Pressure Points
How one VOC regulation
leads to another...
Since being approved in 1990, the California Air Resource
Board (CARB) has set a high bar for consumer product
emission standards and provided a model for the U.S.
Environmental Protection Agency (EPA), numerous other states
and Canada. On Oct. 11, 1990, CARB approved the Consumer
Products Regulation, establishing volatile organic compound
(VOC) limits for numerous categories of consumer products.
The regulation became legally effective on Oct. 21, 1991 and
CARB has been the regulatory leader in this space ever since.
Relying on a strong scientific basis, CARB has worked with
industry to ensure that products continue to enhance the lives
of consumers and workers while meeting California’s rigorous
emission standards. Due to this strong foundation, CARB’s
regulations have become the model for the EPA National
Volatile Organic Compound Emission Standards for Consumer
Products1, the Ozone Transport Commission (OTC) Model
Rule2 and Environmental & Climate Change Canada (ECCC)3.
Not only has CARB’s Regulation for Reducing Emissions for
Consumer Products served as a model for the EPA, but its Regulation
for Reducing the Ozone Formed from Aerosol Coating
Product Emissions has also served as a model for EPA National
Volatile Organic Compound Emission Standards for Aerosol
Coatings4. On April 18, 2018, the EPA published its plan to
submit an information collection request (ICR)—“National
Volatile Organic Compound Emission Standards for Aerosol
Coatings”—to the Office of Management & Budget (OMB) for
review and approval. This is a proposed extension to the ICR,
which is currently approved through Oct. 31, 2018.
The EPA is currently accepting comments to evaluate whether
the proposed collection of information is necessary and practical,
the accuracy of the agency’s estimate of the burden to
collect the information, ways to improve the information being
collected and how to minimize the burden for respondents. One
of the comments HCPA will be providing the EPA is the need
to update its Maximum Incremental Reactivity (MIR) tables5 to
align with the changes CARB made to its table6 in 2010, based
on updated information provided by the University of California,
Riverside and peer-reviewed by independent researchers. If you
manufacture aerosol coatings, please do not hesitate to reach out
to HCPA with suggestions on other necessary improvements.
During the past 18 years, HCPA has worked cooperatively
with the Ozone Transport Region (OTR) state environmental
agency officials, OTC staff, environmental groups and other
stakeholders to support the development of regionally consistent
regulations for consumer products throughout the Northeast
and Mid-Atlantic Region of the U.S. HCPA has done this for
consistency, not just within the OTR, but so that products are
not defined and regulated differently in various parts of the
country (i.e. California).
On April 17, 2018, OTC released the Phase V draft of a new
Model Rule for Consumer Products. This model rule has been
developed by the OTC as part of a regional effort for states in
the ozone transport regions to attain and maintain the eighthour
ozone standard as the EPA has continued to tighten the
U.S. National Ambient Air Quality Standards (NAAQS)7. The
updates in Phase V are based on currently enforceable VOC
limits in the CARB regulation and do not include CARB’s
future-effective VOC limits and the proposed reactivity-based
alternate compliance option for the Multi-Purpose Lubricant
products category. HCPA is currently gathering comments and
will provide feedback to OTC to assist in development of the
model rule.
The OTC is not alone in proposing a new VOC regulation
to align with the limits in California. HCPA’s strategic ally, the
Canadian Consumer Specialty Products Association (CCSPA),
recently informed HCPA that Environmental & Climate
Change Canada (ECCC) is currently developing a new proposed
VOC regulation that is planned to be issued later this year.
Currently, ECCC does not have any consumer product VOC
regulations and ECCC’s stated goal is to align with CARB’s
regulations (HCPA collaborated with CCSPA in 2008 and 2013
when EEEC was working on VOC regulations, which ended up
not being adopted). Going from zero regulations to the CARB
definitions and limits presents several challenges, especially for
manufacturers who do not sell into California, in addition to
the end use consumers and workers who may be shocked by
the performance difference these limits create. It is critical that
Canada and ECCC do not adopt the limits without fully understanding
the foundation of the science and definitions that
CARB and industry have worked on for 30+ years. Once ECCC
releases a proposal, HCPA will elicit member feedback and work
with CCSPA to provide comments to assist in the development
of the regulation to minimize compliance costs, while ensuring
products maintain their efficacy, especially those uniquely
formulated for Canada’s colder climate.
HCPA and its members will continue to proactively collaborate
with legislators, regulators, non-governmental organizations
(NGOs) and stakeholders at all levels of government to improve
air quality across the U.S. and in Canada. Contact ngeorges@
thehcpa.org if you would like to learn more. Spray
140 CFR Part 59 Subpart C
2The text of the current OTC Model Rule is posted at: http://www.otcair.
org/upload/Documents/Meeting%20Materials/OTC%20CP%20Complete.
pdf
3For a history of ECCC’s actions regarding VOC Emissions from Consumer
and Commercial Products, please see: http://www.ec.gc.ca/cov-voc/default.
asp?lang=En&n=C064ECF0-1%5C#X-201503111216504
440 CFR Part 59 Subpart E
540 CFR Tables 2A, 2B and 2C to Subpart E of Part 59
6Cal. Code Regs. Title 17, §§ 94700-01
740 CFR part 50
10 Spray June 2018
NICHOLAS GEORGES
Director, Scientific Affairs, CSPA