Regulatory Issues

Written on: November 1, 2016 by Doug Raymond

Industry members presented the California Air Resources Board (CARB) with an Aerosol 101 on Oct. 5 in Sacramento, CA. In attendance were approximately 20 industry members and 25 CARB personnel, including those from the Planning Section, Enforcement Division, R&D and the Testing Laboratory.

The Aerosol 101 was a full day of presentations with CARB learning about the following components:

  • Valves
  • Cans
  • Caps
  • Propellants
  • Solvents

At CARB’s request speakers presented basic information on the following categories:

  • Lubricants
  • Sunscreens
  • Air Fresheners
  • Hairsprays

The combination of the presenters’ experience totaled 465 years in the aerosol industry; adding in that of industry spectators, there was easily over 500 years of combined experience in the room.

CARB took advantage of this opportunity and asked numerous questions; it was a very interactive session. In the future, we may plan an Aerosol 201 and provide more in-depth information on aerosol packaging.

The State Implementation Plan (SIP) for California is still moving along. The SIP is the master plan for the State to come into compliance with the Ozone Standard. CARB sets emission goals for all categories: cars, trucks, off-road vehicles, plants and, yes, Consumer Products. Consumer Products are one of the largest sources of VOC emissions in the state. However, due to modeling, CARB is focusing most of its emission reduction on NOX emissions. CARB had been proposing 10 tons per day of emission reduction. Recently, CARB started the plan to slightly modify this proposal to 8–10 tons per day. According to CARB, these emissions are necessary to maintain Consumer Product emissions at their current state. Due to population growth, Consumer Products emissions are projected to grow at a rate of 8–10 tons per day statewide from 2023–2031.

Regulations on Consumer Products to achieve these emission reductions could start as early as the end of 2017.

On Sept. 22, the CARB Executive Board held a public meeting to hear comments on the proposed SIP. However, no changes were made to Consumer Products as a result of that meeting.

Future Effective VOC limits

As of 1/1/2017, three Aerosol Adhesive categories have new limits. They are the following.

  Current 1/1/2017
Mist Spray 65% 30%
Web Spray 55% 40%
Screen Printing None 55%

These limits will be difficult to reach. Remember, there is a three-year sell-through for all product manufactured and date coded before the effective date.

CARB Survey
The last phase of the CARB Survey was due Nov. 1. This information was required to be submitted. The information will be used to develop a comprehensive inventory of Consumer Product emissions and, yes, likely used to further regulate our products—that is why it is important to have accurate data.

Ozone Transport Commission (OTC) States
Maryland approved its Consumer Product Rule this month. The VOC limits in the rule become effective on Jan. 1, 2018. If the rule passes, the public hearing is proposed for Jan. 23, 2017 and the regulation will become final on March 23, 2017.

The Dept. of Toxic Substance Control (DTSC), through its Safer Consumer Products Regulation (Green Chemistry), is having a webinar on Nov. 15 to gather information on the following issues:

  • Nonylphenol Ethoxylates and Triclosan use in cleaning products and personal care products.
  • Nail Products that have potentially hazardous chemicals.
  • Perfluoralkyl and Polyfluoroalkyl substances in carpet and furniture treatment products.

If you manufacture any of the above products, please contact me at and we can discuss a plan.