Regulatory Issues

Written on: April 1, 2023 by Doug Raymond

As discussed in the March issue, the California Air Resources Board (CARB) was working on the Innovative Product Exemption (IPE) Guidelines for the compressed and liquefied products provision. This provision was added to the CARB regulation during the last rule development. I predicted the guidelines would be out by the end of the first quarter and CARB staff beat this prediction by more than one month. On Feb. 16, CARB posted the Innovative Product Exemption Guidelines on its website:

The Guidelines include application forms and information requirements to apply for, and receive, the IPE. For most, applications for consumer testing will not be needed. Consumer testing is the most costly and time-consuming part of the original IPE; the new provisions for compressed and liquefied product exemption removed the need for consumer testing to develop a representative product sample.

Be sure to check out the new Guidelines if your company produces hairspray, dry shampoo or personal fragrance products.

On Feb. 8, the Clark County Dept. of Environment & Sustainability (DES) held a webinar to present the development of a consumer products volatile organic compound (VOC) regulation for Clark County only, not the entire State of Nevada. The original proposal from staff was:

• 30 days to comment
• A further 30 days for a public notice
• Set a hearing by June 6, 2023, for a June 20, 2023, public hearing
• Have the regulation effective by July 4, 2023

Worse yet, staff proposed a sell-through of 30 days. Yes, you read that right—a 30-day

Fortunately, when Industry explained during the webinar why there was no way to have a regulation in place and effective by July 4, nor a 30-day sell-through for our products, staff agreed to talk with us off-line.

The following week, several Industry members explained to Clark County DES staff in great detail the complications of trying to develop and implement a regulation in their time frame, as well as the impossibility of a 30-day sell-through. Staff understood our concerns and is in the process of reworking its proposal. We will need to wait and see how much gets changed.

Other State VOC regulations
Ohio’s Consumer Products VOC regulation becomes effective July 1, 2023, with an unlimited sell-through.

We are still working on the Michigan regulation.

Finally, we were just notified that it is likely New Jersey will start a rule development on Consumer Product VOC regulation this Summer. SPRAY