October 2013

WAIB October Legislative Update:

Canada
On September 16, 2013 Environment Canada (EC) issued a proposal to add 13 compounds to the VOC Exclusion list under Schedule 1 of CEPA.  A 30 day comment period commenced.  Some of the compounds include TBAC, DMC, HFO-1234ZE, and HFO-1234YF.  Comments were submitted by CPCA in support of the proposal.

California
California Air Resources Board (CARB)- On September 26, the California Air Resources Board (CARB) voted unanimously (with one recusal) to support the resolution on the Proposed Aerosol Coating Products and Consumer Products Regulations.  Staff proposed a subsequent 15-day public comment period to address technical issues related to the clarification of VOC limits for multipurpose solvents and paint thinners in the South Coast Air Quality Management District (SCAQMD) and a drafting error in the Method 310 language.
It is expected the Air Quality Planning and Science Division staff will prepare andrelease the proposed technical changes for a 15-day public comment period prior to the end of the year.

Department of Toxic Substance Control (DTSC) -Green Chemistry –  On October 1st the DTSC announced the launch of its Safer Consumer Products (SCP) program.  DTSC published informational lists of candidate chemicals on the new Safer Consumer Products Web site.  The purpose of these informational lists is to inform stakeholders about chemicals that may be named as Chemicals of Concern if they are later identified by DTSC as part of a product-chemical combination that is listed as a Priority Product.  DTSC expects to identify up to five priority products by April of 2014.  Makers of those products will be expected to march through the onerous requirements of the SCP program.

South Coast Air Quality Management District (SCAQMD) - Rule 1168 Adhesives and Sealants – On September 19th, SCAQMD held their 3rd work group meeting on proposed amendments to Rule 1168.  As usual with the SCAQMD, they are attempting to extend their authority to include products already regulated by CARB.  In this rule, they are attempting to bring in Aerosol Adhesives and consumer adhesive products used in manufacturing processes.  Even though SCAQMD has admitted the VOC reductions from this rule will be minimal they intend to proceed.  There are categories of overlap with other rules and definitional issues they intend to clarify during the rule making along with lowering limits wherever possible.

New Hampshire
The New Hampshire Department of Environmental Services (DES) issued its initial proposal to readopt and amend the consumer products regulation (Env-A 4100). New Hampshire Rulemaking Register (Sept. 19, 2013).
The DES held a public hearing on Thursday, October 17, in Concord, NH. Written comments must be filed on or before 4:00 p.m. on October 24.

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