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SprayJan13

Surveying the regulatory landscape... Following the 2012 presidential elections, the experts weigh in. By Ava Caridad, Editor Nthe regulatory landscape will look like. In an effort to bringow that the 2012 U.S. Presidential election is over and westeam ahead into 2013, many questions arise as to what readers a variety of perspectives, Spray surveyed regulatory experts and researched various sources to bring together a comprehensive look at what lies ahead in the aerosol and other industries. The top three regulatory issues are projected to be: Laurie Nelson, Randlett/Nelson/Madden, consultant to the National Aerosol Association (NAA) • Green Chemistry regulations are in the process of being final- ized. Some time in 2013, California’s 70+ pages of new regula- California 2013 tory requirements implementing this program should be com- As we go to press, there is still a lot of moving parts in California in plete. Although the Dept. of Toxic Substances Control (DTSC) both the legislative and regulatory arena that make it challenging to is indicating they will begin “small” with 4-5 product/chemical predict the future with any cer- combinations, this is a program that does offer DTSC enormous tainty. Several elections have yet authority over almost every product sold into California. to be decided, but it appears as though the Democrats will have • California also has a new 75% recycling goal they are pushing to a 2/3rds super-majority in both meet which will require your attention. The current thinking is houses, as well as controlling all “extended producer responsibility” which translates into either the state-wide offices. This will an industry-run take back program or a fee from industry to sup- allow them the option of pass- port a state-run take back program. This could easily be applied ing new taxes, urgency measures to aerosol containers. (which would take effect upon Governor’s signature), and mov- • As most of you are aware, the California Air Resources Board ing measures to the ballot—all (CARB) will be exploring the low-vapor pressure exemption without any participation from which is of critical importance to this industry. This is an issue the Republican Party. that will require everyone’s involvement to resolve. (Editor’s There are a large number of note: see Regulatory Issues, p. 8, for more information.) new members (due to term limits in California) and until the first votes are taken, it is challenging Nelson participation.The Golden State remains a place deserving of our attention and to predict how liberal the state will go or if the moderate Democrats will use their numbers to tem- Doug Raymond, Raymond Regulatory Resources (3R), LLC per some of the less reasonable measures. Also, as some in California Given the results of the 2012 elections, the regulatory arena will are called to serve in the Presidential Administration, it will set off a continue to get tougher. Regulators will continue to push for new domino effect of folks scrambling to fill those offices. regulations and worse, we will likely start to see fees/taxes accompa- We will have new Chairs of both Environmental Committees in ny the regulation or follow close behind. In California, we saw new the Legislature but whether that leads to more robust discussions taxes being voted in. This will reinforce the government and the will depend in part on the rest of the committee membership. regulators in particular, to continue on their “mission.” In 2013, look 14 Spray January 2013


SprayJan13
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