www.aeropres.com
www.inhalant.org
dscontainers.com
diversifiedcpc.com
formulatedsolutions.com
ikimfg.com
mbc-aerosol.com
terco.com
Regulatory Issues
Doug Raymond
Raymond Regulatory Resources
summitpackagingsystems.com
8 Spray October 2017
CARB
The California Air Resources Board (CARB) has finished its review of the Multi-purpose Lubricant reports.
On Oct. 12, 2017 CARB Staff will hold a public workshop to discuss the upcoming future effective limit of 10%
for 12/31/2018. This has been an ongoing issue for nearly a decade.
To summarize past actions by CARB on this issue: In 2008, it approved amendments to the Consumer Products
Regulation establishing two technology-forcing limits for MPL products; a 25% volatile organic compound
(VOC) limit effective Dec. 31, 2013 and a 10% VOC limit effective Dec. 31, 2015 were also supplied. Because
the limits were technology-forcing, the regulation included a provision requiring staff to conduct a technical assessment
to determine feasibility of the VOC limits prior to their implementation. In a 2013 rulemaking, CARB
approved a three-year extension for the 10% VOC limit for Multi-purpose Lubricant products to Dec. 31, 2018.
Staff has completed a technical assessment to determine the feasibility of the 10% VOC limit and will present
its findings at the workshop. Staff will also discuss a proposal to allow manufacturers to meet an alternate limit
based on reactivity of the products.
The reactivity alternative is interesting. When the original limits were being developed a reactivity limit was
considered. Reactivity is a solidly scientific way to regulate VOC emissions and should be used more often for
VOC limits in Consumer Products.
OTC
On Sept. 7, 2017, the Ozone Transport Commission (OTC) held its regularly scheduled meeting in Washington
D.C. At the meeting, the Stationary & Area Source (SAS) committee announced that a Work Group will be
formed to update the current Consumer Product Model Rule. This activity will be worked on during the first
quarter of 2018.
Currently, the SAS committee is considering adding all Consumer Product categories that are currently effective
in the CARB regulations, excluding the following categories:
• Anti-seize Lubricant
• Cutting or Tapping Oil
• Gear Chain or Wire Lubricant
• Rust Preventative or Rust Control Lubricant
Also, the 10% future effective limit for Multi-purpose Lubricant would not be in the model regulation because it
is not yet effective. This is a good opportunity to get involved if some of the current CARB Consumer Products
category limits are difficult to meet or produce inferior products. Categories such as the new aerosol adhesives
or perhaps the non-aerosol General Purpose Cleaner and degreaser limits of 0.5% should be argued to not be
included. Again, this will be our opportunity to comment on this rule.
Maryland
Maryland is proceeding with its Consumer Product Rule. The problem with the Maryland rule was the effective
date of 1/1/2018. Maryland is going to maintain this effective date, however, it has stated that there will not be
any enforcement of the rule until 5/1/2018. Maryland is doing this because its process of adopting the rule was
too far along to change the effective date. Thus, Maryland decided to have enforcement discretion of not enforcing
the rule until 5/1/2018.
New York
New York State plans to develop a Consumer Product Rule this fall. We can expect to work with the state later
this year on its rule. The problem with this is that OTC, as reported above, will be working on a new Model Rule
next year. This means that the OTC states will have a patchwork of regulations: the old Model Rule, the current
Model Rule and the Future Model Rule to be developed next year. OTC needs to work with the states to fix this
patchwork of rules.
California Legislation
As we go to press, two legislative bills are expected to be adopted into law: SB 258 on ingredient disclosure and
AB 1120 on Butane. More to come next issue; by then we will know if these bills were adopted. Spray