National Aerosol Association

March 2007 NAA Regulatory Update

By Doug Raymond

The first three months of this year have seen more activity than any time previously. As reported in December 2006, EPA and Environment Canada EC are working on a new Consumer Products Rule. EPA is also developing an aerosol coating rule. OTC is in the process of updating their regulation with CARB’s Cons-1 amendments and LADCO, specifically Michigan had a rule become effective the end of January. This by itself would be enough work for the rest of the year. However, the following issues have also developed. Global warming issues in California, CARB’s Cons-2 Part 2, CARB’s 15 day notice, CARB’s State Implementation Plan (SIP), South Coast Air Quality Management District (SCAQMD), Voluntary Certification Program and SCAQMD’s Air Quality Management Plan (AQMP).

Global Warming

The issue of global warming has taken a huge step to the front; remember last year AB 32 was passed. This legislation directs CARB to pursue solutions to reducing greenhouse gases. On March 6, 2007 the California Air Resources Board (CARB) held an International Symposium on Climate Change. The purpose of this symposium is to explore options available to reduce greenhouse gas emissions from all sectors based primarily on technology solutions, with emphasis on identifying regulatory or non-regulatory actions, CARB can implement in the near term. To assist in achieving this goal, the conference will promote discussion of new technologies, implementation of available technologies, and other methods for primarily reducing in-state emissions of the six major greenhouse gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. The majority of the talk was on refrigeration issues. EPA did provide a presentation that inaccurately portrays that reformulation away from greenhouse gases (GHG) can be done very simply. The fact is that GHG are only used in aerosols where absolutely necessary and alternatives are hard to find. Stayed tuned, more to come on this issue.

Cons-2 Part 2

The Cons-2 amendments were all suppose to be adopted in November 2006. On the contrary, due to time restraints CARB postponed numerous categories to be adopted until 2007. Originally the board hearing to adopt these amendments was set for March 2007, and then rescheduled until June 2007. Again the date has slipped; no new date has been scheduled. To refresh everyone’s memory CARB last September (2006) had proposed numerous categories and limits to be regulated. The proposed categories and limits are where the status of the industry and CARB staff had been at that time. Categories could still be removed or ADDED and the proposed limits may also be adjusted up or down.

Review the categories and limits, if your company’s products are affected, begin preparing now. Some categories may be dropped, but be prepared if they are not. Currently, if this proposal was adopted as is, CARB would obtain 12.73 tons per day of emissions.
Some of these limits are not technologically feasible and just plain unreasonable. Spot Remover aerosol from 25% to 7% and Spot Remover non-aerosol from 8% to 1%. (No way). Efficacy will definitely suffer. Glass Cleaner from 12% to 7% and Multipurpose Lubricant from 50% to 45%, these reductions will further erode the efficiency and usefulness of these products. Once again, prepare now!

CARB’s 15 day notice

Next, CARB has yet to release its fifteen day notice from the November 2006 Cons- 2 hearing. This notice or draft of the notice will likely be released in March. When the notice is released, industry needs to attentively monitor the notice to ensure the intent of the board hearing issues was captured. Be prepared to review and comment on this.

CARB’s State Implementation Plan (SIP)

The draft SIP was released in early February. The draft includes all sources of emissions. Of course we are only interested in the emission reduction from Consumer Products. Currently, the draft SIP is requiring an additional 10 to 15% reduction in VOC emissions, this equates to approximately thirty to forty tons per day of VOC reductions statewide. These VOC emission reduction strategies are to be adopted between 2008 and 2010, and then become effective between 2012 and 2014. Remember this is a draft document and subject to change. The final document needs to be submitted in June of 2007, thus changes are still possible.

South Coast Air Quality Management District (SCAQMD)

The SCAQMD has discovered another way to try to take control of Consumer Products. On February 8, SCAQMD held a public meeting to discuss a Voluntary Certification of Consumer Products used at Institutional and Commercial facilities.

The objective of the proposed certification program is to positively influence consumer behavior in selecting ultra-low volatile organic compound (VOC) products and foster the marketing of ultra-low polluting technologies in an overall effort to reduce VOC emissions.

For products to be eligible that would have to have a VOC level of not more than 25g/l and are prohibited from having Toxic Air Contaminants, Hazardous Air Pollutants, Ozone Depleting Compounds, Global Warming Compounds, carcinogens and reproductive toxins, and heavy metals. The categories of products targeted for certification would include glass cleaners, bathroom and tile cleaners, toilet and urinal care products, general purpose degreasers, carpet and upholstery cleaners, metal polish/cleansers, floor polish or wax, floor wax strippers, general purpose cleaners and air fresheners.

This issue is plagued with many issues. First, SCAQMD has a long history of trying to control Consumer Products with ultra low limits, (1171 is an example).

Second, the one size fits all 25 g/l limit is very harmful to the whole process at CARB. For more than a decade we have pursued individual categories and more importantly limits for individual limits. These categories and limits are needed to produce effective products.

SCAQMD Air Quality Mangement Plan (AQMP)

Once again SCAQMD is trying to get authority to regulate consumer products. In their AQMP they specifically intend to regulate lubricants as well as any consumer product category that has not been regulated to date by CARB.

SCAQMD will hold meetings on the AQMP. We as an industry need to prevent SCAQMD from gaining authority to regulate Consumer Products, because if the authority shifts, the industry will be in for a long hard fight.

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