EPA “de-lists” MEK from CAA HAP list

Citation

(2006), "EPA “de-lists” MEK from CAA HAP list", Anti-Corrosion Methods and Materials, Vol. 53 No. 3. https://doi.org/10.1108/acmm.2006.12853cab.032

EPA “de-lists” MEK from CAA HAP list

EPA “de-lists” MEK from CAA HAP list

Keywords: Coatings, Coatings technology, Adhesives

In a move that will tremendously aid industry, on 13 December 2005, the US Environmental Protection Agency (EPA) signed the final rule deleting methyl ethyl ketone (MEK) as a Hazardous Air Pollutant (HAP) under the Clean Air Act (CAA). MEK is a primary solvent used in the manufacture of surface coatings, inks and adhesives. NPCA had been an active proponent of MEK's removal from the HAP list, arguing that its continued status as a HAP discouraged its use even though it contributes less to the formation of ozone (the principal component of smog) than other solvents used in the paints and coatings industry. In addition, MEK allows for the formulation of higher solid-content coatings, which lower solvent emissions from coating- application manufacturing operations. Thus, NPCA argued that there is appropriate data to warrant MEK's deletion from the list of HAPs under the CAA and the result of such would be environmentally beneficial.

This “delisting” comes on the heels of another MEK victory for industry: In May the US Court of Appeals for the District of Columbia Circuit ruled in favor of the American Chemistry Council, which had petitioned EPA to remove MEK from its annual Toxic Release Inventory (TRI) list. The decision vacated a lower court ruling, which granted EPA's motion for summary judgment, holding that the decision to not “de-list” MEK was reasonable. As a result, the district court directed the Agency to delete MEK from TRI by order dated 13 June 2005.

NPCA had supported MEK's removal from the TRI list, arguing that MEK is not a toxic chemical under the law because it does not cause illness or injury when absorbed into a person's body. As a result, at the court's directive, facilities have been relieved from reporting MEK on the TRI, along with the costly and burdensome tracking and record-keeping requirements that are mandated with reporting. In addition, removal of MEK from the list of reportable toxic chemicals will produce an even greater reduction intoxic releases from the paint and coatings industry, more accurately depicting paint manufacturing's environmental footprint on communities.