Regulatory Issues

Happy New Year! This year will be filled with new challenges as we work with the California Air Resources Board (CARB), and likely Oregon and other jurisdictions, on volatile organic compound (VOC) issues. As we will also need to work on American Innovation & Manufacturing Act (AIM) compliance, we should look at these regulations as opportunities. Let the fun begin!

CARB
On Dec. 5, 2024, CARB held a webinar on its Consumer Products Reporting Tool (CPRT) for the upcoming 2023 survey. This survey is the beginning of the next rulemaking for Consumer Products. During the webinar, CARB staff responded to Industry’s comments from the October 2024 webinar in which they shared the categories that will be surveyed.

First change—and this is a big one—CARB has dropped reporting years 2020, 2021 and 2022. CARB listened to our comments, and this update will reduce the workload significantly. Now, Industry needs to report 2023 sales and formulations for products sold into California from the following categories, which includes three new ones (listed in Bold):

• General Purpose Cleaner (non-aerosol)
• Anti-Microbial Dry Hand Wash (hand sanitizer)
• Laundry Detergent
• Hand & Body Conditioner, Cream, Lotion and Moisturizer
• Air Freshener, Liquid/Pump Spray
• Deodorant
• Plastic Pipe Cement & Primer
• Disinfectant (aerosol)
• Permanent Hair Dye
• Conditioner without styling claims
• Floor Wax Stripper
• Oven & Grill Cleaner (non-aerosol)
• Sunscreen (hair or body) (aerosol)
• Body wash/Mousse/Gel/ Soap/Foam/Scrub
• Liquid Fabric Softener
• Antiperspirant
• Dual Purpose Air Freshener/Disinfectant (aerosol)
• Paint Remover Stripper
• Thinner/Reducer/Retardant (Motor Vehicle Coating Systems)
• Paint Thinner (non-aerosol)
• Sealant or Caulking Compound (non-chemically curing)
• Lacquer Thinner
• Footwear or Leather Care Product (all other forms)
• Multi-Purpose Solvent (non-aerosol)
• Footwear or Leather Care Products (aerosol)
• Clean-Up Solvent
• Rust Preventative or Rust Control Lubricant (aerosol)
• Undercoating (aerosol only)
• Carpet & Upholstery Cleaner (non-aerosol-dilutable)
• General Purpose Degreaser (aerosol)
• Metal Polish/Cleanser (aerosol)
• Cutting or Tapping Oil (aerosol)
• General Purpose Degreaser (non-aerosol)
• Spot Remover (non-aerosol)
• Sealant or Caulking Compound (chemical curing)
• Multi-Purpose Dry Lubricant
• Penetrant

CARB’s next change was to extend the deadline for the survey until April 8, 2025. This gives Industry an extra month from the original proposal to complete the survey. Once again, they listened to our comments and incorporated a change.

CARB staff answered our questions on definitions and OTC drugs, and while we might not have liked their answers, at least they responded to our comments. Another issue was Fate and Transport; CARB is still pursuing these categories, but stated that they will consider new data. Lastly, CARB added three new product categories to our list, as indicated above, bringing the total number of categories to possibly be regulated to 37.

One other feature for this survey is that CARB staff will follow up with formulators for Responsible Parties. This means that, if you have a filler/formulator for your product, then CARB will follow up with the third party. All the responsible party needs to do is supply CARB the formulator name, contact name and email address by the deadline of Jan. 14, 2025. Even though the turnaround is short to report this information, this should lessen the burden on marketers.

Overall, CARB gave us some positive changes, indicating that our comments were received and considered. I believe this is a good sign for this rule development.

CARB Date Code
This is my annual friendly reminder about Product Dating/Date coding. Make sure you are up to date on your date code filings, as this is an area that CARB continues to become stricter with.

Date code information needs to be reported to CARB every year by your company if you do not use CARB’s standard date coding. California Section 94512 (b) product dating specifically requires all consumer products sold into the State to display the day, month and year the product was manufactured or a code indicating the date. CARB has been increasing its activity on investigating and levying fines for non-compliance of this section.

The date or date-code information shall be located on the container or inside the cover/cap so that it is readily observable or obtainable (by simply removing the cap/cover) without irreversibly disassembling any part of the container or packaging. Information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.

CARB’s standard code that must be represented (separately from other codes on the product container so that it is easily recognizable) is the following: YY DDD = Year Year Day Day Day. A manufacturer who uses this standard CARB code to indicate the date of manufacture does not have to report this code.

Failure to register a date code is subject to a fine, which seems to go up each year. Your date code explanation needs to be submitted to CARB Enforcement on an annual basis, on or before January 31 of each year, and can be sent via email to: cpenforcement@arb.ca.gov.

AIM
Remember that the AIM labeling requirement for the four-digit date code began on Jan. 1. The date code required by the AIM Technology Transition Section is the four digits of the year (i.e., 2025) placed anywhere on the container. SPRAY

CARB
The California Air Resources Board (CARB) finally released the product categories planned for the next survey; these categories have the potential to be in the next round of rule development.

On Oct. 30, CARB staff presented a webinar (view the recording here). It provided Industry with rationale for the product categories selected to be surveyed. There were three drivers—the first was to fulfill the 2022 CARB State Implementation Plan (SIP).

SIP requires CARB staff to reduce emissions in Consumer Products by 20 tons per day (tpd) by 2037. To do this, CARB needs to select categories that are either high in volatile organic compounds (VOCs) or high in sales, preferably both. CARB is looking for 20tpd emission reductions because it expects Consumer Product emissions to grow by 28tpd by 2037. Thus, the 20tpd reduction is only a partial amount of the total VOC growth that CARB is trying to remediate. For the first time in the Consumer Product Program history, the SIP commitment is expressed by a choice of two metrics: VOC tons or VOC–eq.

VOC-eq is new to the program and means VOC Equivalent Ozone Forming Potential (OFP). In short, VOC-eq uses reactivity to measure the amount of reduction. Reactivity has been used in the past Aerosol Coatings Multi-purpose Lubricant Alternative Compliance option and the new Innovative Product Exempt Provision for Hairspray, Dry Shampoo and Personal Fragrances. However, this is the first time that CARB will embark on product regulation by OFP. The product categories that are being considered for survey to fulfill the SIP commitment are:

• General Purpose Cleaner (non-aerosol)
• Anti-microbial Dry Hand Wash (hand sanitizer)
• Laundry Detergent
• Hand and Body Conditioner, Cream, Lotion & Moisturizer
• Air Freshener, Liquid/Pump Spray
• Deodorant
• Plastic Pipe Cement & Primer
• Disinfectant Aerosol
• Conditioner without styling claims
• Floor Wax Stripper
• Oven & Grill Cleaner (non-aerosol)
• Sunscreen (hair or body) (aerosol)
• Body Wash/Mousse/Gel/Soap/Foam/Scrub

As a qualifier, just because a category is being surveyed does not mean it will be regulated. There are many factors that could prevent a product category from being regulated. If you make products in the above categories, you should stay involved in this process or get involved in the process to protect your products.

The second driver is U.S. Environmental Protection Agency (EPA) regulations. Remember, EPA prohibited Methylene Chloride in Paint Strippers in 2019. The Paint Remover or Stripper product category has had to reformulate this product and may be using more VOC compounds. This is due to two factors:

1. Methylene Chloride is an exempt compound, meaning it does not count towards the VOC limit because the compound is not a VOC.
2. The limit for Paint Remover or Stripper has a VOC limit of 50%, but due to the use of Methylene Chloride, the actual average VOC content of this category was below 25% VOC.

Thus, manufacturers have likely raised the VOC content in their products. CARB is attempting to capture this change. Possibly there could be some VOC reductions of emissions from this product category that will assist with the SIP commitment.

The third driver is Toxics. CARB is attempting to reduce toxic chemicals from Consumer Products and has already prohibited some toxics—namely Methylene Chloride, Perchloroethylene and Trichloroethylene—from 43 consumer product categories. CARB will next be looking at Parachlorobenzotrifluoride (PCBTF) in Consumer Products. PCBTF is another compound that was an exempt VOC and used by manufacturers in the following 19 Consumer Product categories that will be surveyed by CARB:

1. Thinner/Reducer/Retardant (Motor Vehicle Coating Systems)
2. Paint Thinner (non-aerosol)
3. Sealant or Caulking Compound (non-chemically curing)
4. Lacquer Thinner
5. Footwear or Leather Care Product (all other forms)
6. Multi-purpose Solvent (non-aerosol)
7. Footwear or Leather Care Product (aerosol)
8. Clean up Solvent
9. Rust Preventative or Rust Control Lubricant (aerosol)
10. Undercoating (aerosol only)
11. Carpet & Upholstery Cleaner (non-aerosol-dilutable)
12. General Purpose Degreaser (aerosol)
13. Metal Polish/Cleanser (aerosol)
14. Cutting or Tapping Oil (aerosol)
15. General Purpose Degreaser (non-aerosol)
16. Spot Remover (non-aerosol)
17. Sealant or Caulking Compound (chemically curing)
18. Multi-purpose Dry Lubricant
19. Penetrant

Unfortunately, when CARB regulates the above categories, it will be likely that more VOC emissions will need to be achieved.

Currently, CARB is planning to survey 34 product categories. The current timeline is:

• November 15, 2024: Industry to submit comments
• November 2024: CARB to finalize Product Categories for survey
• December 2024: Webinar on Reporting Tool
• December 2024: Survey launch
• Early March 2025: Deadline for completion of survey

By Nov. 15, Industry would have needed to comment on categories. In early December, CARB will instruct Industry how to complete the survey. Finally, CARB wants the surveys to be completed by March 2025. Obviously, this is very ambitious and Industry will ask for more time.

Industry has been waiting for the survey process to begin. I encourage anyone that has products in these categories to be involved as much as possible. The survey process is only the beginning of what will likely be a two or three year process.

More to come.

Wishing you all Happy & Safe Holidays! SPRAY

CARB
The California Air Resources Board (CARB) should be releasing information on its next volatile organic compound (VOC) survey soon. In discussions with CARB management, it was determined that the potential number of categories for the next survey is likely to be between 40 and 50. CARB used the 2013–2015 survey results to choose the following categories:

• High VOC by mass
• High VOC by reactivity
• Where toxics are present

The following are the top ten categories for High VOC by mass:

1. Hairspray
2. Hand Sanitizer
3. Personal Fragrance Product: 20% or less
4. Rubbing Alcohol
5. Disinfectant (aerosol)
6. General Purpose Cleaner (non-aerosol)
7. Air Freshener (liquid pump)
8. Detergent
9. Sunscreen
10. Charcoal lighter material

The following are the top ten categories for High VOC by Reactivity:

1. General Purpose Cleaner (non-aerosol)
2. Detergent
3. Air Freshener (liquid pump)
4. Personal Fragrance Product: less than 20%
5. Hand Sanitizer
6. Hair Finishing Spray
7. Hand & Body Cleaner (Soap)
8. Liquid Fabric Softener
9. Scented Candles
10. Floor Wax Stripper

Also included in the Reactivity top 25 are the following:

• Shampoo
• Multi-purpose Solvent
• Pet Care Products
• Paint Thinner
• Sunscreen
• Rubbing Alcohol
• General Use Hand Soap

These categories are listed because CARB will likely—for the first time—choose to regulate categories by reactivity instead of mass.

Remember that Hairspray and Personal Fragrance Products were regulated in the last rulemaking, so it is questionable as to whether these product categories will be on the list. My guess is that they will be, so that CARB can update its emission numbers on high VOC categories. However, that remains to be seen.

CARB has stated that it will also survey products that include toxics. CARB did an in-depth review of product categories and developed an elaborate mechanism to rate toxics. The top five toxic compounds were:

1. PCBTF
2. Methylene Chloride
3. Perchloroetylene
4. 1,4-Dichlorobenzene
5. Trichloroethylene
None of these compounds are a surprise, nor are the following top five product categories containing these compounds:

1. Paint Remover or Stripper
2. Energized Electrical Cleaner
3. Thinner (Motor Vehicle Coatings)
4. Mothballs
5. Paint Thinner

Again, no surprises there. My only comment on these categories is that, with the Federal ban on Methylene Chloride, the Paint Stripper category will likely be moved farther down on the list.

As reported in the last issue, CARB will be holding preliminary meetings with Industry on its choice of product categories for the survey; this will likely have started in late October. This is our opportunity to comment to CARB on product categories. This is likely our only opportunity to comment on which categories are added to the survey, so Industry needs to take advantage. However, there is nothing that guarantees our comments will influence CARB’s decision.

Finally, it appears the process will begin for the next rulemaking.

Oregon
Oregon held its second advisory committee meeting on Sept. 13. It is uncertain in which direction the State will go on its rulemaking. If Oregon goes right to the CARB regulation, it will be the first State to take this approach. Oregon has said that it will reveal its position at the next advisory committee meeting.

This whole process has been bizarre due to the fact that Oregon is a State in Attainment and therefore does not need emission reductions.

New Jersey
We are expecting New Jersey to adopt OTC Model Rule IV. A virtual meeting was held on Oct. 15; more information will be provided in a future issue.

Clark County, Nevada
Still no news!

AIM Technology Transition Rule
The American Innovation & Manufacturing Act (AIM) Technology Transition Section has requirements for labeling, effective Jan. 1, 2025. Therefore, there are only two months left to get a four-digit date code onto products. Please review the October 2024 edition of Regulatory Issues for complete information.

Reporting starts in March 2025. SPRAY

AIM Technology Transition
The American Innovation & Manufacturing Act (AIM) Technology Transition section regulates hydrofluorocarbons (HFCs) in Consumer Aerosol Products and Technical Aerosol Products. This regulation was adopted Oct. 24, 2023, and becomes effective Jan. 1, 2025; as of this date, any Consumer Aerosol Product that has an HFC compound with a Global Warming Potential (GWP) above 150 is prohibited from use unless the product is a Technical Aerosol. Listed below are all the Technical Aerosol Products that can continue to use HFC compounds greater than 150 GWP; HFC-134a is used in most products:

• Cleaning products for removal of grease, flux and other soils from electrical equipment or electronics;
• Refrigerant flushes;
• Products for sensitivity testing of smoke detectors;
• Lubricants and freeze sprays for electrical equipment or electronics;
• Sprays for aircraft maintenance;
• Sprays containing corrosion preventive compounds used in the maintenance of aircraft, electrical equipment or electronics, or military equipment;
• Pesticides for use near electrical wires or in aircraft, in total release insecticide foggers or in certified organic use pesticides for which EPA has specifically disallowed all other lower-GWP propellants;
• Mold release agents and mold cleaners;
• Lubricants and cleaners for spinnerets for synthetic fabrics;
• Duster sprays specifically for removal of dust from photographic negatives, semiconductor chips, specimens under electron microscopes and energized electrical equipment;
• Adhesives and sealants in large canisters;
• Document preservations sprays;
• Topical coolant sprays for pain relief; and
• Products for removing bandage adhesives from skin

HFC-152a has a GWP of less than 150; it is therefore not restricted under this rule, except for labeling.

Lastly, products manufactured or imported before their respective effective date of Jan. 1, 2025, or Jan. 1, 2028, have a three-year sell-through period.

Under the AIM Act, the U.S. Environmental Protection Agency (EPA) has created disclosure and reporting requirements. Starting Jan. 1, 2025, all Consumer Aerosol Products must disclose the use of any HFC on the label. For technical aerosol products, the use of HFCs must be disclosed starting Jan. 1, 2028. Additionally, each aerosol product needs to identify the date of its manufacture.

EPA is also requiring annual online reporting from manufacturers and importers of aerosol products. This requirement takes effect for all sectors and subsectors beginning with calendar year 2025 data. Reports are due to the EPA 90 days after each calendar year. Thus, the first reports submitted by manufacturers and importers will be due March 31, 2026.

This means you have three months to get labeling on your product, mainly for those containing HFC-152a. Also, remember that numerous States have HFC regulations, as well.

CARB
The California Air Resources Board (CARB) is still working on preparing the next Consumer Products Volatile Organic Compound (VOC) survey. As discussed in my September column, we expect CARB to survey 40–50 product categories. Industry has learned that CARB will likely hold a few preliminary meetings this month (October 2024) on what product categories will be added to the survey, so Industry will at least have an opportunity to comment. However, this doesn’t mean that Industry comments will influence CARB’s ultimate decision.

Oregon
Oregon has begun its look into Consumer Product and Architectural Coating VOC regulations. Its most recent advisory committee meeting was held Sept. 13. Oregon will likely adopt Ozone Transport Commission (OTC) Phase IV for Consumer Products and OTC Phase II for Architectural Coatings.

New Jersey
New Jersey is proposing to amend its existing Consumer Products VOC regulation, which is currently at OTC Model Rule II. The Garden State is likely to move to OTC Model Rule IV. A virtual public meeting will be held on Oct. 15, 2024, at 12:30 EDT and written comments are due by Oct. 18, 2024.

SCAQMD
The South Coast Air Quality Management District (SCAQMD) continues to work through its variety of VOC rules to remove the compounds parachlorobenzotrifluoride (PCBTF) and tert-Butyl acetate (TBAc). On Aug. 30, 2024, SCAQMD held its first Public Workshop, which followed three workgroup meetings on Rule 1151 Automotive Coatings.

Staff is working hard to remove PCBTF and TBAc from Automotive Coatings. These two compounds have been exempt from this rule for a long time and manufacturers have relied on them to formulate Automotive Coatings. SCAQMD staff has set a pathway to quickly phase out these compounds by temporarily allowing higher limits at rule adoption—which is Phase I, followed by Phase II—that provide time for a future effective date, and that lowers the limits back down. Staff is doing this at the direction of the Board to remove toxic compounds instead of reducing VOC compounds.

This rule will make it challenging for manufacturers to reformulate products with a reduced number of exempt compounds to work with. The higher limits will be the National VOC Automotive Limits for Phase I. The Rule will be adopted by Nov. 1, 2024. Staff had requested that all comments on the proposed rule be submitted by Sept. 13. In addition, SCAQMD is proposing to add a Reactivity Limit of 1.0 Maximum Incremental Reactivity (MIR) for Automotive Thinner by Jan. 1, 2030. Although this is a long time away, even SCAQMD is aware of the benefits of Reactivity in dealing with VOC reductions. SPRAY

CARB
On July 23, Nicholas Georges from the Household & Commercial Product Association (HCPA) and I, representing the National Aerosol Association (NAA) and Personal Care Products Council (PCPC), met with numerous members of the California Air Resources Board (CARB) to discuss the progress on the next Consumer Products Rule amendments.
The meeting was very informative. As we know, there needs to be a survey of product categories and, for the first time, we were provided an expected number—between 40 and 50. Most of these categories will be based on the higher volatile organic compound (VOC)-emitting products, whether by mass-based VOC or reactivity-based VOC. Thus, we can look back at the 2013–2015 survey data and get an idea of which categories will be impacted. However, while this is just speculation, we are expecting the survey to be released soon. My guess for expected survey timing is now October.

In addition to higher VOC-emitting categories, CARB will also be targeting product categories with toxic compounds. For months, we have been trying to discover which compounds CARB will target as toxic.

There was also a long discussion of toxic compounds and the product categories that contain them. The good news is that there were no surprises. Topping the list is parachlorobenzotrifluoride (PCBTF). This compound is also being targeted by the South Coast Air Quality Management District (SCAQMD) in numerous district rules. Next on the list are methylene chloride and perchloroethylene. Again, no surprises there, as CARB had previously targeted these compounds and the product categories that contain them. Topping the Consumer Product category list for containing toxics is Paint Remover or Stripper and Energized Electrical Cleaner. Both of these categories have been targets of CARB in past rulemakings. However, with the U.S. Environmental Protection Agency (EPA) prohibition on methylene chloride in Paint Strippers, this category may move lower on the targeted list, depending on with what the manufacturers have reformulated the Paint Strippers.
CARB implemented a very comprehensive and complicated method to rate the toxicity of both compounds and product categories; it must have taken CARB staff a significant amount of time and effort to comb through all of the existing data to develop this process and some of the product categories that will be included on the survey will be from this exercise.

New CARB Manager
CARB has announced that the new Manager of the Implementation Section is Moslem Hossein Mardi, who comes from the Mobile Source Control Division of CARB. More information on Hossein Mardi can be found on p. 29 and on Spraytm.com. We look forward to working with him.

CARB Enforcement
We met with Shannon Downey, CARB Enforcement Manager of Consumer Products, who stated that, as always, CARB is looking at Consumer Products and finding products with no date codes. This incurs an automatic fine, so be sure your products are date-coded.
If you use a code different from CARB’s standard date code, remember to send it to CARB for its records. It’s as easy as that, and will ultimately save you time and money.

Oregon
On Aug. 1, the State of Oregon Air Quality Division held a meeting to discuss the development of VOC regulations on Consumer Products and Architectural Coatings. The meeting lasted two hours as staff explained the reasons and potential pathways it will take to develop the regulation. Staff will more than likely use Ozone Transport Commission (OTC) existing rules. This is the strange part—Oregon is already in compliance with VOC regulation. So why a new regulation? We have yet to find out. SPRAY

SCAQMD
On July 11, the South Coast Air Quality Management District (SCAQMD) held its third work group meeting for Proposed Amendments to Rule 1151 Motor Vehicle & Mobile Equipment Non-Assembly Line Coating Operations—more often referred to as the Auto Refinish rule. This was a continuation from the last two work group meetings. The focus of the amendments is the removal and prohibition of parachlorobenzotrifluoride (PCBTF) and tertiary butyl acetate (tBAc). Currently, staff has suggested moving the volatile organic compound (VOC) limits higher (to the National [U.S.] or European VOC limits) to promote faster reformulation of certain categories of Automotive Refinish Coatings.

Staff should have had a more refined plan for how this will be accomplished in time for July 11 work group meeting. Hopefully much more detail on timing will be provided. There will be more to come on this issue in a future edition of Regulatory Issues.

On July 9, SCAQMD had its first work group meeting on three different rules:

1. Rule 1107: Coating of Metal Parts & Products
2. Rule 1124: Aero-Space Assembly and Components Manufacturing & Operations
3. Rule 1136: Wood Products Coating

The focus on these work group meetings is the same as Rule 1151—to phase out the use of tBAc and PCBTF. Currently, we don’t know how much of these compounds is used in these products; again, there will be more to come on this topic.

CARB
There is still no word on the next California Air Resources Board (CARB) survey on Consumer Products. CARB does not plan to release the survey until a new manager is hired, which, I’m told, will be this Summer. When this person will be on board is another issue. Thus, for now, we continue to wait.

OTC
On June 13, the Ozone Transport Commission (OTC) held its Annual Meeting in Portland, ME. At the meeting, the HCPA’s Nicholas Georges and I, representing Industry, made comments to the OTC, calling for consistency and the future use of Reactivity.

In addition, representatives from New Jersey told us that they would be starting on a Consumer Product rule soon.

Oregon
Oregon is considering a Consumer Products VOC regulation. Our first pre-meeting was in January 2024. Oregon has informed Industry that it is indeed moving forward with Consumer Products and Architectural Coating Rulemakings. The Beaver State is planning a Rule Advisory Committee (RAC) meeting late July or early August; this first RAC meeting will be a hybrid of virtual and in-person.

Nevada
Clark County, Nevada, showed interest in developing a rulemaking on Consumer Product VOC regulations. To date, Clark County has not acted on this rulemaking; however, it has moved ahead with other VOC regulations. The latest is the Architectural & Industrial Maintenance Rule, which means that Consumer Products are likely next on the list.

AIM
As a reminder, there are only five months until The U.S. Environmental Protection Agency (EPA) American Innovation Manufacturing Act (AIM) regulation takes effect.

As of Jan. 1, 2025, the EPA is restricting the use of all Hydrofluorocarbons (HFCs) with a Global Warming Potential (GWP) greater than 150 in aerosol products.

However, the following categories will have an extension until Jan.1, 2028, to utilize HFCs higher than 150 GWP:

• Cleaning products for removal of grease, flux and other soils from electrical equipment or electronics;
• Refrigerant flushes;
• Products for sensitivity testing of smoke detectors;
• Lubricants and freeze sprays for electrical equipment or electronics;
• Sprays for aircraft maintenance;
• Sprays containing corrosion preventive compounds used in the maintenance of aircraft, electrical equipment or electronics, or military equipment;
• Pesticides for use near electrical wires or in aircraft, in total-release insecticide foggers or in certified organic use pesticides for which EPA has specifically disallowed all other lower-GWP propellants;
• Mold release agents and mold cleaners;
• Lubricants and cleaners for synthetic fabric spinnerets;
• Duster sprays specifically for removal of dust from photographic negatives, semiconductor chips, specimens under electron microscopes and energized electrical equipment;
• Adhesives and sealants in large canisters;
• Document preservations sprays;
• Topical coolant sprays for pain relief; and
• Products for removing bandage adhesives from skin

Therefore, as of Jan. 1, 2028, all aerosol products can only use HFCs with a GWP of 150 or less. This includes an extension for the use of HFC-43-10mee and HFC-245fa in aerosols until Jan. 1, 2028.

Remember, HFC-152a has a GWP of less than 150, thus it is not restricted under this rule, except for labeling.

Finally, products manufactured or imported before their respective effective date of Jan. 1, 2025, or Jan. 1, 2028, have a three-year sell-through period.

Labeling for HFCs: Additional reminder
This rule requires the disclosure of the HFC used in the product and the date of manufacture.

For products such as cosmetics and over-the-counter drugs, ingredient disclosure is already required by the U.S. Food & Drug Administration (FDA) and therefore shouldn’t be an issue. It is the same with cleaning products due to the requirements of the California Product Right to Know Act of 2017.

However, companies need to be aware that for the use of any HFC, including HFC-152a, in any aerosol product other than the technical aerosol products listed in the rule, and metered dose inhalers and defense sprays, the label must disclose the HFC(s) in the product, starting Jan. 1, 2025. For the technical products listed in the rule, the label must disclose the HFC(s) that are in the product starting Jan. 1, 2028. These label requirement deadlines line up with the restrictions on the use of HFC with a global warming potential greater than 150.

It is important to note that the deadlines—including label disclosure—are for products manufactured on those dates and beyond. There are no restrictions on products manufactured before those dates under the AIM Act (although please be aware of the restrictions/requirements that States may have on certain HFCs). SPRAY

SCAQMD
In May, the South Coast Air Quality Management District (SCAQMD) held two workgroup meetings.

May 21
SCAQMD staff held its second workgroup meeting concerning Rule 1151 Automotive Refinish Coatings. SCAQMD is attempting to prohibit parachlorobenzotrifluoride (PCBTF) and tertiary butyl acetate (tBAc) from Automotive Refinish Coatings. SCAQMD amended its rule 1168 on Adhesives last year to accomplish the same task.

For Rule 1151, SCAQMD is considering raising the volatile organic compound (VOC) limits higher in certain categories to make it easier for manufacturers to reformulate without PCBTF and tBAc. This is a significant move for SCAQMD, as raising VOC limits is not something that it usually does. The higher limits for these coating categories would be either the current European VOC limit or the current U.S. Environmental Protection Agency (EPA) VOC limit for Refinish Coatings. By raising the category limits, SCAQMD staff will be able to phase out these compounds at a much faster pace; staff is currently considering a two-year phase-out schedule to eliminate PCBTF and tBAc.

SCAQMD will initially raise the VOC limits for certain categories that have PCBTF and tBAc so that formulators can remove these compounds with VOCs. SCAQMD will then set another schedule to once again lower these certain categories where the VOC is being raised. It is a two-step process. Ultimately, SCAQMD wants VOC limits to return to where they are now.

May 29
This workgroup meeting pertained to Rule 1171 Solvent Cleaning, which is similar to Rule 1151 and Rule 1168, and was developed to phase out the use of PCBTF and tBAc. However, SCAQMD staff found little use of these two compounds in Solvent Cleaning products. Thus, the focus has changed.

SCAQMD staff is now focused on the 160 fluid ounce/per day exemption for Aerosol Products, which has been in the Rule since 1996. Staff has found aerosol product that exceeds its 25g/l limit but meets current California Air Resources Board (CARB) limits for the Aerosol Products category. It is worth noting that some of the products found may exceed CARB limits for Aerosol Products; if true, the products could then be subject to enforcement actions.

Currently, staff believes removing the exemption could have an effect on small cleaning operations, as well as dealerships and auto repair/collision repair shops.

Staff has stated that its next meeting is set for the third quarter and the Board hearing to finalize the rule is set for the fourth quarter. Thus, we need to review this exemption quickly and get comments back to SCAQMD.

AIM Act
For months now, we have shared information on the EPA American Innovation & Manufacturing (AIM) Act. As a reminder, as of Jan. 1, 2025, EPA is restricting the use of all hydrofluorocarbons (HFCs) with a Global Warming Potential (GWP) greater than 150 in aerosol products (some categories are an exception, and will have until Jan. 1, 2028, to utilize HFCs higher than 150 GWP).

Therefore, as of Jan. 1, 2028, all aerosols can only use HFCs with a GWP of 150 or less. This includes an extension for the use of HFC-43-10mee and HFC-245fa in aerosols until Jan. 1, 2028. Remember, HFC-152a has a less-than 150 GWP and therefore is not restricted under this rule.

First labeling reminder
Companies need to be aware that the use of any HFC, including HFC-152a, for any aerosol product—other than technical aerosol products listed in the rule, metered dose inhalers and defense sprays—the label must disclose the HFC[s] that are in the product, starting Jan. 1, 2025. For the technical products listed in the rule, the label must disclose the HFC[s] that are in the product starting Jan. 1, 2028.

OTC Meeting
On April 22, the Ozone Transport Commission (OTC) held its Spring virtual meeting, during which it was mentioned that the Consumer Model Rules were edited. Changes included administrative and formatting updates, such as modified dates and rules. As well, it was reported that the Consumer Products Phase I, II, III and IV were reposted.

Next on the agenda is the Annual Public Meeting in Portland, ME, on June 13, 2024.

Oregon
Oregon is considering a Consumer Products volatile organic compound (VOC) regulation. Our first pre-meeting was in January. Oregon has informed Industry that it is moving forward with Consumer Products and Architectural Coating rulemakings. The State was planning a Rule Advisory Committee (RAC) meeting in mid- to late May.

It is likely that Oregon will put in the OTC Model Rule IV rule. There will be more to come on this issue.

CARB
The California Air Resources Board (CARB) Consumer Products survey is likely to to be further delayed. Industry has expected the survey’s release for more than seven months now; however, CARB staffing and other issues have delayed this release. It is doubtful that we will see the survey any time before July 2024 at the earliest.

Remember, this survey will be the beginning of CARB’s next rulemaking, which is expected to be presented to its executive board in 2027. CARB is targeting 20 tons of VOC emissions reductions per day or equivalent, which is two-and-a-half times the VOC emission reductions in the last rulemaking.

Other States
Clark County, NV, showed interest in developing a rulemaking on Consumer Products VOC regulations. To date, the County has not acted on this rulemaking but has moved ahead with other VOC regulations.

Similarly, New Jersey has stated that it plans to have a rulemaking on Consumer Products to update its OTC Model Rule II to OTC Model Rule IV. However, the Garden State has not yet released a timeline for this rulemaking. SPRAY

New York
On March 13, the State of New York held a webinar to accept comments on amendments to 6 NYCRR Part 494 on the use of hydrofluorocarbon substances (HFCs). This affects aerosol products and small containers of automotive refrigerants. The amendments mainly align with the newly-finalized Technology Transitions Program by the U.S.
Environmental Protection Agency (EPA).

The main comments affecting aerosols made during the webinar were:

• Industry recommends that the Department of Environmental Conservation (DEC) use the 100-year Global Warming Potential (GWP) instead of the 20-year GWP numbers
• Supports alignment with EPA’s American Innovation & Manufacturing (AIM) Act Technology Transition Rule
• Oppose the restriction of low GWP compounds in Aerosol Products
• Industry requests clarity on labeling

Now we wait to see if any changes are made.

CARB
On March 20, Industry met with the California Air Resources Board (CARB) to discuss upcoming activities. As we have reported for months, there was no news on the upcoming survey. However, a new wrinkle has presented itself: Liang Liu, one of the managers under Chief Ravi Ramalingam took another position within CARB, leaving Ramalingam without a manager to oversee the development of the survey. Currently, the survey is moving forward, but Ramalingam does not plan to have the survey released until the new manager is in place. This could take a while as the hiring protocol for CARB is extensive. The process has been going on since January and will likely not finish until at least the end of April, if not longer.

In the meantime, Industry can only speculate on what will be on the survey. Products containing parachlorobenzotrifluoride (PCBTF), or other toxic compounds, will likely be surveyed, as well products used heavily during the COVID-19 pandemic, such as cleaners, disinfectants and sanitizers. Some other likely candidates for the survey are paint strippers, floor strippers, aerosol sunscreens and other products dropped in the last rulemaking.

Industry then discussed the issue of reactivity. CARB staff is in the process of developing a new way to formulate reactivity limits for product categories. It will take a significant effort to develop this process; however, the good news is that the concept of reactivity
appears to be finally being taken seriously as an available alternative way to regulate volatile organic compounds (VOCs) in consumer products. The use of reactivity has two positive benefits. First, reactivity typically provides more flexibility for consumer products formulators as many more compounds are available for use rather than just exempt compounds, LVPs and water. Second, any reduction in the Maximum Incremental Reactivity (MIR) means an actual reduction in ozone formation, which reduces smog. This is the goal of VOC reduction as the reduction in VOC percentage does not necessarily reduce ozone formation.

The last topic discussed with Ramalingam was that the current list of MIR values would likely need to be updated. How CARB plans to do this is not known at this time. We will monitor this closely.

EPA American Innovation & Manufacturing Act (AIM)
Less than a year from now, HFCs in aerosols will have restrictions. As a reminder, effective Jan. 1, 2025, EPA is restricting the use of all HFCs with a GWP greater than 150 in aerosol products except for the categories listed on p. 40, which will have until Jan. 1, 2028. This includes an extension for the use of HFC-43-10 mee and HFC-245fa in aerosols until January 1, 2028.

Categories with extensions include:

• Cleaning products for removal of grease, flux, and other soils from electrical equipment or electronics;
• Refrigerant flushes;
• Products for sensitivity testing of smoke detectors;
• Lubricants and freeze sprays for electrical equipment or electronics;
• Sprays for aircraft maintenance;
• Sprays containing corrosion preventive compounds used in the maintenance of aircraft, electrical equipment or electronics, or military equipment;
• Pesticides for use near electrical wires or in aircraft, in total release insecticide foggers, or in certified organic use pesticides for which EPA has specifically disallowed all other lower-GWP propellants;
• Mold release agents and mold cleaners;
• Lubricants and cleaners for spinnerets for synthetic fabrics;
• Duster sprays specifically for removal of dust from photo-graphic negatives, semiconductor chips, specimens under electron microscopes, and energized electrical equipment;
• Adhesives and sealants in large canisters;
• Document preservations sprays;
• Topical coolant sprays for pain relief; and
• Products for removing bandage adhesives from skin.

Remember HFC-152a has a GWP of less than 150 GWP, thus it is not restricted under this rule. Lastly, products manufactured or imported before their respective effective date of 1/1/25 or 1/1/28 have a three-year sell-through period. SPRAY

SCAQMD
In March, the South Coast Air Quality Management District (SCAQMD) in California held its second Work Group meeting on Rule 1151 Motor Vehicle & Mobile Equipment Non-Assembly Line Coating Operations, commonly called the Auto Refinish Rule, to discuss amendments. The Rule is primarily being amended to prohibit the use of two compounds: Para-Chlorobenzotrifluoride (PCBTF or Oxsol) and Tert-Butyl Acetate (TBAC). These two compounds have a volatile organic compound (VOC)-exempt status with SCAQMD; PCBTF is fully VOC-exempt while TBAC is partially exempt in the district. The chemicals are being prohibited due to toxicity concerns. SCAQMD’s sister agency, the Office of Environmental Health Hazard Assessment (OEHHA), has listed these chemicals as Toxic Air Contaminants in the State of California. As an “Air Toxic,” the chemicals have been targeted by the SCAQMD Executive Board to be prohibited from use, even if it means resulting higher VOC emissions.

This is huge, as SCAQMD is willing to possibly raise VOC limits and allow for higher VOC emissions. Staff has released a survey for manufacturers to fill out on how much and where PCBTF and TBAC are are being used in Automotive Coatings.

The survey deadline was March 1, 2024. As we go to press, SCAQMD staff has only received three returned surveys from Industry. However, more submissions are expected.

Staff would like to provide a path for manufacturers to quickly replace these chemicals in Automotive Coatings. It has suggested that it may be willing to allow the temporary use of products that are formulated to comply with National and/or European standards in the SCAQMD. Again, this is another important action by staff. By allowing the use of these other standards, Industry may be able to more quickly transition away from TBAC and PCBTF in Automotive Coatings.

Staff will continue to review the survey data and work with Industry to determine the best way forward. SCAQMD plans to complete this rule in Q4 2024, so time is short.
In addition to Rule 1151, a few other rules in the district are being reviewed for PCBTF and TBAC:

• Rule 1401 (Air Permitting) is in the works;
• Rule 1171 (Degreasing) will likely prohibit these compounds; and
• Rule 1113 (Architectural Coatings) will likely start soon.

This is an important issue for any company that uses PCBTF or TBAC in products. As well, we need to be concerned with how SCAQMD activity will affect other jurisdictions. Will CARB likely look at products containing PCBTF? Remember, TBAC has never been exempted as a VOC by the California Air Resources Board (CARB), so should be of lesser concern for CARB. Stay tuned more to come.

CARB
There is still no news on the release of the CARB Consumer Products VOC survey. Industry has been waiting for months for this survey to be released, as it will trigger the next round of CARB Rule development. Staff has stated the survey will be released in the Spring of 2024, which, I believe, is technically now. We are hoping to see the survey soon.

Other State Activity
The good news is that, so far, there is no news regarding new Consumer Products rulemaking from either Clark County, NV, or the States of Oregon and New Jersey. SPRAY