The California Air Resources Board (“CARB”) will hold numerous public workshops in the Spring and Summer of 2019 with interested stakeholders in the consumer products industry, including the personal care, fragrance, and household/industrial products sectors, to discuss CARB’s next regulatory efforts to reduce volatile organic compound (“VOC”) emissions from consumer products. Two work groups will convene, one focused on regulatory strategies and a second on regulatory definitions. CARB advises that its rulemaking may ultimately require manufacturers to reformulate their products in order to meet emission reduction requirements.

From 2013 to 2015, CARB collected survey data from the consumer and commercial products sectors and obtained technical information regarding various products’ chemical formulations and emissions. Out of the consumer products surveyed, CARB concluded that the personal care products sector contributes 45 percent of the total VOC emissions, with the household/industrial product sector contributing 37 percent. Current consumer products regulation provides a limited exemption from VOC limits for fragrances, provided the fragrance substance or mixture meets certain criteria. However, CARB concludes that fragrance is the greatest ozone forming potential contributor compared to other ingredients studied in the consumer products survey.

Throughout the upcoming work group meetings this May and Summer 2019, CARB will conduct a screening process of potential product categories to determine if regulatory action focused on those categories will result in a significant reduction in emissions. For example, CARB suggests it may screen products in categories described as: no rinse shampoo, aerosol sunscreen, laundry detergent, hair finishing spray and floor wax stripper. In the Fall 2019, CARB plans to present its findings, initial options and proposals with respect to further consumer product regulation in order to meet its emission reduction goals.

If you would like more information about how CARB’s consumer products rulemaking process may affect you or your business, please contact us at [email protected].

© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.