Consumer_Products

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Proposed Amendments of the Consumer
Products Regulations
25 Pa. Code Chapter 130, Subchapter B
Environmental Quality Board Meeting
Harrisburg, PA
June 19, 2007
Thomas K. Fidler
Deputy Secretary for Waste, Air and Radiation Management
Department of Environmental Protection
Commonwealth of Pennsylvania
Background on the
Existing Consumer Products Regulation
25 Pa. Code Chapter 130, Subchapter B




July 16, 2002 - Adopted by the Environmental Quality
Board to reduce volatile organic compound (VOC)
emissions from consumer products.
October 5, 2002 - Effective date of final-form
regulation establishing VOC content limits for certain
categories of consumer products (32 Pa. B. 4824).
December 8, 2005 - Revision to State Implementation
Plan approved by EPA.
January 1, 2005 - Statewide applicability to any
person who sells, supplies, offers for sale, or
manufactures consumer products.
Background on the
Existing Consumer Products Regulation
continued

The existing Consumer Products regulation
in Chapter 130, Subchapter B, Sections
130.201-130.465, includes the following:


General provisions and VOC emission limits
Provisions for innovative products, reporting,
recordkeeping, variances, test methods, and
provisions for alternative control plans for
consumer products.
Proposed Amendments of the
Consumer Products Regulation

Are based on the Ozone Transport Commission’s
(OTC) 2006 Model Rule for consumer products.


The OTC 2006 Model Rule is similar to the California Air
Resources Board’s July 2005 Consumer Product
Amendments; the anti-static aerosol product and second tier
shaving gel categories were omitted from the OTC 2006
Model Rule.
Are expected to provide approximately 767 tons per
year of additional ozone-precursor VOC emission
reductions in the Commonwealth.
Proposed Amendments of the
Consumer Products Regulation (continued)

Are more stringent than existing Federal
requirements, but are reasonably necessary
to achieve and maintain the health-based
eight-hour ozone national ambient air
quality standard.
Proposed Amendments of the
Consumer Products Regulation (continued)


Will affect manufacturers, suppliers, and sellers of
consumer products.
May slightly increase costs to purchasers of consumer
products, but these costs are expected to be negligible
because consumer product manufacturers reformulated
the proposed product categories to meet California’s
December 31, 2006, compliance date.
Proposed Amendments of the
Consumer Products Regulation (continued)
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

Will amend approximately 110 existing terms and
definitions including “alternative control plan,”
“consumer product,” “liquid,” and “spot remover.”
Will add approximately 30 new terms and definitions
including “antistatic product,” “electrical cleaner,”
“graffiti remover,” and “shaving gel.”
Will revise the existing “Contact adhesive” Consumer
Product category.
Amendments to the
Table of Standards

Adds VOC content limits for 11 new Consumer
Product categories to the “Table of Standards:”
• Adhesive remover
• Antistatic product,
nonaerosol
• Electrical cleaner
• Electronic cleaner
• Fabric Refresher
• Footwear or leather care
products
• Graffiti remover
• Hair styling products
• Shaving gel
• Toilet/urinal care
• Wood cleaner
Proposed Amendments to the
“Contact Adhesive” Category

The existing “Contact adhesive” category will
be proposed as the following new categories
for consistency with the OTC’s 2006 Model
Rule:
General purpose contact adhesive
 Special purpose contact adhesive

Proposed Compliance Schedule


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The proposed rulemaking includes a January 1, 2009,
compliance date for the new and revised consumer
product categories.
Sell-through period. Product from any of the proposed
consumer product categories manufactured prior to the
compliance date may continue to be sold, supplied, or
offered for sale in the Commonwealth after January 1,
2009.
This “sell-through” exception will not apply to a product if
the date on which the product was manufactured is not
displayed on the product container or package.
Advisory Committee Review

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The Air Quality Technical Advisory Committee reviewed
the proposal on March 29, 2007, and voted
unanimously to recommend EQB consideration of the
proposal.
The Citizens Advisory Council reviewed the proposal on
April 17, 2007.
An overview of the proposal was presented to the
Small Business Compliance Advisory Committee on
October 25, 2006.
Recommended Public Participation
Process for the Consumer Products
Proposed Rulemaking


The Department recommends a 60-day public
comment period and three public hearings on
the proposed rulemaking.
If adopted as final-form rulemaking, a revision
to the State Implementation Plan will be
submitted to EPA.
Thomas K. Fidler
Deputy Secretary for Waste, Air, and Radiation Management
Joyce E. Epps
Director, Bureau of Air Quality
Kristen Campfield
Bureau of Regulatory Counsel
Susan Hoyle
Bureau of Air Quality
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