January 2018

Goodbye 2017, Hello HCPA

January has arrived, marking the end of a very active year in Washington. In 2017, CSPA successfully tackled numerous regulatory and legislative issues affecting the aerosol community and the industry at large. However, we are facing an increasingly complicated political environment at all levels of government, and during these challenging times, CSPA has been listening and evolving to better meet member needs. As part of these changes, CSPA is pleased to share that moving forward, the organization will be known as the Household & Commercial Products Association (HCPA). The new HCPA brand will more clearly reflect who we serve and the change is the result of a nearly year-long process that was based on the findings of comprehensive research, multiple focus groups and key stakeholder input (see more on p. 36 of the January SPRAY).

The new tagline—“Innovative Products for Home. Work. Life.”—will build on the concept that for daily life and for life’s memorable moments, household and commercial products are with consumers and workers every step of the way. As the association for this dynamic industry, HCPA will be with its members as we navigate the ever-changing marketplace and political climate in 2018. What follows is a brief overview of some of our major issues in 2017.

  • California became the first state to enact an ingredient communication law with SB-258 Cleaning Product Right to Know Act of 2017. CSPA played a leading role in the intense NGO/industry stakeholder negotiations necessary to pass this bill and bring together an unprecedented coalition of support. The new law requires disclosure of intentionally added ingredients; requires manufacturers to provide specific ingredient information, both on label and online, which each have different requirements; and disclosure of certain non-functional ingredients. The law also sets out a naming convention hierarchy of any disclosed ingredient. One of the top two options is the Household & Commercial Products Association Consumer Product Ingredients Dictionary (HCPA Dictionary), with the other being the International Nomenclature of Cosmetic Ingredients (INCI), followed by the International Union of Pure and Applied Chemistry nomenclature (IUPAC), Chemical Abstracts Index name and Common Chemical Name. The requirements begin going into effect Jan. 1, 2020 and companies are encouraged to begin preparing today.
  • The U.S. Environmental Protection Agency (EPA) has been implementing the revised Toxic Substances Control Act (TSCA). This past summer, EPA met their statutory deadline and released the three framework rules, scoping documents (and problem formulation) for risk evaluation of the first ten chemicals under TSCA review and the Interim Active TSCA Inventory. The three framework rules are an Inventory Rule (requirements on industry reporting of chemicals manufactured, imported or processed in the U.S.), a Prioritization Rule (establishing EPA’s process and criteria for identifying high-priority chemicals to review) and a Risk Evaluation Process Rule (establishing EPA’s process for evaluating high-priority chemicals to determine whether they pose an unreasonable risk to human health or the environment). EPA has increased the focus on use and exposure information to fill data needs or refine uses to better differentiate various use scenarios that should result in an improved risk assessment; however, this may have significant impacts throughout the chemical industry, not just the aerosol industry.
  • To follow the Kigali Amendment, EPA published in 2015 the Significant New Alternatives Policy (SNAP) Rule 20 which prohibited the use of certain high-GWP (global warming potential) hydrofluorocarbons (HFCs) as alternatives to Chlorofluorocarbons (CFCs). Of note for the aerosol industry is the prohibition of 134a except for the listed critical uses. On Aug. 8, 2017, the U.S. District Court of Appeals for the District of Columbia ruled that EPA exceeded its authority under the Clean Air Act (CAA) to phase out HFCs under the SNAP program. Two manufacturers of HFCs sued EPA regarding activities on the SNAP Rule 20—prohibition on the use of certain high GWP HFCs as alternatives arguing that the EPA could not use the SNAP program on substances that do not deplete the ozone layer, to which a three-judge panel agreed. On Sept. 22, the manufacturers of alternatives to HFCs and the Natural Resources Defense Council (NRDC) petitioned the full D.C. Circuit to rehear the three-judge panel decision to vacate SNAP Rule 20, arguing that the CAA does provide EPA the authority to replace alternatives. While aerosol manufacturers and others wait on the D.C. Circuit to decide to rehear the case, the decision to overturn SNAP Rule 20 is suspended.

In 2018, activity at the state level is expected to be much more prevalent than federal action.

  • California has previously made amendments to Article 6, Clear and Reasonable Warnings, of the California Code of Regulations—better known as the Proposition 65 warnings regulation—which becomes effective Aug. 30, 2018. This update establishes new “safe harbor” warning language requirements for listed chemicals.
  • New York has also been considering ingredient communication requirements. HCPA and allied stakeholders have worked together to educate policymakers on the consequences of unfeasible or contradictory disclosure requirements.
  • Multiple states are expected to increase Extended Producer Responsibility (EPR) recycling programs, which may cause aerosol manufacturers and importers to increase their reporting requirements to various states.
  • Multiple states are also expected to continue to push restrictions on the use of various active ingredients for pesticides, especially neonicotinoids and chlorpyrifos.

The year 2018 will present many new and familiar challenges, but we look forward to working with you, in addition to the federal, state and local governments, to ensure that our industry is regulated responsibly. On behalf of everyone at HCPA, I would like to wish you a happy New Year! SPRAY