CARB, New Hampshire Ozone Transport Commission and DTSC

Written on: October 30, 2013 by Doug Raymond

On Sept 26, 2013 The California Air Resources Board (CARB) held an Executive Board hearing to adopt amendments to the Consumer Products regulation and to the Aerosol Coating Products regulation. The formation of these amendments has been in development for over two years. Some of the highlights for the Consumer Products regulation are the following:
• HFO-1234ze was added to the list of exempt volatile organic compounds (VOC) compounds in 
the state of California for Consumer Products.
• There were changes to several lubricant definitions that clarify the categorization of several
products. Most importantly, Dry Lubricants; Gear, Chain and Wire Lubricant; and Multi- purpose Lubricant definitions were modified.
• There was an addition of Single Purpose Cleaner and Degreaser definitions. The addition of these two definitions clarifies the use of products that are used for a single purpose and are not general-purpose products.
• The delay of the 10% VOC limit for Multi-purpose Lubricant from 12/31/2015 to 12/31/2018 will provide industry time to meet this stringent future effective limit.
• Changes to the Hair Spray definition should clarify the issues for this category.
• New Spray Adhesive limits will be very difficult to meet. Industry will have a challenge to meet these limits.
• Likewise, the new Multi-purpose Solvent and Paint Thinner limits in the South Coast Air
Quality Management District (SCAQMD) will be very challenging.  Product efficiency will likely be degreased.
• Remember, there are new VOC limits for Aerosol Multi-purpose Solvents and Aerosol Paint Thinners.
For the Aerosol Coating Product Regulations there are too many changes to highlight. If you make Aerosol Coatings, I highly recommend that you review this regulation closely:
• The biggest change is that all products meeting the definition of aerosol coatings are regulated by this regulation unless specifically exempted. This means review product labels closely and make sure claims represent the appropriate category for your product.
• There are numerous changes and additions to definitions; please review to make sure you understand the changes.
• There are numerous changes to VOC limits; start reformulation of products now.
Industry is still working with CARB on the effective date of 2010 MIR values that will be used for the future effective limits. Remember, some limits are effective 1/1/2015 and others are effective 1/1/2017. Now that the board has approved these amendments, CARB can begin to prepare for finalization of these amendments. The amendments need to be submitted to the Office of Administration Law (OAL) before the amendments become final. In the meantime, CARB will continue working on new issues. Industry will need to closely monitor the low vapor pressure (LVP) research work. In addition,CARB will be starting work on a new and comprehensive product survey, so stay tuned. 
Review these at, Appendix B & C.
OTC updates
New Hamsphire began work in October to update their state rule with the new Ozone Transport Commission (OTC) model rule. As this rule progresses, we will keep you informed. OTC continues 
to push the U.S. Environmental Protection Agency (EPA) into making this new OTC model rule a 
national rule.
Green Chemistry 
The Dept. of Toxic Substances Control (DTSC) Safer Consumer Products regulations took effect Oct. 1, 2013 and will be phased in over the next several years. The goals of this program are to reduce toxic chemicals in consumer products, create new business opportunities in the emerging safer consumer products economy, and reduce the burden on consumers and businesses struggling to identify what’s in the products they buy for their families and customers.
  1. Timeframe for Implementation Milestones
  2. Initial Candidate list: Effective date of the regulations
  3. First “Proposed” Priority Products list: 180 days after the regulations effective date
  4. First Priority Products list finalized: Requires rulemaking (may take up to one year)
  5. Priority Product Notification: 60 days after listing on final Priority Products list
  6. Preliminary Alternatives Analysis (AA) Report: due to DTSC 180 days after listing on final Priority Products list
  7. Final AA Report: due to DTSC one year after the notice of compliance for the Preliminary AA Report
  8. Regulatory Response Implementation: To be specified by DTSC in the regulatory response determination 
The list of chemicals can be found at Stay tuned as the regulation unfolds. Significant work will be needed.  SPRAY