REGULATORY UPDATE
Rhett Cash, Counsel, Government Affairs, American Coatings
Association (ACA)
The regulatory climate in 2020 appears to be slightly different
than past years. From 2017–2019, Federal agencies remained
stagnant in their rulemaking activities as a result of President
Trump’s efforts to re-shape the agencies through executive orders;
these significantly changed the focus of rulemakings by requiring
symbiotic deregulatory actions. At the same time, State agencies
became more aggressive in their rulemaking due to the lack of
Federal action. Now, Federal agencies are beginning to become
more active, while State and regional agencies are continuing
their rulemaking activities as usual.
For aerosol coatings, the U.S. Environmental
Protection Agency (EPA) recently
ramped up its rulemaking activities by issuing
a final rule in December 2019 that officially
added hazardous waste aerosol cans to
the Federal universal waste program under
the Resource Conservation & Recovery Act
(RCRA). The American Coatings Association
(ACA) actively supported this effort
when the EPA published the proposed rule
in March 2018. This categorization is expected
to benefit a wide variety of establishments
generating and managing hazardous
waste aerosol cans by providing a clear,
Cash
protective system to manage aerosol cans. This change will also
promote the collection and recycling of these cans and encourage
the development of municipal and commercial programs to
reduce the quantity of these wastes going to municipal solid waste
landfills or combustors. The rule became effective in a few States
and territories on Feb. 6, 2020. In other States, the rule won’t
take effect unless and until it is adopted by those States.
ACA is also hopeful that the EPA will act on its petition for
rulemaking to update the national aerosol coatings rule in 2020.
This effort is intended to promote uniformity and consistency in
aerosol coatings regulations
throughout the
country.
Lastly, State and regional
agencies continue
to remain active in their rulemaking activities. The California Air
Resources Board (CARB) recently completed its Aerosol Coating
& Aerosol Adhesive Products Survey on March 1. Through
the survey, CARB gathered specific data on aerosol coating and
aerosol adhesive products sold or supplied for use in California
during calendar year 2018. CARB will now use this data to evaluate
the feasibility of further reducing volatile organic compound
(VOC), toxic air contaminant (TAC) and greenhouse gas (GHG)
emissions from aerosol coating and aerosol adhesive products
in the Golden State. Consequently, CARB may issue proposed
amendments to its aerosol coatings regulation in the near future.
Tom Myers, Executive VP, Legal & General Counsel,
Personal Care Products Council (PCPC)
As we wind our way through the first quarter of 2020, one
thing has become abundantly clear: the regulatory landscape for
consumer products is riddled with potential pitfalls. Manufacturers
and suppliers—especially those for spray products—should take
note of several pending and ongoing activities.
At the Federal level, the U.S. Food & Drug Administration
(FDA) has issued a comprehensive rulemaking
in connection with the sunscreen monograph.
This proposed rule sets forth detailed
requirements for sunscreen sprays, including
particle size, flammability and drying time
testing. FDA would require companies to
discontinue, reformulate or seek approval for
any sunscreen sprays that meet a regulatory
definition of “extremely flammable,” that do
not meet the proposed particle size restrictions
or that meet the definition of “flammable”
or “combustible” and take 10 minutes
or more to dry. In addition, FDA proposed
finding combination spray products of insect
repellent and sunscreen as no longer generally recognized as safe
and effective, which would require companies to discontinue
marketing them. The rule is expected to be finalized in September
2020.
FDA is also busy looking at testing methods to identify asbestos
and other alleged contaminants in talc, and it hosted an all-day
public meeting on Feb. 4, 2020 to discuss this with interested
stakeholders. Cosmetics sprays that contain talc—such as makeup
bases, deodorants,
etc.—will be impacted
by the outcomes of
this meeting. Preliminary
recommendations from an Interagency Working Group on
Asbestos in Consumer Products (IWGACP) include the adoption
of a new definition of what constitutes “asbestos.” Specifically,
the IWGACP recommends adopting the term “elongate mineral
particle” or “EMP” that is defined as “any mineral particle with a
minimum aspect ratio of 3:1.” Under this definition, an EMP would
encompass both asbestiform and non-asbestiform particles, and
this could potentially have broad ramifications for any industry
using talc, including food, drugs and cosmetics.
At the State level, the California Air Resources Board (CARB)
continues to move toward a proposed new rulemaking to set
new limits, and to lower existing limits, for Volatile Organic
Compound (VOC) emissions from consumer products by 2023.
Several personal care product categories are being targeted for
possible VOC reductions, including hair finishing spray, dry
shampoo and personal fragrance products (such as deodorant
body sprays). Other categories under consideration include
antiperspirants and deodorants, aerosol sunscreens, shampoos
and conditioners. CARB will be hosting a series of work-group
meetings and public workshops in the coming months to discuss
the draft proposed rule; the final rule is expected by the end of
2020.
PCPC continues to advocate at the State and Federal levels to
ensure our industry is well represented in the stakeholder process.
Douglas Troutman, ACI General Counsel & Senior VP,
Government Affairs, American Cleaning Institute (ACI)
The 2020 political climate remains, for the foreseeable future,
quite busy. Ingredient communication for cleaning products will
be a continuing trend.
16 Spray April 2020
Meyers