Written on: August 1, 2024 by Doug Raymond
SCAQMD
On July 11, the South Coast Air Quality Management District (SCAQMD) held its third work group meeting for Proposed Amendments to Rule 1151 Motor Vehicle & Mobile Equipment Non-Assembly Line Coating Operations—more often referred to as the Auto Refinish rule. This was a continuation from the last two work group meetings. The focus of the amendments is the removal and prohibition of parachlorobenzotrifluoride (PCBTF) and tertiary butyl acetate (tBAc). Currently, staff has suggested moving the volatile organic compound (VOC) limits higher (to the National [U.S.] or European VOC limits) to promote faster reformulation of certain categories of Automotive Refinish Coatings.
Staff should have had a more refined plan for how this will be accomplished in time for July 11 work group meeting. Hopefully much more detail on timing will be provided. There will be more to come on this issue in a future edition of Regulatory Issues.
On July 9, SCAQMD had its first work group meeting on three different rules:
1. Rule 1107: Coating of Metal Parts & Products
2. Rule 1124: Aero-Space Assembly and Components Manufacturing & Operations
3. Rule 1136: Wood Products Coating
The focus on these work group meetings is the same as Rule 1151—to phase out the use of tBAc and PCBTF. Currently, we don’t know how much of these compounds is used in these products; again, there will be more to come on this topic.
CARB
There is still no word on the next California Air Resources Board (CARB) survey on Consumer Products. CARB does not plan to release the survey until a new manager is hired, which, I’m told, will be this Summer. When this person will be on board is another issue. Thus, for now, we continue to wait.
OTC
On June 13, the Ozone Transport Commission (OTC) held its Annual Meeting in Portland, ME. At the meeting, the HCPA’s Nicholas Georges and I, representing Industry, made comments to the OTC, calling for consistency and the future use of Reactivity.
In addition, representatives from New Jersey told us that they would be starting on a Consumer Product rule soon.
Oregon
Oregon is considering a Consumer Products VOC regulation. Our first pre-meeting was in January 2024. Oregon has informed Industry that it is indeed moving forward with Consumer Products and Architectural Coating Rulemakings. The Beaver State is planning a Rule Advisory Committee (RAC) meeting late July or early August; this first RAC meeting will be a hybrid of virtual and in-person.
Nevada
Clark County, Nevada, showed interest in developing a rulemaking on Consumer Product VOC regulations. To date, Clark County has not acted on this rulemaking; however, it has moved ahead with other VOC regulations. The latest is the Architectural & Industrial Maintenance Rule, which means that Consumer Products are likely next on the list.
AIM
As a reminder, there are only five months until The U.S. Environmental Protection Agency (EPA) American Innovation Manufacturing Act (AIM) regulation takes effect.
As of Jan. 1, 2025, the EPA is restricting the use of all Hydrofluorocarbons (HFCs) with a Global Warming Potential (GWP) greater than 150 in aerosol products.
However, the following categories will have an extension until Jan.1, 2028, to utilize HFCs higher than 150 GWP:
• 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 synthetic fabric spinnerets;
• 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
Therefore, as of Jan. 1, 2028, all aerosol products can only use HFCs with a GWP of 150 or less. This includes an extension for the use of HFC-43-10mee and HFC-245fa in aerosols until Jan. 1, 2028.
Remember, HFC-152a has a GWP of less than 150, thus it is not restricted under this rule, except for labeling.
Finally, products manufactured or imported before their respective effective date of Jan. 1, 2025, or Jan. 1, 2028, have a three-year sell-through period.
Labeling for HFCs: Additional reminder
This rule requires the disclosure of the HFC used in the product and the date of manufacture.
For products such as cosmetics and over-the-counter drugs, ingredient disclosure is already required by the U.S. Food & Drug Administration (FDA) and therefore shouldn’t be an issue. It is the same with cleaning products due to the requirements of the California Product Right to Know Act of 2017.
However, companies need to be aware that for the use of any HFC, including HFC-152a, in any aerosol product other than the technical aerosol products listed in the rule, and metered dose inhalers and defense sprays, the label must disclose the HFC(s) in the product, starting Jan. 1, 2025. For the technical products listed in the rule, the label must disclose the HFC(s) that are in the product starting Jan. 1, 2028. These label requirement deadlines line up with the restrictions on the use of HFC with a global warming potential greater than 150.
It is important to note that the deadlines—including label disclosure—are for products manufactured on those dates and beyond. There are no restrictions on products manufactured before those dates under the AIM Act (although please be aware of the restrictions/requirements that States may have on certain HFCs). SPRAY
