Regulatory Issues

Written on: March 1, 2022 by Doug Raymond

There is significant activity going on throughout the country, starting in California with the California Air Resources Board (CARB), which has three different issues moving through individual processes.

CARB SIP Released
CARB hosted its third public workshop on Feb. 10 to discuss the draft State Implementation Plan (SIP). The workshop included a brief, high-level overview of the draft document followed by an opportunity to ask questions and engage in discussion with CARB staff, provide feedback on staff’s draft measure and suggest additional potential measures for the State to pursue. Companies are encouraged to submit comments through March 4 for consideration in the final draft of the 2022 State SIP Strategy.

It is imperative that Industry follow and participate in this process. Remember, Consumer Products are the largest sources of emissions per the CARB data, meaning that they have a very large target on their backs. Even though we know that very little can be done to reduce Consumer Products to a significant extent—since we have been reducing volatile organic compounds (VOCs) in products for the last 30 years—Consumer Products are made up of numerous small categories that are very difficult to regulate and some categories technically cannot have VOC reductions.

For more information, visit here.

CARB Research Project
CARB staff conducted a Public Hearing on Jan. 27 to present its Research Plan to the Board. One research project in the plan is Understanding the Link Between Volatile Chemical Products (VCP), Secondary Organic Aerosol (SDA) & California’s Current Atmospheric Chemical Regime(s). The objective of this research is to analyze recently collected air quality data to improve particulate matter (PM). These analyses will assist in the development of regulatory policies critical to improve air quality in the South Coast Air Basin (SoCAB) and attain compliance with the Federal annual PM2.5 standard. This means it will be used by CARB when reviewing sources to be regulated.

Following the Board hearing, CARB hosted a solicitation workshop on Feb. 23, where staff provided an overview of the solicitation requirements and project details. Pre-proposals must be submitted to CARB by March 14; winning applicants will be notified by April 4.

CARB Scoping Plan Updated
The 2022 Scoping Plan Update will assess progress towards achieving the Senate Bill 32 (SB 32) 2030 target and lay out a path to achieve carbon neutrality no later than 2045. The Scoping Plan workshop discussed CARB’s planned qualitative and quantitative health analysis in collaboration with the California Dept. of Public Health (CDPH) and the Office of Environmental Health Hazard Assessment (OEHHA). This effort will build upon and broaden the assessment of public health included in previous scoping plans. It will focus on the benefits associated with a dramatic reduction in greenhouse gases compared to the public health impacts from a continued reliance on fossil fuel combustion.

CARB is hosting a series of workshops to support the 2022 Scoping Plan Update. Relevant materials are available on CARB’s AB 32 Climate Change Scoping Plan Meetings & Workshops webpage.

The South Coast Air Quality Management District (SCAQMD) will have its first Working Group Meeting on the Technical Assessment for Rule 1168 Adhesive & Sealants. This is a district rule and affects mainly industrial uses. The last time this rule was amended, SCAQMD staff considered Consumer Product Adhesive; we need to therefore monitor this rule development closely. This rule has been amended 14 times since its adoption in 1989.

The Working Group Meeting provided stakeholders with an opportunity to work with SCAQMD staff and provide feedback on the technology assessment.

For questions or comments, contact Mojtaba Moghani, Air Quality Specialist at 909-396-2527. For more information, visit here.

Washington State HFC Rule
On Feb. 3, the State of Washington Dept. of Ecology held its first stakeholder meeting for its new hydrofluorocarbons (HFCs) rulemaking. The online meeting provided an overview of Washington’s new HFC law and sought feedback on initial draft rule language for the maximum global warming potential (GWP) thresholds for new stationary refrigeration and air conditioning equipment. It will address other sections of the HFC law in future meetings.

Visit the HFC rulemaking webpage for more information.

This stakeholder meeting only addressed stationary refrigeration. The next stakeholder meetings will address:
• Small cans used for recharge in automobiles
• Non-essential Consumer Products
• New labeling provision

Therefore, we need to closely monitor this activity to ensure that there are no surprises.

If you have questions, or would like to receive the draft language in word format with changes shown, contact Linda Kildahl, Rulemaking Lead, at or 360-706-3038. SPRAY