March 2019

Regulatory Issues

On Jan. 15, 2019, the California Air Resources Board (CARB) held a public webinar to discuss the results of the Draft 2013, 2014 and 2015 Consumer Products data. The results of the survey were released on Feb. 16, 2018 and are on the CARB website at:
The webinar recording is on the CARB website for those who may have missed it. Here are the highlights:

• 491 Product categories
• Approximately 1,400 companies participated
• Approximately one million products reported
• Approximately 8.45 million ingredients reported

Needless to say, this is the largest accumulation of consumer products data ever reported. CARB is requesting feedback on this data by March 6, 2019. It is extremely important that Industry review this information for accuracy. This data will be used in the next rulemaking.
In addition to discussing survey results, CARB also shared the new rulemaking timeline. The initiation of the next rulemaking will be the spring of 2019—very likely the first week of April. This is only one month away, which is even more reason to review the survey data. CARB has stated that the rulemaking needs to be concluded by the end of 2020 to ensure the state implementation plan (SIP) emission reductions needed by 2023 are accomplished.

Multi-purpose lubricant amendments
The Office of Administrative Law (OAL) has finally approved the amendments adopted by the CARB Executive Board. This means the process is now complete and the amendments will now be added to the regulations. This is very good news for the manufacturers and marketers of multi-purpose lubricants. It provides an option to use mass-based limits or reactivity-based limits. Remember, this is the first consumer product other than aerosol paint that will utilize the concept of reactivity for regulation. Therefore, in our next rulemaking in April, maybe we should push for reactivity limits.
The concept of reactivity is a sound, scientific way of regulating consumer products because any reduction in the reactivity of a product is also a reduction in ozone formed. This is not always true with mass-based volatile organic compound (VOC) reductions.
I will attempt to get information on how to register a multi-purpose lubricant product if using the reactivity option by next month’s column.

On Jan. 28, 2019, the Colorado Dept. of Public Health & Environment (CDPHE) held its first public stakeholder meeting for adopting new state VOC regulations for consumer products and architectural and industrial maintenance (AIM) coatings.
Fewer than ten people showed up for this first meeting. Currently, CDPHE is proposing to use Phase 4 of the Ozone Transport Commission (OTC) Model rules. Industry commented that it would be more prudent to use Phase 2 of the OTC Model rules due to the fact that is where most of the OTC states are now.
One positive action was that the CDPHE was proposing a sell-through period for products, but dropped this provision at the meeting in favor of an unlimited sell-through. Comments were due to CDPHE by Feb. 11.
The future timeline proposed is April 18, 2019 for the CDPHE to propose a regulation, followed with a hearing on the regulation on July 18, 2019. If approved, the final rule would be released in August 2019. The effective date would be May 2020, which is less than a year to comply. If you have an interest in this rule, feel free to contact me.

Industry is continuing to work with Canada to develop a reasonable VOC regulation. On March 5, Industry met with Environment & Climate Change Canada (ECCC) to discuss the details of a consumer product VOC regulation. This has been a tough negotiation and appears to be continuing.

The Dept. of Toxic Substance Control (DTSC) has adopted a regulation listing paint or varnish strippers containing methylene chloride as a Priority Product. Effective Jan. 1, 2019, the Priority Product listing
triggers the next steps in the Safer Consumer Products program in which responsible entities determine if they will conduct an Alternatives Analysis (AA).
The California DTSC’s Safer Consumer Products (SCP) Program conducted a webinar on Feb.7, 2019 concerning SCP AA. The goal of this webinar was to provide participants with information that will be helpful in conducting the initial steps required in the SCP AA process. SCP staff presented information on the Priority Product Notification, First Stage and Second Stage AA Process, options to AA reports, AA extensions, trade secret protection and resources available for entities when conducting an AA.  SPRAY