September 2021

Regulatory Issues

CARB
2022 Scoping Plan Meeting
The California Air Resources Board (CARB) held a virtual Public Workshop on Aug. 17 to update its 2022 Scoping Plan; this was to assess progress towards achieving the Senate Bill 32 2030 target and laying out a path to achieve carbon neutrality by no later than 2045. CARB will initiate development of modeled scenarios to illustrate outcomes that lead to carbon neutrality. This workshop provided an opportunity for stakeholders to provide input on key questions related to future energy and technology options to help define paths to achieve carbon neutrality.

California achieved its 2020 target four years earlier than mandated and the 2017 Scoping Plan Update laid out a cost-effective and technologically feasible path to achieve a 40% reduction from 1990 levels by 2030. Achieving carbon neutrality will bring a number of changes to California, including moving the State away from fossil fuel combustion in a manner that supports job retention and creation as California makes a transition towards a clean energy economy.

This workshop was part of a series of workshops CARB is hosting in support of the 2022 Scoping Plan Update.

In 2006, the Legislature passed the California Global Warming Solutions Act of 2006 [Assembly Bill 32 (AB 32)], which created a comprehensive, multi-year program to reduce greenhouse gas (GHG) emissions in California. AB 32 required CARB to develop a Scoping Plan that describes the approach California will take to reduce GHGs to achieve the goal of reducing emissions to 1990 levels by 2020.

Each of the Scoping Plans have included a suite of policies centered around regulations, incentives and carbon pricing to help the State achieve its GHG targets, in large part by leveraging existing programs whose primary goal is to reduce harmful air pollution. The Scoping Plan will likely affect the use of hydrofluorocarbons (HFCs) in the future.

Relevant materials were made available on CARB’s AB 32 Climate Change Scoping Plan Meetings & Workshops webpage prior to the workshops.

Full workshop details will be provided in a future issue of SPRAY.

15-day changes
As we go to print, CARB is likely to release its wording for the 15-day changes in mid- August. This 15-day change notice is the next step in finalizing the Amendments to the Consumer Product regulation that was adopted in March 2021.

CARB staff is clarifying the language for fragrance exemption and updating the language on the Innovative Product Exemption (IPE). The IPE language adds provisions for the use of compressed gases and liquified gases to be used in Hair Spray, Dry Shampoo and Personal Fragrances in an attempt to lessen the use for exempt HFC compounds.

When this wording is released, Industry will have 15 days to respond. If there is no significant push-back, then the Amendments will proceed to be finalized by CARB staff.

Other VOC activity
It appears that the State of Ohio will be updating its Consumer Products Rule on volatile organic compounds (VOCs). Currently, the State is conducting an Early Stakeholder Outreach on its Consumer Product Rule.

Comments are due to the Ohio Environmental Protection Agency Division of Air Pollution Control (Ohio EPA DPAC) by Sept. 8. Ohio will likely adopt the Ozone Transport Commission (OTC) Model Rule (IV), which has also been adopted by Colorado, Connecticut, Delaware, Maryland, New Hampshire, New York, Rhode Island and Utah. Remember, no State has adopted OTC model Rule (V). There will be more to come on this rule.

American Innovation & Manufacturing (AIM) Act
The U.S. Environmental Protection Agency (EPA) is working on finalizing its rule on HFCs that will establish provisions for HFC production and consumption. We expect to see a rule in mid-to-late September. SPRAY