemaking, so all information is crucial. Results from the survey will likely be out by late September 2025; meetings with CARB staff will follow.
Finally, remember that the Personal Fragrance Technical Reports are due to CARB by March 31, 2026. SPRAY
