Written on: October 1, 2024 by Doug Raymond
AIM Technology Transition
The American Innovation & Manufacturing Act (AIM) Technology Transition section regulates hydrofluorocarbons (HFCs) in Consumer Aerosol Products and Technical Aerosol Products. This regulation was adopted Oct. 24, 2023, and becomes effective Jan. 1, 2025; as of this date, any Consumer Aerosol Product that has an HFC compound with a Global Warming Potential (GWP) above 150 is prohibited from use unless the product is a Technical Aerosol. Listed below are all the Technical Aerosol Products that can continue to use HFC compounds greater than 150 GWP; HFC-134a is used in most products:
• Cleaning products for removal of grease, flux and other soils from electrical equipment or electronics;
• Refrigerant flushes;
• Products for sensitivity testing of smoke detectors;
• Lubricants and freeze sprays for electrical equipment or electronics;
• Sprays for aircraft maintenance;
• Sprays containing corrosion preventive compounds used in the maintenance of aircraft, electrical equipment or electronics, or military equipment;
• Pesticides for use near electrical wires or in aircraft, in total release insecticide foggers or in certified organic use pesticides for which EPA has specifically disallowed all other lower-GWP propellants;
• Mold release agents and mold cleaners;
• Lubricants and cleaners for spinnerets for synthetic fabrics;
• Duster sprays specifically for removal of dust from photographic negatives, semiconductor chips, specimens under electron microscopes and energized electrical equipment;
• Adhesives and sealants in large canisters;
• Document preservations sprays;
• Topical coolant sprays for pain relief; and
• Products for removing bandage adhesives from skin
HFC-152a has a GWP of less than 150; it is therefore not restricted under this rule, except for labeling.
Lastly, products manufactured or imported before their respective effective date of Jan. 1, 2025, or Jan. 1, 2028, have a three-year sell-through period.
Under the AIM Act, the U.S. Environmental Protection Agency (EPA) has created disclosure and reporting requirements. Starting Jan. 1, 2025, all Consumer Aerosol Products must disclose the use of any HFC on the label. For technical aerosol products, the use of HFCs must be disclosed starting Jan. 1, 2028. Additionally, each aerosol product needs to identify the date of its manufacture.
EPA is also requiring annual online reporting from manufacturers and importers of aerosol products. This requirement takes effect for all sectors and subsectors beginning with calendar year 2025 data. Reports are due to the EPA 90 days after each calendar year. Thus, the first reports submitted by manufacturers and importers will be due March 31, 2026.
This means you have three months to get labeling on your product, mainly for those containing HFC-152a. Also, remember that numerous States have HFC regulations, as well.
CARB
The California Air Resources Board (CARB) is still working on preparing the next Consumer Products Volatile Organic Compound (VOC) survey. As discussed in my September column, we expect CARB to survey 40–50 product categories. Industry has learned that CARB will likely hold a few preliminary meetings this month (October 2024) on what product categories will be added to the survey, so Industry will at least have an opportunity to comment. However, this doesn’t mean that Industry comments will influence CARB’s ultimate decision.
Oregon
Oregon has begun its look into Consumer Product and Architectural Coating VOC regulations. Its most recent advisory committee meeting was held Sept. 13. Oregon will likely adopt Ozone Transport Commission (OTC) Phase IV for Consumer Products and OTC Phase II for Architectural Coatings.
New Jersey
New Jersey is proposing to amend its existing Consumer Products VOC regulation, which is currently at OTC Model Rule II. The Garden State is likely to move to OTC Model Rule IV. A virtual public meeting will be held on Oct. 15, 2024, at 12:30 EDT and written comments are due by Oct. 18, 2024.
SCAQMD
The South Coast Air Quality Management District (SCAQMD) continues to work through its variety of VOC rules to remove the compounds parachlorobenzotrifluoride (PCBTF) and tert-Butyl acetate (TBAc). On Aug. 30, 2024, SCAQMD held its first Public Workshop, which followed three workgroup meetings on Rule 1151 Automotive Coatings.
Staff is working hard to remove PCBTF and TBAc from Automotive Coatings. These two compounds have been exempt from this rule for a long time and manufacturers have relied on them to formulate Automotive Coatings. SCAQMD staff has set a pathway to quickly phase out these compounds by temporarily allowing higher limits at rule adoption—which is Phase I, followed by Phase II—that provide time for a future effective date, and that lowers the limits back down. Staff is doing this at the direction of the Board to remove toxic compounds instead of reducing VOC compounds.
This rule will make it challenging for manufacturers to reformulate products with a reduced number of exempt compounds to work with. The higher limits will be the National VOC Automotive Limits for Phase I. The Rule will be adopted by Nov. 1, 2024. Staff had requested that all comments on the proposed rule be submitted by Sept. 13. In addition, SCAQMD is proposing to add a Reactivity Limit of 1.0 Maximum Incremental Reactivity (MIR) for Automotive Thinner by Jan. 1, 2030. Although this is a long time away, even SCAQMD is aware of the benefits of Reactivity in dealing with VOC reductions. SPRAY
