Thomas K. FidlerDeputy Secretary for Waste, Air and Radiation

Management Department of Environmental Protection

Commonwealth of Pennsylvania

Proposed Amendments of the Consumer Products Regulations

25 Pa. Code Chapter 130, Subchapter B

Environmental Quality Board MeetingHarrisburg, PAJune 19, 2007

Background on the Existing Consumer Products

Regulation25 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

Regulationcontinued

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)

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

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

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. EppsDirector, Bureau of Air Quality

Kristen CampfieldBureau of Regulatory Counsel

Susan HoyleBureau of Air Quality