Written on: December 1, 2024 by Doug Raymond
CARB
The California Air Resources Board (CARB) finally released the product categories planned for the next survey; these categories have the potential to be in the next round of rule development.
On Oct. 30, CARB staff presented a webinar (view the recording here). It provided Industry with rationale for the product categories selected to be surveyed. There were three drivers—the first was to fulfill the 2022 CARB State Implementation Plan (SIP).
SIP requires CARB staff to reduce emissions in Consumer Products by 20 tons per day (tpd) by 2037. To do this, CARB needs to select categories that are either high in volatile organic compounds (VOCs) or high in sales, preferably both. CARB is looking for 20tpd emission reductions because it expects Consumer Product emissions to grow by 28tpd by 2037. Thus, the 20tpd reduction is only a partial amount of the total VOC growth that CARB is trying to remediate. For the first time in the Consumer Product Program history, the SIP commitment is expressed by a choice of two metrics: VOC tons or VOC–eq.
VOC-eq is new to the program and means VOC Equivalent Ozone Forming Potential (OFP). In short, VOC-eq uses reactivity to measure the amount of reduction. Reactivity has been used in the past Aerosol Coatings Multi-purpose Lubricant Alternative Compliance option and the new Innovative Product Exempt Provision for Hairspray, Dry Shampoo and Personal Fragrances. However, this is the first time that CARB will embark on product regulation by OFP. The product categories that are being considered for survey to fulfill the SIP commitment are:
• General Purpose Cleaner (non-aerosol)
• Anti-microbial Dry Hand Wash (hand sanitizer)
• Laundry Detergent
• Hand and Body Conditioner, Cream, Lotion & Moisturizer
• Air Freshener, Liquid/Pump Spray
• Deodorant
• Plastic Pipe Cement & Primer
• Disinfectant Aerosol
• Conditioner without styling claims
• Floor Wax Stripper
• Oven & Grill Cleaner (non-aerosol)
• Sunscreen (hair or body) (aerosol)
• Body Wash/Mousse/Gel/Soap/Foam/Scrub
As a qualifier, just because a category is being surveyed does not mean it will be regulated. There are many factors that could prevent a product category from being regulated. If you make products in the above categories, you should stay involved in this process or get involved in the process to protect your products.
The second driver is U.S. Environmental Protection Agency (EPA) regulations. Remember, EPA prohibited Methylene Chloride in Paint Strippers in 2019. The Paint Remover or Stripper product category has had to reformulate this product and may be using more VOC compounds. This is due to two factors:
1. Methylene Chloride is an exempt compound, meaning it does not count towards the VOC limit because the compound is not a VOC.
2. The limit for Paint Remover or Stripper has a VOC limit of 50%, but due to the use of Methylene Chloride, the actual average VOC content of this category was below 25% VOC.
Thus, manufacturers have likely raised the VOC content in their products. CARB is attempting to capture this change. Possibly there could be some VOC reductions of emissions from this product category that will assist with the SIP commitment.
The third driver is Toxics. CARB is attempting to reduce toxic chemicals from Consumer Products and has already prohibited some toxics—namely Methylene Chloride, Perchloroethylene and Trichloroethylene—from 43 consumer product categories. CARB will next be looking at Parachlorobenzotrifluoride (PCBTF) in Consumer Products. PCBTF is another compound that was an exempt VOC and used by manufacturers in the following 19 Consumer Product categories that will be surveyed by CARB:
1. Thinner/Reducer/Retardant (Motor Vehicle Coating Systems)
2. Paint Thinner (non-aerosol)
3. Sealant or Caulking Compound (non-chemically curing)
4. Lacquer Thinner
5. Footwear or Leather Care Product (all other forms)
6. Multi-purpose Solvent (non-aerosol)
7. Footwear or Leather Care Product (aerosol)
8. Clean up Solvent
9. Rust Preventative or Rust Control Lubricant (aerosol)
10. Undercoating (aerosol only)
11. Carpet & Upholstery Cleaner (non-aerosol-dilutable)
12. General Purpose Degreaser (aerosol)
13. Metal Polish/Cleanser (aerosol)
14. Cutting or Tapping Oil (aerosol)
15. General Purpose Degreaser (non-aerosol)
16. Spot Remover (non-aerosol)
17. Sealant or Caulking Compound (chemically curing)
18. Multi-purpose Dry Lubricant
19. Penetrant
Unfortunately, when CARB regulates the above categories, it will be likely that more VOC emissions will need to be achieved.
Currently, CARB is planning to survey 34 product categories. The current timeline is:
• November 15, 2024: Industry to submit comments
• November 2024: CARB to finalize Product Categories for survey
• December 2024: Webinar on Reporting Tool
• December 2024: Survey launch
• Early March 2025: Deadline for completion of survey
By Nov. 15, Industry would have needed to comment on categories. In early December, CARB will instruct Industry how to complete the survey. Finally, CARB wants the surveys to be completed by March 2025. Obviously, this is very ambitious and Industry will ask for more time.
Industry has been waiting for the survey process to begin. I encourage anyone that has products in these categories to be involved as much as possible. The survey process is only the beginning of what will likely be a two or three year process.
More to come.
Wishing you all Happy & Safe Holidays! SPRAY
