Written on: August 1, 2023 by Nicholas Georges
The aerosol industry has been facing a number of pressure points over the last several years, including tariffs, supply chain disruptions and labor shortages. However, new and revised regulations might be the most significant source of pressure—not just on the aerosol industry, but on all businesses.
While there are some regulations that require a heavy lift to comply, like meeting the stringent requirements of the California Air Resources Board’s (CARB) General Consumer Products Regulation, it’s the volume of recent regulatory activity that is serving as the greatest source of pressure for companies these days.
The Federal government recently publishedi an updated regulatory agenda, some of which the Household & Commercial Products Association (HCPA) is monitoring and engaging in for the aerosol industry.
Consumer Product Safety Commission
In 2021, Families United Against Inhalant Abuse (FUAIA) submittedii a petition to the Consumer Product Safety Commission (CPSC) requesting a rulemaking to adopt a mandatory safety standard for duster aerosol products. CPSC staff is expected to send a briefing package to Commissioners in August 2023 with recommendations to reduce the risk of intentionally inhaling aerosol dusters.
The CPSC is required by Congress to promulgate a final consumer product safety standard for button cell/coin batteries and consumer products containing button cell/coin batteries by August 16. If you sell aerosol products that utilize battery-operated dispensing systems, check the system to confirm what type of battery it uses.
Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) will continue implementing the Pesticide Registration Improvement Act of 2022 (PRIA 5), including bilingual labeling, activities related to the Endangered Species Act, the establishment of a training program for EPA staff, and the initiation of a third-party audit of the Pesticide Program.
The EPA should complete a couple of rulemakings under the American Innovation & Manufacturing (AIM) Act this year. This includes the allowance allocation methodology for 2024 and beyond, as well as adding restrictions on the use of certain hydrofluorocarbons (HFCs) (i.e., those with high global warming potential: GWP > 150).
The EPA is expected to finalize amendments to the National Volatile Organic Compound (VOC) Emission Standards for Aerosol Coatings. This rulemaking should align the EPA’s rule with CARB’s Regulation for Reducing the Ozone Formed from Aerosol Coating Product Emissions.
Under the Toxic Substances Control Act (TSCA), the EPA is in the process of proposing risk management rules for Existing Chemicals Program, including Methylene Chloride, Perchloroethylene, Trichloroethylene, 1-Bromopropane, n-Methylpyrrolidone and 1,4-Dioxane. Also under TSCA, the EPA will establish a process for conducting risk evaluations to determine whether a substance presents an unreasonable risk to human health or the environment; establish reporting requirements based on a chemical’s status in the Risk Evaluation/Risk Management process and update reporting requirements under the Chemical Data Reporting (CDR) regulation; develop significant new use rules (SNURs) on conditions of use identified as not currently ongoing in the final scope documents for High Priority Substances undergoing risk evaluations; and adding reporting and recordkeeping requirements for PFAS substances. The EPA has finalized new and amended rules concerning the assertion and maintenance of claims of confidential business information (CBI) under TSCA, which take effect in August 2023.
The EPA is developing a rulemaking to add certain PFAS to the list of chemicals reportable under section 313 of the Emergency Planning & Community Right-to-Know Act (EPCRA). A proposed rule is expected by the end of the year.
The EPA is also currently reconsidering the National Ambient Air Quality Standards (NAAQS) for Particulate Matter & Ozone.
Federal Trade Commission
It’s been more than a decade since the U.S. Federal Trade Commission (FTC) last updated its Guides for the Use of Environmental Marketing Claims (Green Guides). Earlier this year, the FTC solicited input from stakeholders on potential updates and changes to the Green Guides. While the public comment period has closed, it is likely that more activity will arise once the comments have been reviewed and analyzed.
Food & Drug Administration
Last year, Congress passed the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), which requires the U.S. Food & Drug Administration (FDA) to propose and finalize regulations to establish Good Manufacturing Practices (GMPs) for facilities that manufacture cosmetic products, propose fragrance allergen labeling requirements and establish testing methods for detecting and identifying asbestos in talc-containing cosmetic products. MoCRA will also require manufacturers to register their facilities with the FDA, submit lists of products with ingredient information to the Administration, report serious adverse events and maintain records supporting adequate safety substantiation. Further, the FDA now has the authority to order a mandatory recall if a company refuses to do so voluntarily.
Occupational Safety & Health Administration
The U.S. Occupational Safety & Health Administration (OSHA) is expected to finalize amendments to the Hazard Communication Standard (HCS) before the end of the year. The modifications are expected to align the HCS with the 7th edition of the Globally Harmonized System of Classification & Labeling of Chemicals (GHS), as well as incorporate some elements from the 8th edition.
OSHA is also exploring the possibility of modernizing the Process Safety Management standard, and related standards, with the goal of preventing major chemical accidents.
This is neither an exhaustive list of all the Federal activity that HCPA is monitoring, nor does it include any of the State activity that HCPA is tracking. For more information about these updates or other regulatory issues, please contact me at ngeorges@thehcpa.org. SPRAY
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