December 2012

Regulatory Issues

SCAQMD
On Dec. 7, 2012, The South Coast Air Quality Management District (SCAQMD) will hold a
hearing on their Air Quality Management Plan (AQMP). At this hearing, the board will vote
on the AQMP. One small section of this AQMP could have significant impact on our Industry.
Provision CTS-04 in the AQMP requires the California Air Resources Board (CARB) to revise
the low vapor pressure volatile organic compound (LVP-VOC) definition. The newest version of
the AQMP removed the word “eliminate” from this provision and changed it to “revise.” This
issue should not be new information for you. Our industry has been dealing with this since early
July of this year. This provision, if adopted, will have long lasting effects on our industry. LVPVOCs have been used to justify almost all of the VOC limits that have been adopted in the last
decade or more. Industry has used LVP-VOC to replace higher, more reactive VOCs, thus have
significantly reduced VOC emissions.
The Dec. 7 meeting should only be the beginning of our fight on this issue. At the end of
January, CARB will have a hearing on the AQMP. If you cannot make this meeting, plan to make
the January meeting. In addition, send in comments to CARB. Industry needs to push back hard
on this issue; otherwise, we will end up without any tools to reformulate our products. I must say
this again—this is a significant issue for the Industry. Get involved and stay involved!
CARB
The California Air Resources Board (CARB) has issued the preliminary assessments for the
2012/2013 year. The notices went out on Oct. 18, 2012. Industry has 60 days to review the notice
and comment to CARB. If you are going to contest the fee, then the sooner the better. Remember,
you only have 60 days to supply CARB with information. This means that your company has until
Dec. 17, 2012 to contest the fee notice.
CARB Future Effective limits
Starting on Jan. 1, 2013 new limits for several categories will become effective. In addition,
more restrictions on toxic compounds, GWP compounds and alkylphonol ethoxylate surfactants
become effective. See the October issue of Spray Technology for complete listings.
Green Chemistry
The Dept. of Toxic Substance Control (DTSC) in California is reviewing the comments on
their proposed Safer Consumer Product regulation. Industry and non-government organizations
(NGOs) submitted numerous comments. Industry is expecting DTSC to release a revised
proposed regulation after reviewing the comments for further comment. The next comment
period will likely only be for thirty days, thus we will need to quickly review and comment on the
proposed regulation.