in California, so only those manufactured on and after the
deadline will need updated labels for Prop 65 compliance.
Another GHS deadline this year is the adoption of the
Mexican Official Standard NOM-018-STPS-2015, with
the targeted date of October 2018. After several legislative
publications, Mexico will now join the growing collection of
countries that have implemented a mandatory GHS system.
•••
Owen Caine, Executive VP, Government Relations & Public Policy
& Nicholas Georges, Director, Scientific Affairs, Household &
Commercial Products Association (HCPA)
In 2017 alone, the Household &
Commercial Products Association
(formerly the Consumer Specialty
Products Association CSPA) addressed
450 individual bills in 41 states and
D.C. In 2018, our industry will face new
and recurring issues in an increasingly
complicated political environment at all
levels of government. Below is a brief
summary of the issues that will drive the
conversation for our industry and the
aerosol community in 2018.
Ingredient Communication
Consumers are demanding more
transparency from all facets of life;
for this reason, many household and
commercial product companies, in
addition to building upon longstanding
voluntary disclosure programs, supported
a collaborative approach on California
legislation mandating on-label ingredient
disclosure for air care, automotive, cleaning and polish and floor
maintenance products. SB 258, dubbed the Cleaning Product
Right to Know Act, was signed into law on Oct. 15, 2017.
A coalition of diverse stakeholders, including HCPA,
worked to negotiate this landmark law that successfully
balances consumer and worker demands for more ingredient
information with complex implementation issues. We expect
other states to continue considering their own labeling
requirements, or for a federal solution to be put forward in
Congress—or both. HCPA is actively engaged on all fronts,
monitoring and building consensus on the industry’s path
forward, including how any potential solutions would align
with retailer requirements. To understand what’s next for
ingredient communication and what companies can do to
prepare, see SPRAY, December 2017, p. 10.
Working with Retailers
Communication and transparency are essential in building trust
with consumers, and the same can be said for the relationship
between retailers and consumer product companies.
HCPA has worked with retailers and manufacturers to
show the benefits of practical approaches to ingredient
communication. For example, Walmart confirmed that use
of the California SB 258 designated list will meet its on-pack
disclosure expectations.
22 Spray February 2018
Additionally, allied trades were instrumental in convincing
Underwriters Laboratory (UL) to establish an Advisory
Council of retailers and suppliers to give UL advice about
implementation of WERCSmart, a system that all suppliers are
required to use. In 2018, HCPA will continue to expand the
universe of retailers we are engaging with on their chemical
safety programs.
Working with the EPA: Implementation of the Lautenberg
Chemical Safety for the 21st Century Act (LCSA)
In 2018, EPA staff will continue to engage HCPA members on
the significant changes and actions under the Toxic Substances
Control Act (TSCA) implementation, including prioritization,
TSCA fees, processor submissions on the inventory reset and
work on the designated Ten Chemicals as they move through
Risk Evaluation.
Scientific staff will continue involvement with members
on the EPA Work Plan Chemicals undergoing Section 6
prohibitions and restrictions. The focus remains on protecting
critical industrial uses while searching for viable and effective
alternatives.
HCPA will continue to pursue opportunities to improve use
and exposure information on member products. We expect that
this type of activity will increase significantly under TSCA, both
for development of implementation guidance and possible datagathering.
State Legislation & Regulation: Extended Producer
Responsibility (EPR)
In 2018, more states are expected to increase EPR recycling
programs, which may cause aerosol manufacturers and importers
to increase their reporting requirements to various states. While
HCPA was ultimately successful at stopping multiple proposals,
it anticipates local governments will continue to advocate for
new sources of funding for their waste management programs
into 2018, including extended producer responsibility.
Aerosol Fire Codes
HCPA is able to ensure that the new fire code requirements
are science-based and provide cost-effective protection
against aerosol fire risks thanks to the data development by
the Plastic Aerosol Research Group, LLC (PARG). We expect
developments on the addition of flammable plastic aerosols to
the fire code.
Aerosol Definitions
The regulatory definition of an aerosol is not harmonized
internationally and as a result, aerosols that only expel gas
must be shipped under special permits in the U.S. HCPA is
working to modify the Hazardous Material Regulations (HMR)
definition so that gas-only aerosols can be shipped using the
limited quantity exemption (as is the case with other aerosols)
instead of requiring a special permit.
Classification of Aerosol Waste
While aerosol products that are not empty must be disposed
of as hazardous waste, damaged or partially filled aerosol
containers often could be disposed of as a less burdensome and
less costly universal waste. HCPA has been working with EPA
to better define and designate aerosol containers as universal
waste when appropriate and expects to see a new proposed rule
in 2018. Spray
Regulatory Outlook…
Caine
Georges