Michigan
On April 18, the Air Quality Division of the Michigan Dept. of Environment, Great Lakes & Energy finally promulgated its Final Rule for both Consumer Products and Architectural Coatings. Having gone through the legislative process, this ruling is now complete.
Please remember that Michigan had placed a Jan. 1, 2023, compliance date on both regulations. Until the rule was final, the State could not enforce this Jan. 1 rule date. Michigan staff has stated during a public webinar that it does not intend to enforce the rule. To be cautious, all products produced after April 18, 2023, should be compliant with the new Ozone Transport Commission (OTC) Model Rules. Product produced after April 18 should be made compliant with the OTC Consumer Products Model Rule IV and OTC Architectural Model Rule II.
Even with Michigan’s staff statement of no enforcement, companies should strive to come into compliance as soon as they can, even though there is an unlimited sell-through. If a product is picked up a year or 18 months from now, and was produced after April 18, 2023, the Michigan Air Quality Division could enforce on that product. If that happened, a company would then need to fight that enforcement action. Chances are good that the company would win, but company resources would have to be spent on that fight. In another scenario, Michigan Air Quality Division staff could turn over a year from now and new staff may have no knowledge of these statements of no enforcement. It is better to be safe than sorry.
OTC
On April 21, 2023, the OTC held a virtual stakeholders meeting. Francis Seitz from the New Jersey Dept. of Environmental Protection (DEP), who leads the OTC Stationery & Area Sources Committee, presented Committee updates. The good news is that there is no movement by OTC to develop any new Model Rules for Consumer Products or Architectural Coatings.
Seitz did mention that New Jersey will be updating its Consumer Products Rule to OTC Model Rule IV, likely this year. Therefore, we need to monitor this process to ensure consistency with the OTC Model Rule. While we dislike changes in Rules, it would be nice if all States (except California) would settle on one OTC Model Rule; this would make compliance (and life) much easier.
Other OTC States
Ohio’s OTC Rule change comes into effect on July 1, 2023, so all product produced after July 1 for sale in Ohio needs to be in compliance with OTC Model Rule IV. All products produced before this date, and properly date coded, have an unlimited sell-through. Only one month to go!
Colorado has set up a contingency Consumer Products Rule using a variation of OTC Model V that only becomes effective if the State fails to comply with the Air Quality standards. We will not know if this contingency measure is needed for at least two years.
Virginia is proposing to add a contingency Consumer Products Rule using OTC Model Rule IV. To reiterate, this is only being proposed.
New Jersey, as previously explained, will likely move from OTC Model Rule II to OTC Model Rule IV this year. The timing is currently unknown.
In Nevada, only Clark County (Las Vegas) is considering moving to OTC Model Rule IV. Clark County’s first draft left a lot to be desired, as it proposed a 30-day sell-through. Luckily, they are in the process of re-writing that proposal; we will need to wait and see the outcome.
Canada
Just a reminder that the Canadian Consumer Products Rule becomes effective on Jan. 1, 2024—therefore, only seven months to go. SPRAY
California
Industry is preparing to provide the California Air Resources Board (CARB) with some training. The National Aerosol Association (NAA), Western Aerosol Information Bureau (WAIB), Household & Commercial Products Association (HCPA) and Personal Care Product Council (PCPC) will be in Sacramento on May 16–17 to present information to CARB staff on our products.
On May 16, CARB will be given an Aerosol 101. The last time we presented an Aerosol 101 to CARB was in 2018, before its rulemaking.
NAA & WAIB will lead the effort on the Aerosol 101, which will focus on all the components used in an aerosol. Featured will be valves, cans, propellant, solvents, caps, cartons, and other components necessary to develop an aerosol. In addition, Industry will focus on mandatory testing and regulatory requirements necessary to develop a safe and compliant aerosol product. CARB staff may ask for certain aerosol products to be highlighted as they have done in the past. Lastly, a summary of how an aerosol is manufactured will be reviewed.
On May 17, HCPA and PCPC will lead the industry effort to train the staff on non-aerosol products. Like the aerosol program, the non-aerosol products presentation will discuss components and focus on testing. Additionally, the training will cover the different non-aerosol forms and packaging that can be used, such as pumps, squeeze bottles, tubes, and tubs. CARB will likely request certain product categories be highlighted.
Participating from CARB will be the Planning, Enforcement and Laboratory divisions. Most likely, a representative from Legal and Management will also be present. It is beneficial for Industry to perform this type of training, as it is an excellent time to network and progress toward relationship-building, especially since we are currently not in a rulemaking situation (rulemaking always makes interaction more difficult).
Industry looks forward to the opportunity to interact with CARB staff on this issue.
Canada
On April 4, the Canadian Consumer Specialty Products Association (CCSPA), HCPA and NAA presented a 90-minute webinar to Industry. The webinar covered the Environment & Climate Change Canada (ECCC) regulation on volatile organic compound (VOC) concentration limits for certain products, commonly known as the Canadian Consumer Product VOC Regulation. Canada has been working on regulating VOCs in consumer products for more than 25 years and finally has a VOC regulation.
The regulation will become effective Jan. 1, 2024, for most products and effective Jan. 1, 2025, for disinfectant products. Remember, there is an unlimited sell-through for products produced before the effective date. This means that all product produced before Jan. 1, 2024, can be sold forever, given the product is properly date coded. The regulation is based on the 2010 Consumer Product VOC limits from the CARB regulation. The webinar covered the regulation, describing what is similar and what is not.
Even though ECCC tried to copy the CARB regulation, numerous differences remain. The biggest difference is in definitions. With CARB, we spent painstaking hours to get the definitions to be very specific, whereas with ECCC, some categories have little to no definition. This will make complying with the regulation more difficult. However, it will make enforcing the regulation even more difficult.
The webinar had close to 200 attendees. Numerous questions were asked and a great deal of valuable information was presented. The webinar was recorded and, if interested in reviewing it, please email—Simon Kinsman, Director of Regulatory Affairs, CCSPA: kinsmans@ccspa.org; Nicholas Georges, Senior VP, Scientific & International Affairs, HCPA: ngeorges@thehcpa.org; Doug Raymond, Industry Consultant, Raymond Regulatory Resources (3R), LLC: djraymond@me.com. SPRAY
CARB
As discussed in the March issue, the California Air Resources Board (CARB) was working on the Innovative Product Exemption (IPE) Guidelines for the compressed and liquefied products provision. This provision was added to the CARB regulation during the last rule development. I predicted the guidelines would be out by the end of the first quarter and CARB staff beat this prediction by more than one month. On Feb. 16, CARB posted the Innovative Product Exemption Guidelines on its website: ww2.arb.ca.gov/our-work/programs/consumer-products-program/complying-regulations/innovative-product-exemption.
The Guidelines include application forms and information requirements to apply for, and receive, the IPE. For most, applications for consumer testing will not be needed. Consumer testing is the most costly and time-consuming part of the original IPE; the new provisions for compressed and liquefied product exemption removed the need for consumer testing to develop a representative product sample.
Be sure to check out the new Guidelines if your company produces hairspray, dry shampoo or personal fragrance products.
Nevada
On Feb. 8, the Clark County Dept. of Environment & Sustainability (DES) held a webinar to present the development of a consumer products volatile organic compound (VOC) regulation for Clark County only, not the entire State of Nevada. The original proposal from staff was:
• 30 days to comment
• A further 30 days for a public notice
• Set a hearing by June 6, 2023, for a June 20, 2023, public hearing
• Have the regulation effective by July 4, 2023
Worse yet, staff proposed a sell-through of 30 days. Yes, you read that right—a 30-day
sell-through.
Fortunately, when Industry explained during the webinar why there was no way to have a regulation in place and effective by July 4, nor a 30-day sell-through for our products, staff agreed to talk with us off-line.
The following week, several Industry members explained to Clark County DES staff in great detail the complications of trying to develop and implement a regulation in their time frame, as well as the impossibility of a 30-day sell-through. Staff understood our concerns and is in the process of reworking its proposal. We will need to wait and see how much gets changed.
Other State VOC regulations
Ohio’s Consumer Products VOC regulation becomes effective July 1, 2023, with an unlimited sell-through.
We are still working on the Michigan regulation.
Finally, we were just notified that it is likely New Jersey will start a rule development on Consumer Product VOC regulation this Summer. SPRAY
CARB
Currently, the California Air Resources Board (CARB) is working on developing a survey for product categories, due out this year. I believe the survey will concern cleaning products, disinfectants, sanitizers and possibly hand sanitizer, as well. We will need to wait and see which product categories CARB decides to target.
CARB staff is also working on the guidance document for the new Innovative Compressed Gas Propellant Product and Innovative Liquefied Gas Propellant Product category.
Remember, these two provisions were finalized during the 15-day comment period following the 2021 CARB Executive Board meeting.
These two provisions were established to allow manufacturers a way to reformulate products to meet more stringent volatile organic compound (VOC) limits. The provisions are only available for the Finishing Hair Spray, Dry Shampoo and Personal Fragrance Product categories. The new Innovative Product Exemption (IPE) provisions were developed as a way to discourage the use of more HFC-152a and to promote further use of compressed gases, such as CO2 and nitrogen. However, through this process, the provisions also morphed into the use of reactivity.
The use of the Innovative Liquefied Gas Propellant Product exemption can lower the need for HFC-152a, as well as provide a mechanism to use more Liquefied Propellant in a product. This alternative way to reformulate utilizes the concept of reactivity and may turn out to be a simpler pathway to reformulate a company’s products.
CARB developed these provisions as alternative ways to reformulate and provide Industry with the ability to innovate. The original IPE was developed to assist Industry in formulating products that may contain more VOC per product, but due to the way the product is used, the emissions are equal to or less than a standard product.
CARB has also provided Industry with a table that consists of representative formulas for three product categories: Finishing Hair Spray, Dry Shampoo and Personal Fragrance Product. This is of significant benefit to the aerosol industry. By CARB providing these representative product formulations, it relieves Industry of the burden of having to conduct long and expensive consumer testing to show what a representative product is. This removes most of the cost—shouldered by the manufacturer—that had been part of the original IPE.
Now, if a new IPE Liquefied product meets or has a lower Maximum Incremental Reactivity (MIR) than the representative product formula in the table, your product is almost done being reformulated. Remember, the new IPE product must achieve a 50% greenhouse gas reduction from the original formula and the product must perform similarly to the original formula.
CARB is in the process of developing a detailed guidance document to assist manufacturers in using the IPE provision for compressed and liquefied gases. CARB staff will likely be finished with this guidance document by the end of the first quarter of 2023.
If your company produces a Finishing Hair Spray, Dry Shampoo or Personal Fragrance Product, an in-depth review of the new IPE provision will likely benefit your product reformulation.
Ohio
The Ohio Environmental Protection Agency (Ohio EPA) has finalized its rulemaking to update Ohio Administrative Code (OAC) 3745-112, Consumer Products Rules. As a reminder, this update aligns its VOC regulation for consumer products from the Ozone Transport Commission (OTC) Phase II Model Rule to the OTC Phase IV Model Rule.
Companies will need to comply with the updated VOC limits on July 1, 2023; this gives companies only four months to comply. Remember, there is an unlimited sell-through for product produced before the effective date. SPRAY
AIM
The U.S. Environmental Protection Agency (EPA) enacted the American Innovation & Manufacturing Act (AIM) on Dec. 27, 2020. On Dec. 15, 2022, EPA released its next installment of the proposed rulemaking that restricts the use of hydrofluorocarbons (HFCs); comments were due by Jan. 30, 2023. For the aerosol industry, the concern is the use of HFCs in aerosol products.
As a reminder, HFCs are considered potent greenhouse gases that contribute to climate change. Of importance to the aerosol industry is the phase down of HFC-134a and HFC-152a.
Phase down schedule of Baseline
2022–2023 90%
2024–2028 60%
2029–2033 30%
2034–2035 20%
2036 15%
Therefore, in 2024 there will be a large reduction (40% from the total) in the consumption and production of HFCs. The allocation rule was released in October 2022.
On Dec. 30, 2022, EPA held a virtual meeting to take public comment on this new proposed rule for the Transition Rule under the AIM Act.
This rule will affect where and when certain HFCs can be used in certain products. For the Aerosol category, the Household & Commercial Products Association (HCPA) and the National Aerosol Association (NAA) jointly petitioned the EPA to maintain the same exceptions for use of mainly HFC-134a in aerosols, the same exceptions as were in the original Significant New Alternatives Policy (SNAP) rule. These exceptions included smoke detector testing products, energized electrical products, certain lubricants and cleaners for spinnerets, freeze sprays, refrigerant flushes and other aerosol products.
There were 224 people at the Dec. 30 virtual meeting, but only a few presented testimony. Most comments were brief and stated that there was more to come. Those of us in the Aerosol Industry need to comment heavily to EPA if we want to maintain the exceptions that we currently have. In EPA’s proposal, they are suggesting removal of all uses of HFC-134a and replacing these uses with HFC-152a.
EPA did change the use of HFC-134a for use in Imported Goods as of Jan. 1, 2025. As of now,
Aerosol Product finished goods containing HFC-134a imported after Jan. 1, 2025 will be banned.
CARB
On Jan. 4, 2023, California Air Resources Board (CARB) staff held a virtual meeting with three associations to discuss the results of the 2018 Aerosol Coating & Aerosol Adhesive Products Survey. The American Coatings Association (ACA), HCPA and NAA were all in attendance, along with approximately 10 CARB personnel and 30 industry and association representatives.
Industry raised numerous questions concerning some of the survey results especially in the Flat, Fluorescent, Flexible and Ground & Traffic Marking categories. CARB staff reviewed industry comments and survey results; some of the oddities in the survey results were then explained. For example, all of the wall texture products are in the Flat Category, which moved the Maximum Incremental Reactivity (MIR) values down and increased the number of products. CARB staff supplied numerous documents indicating that a significant amount of work had been put into the review. CARB does not have these documents on its website yet, but feel free to contact me directly and I will send them to you.
CARB then reviewed the Aerosol Adhesive survey data. This was a much shorter review and the data was disappointing, as it showed—from 2010 to 2018—a significant drop in the number of companies selling aerosol adhesive products and the number of products being sold. This is the type of information we need to gather to show that CARB regulations have a negative impact on our industry.
State of Colorado
The Colorado Air Quality Control Commission held a three-day meeting in December to discuss adopting further Consumer Product volatile organic compound (VOC) regulations into its State Implementation Plan (SIP). Colorado is proposing to move to Ozone Transport Commission (OTC) Model V for Consumer Product VOC regulations. This proposal will only take place if Colorado does not attain compliance by the applicable, severe attainment date, which is likely two years out. The issue here is when and how the State of Colorado will notify our Industry. We will need to monitor Colorado closely for further activity. SPRAY
Welcome to the New Year! Just like other years, this year will be full of exciting regulatory activities. States will likely be busy in 2023 with volatile organic compound (VOC) regulations. As always, the California Air Resources Board (CARB) will continue to have issues to keep us busy. As well, the American Innovation & Manufacturing (AIM) Act via the U.S. Environmental Protection Agency (EPA) will continue.
I look forward to working with you all in the New Year.
State VOC Regulation
In recent conversations concerning State VOC regulations, the Ozone Transport Commission (OTC) Model Rules were mentioned. As a reminder: OTC is a multi-State organization created under the Clean Air Act. It is responsible for advising the EPA on transport issues and for developing and implementing regional solutions to the ground-level ozone problem in the Northeast and Mid-Atlantic regions.
OTC brings together the States from Virginia to Maine to coordinate reductions in air pollution that benefit the whole region. It provides air pollution assessment, technical support and a forum where States can work together to harmonize their pollution reduction strategies. OTC members include Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and Virginia.
Over the years, Industry has worked with OTC to develop Consumer Product VOC Regulations that are modeled after CARB regulations. Currently, OTC has five Model Rules for Consumer Products, starting with Model Rule I and progressively becoming more stringent as we move toward Model
Rule V. OTC also has Model Rules for Architectural Paints.
In addition to those listed above, numerous other States have adopted some version of the OTC Model Rules:
• States that currently have effective Model Rule II: District of Columbia (Washington DC), Illinois, Indiana, Massachusetts, Maine, Michigan, New Jersey, Ohio, Pennsylvania and a section of Virginia.
• States that currently have effective Model Rule III or IV: Colorado, Connecticut, Delaware, Maryland, Rhode Island, New Hampshire, Utah and New York.
• To date, no States have adopted OTC Model V.
There was activity in 2022 in Ohio, Michigan and Colorado:
• Ohio had a rulemaking in 2022. The agency adopted OTC Model Rule IV. The effective date of the regulation will be July 1, 2023.
• Michigan worked on a rulemaking during 2022 that is continuing in 2023. The State will move to Model Rule IV. The effective date is not known at this time but is likely to be Jan.1, 2024 because that is the effective date for the Architectural Coatings Rule.
• Colorado had a hearing in late 2022 to implement a contingency rule if the State fails to meet attainment with 2008 ozone emission limits. The State’s proposed contingency measure is OTC Model Rule IV. Industry will likely not know the outcome of the attainment issue until sometime in 2025 or 2026 or even as late as 2027. I am working with the agency to determine the proper method of Industry notification and will keep readers updated.
Expected activity in 2023:
• New Jersey is likely to move to Model Rule IV. Timing and effective date is unknown.
• Washington DC is likely to have a rulemaking in 2023, as well. Initial thoughts were that it would adopt OTC Model Rule V. However, as no other State has gone to Model Rule V, it is likely DC will only move to OTC Model Rule IV. Again, the timing is unknown.
• Nevada is planning to start stakeholder engagement this year but there is no designated start time. However, since Colorado and Utah have adopted OTC Model Rule IV, hopefully we can convince Nevada to, as well.
• Oregon is expected to adopt Consumer Product VOC Regulations in 2023. It is surprising that this State has not adopted them before now, as the past Chair of the OTC Stationary Source Committee from Delaware now heads the Oregon Air Agency. Thus, it was expected that Oregon would adopt the OTC Model Rules earlier. Again, Oregon will likely adopt OTC Model Rule IV.
• Washington State is expected to follow Oregon’s actions.
To review these rules in more detail, visit www.otcair.org.
CARB
CARB Date Code
This is my friendly annual reminder about Product Dating/Date Coding. Make sure you are up-to-date on your date code filings, as this is an area where CARB has become even stricter and more observant; it is increasingly on the look-out for non-compliance.
Remember, 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 investigative activity 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 having to remove any product packaging.
CARB’s standard code must be represented separately from other codes on the product container so that it is easily recognizable as the following: YY DDD = Year Year Day Day Day. A manufacturer that 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. Every year the fines seem to go up in cost. Your date code explanation needs to be submitted to CARB Enforcement on an annual basis—on or before Jan. 31 of each year. Send by email to cpenforcement@arb.ca.gov.
Once again, Happy New Year! SPRAY
CARB
As a final reminder, new amendments to the Consumer Product volatile organic compound (VOC) regulation from the California Air Resources Board (CARB) become effective Jan. 1, 2023. Below are the VOC limits and effective dates for each product category.
Category New VOC limit Effective date
Manual Aerosol Air Freshener 10% 1/1/2023
Future effective 5% 1/1/2027
Note: This is a new category. The Single-Phase Aerosol and Double Phase Aerosol will be replaced with the Manual Aerosol Air Freshener Category, plus, the following new Aerosol Air Freshener Categories.
Aerosol Air Freshener Categories
Concentrated Aerosol Air Freshener 15% 1/1/2023
Future effective 10% 1/1/2027
Automatic Aerosol Air Freshener 30% 1/1/2023
Total Release Aerosol Air Freshener 25% 1/1/2023
Category Current VOC limit New VOC limit Effective date
Hair Care Products
Hair Finishing Spray 55% 50% 1/1/2023
Dry Shampoo – 55% 1/1/2023
Future effective limit – 50% 1/1/2029
Note: New category VOC limit, not regulated currently
Hair Shine 55% 50% 1/1/2029
Temporary Hair Color 55% 50% 1/1/2029
Personal Fragrance Product Current VOC Limit (manufactured before 1/1/2023)
Products with 20% or less Fragrance 75%
Products with more than 20% Fragrance 65%
Personal Fragrance Product: New VOC limit
(Manufactured between 1/1/2023 and 12/31/2030) Effective date
Aerosol 70% 1/1/2023
Non-Aerosol Products with 7% or less fragrance 70% 1/1/2023
Non-Aerosol Products with 7% or more fragrance 75% 1/1/2023
Note: New Fragrance levels
Personal Fragrance Product: New VOC limit
(Manufactured after 1/1/2031) Effective date
Aerosol 50% 1/1/2031
Non-Aerosol Products with 10% or less fragrance 50% 1/1/2031
Non-Aerosol Products with 10% or more fragrance 75% 1/1/2031
Note: New Fragrance Levels
Insecticides
Crawling Bug Insecticide Current VOC Limit New VOC limit Effective date
Aerosol 15% 8% 1/1/2030
Bed Bug Insecticide
All Forms – 20% 1/1/2030
Aerosol – 15% 1/1/2030
Note: Bed Bug is a new category
Aerosol Adhesives Current VOC Limit New VOC limit Effective date
Plastic Pipe Adhesive – 60% Immediately
Remember, there is a three-year sell-through. Thus, if your new, reformulated products will not be ready by the effective date, your company may want to produce some extra product in December. Also remember that all product needs to be date coded.
Michigan
The State of Michigan held a public hearing on Oct. 25 to receive public comments on its new proposal to amend its Consumer Products VOC rule and Architectural & Industrial Maintenance (AIM) coatings VOC rule. Michigan will be moving to the Ozone Transport Commission (OTC) Model Rule IV for Consumer Products. Michigan has kept the rule consistent, for the most part, with the Model Rule. After promulgated, Michigan is proposing only five months for the effective date; this is problematic and Industry has requested one year.
For this AIM rule, Michigan will be moving to OTC Model Rule II.
Colorado
The State of Colorado will hold a rulemaking hearing to consider revisions to several rules in response to a possible non-attainment review.
Of particular interest to our Industry, Colorado will propose revisions to include new and revised VOC content limits for Consumer Products should Colorado not attain the 2008 National Ambient Air Quality Standard by the applicable severe attainment date. If Colorado becomes a severe attainment area, then the OTC Model Rule V will come into effect within 60 days. The proposed rule is to be heard by the middle of December; more to come on this rule.
SCAQMD
The South Coast Air Quality Management District (SCAQMD) held an Executive Board Meeting to hear public comments on the staff-proposed amendments to Rule 1168.
SCAQMD is amending its Rule 1168, which applies to adhesives, adhesive primers and sealants. The district adopted amendments on Nov. 4. Most aerosol products are exempt from this rule except for one-component foam sealants. The original proposal was for one-component foam sealant to have a VOC limit of 50 grams/liter (g/L) as of Jan. 1, 2023. SCAQMD performed a technical review and is proposing to modify this limit and go to a mass-based limit for aerosols instead of the grams per liter limit (it is about time). This new limit is proposed at 18% for one-component foam sealant by July 1, 2023.
Thus, after its review, SCAQMD staff is raising the VOC limit from 50 g/L to 18%, which is roughly 180 g/L. Also, SCAQMD is allowing six more months before the effective date.
AIM Act proposal
On Nov. 3, the U.S. Environmental Protection Agency (EPA) released its new proposal to allocate Hydrofluorocarbon production and consumption allowances for calendar years 2024–2028 for the American Innovation & Manufacturing (AIM) Act. Comments will be taken through Dec. 19, 2022. For more information on how to make comments, see Phasedown of Hydrofluorocarbons: Allowance Allocation Methodology for 2024 & Later Years.
On Nov. 9, (before this column was written) EPA’s Office of Atmospheric Programs hosted a stakeholder meeting online to provide information and enable stakeholders to provide input as the EPA prepares for an upcoming regulatory action where it intends to propose under subsection (h), “Management of Regulated Substances,” of the AIM Act.
The AIM Act authorizes EPA to address hydrofluorocarbons (HFCs) in three main ways:
1. Phasing down HFC production and consumption;
2. Promulgating certain regulations for the purposes of maximizing reclamation; and
3. Minimizing releases of HFCs and their substitutes from equipment and facilitating the transition to next generation technologies through sector-based restrictions
Among other provisions, subsection (h) directs EPA to establish certain requirements for management of certain HFCs and their substitutes. Specifically, subsection (h) directs the EPA to establish regulations to control, where appropriate, practices, processes or activities regarding the servicing, repair, disposal or installation of equipment for purposes of maximizing the reclamation and minimizing the release of certain HFCs from equipment and ensuring the safety of technicians and consumers.
This meeting will likely address the petition submitted jointly by the Household & Commercial Products Association (HCPA) and the National Aerosol Association (NAA).
Wishing everyone Happy Holidays! SPRAY
CARB
The new amendments to the California Air Resources Board (CARB) Consumer Product Volatile Organic Compound (VOC) regulation will become effective Jan. 1, 2023 for certain product categories. This means there are only two months (60 days) to have new formulations ready to be manufactured. Time is counting down.
SIP
As predicted in the last issue, the CARB Executive Board adopted its new 2022 State Implementation Plan (SIP) on Sept. 22. The SIP is the State’s plan to achieve the ozone standard of 70 parts per billion required by the U.S. Environmental Protection Agency (EPA) to meet the Federal Air Quality Standard.
The SIP has a Consumer Products element to it, as Consumer Products are targeted for 20 tons per day (TPD) emission reduction by 2037. The adoption of the SIP now puts pressure on CARB staff to research and develop a plan to achieve these reductions, making them even more active.
What can the aerosol industry expect? First, CARB will begin to conduct product category surveys to determine where staff can find these emission reductions. CARB staff needs to report to the Board by 2027 on how or if a 20 TPD reduction is feasible or if some lesser amount is feasible. Let us not fool ourselves; CARB staff will try to get the 20 TPD. Remember, this is the agency that just banned all new sales of combustion cars as of 2035.
CARB staff needs to report back to the Board by 2027. Seeing as it is now almost 2023, Industry has four years to work with CARB on how its staff plans to accomplish its goal. Four years may seem like a long time, but the time will pass quickly. Some questions are still not answered, such as whether staff will go to the 2027 Board hearing with a proposed rule or just a plan to be implemented from 2028–2037. If CARB plans to have a rule ready by 2027, it will be a difficult feat to accomplish.
For now, expect to deal with some surveys and supply CARB with other data on yet-to-be-determined product categories. Thus, 2023 should be an interesting year.
SCAQMD Rule 1168
The South Coast Air Quality Management District (SCAQMD) is amending its Rule 1168, which applies to adhesives, adhesive primers and sealants. Most aerosol products are exempt from this rule except for one-component foam sealants. The original proposal was for one-component foam sealant to have a VOC limit of 50 grams/liter (g/L) as of Jan. 1, 2023. SCAQMD did a technical review and is proposing to modify this limit and go to a mass-based limit for aerosols instead of the grams per liter limit (it’s about time). This new limit is proposed at 18% for one-component foam sealant by July 1, 2023.
Thus, after its review, SCAQMD staff is raising the VOC limit from 50 g/L to 18%—which is roughly 180 g/L. Also, SCAQMD is allowing six more months before the effective date.
This proposal is scheduled to be adopted by the SCAQMD Governing Board at a public hearing on Nov. 4, 2022. SPRAY
CARB
Detailed last month were the amendments to the California Air Resources Board (CARB) Consumer Products volatile organic compound (VOC) regulation. These amendments become effective on Jan. 1, 2023 for certain product categories. Make sure your company is up-to-date on these changes and complies by the effective date, as there are only three months left!
SIP
Just when the industry thinks there will be a break in CARB activity, another “opportunity” comes along. On Sept. 22, the CARB Executive Board voted on the new 2022 State Implementation Plan (SIP)—the State Plan to achieve the ozone standard of 70 parts per billion (ppb) required by the U.S. Environmental Protection Agency (EPA) to meet the Federal Air Quality Standard. As California has the worst Air Quality in the country, achieving this standard will be very challenging. While most of the emphasis on new air quality regulation is on NOx, some VOC reductions are still needed. California’s modeling shows that reductions from Consumer Products would significantly contribute to the ozone attainment progress, especially in the South Coast.
CARB has a long history of working on Consumer Product VOC emission reductions. For 30 years (yes, 30) the industry has been working with CARB to reduce VOC emissions in Consumer Products. To date, more than a 50% reduction in VOC emissions has been achieved. However, according to the State, population growth and associated growth of product usage has begun to erode the benefits of the emission reductions. Further, VOC emission reductions are needed to offset the future projected growth in Consumer Products. These reductions are needed to help meet the Federal Air Quality Standard of 70 ppb.
The difficulty in achieving these emission reductions is that Consumer Products are made up of many, many products, unlike automobile emissions, which has one source—
autos! To achieve further VOC emission reductions, CARB staff will need to assess the VOC inventory of Consumer Products. Typically, CARB staff relies on product surveys to gather this information. These surveys are time-consuming and burdensome to the industry. CARB is considering buying market data on Consumer Products to assess sales of product categories. However, CARB will still need to rely on manufacturer surveys to obtain actual product formulation data.
For the first time in this author’s memory, CARB has stated that they may utilize reactivity-based regulations to achieve equivalent VOC emission reductions. Typically, CARB has used mass-based regulation to achieve emission reductions. Unlike mass-based reductions, any reduction in reactivity-based limits is an actual reduction in ozone formed, which is the sole goal of the SIP—to reduce ozone formation. Thus, we as an Industry should support the use of reactivity-based regulation.
That being said, it will be extremely difficult for CARB to achieve the emission reductions that are required. Currently, the SIP requires CARB to achieve 20 tons per day (tpd) of VOC emission reduction by 2037. To put this in perspective, the last rulemaking achieved an emission reduction of 8tpd. That took the industry more than two years to develop.
However, it gets better as CARB must bring something to its Board by 2027, stating whether the emission reductions are doable or not. In all my years doing this, CARB staff has never said that they cannot get the emission reductions. Maybe this will be a first and they will say they cannot achieve the reduction. However, this is the same agency that just passed a regulation that bans the sale of all new combustion cars as of 2035!
We have a little over four years to work with CARB on these emission reductions, which seems like a long time, but it’s not! Here we go again. SPRAY
California Air Resources Board
The Volatile Organic Compound (VOC) Consumer Product Regulation in California was amended in March 2021. On Aug. 1, 2022, the Amendments were approved by the Office of Administrative Law (OAL) and filed with the California Secretary of State. Therefore, the Amendment became effective on Aug. 1, 2022.
The following is a detailed summary of the Amendments, which include new VOC limits that take effect on Jan. 1, 2023—please note that there are only four months until the effective date.
Aerosol Amendments
• New Aerosol Adhesive category
– Plastic Pipe Adhesive, effective Aug. 1, 2022 at 60%
• Manual Air Freshener is a new category developed by merging the Single Phase and Double Phase Aerosol Air Freshener categories. This new category takes effect Jan. 1, 2023, with a VOC limit of 10%; this is followed by a future effective date of Jan. 1, 2027 with a VOC limit of 5%. After Jan. 1, 2023, the Single Phase and Double Phase Aerosol Air Freshener categories will cease to exist
• Three new Aerosol Air Freshener categories were formed:
– Automatic Aerosol Air Freshener, effective Jan. 1, 2023 at 30% VOC
– Concentrated Aerosol Air Freshener, effective Jan. 1, 2023 at 15% VOC and effective Jan. 1, 2027 at 10% VOC
– Total Release Aerosol Air Freshener, effective Jan. 1, 2023 at 25% VOC
• Hair Care Products
– Hair Finishing Spray—VOC limit reduced from 55% VOC to 50% VOC, effective Jan. 1, 2023
– No-Rinse Shampoo gets a name change to Dry Shampoo and, for the first time, has a VOC limit—55%, effective Jan. 1, 2023 and a future effective date of Jan. 1, 2029 at 50% VOC
– Hair Shine and Temporary Hair Color—VOC limits are reduced from 55% VOC to 50%, effective Jan. 1, 2029
• Personal Fragrance Product (PFP)
– PFP Aerosol and non-aerosol with 7% or less fragrance—the VOC limit is reduced from 75% VOC to 70% VOC, effective Jan. 1, 2023. PFP non-aerosol with 7% or more fragrance is at 75% VOC, effective Jan. 1, 2023
– PFP Aerosol and non-aerosol with 10% or less fragrance, the VOC limit is reduced from 70% VOC to 50% VOC, effective Jan. 1, 2031. PFP non aerosol with more than 10% fragrance is at 75% VOC, effective Jan. 1, 2031
• Crawling Bug Insecticide (Aerosol)—VOC limit is being reduced from 15% VOC to 8% VOC, effective Jan. 1, 2030. In addition, a new category was developed—Bed Bug Insecticide (Aerosol), which will have a VOC limit of 15%, effective Jan. 1, 2030
• There is a sunsetting of the 2% Fragrance Exemption as of Jan. 1, 2031. For General Purpose Cleaners non-aerosol, General Purpose Degreasers non-aerosol, Air Fresheners, Disinfectants and Sanitizers, a 0.25 fragrance exemption will remain. Before Jan. 1, 2031, General Purpose Cleaners non-aerosol and General Purpose Degreaser non-aerosol have a monoterpene maximum of 0.25% by weight
• Perchloroethylene, trichloroethylene, methylene chloride and Parachlorobenzenetrifluoride (PCBTF) are prohibited in Manual Aerosol Air Freshener, Concentrated Aerosol Air Freshener, Total Release Aerosol Air Freshener, Crawling Bug Insecticide (Aerosol), Dry Shampoo, Hair Finishing Spray, Hair Shine, Temporary Hair Color and PFPs. This is the first time PCBTF has been prohibited
• Definition changes to Energized Electrical Cleaner and Monoterpenes
• Changes to the Alternative Control Plan (ACP)
• Adoption of a provision to the Innovative Product Exemption (IPE) to reduce or avoid the use of HFC152a by using compressed gas or liquefied gas. The IPE must maintain the same ozone forming potential (OFP). This is a very big change and allows the use of Reactivity to comply
• Three new compounds have been added to the Maximum Incremental Reactivity (MIR) Table:
– Diethyl carbonate
– Alkane mixed—minimally 90% carbon13 and higher carbon number
– HFO 1233zd
• In addition, Method 310 has had changes for clarity. SPRAY
