Regulatory Issues

Written on: June 1, 2020 by Doug Raymond



The California Air Resources Board (CARB) staff continues to work on the current rule development.

Workshop April 14
On April 14, 2020, CARB held an online workshop to discuss its current proposal for the volatile organic compound (VOC) amendments for Consumer Products.
CARB began the presentation with its State Implementation Plan (SIP) goals.

The SIP requirements are a reduction of 1–2 tons per day (tpd) in the South Coast Air Quality Management District (SCAQMD), which equates to 2–4 tpd statewide by 2023, as well as SIP requirements of 4–5 tpd in SCAQMD or 8–10 tpd statewide by 2031. To accomplish these emission reductions, CARB has targeted seven product categories, detailed below.

1. Manual Aerosol Air Freshener is proposed for a 10% VOC limit in 2023 and a 5% VOC limit by 2027.
a. Plus, three subcategories proposed:
i. Automatic Aerosol Air Freshener—30% VOC limit 2023
ii. Concentrated Aerosol Air Freshener—15% VOC limit by 2023; 5% VOC limit by 2031
iii. Total Release Air Freshener—25% VOC limit by 2025
b. New definitions for all categories
2. Aerosol Crawling Bug Insecticide—6% VOC limit by 2029
3. Hair Finishing Spray—50% VOC limit by 2023; 45% VOC limit by 2029
4. Dry Shampoo—55% VOC limit by 2023; 45% VOC limit by 2029
5. Temporary Hair Color—55% VOC limit currently; 45% VOC limit by 2029
6. Hair Shine—55% VOC limit currently; 45% VOC limit by 2029
a. Definition changes
7. Personal Fragrance Products—< 20% Fragrance category is being modified to:
a. Personal Fragrance Products < 10% Fragrance—68% VOC limit by 2023; 50% VOC limit by 2027
b. This means all products from 10%–20% stays at 75% and all products above 20% can move from 65% to 75%.

2% Fragrance exemption sunsetting
CARB is proposing to sunset the 2% Fragrance exemption in 2031. In addition, it proposes to add the following:
• Allow 0.25% monoterpenes in non-aerosol General Purpose Cleaners and Degreasers beginning in 2023
• Maintain 0.25% fragrance exemption inclusive of monoterpenes after 2031.

This has been the first time CARB has moved on this issue. Below, please find all the proposed limits & reductions:

Other topics CARB discussed included:
• Additional compounds proposed for Maximum Incremental Reactivity (MIR) table (Section 94700):
o HFO-1233(zd)
o Alkane Mixed—minimally 90% C13 and higher carbon number
o Diethyl Carbonate

• Incentives for the use of Compressed Gas Propellants instead of Liquified Gas Propellants. This use would need to be done through an Innovative Product Exemption.
• Prohibition of chlorinated compounds use proposed in these categories:
o Manual Air Freshener
o Hair Finishing Sprays
o Dry Shampoo
o Hair Shine
o Temporary Hair Color (Aerosol)
o Personal Fragrance Product (less than 10% Fragrance)
o Aerosol Crawling Bug Insecticide
• Potential prohibition of the use of parachlorobenzotrifluoride (PCBTF) in the above categories.
• Proposed retail ban of Energized Electrical Cleaner and Energized Electronic Cleaner, as well as the restriction of Energized Electronic Cleaner use in Automotive Maintenance. CARB has not given any sufficient reasons for these restrictions.
• Alternative Control Plan (ACP) changes.
o CARB proposes to limit the ACP products for those slightly under the limit. We need to review.
• Innovative Product Exemption (IPE)
o CARB proposes to eliminate products that use combustion to reduce VOC emissions.
• Web-based claims
o CARB is proposing the use of claims on company websites to classify product categories. This is a major departure from using only the label for this classification. We need to monitor the wording closely.
Comments were due by May 14.

April 20 Webinar
On April 20, 2020, CARB staff from the Monitoring & Laboratory Division held a webinar to discuss proposed changes to Test Method 310, which determines the amount of VOC or low vapor pressure (LVP) in products. This is a very important topic. Unfortunately, no comments were made by Industry and CARB staff quickly went through the presentation. The whole webinar lasted only 15 minutes. Thus, Industry needs to closely review these changes and comment back to CARB. The presentations for both the workshop and the webinar can be found here.

Finally, on May 1, 2020, CARB emailed the Fiscal Year Preliminary Fee Determinations for Fiscal Year 2020–2021 to companies that have total annual California sales of consumer products containing in aggregate 250 tons (or more) of VOCs. CARB will not be sending preliminary determinations through standard mail this year as it usually does.

Preliminary FY2020–2021 fee determinations are based on the 2015 Consumer & Commercial Product Survey and 2010 Aerosol Adhesives & Aerosol Coatings Survey data. Emissions were grown to a 2018 calculation base year using California Dept. of Finance population data.

After you receive this preliminary fee, your company should review this information. CARB staff will provide more information if needed. Your company has 60 days to challenge this preliminary fee. Therefore, you must send your challenge to the fee amount in writing—to CARB before July 1, 2020.

New York is still moving ahead with its VOC regulation and Vermont is getting on the bandwagon regarding hydrofluorocarbon (HFC) regulations. More to come in the next issue. STAY WELL! SPRAY