17

Under What
Regulation?

Arthur A. Tracton
Consultant

17.1
17.2
17.3
17.4
17.5
17.6
17.7
17.8
17.9

Introduction ......................................................................17-1
Code of Federal Regulations ............................................17-1
Title 29 (Labor) .................................................................17-1
Protection...........................................................................17-2
Biocides ..............................................................................17-3
Testing ................................................................................17-3
Volatile Organic Substances (VOCs) ...............................17-3
Food and Drug Administration (FDA) ...........................17-3
Which Regulation? ............................................................17-4

17.1 Introduction
Civilization is based on laws and regulations for the common good. Way back, the law was as simple as,
dont kill each other. As time passed and technology grew, the laws and regulations became more
complex to keep up with the technology. Regulations were and are issued by the federal government, the
state government, the county government, and the local government. With everyone enacting regulations,
confusion abounds. There are just too many regulations to compile in a single list. The following looks
at some of the major regulations governing the coatings and inks industries.

17.2 Code of Federal Regulations

The government of the United States of America discusses possible regulations and publishes the discussion in the Federal Register on a daily basis. When it is concluded that a regulation, or change in regulation,
is needed, it will be published in the Code of Federal Regulations (CFR). This CFR is an enormous work
comprising some 50 titles, each subdivided into a number of books.

17.3 Title 29 (Labor)

In Title 29 (Labor) is section XVII (Occupational Safety and Health Administration, Department of
Labor). Under this section is part 1910.1200, Material Safety Data Sheet (MSDS). The MSDS started by
proposing safety considerations for asbestos during the process of cutting ships apart. It has progressed
to cover almost all chemicals used in industry and commerce. The MSDS lists the manufacturer responsible for the product, the composition, and safety and health concerns. This form has gone, in practice,
from seven sections to 16 or more. An example listing of the section titles is as follows:

17-1

2007 by Taylor & Francis Group, LLC

17-2

Coatings Technology: Fundamentals, Testing, and Processing Techniques

Section 1: Chemical Product and Company Identification

Section 2: Composition Information or Ingredients
Section 3: Hazards Identification
Section 4: First-Aid Measures
Section 5: Fire Fighting Measures
Section 6: Accidental Release Measures
Section 7: Handling and Storage
Section 8: Exposure Controls and Personal Protection
Section 9: Physical and Chemical Properties
Section 10: Stability and Reactivity
Section 11: Toxicological Information
Section 12: Ecological Information
Section 13: Disposal Considerations
Section 14: Transport Information
Section 15: Regulatory Information
Section 16: Other Information
Note that the MSDS for each product is to be updated every year and distributed to product users.
Under the section on Regulatory Information, all sorts of abbreviations and acronyms can be found.
Some of these are as follows:
WHMIS (Canada): Controlled Substances
WHMIS (Canada): Hazard Classification
Superfund SARA 311-312: Hazard Classification
Superfund SARA313: Disposal
TSCA: U.S. Toxic Substances Control Act
DSL: Canadian Domestic Substances List
CEPA: Canadian Environmental Protection Act
EINECS: European Inventory of Existing Commercial Chemical Substances
AICN: Australian Inventory of Chemical Substances
NICNAS: Australian National Industrial Chemical Notification and Assessment Scheme
MITI: Japanese Handbook of Existing and New Chemical Substances
ECL: Korean Toxic Substances Control Act
CPM: Inventory of Existing Chemical Substances in China
RICRA: Resource Conservation and Recovery Act
State Right to Know: Including Massachusetts, New Jersey, and Pennsylvania
California Proposition 65
CONEG: Coalition of New England Governors

17.4 Protection
We want to protect the environment and materials in transit. Some of these regulations and abbreviations
include the following:
DOT: Department of Transportation
49 CFR (Title is Transportation) 107: Packing for Hazardous Material
49 CFR 172: Shipping
40 CFR (Title is Protection of Environment) 60 and 61: Clean Air Act
40 CFR 261.20 to 261.24: Classification as Hazardous Waste
40 CFR 401: Clean Water Act

2007 by Taylor & Francis Group, LLC

Under What Regulation?

17-3

17.5 Biocides
If biocides are used, they are regulated under The Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA). Some exemptions may be found in 40 CFR 152. This may include working through an EPA
(Federal Environmental Protection Agency) approach for biocides used in Paints and Coatings.

17.6 Testing
A lot of testing is performed by governmental and independent laboratories to determine if a hazard
exists, and if so, what is tolerable. The following list contains terms found in several sections of the
MSDS:
OSHA: Occupational Safety and Health Administration
NIOSH: National Institute for Occupational Safety and Health
TLV: Threshold Limit Value
TWA: Time Weighted Average
PEL: Permissible Exposure Level
NTP: National Toxicity Program
IARC: International Agency for Research on Cancer
ANSI: American National Standards Institute
ISO: International Standards Organization
ACGIH: American College of Governmental Industrial Hygienists
NFPA: National Fire Protection Association
CPSC: Consumer Products Safety Commission
FHSA: Federal Hazardous Substances Act (administered by CPSC)

17.7 Volatile Organic Substances (VOCs)

Around 1966, Los Angeles, California, enacted a regulation called Rule 66 to try to stop the release of
photogenic materials into the atmosphere which cause smog. This rule dictated what materials are
controlled and at what levels. Xylene could only be at 12 volume percent in a paint. Toluene was at 20
volume percent. Soon afterwards, San Francisco enacted Regulation 3, which is the same thing. Years
later, the concept of photochemically reactive solvents spawned the volatile organic compounds (VOCs)
concept of total release of any solvent into the atmosphere. These rules and regulations have gone through
a number of iterations. Some solvents were banned and then reinstated for use as more testing was
performed. Now we have Hazardous Air Pollutants (HAPs). Some solvents meet this ever-changing
standard, and some do not.

17.8 Food and Drug Administration (FDA)

When a coating or ink is related to food, drugs, or cosmetics, another set of regulations covers the area.
This is Title 21 of the CFR (Food and Drugs). Section I, Food and Drug Administration, Department
of Health and Human Services, covers the materials that may come in direct or indirect contact with
foods and what materials may be used in cosmetics and drugs. For example, colorants (pigments and
dyes) are covered in one area, while resins and binders are covered in another area. Note that neither
the FDA nor the USDA (United States Department of Agriculture, another set of regulations) will
stipulate the compliance of a paint or ink to a regulation. The best you can get is that the ingredients
are listed somewhere.

2007 by Taylor & Francis Group, LLC

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Coatings Technology: Fundamentals, Testing, and Processing Techniques

17.9 Which Regulation?

The above lists are by no means complete. They give an indication of what is happening. Many companies
retain employees just to handle the regulations to make sure they are in compliance. In the long run, the
question is, What are the regulations for your product?

2007 by Taylor & Francis Group, LLC