CARB Consumer & Commercial Products Survey,
Proposition 65, and Other Issues and Projects
D. Douglas Fratz
Senior Science Fellow &
Aerosol Products Division Staff Executive
September 25, 2015
2015 Annual Fall SATA Technical Conference
Hilton Head Marriott Resort
Hilton Head Island, SC
Washington, DC - USA
Today’s Presentation
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CARB 2013/2014/2015 Product Surveys
CARB and Industry LVP/VOC Fate Research
California Ozone SIP & South Coast AQMP
EPA Ozone Standard
EPA SNAP Rule
OTC SIP Credit for Low-VOC Products
California Proposition 65
California Safer Consumer Products Program
California AB 708 Ingredient Communication
Other Aerosol Products Division Issues & Projects
2013 Survey Data Quality Review
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First Discussed in CSPA/CARB Meetings in February
CSPA Proposed a QC Process Involving Industry
CARB Goal: Complete Review by December
CSPA Goals for 2013 Data Quality Review
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Review Companies Reporting by Product Category
Remove Industrial Products/ Others Outside Scope
Correct Product Categorizations
Correct Ingredient Categorizations
Correct Product Form Categorizations
Other Corrections Impacting Inventory
CSPA Negotiations for
2014/2015 Survey Changes
• First Discussed at CSPA/CARB Meetings in February
• Goals: Reduce Paperwork Burden and CBI Risks
• CSPA Recommended Changes:
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 Improved Survey Software Tool
 Flexible Definition for New Products
 Flexible Definition for New Formulations
 Remove Non/Minimal-VOC Product Categories
 Grouping of Sales Data by Category
 No Reporting for Minimal Sales Changes
 More Grouping of Ingredients
CARB 2014/2015 Survey Schedules
• 2014 Sales Data and New Formulations
– Survey Begins July 2015
– Submission Deadline November 2015
– No Extensions?
• 2015 Sales Data and New Formulations
– Survey Begins July 2016
– Submission Deadline November 2016
• CARB Webinars at Start and Middle of Reporting
Defense of the LVP Exemption
• South Coast Objected in 2011 to CARB LVP Exemption
• CSPA and Broad Industry Coalition (ARR) was Formed to Defend
• CARB Funding $600,000 in LVP Studies
– Chamber Studies at UC-Riverside
– Environmental Fate Modeling at UC-Davis
• ARR Funding Complimentary LVP/VOC Research
– Fate Modeling by SENES
– Emissions Inventory Assessment by UC-Riverside
– Critique of UC-Davis Draft Report for CARB
Update on CARB-Funded Research
• UC Davis Environmental Fate Modeling
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Fate for LVPs Emitted in Air or Water
Modeling Completed/ Draft Report in April
Comprehensive CSPA Critique of Draft Report in May
Significantly Revised Study Report in June
CARB Research Screening Committee Approved July 8, 2015
• UC Riverside Chamber Studies
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LVP Evaporation Studies/ Product Formulations
Chamber Photochemistry: Ozone and PM
CSPA Members Providing Formulations/Materials
Contract Ends September 2016
Completed ARR-Funded LVP/VOC Research
• SENES LVP/VOC Environmental Fate Modeling
– 43 VOCs, 9 Exempted VOCs, 23 LVPs
– LVPs and VOCs Partition Out: Air to Water, Soil or Sediment
– Results Very Different from UC Davis Modeling
• UC Riverside VOC Emissions Inventory Study
– Current CARB VOC Emissions Inventory for CP&AC – 280 TPD
– Current VOC Inventory: LVP-VOCs are 35% of Coatings, 10% of
Personal Care, and 17% of CSPA Products!
– Chemical Properties Predict Alternative (Non-Air) Fate Potential for
Most VOCs/LVPs
• Down-the-Drain, Combusted, Solid Waste, Polymer Film, Collected as
Waste Solvent, Partitions to Water or Surfaces
Potential ARR-Funded LVP/VOC Research
• Chamber Studies or Modeling of Indoor Fates
• South Coast Ambient Air Speciation Studies to
Evaluate Accuracy of Modeling
• Other Studies on Outdoor Non-Air Fates
• Air Quality Modeling of Ozone Impacts for
LVPs/VOCs
2016 CARB SIP/ SCAQMD AQMP
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Attainment for Ozone (75, 84, 120 ppb) and PM2.5 (Annual/24-hour)
Attainment Modeling Completed
Further Reductions: 65% NOx and 10% VOCs
Most VOC Reductions from NOx/GHG Rules
May or May Not Target Consumer Products for Further Reductions
May Reference to LVP Research (Ozone and PM2.5)
Schedule for 2016 AQMP/2016 SIP Public Process
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White Paper Workgroups and AQMP Workgroup – 2014-2015
Final White Papers (VOC Controls, etc.) – October 2015
Draft Air Quality Management Plan for Public Review – December 2015
AQMD Workshops and Hearings – January-March 2016
Approval by SCAQMD Governing Board – April 2016
Approval of SIP by CARB Board – June 2016
Submission of California SIP Revision to EPA – July 2016
EPA Ozone Standard Revision
• 2008 - 75 ppb (Not Yet Fully Implemented)
• 2010 - EPA Proposed to Lower to 60-70
– CSPA Successfully Opposed Revision
• 2014 - EPA Proposed to Lower to 65-70 ppb
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CSPA Testified in at EPA Hearing in January
CSPA Participated in SBA Roundtable in January
CSPA Submitted Written Comments to EPA in March
CSPA Meetings with House and Senate Officials in May/June
Mike Freeman Testified at House Hearing in June
Greg Johnson Participated in House Roundtable in July
CSPA Met with OMB OIRA Officials in September
• Final Rule by October 1, 2015
EPA SNAP Proposal
HFC Use Restrictions
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EPA Significant New Alternatives Policy Program
2014 Proposed Rule to De-List HFC-134a Uses
CSPA Meetings with EPA SNAP Officials
CSPA Comments Filed October 20, 2014
– Support Retaining Critical Uses of 134a
– Urged Extending Deadline to 1/1/18 & 1/1/17 (From 1/1/16)
– Asked that Variance Procedure Be Adopted
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CSPA Meeting with OMB OIRA in June 2015
Final Rule Promulgated in July 2015
Some HFC-134a Uses De-Listed as of July 20, 2016
2015 - EPA/DOS Seeking Montreal Protocol Revisions for HFCs
OTC Nationwide SIP Credit for
Low-VOC Compliant Products
• CSPA Has Been Seeking SIP Credits for Excess Reductions
Under CARB Alternative Control Plan (ACP) for 15 Years
• OTC States Are Seeking to Avoid Continuous Rulemakings
• OTC Asked EPA to Update National Rules
• Proposing Voluntary SIP Credit Program for Companies
Selling Low-VOC Compliant Products Nationwide
• CSPA and ACA Agreed to Enter Discussions
– Industry Data Collection Burdens
– EPA Voluntary & Emerging Measures Policy
California Proposition 65 Update: 2015
• Lead Agency (Warning) Website Regulation
– CalChamber Coalition Comments Filed June 15, 2015
– Additional CSPA Comments Filed September 21, 2015
• Proposed Changes to "Clear and Reasonable Warning"
– CalChamber Coalition Comments Filed April 8, 2015
– Revised Proposal expected soon
• Proposed Changes related Center for Environmental Health petition
– MADL (Reproductive Toxicity) redetermination for Lead
– Exposure to Average Consumer – Arithmetic vs. Geometric Mean
– Average Concentrations in Products
– Naturally-Occurring Levels
• Cosmetic Product Titanium Dioxide Legal Victory (August)
• Labor Code Listing Mechanism Formalization Final Rule (July)
California Proposition 65 Update: 2015
• New Chemical Listings:
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Ethylene glycol (July)
• New Intent to List Proposals:
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Tetrachlorvinphos, Parathion, Glyphosate (September)
Furfuryl alcohol (July)
1-Bromopropane (July)
Aloe vera, whole leaf extract and Goldenseal root powder (June)
• New Proposals to Remove:
– Diaminotoluene (mixed) (August)
• New Chemicals Under Consideration
– Methyl-n-butyl ketone (2-hexanone), 2,5 hexanedione (November)
– Nickel; pentachlorophenol; perfluorooctanoic acid (PFOA); and perfluorooctane
sulfonate (PFOS)
California Safer Consumer Products
Program Update: 2015
• California Department of Toxic Substances Control (DTSC)
• CSPA Scientific Affairs Committee Green Chemistry Task Force
• Four-Step Process: Candidate Chemicals, Priority Product, Alternatives
Analysis, Regulatory Response
• Three Initial Priority Products – Proposed Rule Later in 2015
– Children’s Foam-Padded Sleeping Products with TDCPP or TCEP
– Paint Strippers with Methylene Chloride
– Spray Polyurethane Foam Systems with MDI
• Priority Product Work Plan 2015-2017
– New Priority Products to be Identified
– Personal Care Products, Household Cleaning Products, Building Products
– California Biomonitoring Data as proxy for exposure data
California AB 708 Ingredient Communication
• CSPA Has Been Actively Addressing Proposed Ingredient Disclosure
Legislative Proposals for 10 Years
• California AB 708 Introduced in 2015
• Would Mandate Disclosure of All Ingredients
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On Label and on Web Site
Household and I&I Cleaners/Auto Appearance/Polishes/Air Care
“Ingredient” means a chemical in a product
Ingredient Nomenclature Hierarchy
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CSPA Dictionary Name
INCI Dictionary Name
IUPAC Name
Common Chemical Name AND CAS Number
• CSPA Negotiations Continue in 2015 – Law in 2016?
Regulatory Compliance Initiatives
• CSPA Consumer Product VOC Compliance Webinars
• CSPA Work with The WERCS / Retailers
• CSPA Retail Regulatory Compliance Conference
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Sacramento on September 29-30
Focus on Hazardous Waste and VOCs
EPA and DTSC Hazardous Waste Officials
CARB Officials: New Heads of Enforcement and AQP&SD
• CSPA Request for Guidance/Advisories
– Discussed at CSPA/CARB Meeting in February
– Labeling Multiple Dilutions for Multiple Limits
Aerosol Products Division Projects
• Updates of Key Voluntary Standards
– CSPA Aerosol Guide – 9th Edition – 2009
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New Standards for BOV and Plastic Aerosols
Updated Information on Aerosol Recycling, etc.
– CSPA Aerosol Propellants Safety Manual – 3rd Edition – 2010
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Safe Handling of HFO-1234ze
Consistency with NFPA Code 30B 2015
• Aerosols in EPA Safer Choice Program (Formerly DfE)
• Aerosol Recycling
– Study on Population Access to Recycling for Steel and Aluminum Aerosols
– EPA RCRA Regulations on Waste Aerosols
– CAPCO Consumer Education on Aerosol Recyclability
• International Harmonization
– CSPA Hosting International Liaison Meeting in December 2015
Summary and Conclusions
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2015 has been a year with much success.
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But many issues remain to be resolved in 2016.
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They will not resolve themselves!
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GET INVOLVED!
Thank You! Questions?
D. DOUGLAS FRATZ
Senior Science Fellow &
Aerosol Products Division Staff Executive
Consumer Specialty Products Association
dfratz@cspa.org
Washington, DC - USA