May 2008

News Alert

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CARB Regulations June 2008
On May 9, 2008, the California Air Resources Board (CARB) staff released the Technical Support document for their June 2008 rulemaking. The board hearing to adopt the proposed changes is scheduled for June 26-27, 2008 in Sacramento. The following chart shows the categories, the current VOC limit if the category was previously regulated, the new proposed VOC limit and the future effective date to be adopted.

Category	Effective Limit	Proposed Limit	Future Effective Date
Astringent & Toner (Non-FDA)		35	2010
Carpet & Upholstery Cleaner Aerosol	7	5	12/31/2010
Carpet & Upholstery Cleaner Non-aerosol(RTU)	3	1	12/31/2010
Dusting Aids Aerosol	25	17	12/31/2010
Dusting Aids Non-aerosol	7	3	12/31/2010
Fabric Protectant Non-aerosol	60	1	12/31/2010
Fabric Softener Single use		0.05 grams/use	12/31/2010
Floor Maintenance Product		1	12/31/2010
Floor Polishes & Waxes Wood Floor	90	70	12/31/2010
Glass Cleaner Aerosol	12	10	12/31/2012
Motor Vehicle Wash		0.2	12/31/2010
Multi-purpose lubricant	50	25 10	12/31/2013 12/31/2015
Odor Remover/Eliminator Aerosol Non-aerosol		25 6	12/31/2010 12/31/2010
Penetrant	50	25	12/31/2013
Pressurized Gas Duster		1	12/31/2012
Sealants & Caulking Compounds Chemically Curing Non-aerosol Non-chemically Curing Non-aerosol	4 4	3 1.5	12/31/2012 12/31/2010
Spot Remover Aerosol Non-aerosol	25 8	15 3	12/31/2010 12/31/2010
Tire & Wheel Cleaner Aerosol Non-aerosol		8 2	12/31/2010 12/31/2010
Windshield Water Repellant		75	12/31/2010

Discussions on the categories, VOC limits and future effective dates occupy the majority of time when dealing with CARB. This rulemaking was no exception. Significant time was spent by industry in providing data to CARB to support the VOC limits and future effective dates. While not all of the VOC limits and future effective dates are supported by industry, a majority are feasible time frames. Once again product efficacy and efficiency will likely be reduced by the continued reduction of VOC needed to make a product perform.
In addition to the categories, VOC limits and future effective dates, industry needs to review and monitor definition changes made by CARB. The changes to watch for are the following:

• "Air freshener" definition adds wipes and diffusers.
• "Motor Vehicle Wash" is a new definition. As currently written, the definition would ban the development of an aerosol product. Currently, there were not any aerosols in the inventory, but the VOC limit of 0.2% would not allow any aerosols to be developed. In certain areas of the country where severe drought has occurred, an aerosol product could be useful.
• "Not for Retail Sale" is being defined for the first time. One part of the definition that is troubling is this statement: "or wholesale location where household consumers may purchase products." While it will be industry's attempt to sell only through wholesale outlets, what if one consumer happens to buy a product through an outlet? Does this outlet now become retail sales? The CARB regulation already has labeling built into the definitions. This type of wording will subject the industry to more potential violations.
• "Sealant or Caulking Compound": this rulemaking adds Threaded Pipe Sealants and Gasket Makers into the definition. This is another example of where a product form could be banned. The majority of aerosol products will not be able to meet the 4% VOC limit. In reviewing the data, there are not any aerosol products listed under Threaded Pipe Sealants, so the question to CARB is why are aerosols included other than to ban development of future products. This issue of protecting future product development needs to be watched very carefully.

Besides category limits, dates and definitions, there is other "regulatory language" that needs to be reviewed. The following is a summary of some of the issues:

• Gas Dusters & Penetrants: there are exemptions from certain requirements for products used around energized equipment and open flames. Special labeling will be required.
• Ban on Methylene Chloride, Perchloroethylene and Trichloroethylene use in the following categories: Carpet & Upholstery, Fabric Protectant, Multi-purpose lubricant, Penetrants, Sealant or Caulking Compound and Spot Remover. This ban takes effect on Dec. 31, 2010 with a sell-through period.
• Removal of grandfathering for Personal Fragrance Products containing 20% or less fragrance, effective Dec. 31, 2014. The sell through remains in effect. The 75% limit will be effective for all products after Dec. 31, 2014.
• There is wording that will prevent the addition of dilution requirements for pump sprays. Thus, the VOC limit will apply to pump sprays even if dilution statements are on the container.
• Wording was also added to the Date Code requirement, which specifically prevents the use of batch codes. Thus, batch codes cannot be used to fulfill the date code requirements.
• Non-aerosol Sealant or Caulking compounds will be required to have a labeling requirement.
• R&D reports for Multi-purpose Lubricants and Penetrants will be required by March 31, 2012. Multi-purpose will have an additional R&D report due on March 31, 2014.

This is an extremely short summary of an extensive document developed by CARB. I suggest that you review these documents in detail. There is only a short time left to send in comments to CARB. The documents can be found at http://www.arb.ca.gov/regact/2008/cp2008/cp2008.htm The current rulemaking has been extremely time and resources extensive for very few VOC reductions. At times, it has been frustrating to deal with CARB on such small reductions. I am sure CARB staff has similar thoughts. Again, review the documents quickly and provide comments to CARB.

Environment Canada
On April 26, 2008, Environment Canada proposed new VOC limits on Automotive Refinish, Architectural Coatings and Consumer Products in the Canada Gazette and can be found at: http://canadagazette.gc.ca/partI/2008/20080426/pdf/g1-14217.pdf.
Architectural Coatings/Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations start on p. 33, followed by Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products on p. 71 and VOC Concentration Limits for Certain Product Regulation (Consumer Products) starting on p. 102.

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A report detailing the work of The Soap and Detergent Association's (SDA) data-gathering, Meeting the Challenge: A Progress Report on SDA Commitments under Voluntary High Protection Volume Chemical Programs, is now available on SDA's website, www.cleaning101.com/environment.
    "SDA's report demonstrates that we have gone beyond the basic requirement for disclosure of hazard datasets," said Dr. Paul DeLeo, SDA Director of Environmental Safety. "We have compiled information on chemical uses and exposures, prepared screen level risk assessments and published research in peer-reviewed publications.
    "The true value of all of this work will help our members prepare for the challenges of forthcoming chemical management programs, like REACH in Europe and the Montebello Agreement for North America." (The framework for the Montebello Agreement - a unified, North American, risk-based approach to chemicals management - was outlined by the leaders of the U.S., Canada and Mexico in August 2007.)

Cognis has acquired an interest in InterMed Discovery GmbH and, at the same time, signed a cooperation agreement.

Revlon, Inc. announced that Elle Macpherson, entrepreneur, actress and supermodel, has been signed to represent the brand globally. Macpherson will be featured in upcoming global advertising campaigns and will also be involved with various company-sponsored philanthropic activities.

Arylessence has added three new executives and a new perfumer to the company's quality assurance, sales, regulatory affairs and creative teams. Alan Lacroix, Quality Assurance Manager, will oversee all quality assurance activities for the company. Bob Sansone, Sales Manager, will be responsible for the strategy and implementation of the company's sales and customer programs. He will also oversee training and development of sales personnel. Angela Meyer-Easley, Regulatory Affairs Coordinator, will be responsible for ensuring that all operations and client services are compliant with federal guidelines and consistent with the company's global regulatory practices. Monica Aneiros-Burke, Perfumer, will be responsible for new fragrance strategies and implementation and will be expanding her work in air care and environmental fragrance. She will also assist in training and development initiatives.
    Additionally, the company has also appointed Chuck Martin as Controller of Financial Operations, responsible for financial administration.

Sabinsa Corp. has appointed Benoit Le Gall as quality assurance and quality control manager for its Payson, UT facility. Le Gall will be responsible for upholding TGA certifications, maintaining FDA cGMP compliance and managing laboratories, air handling, water purification systems and other quality system requirements.

Pravana NaturCeuticals announced that Karen Johnson has been appointed VP of Education. In this role, Karen will be charged with directing Pravana's education programs for stylists and professional store managers.

ThermaFuse announced Cheryl Wilbur as Regional Education Manager.

Coty Inc. announced the signing of Oscar-award winning actress Halle Berry to market her debut fragrance. Set to debut in Spring 2009, the yet-to-be-named fragrance is the first for Berry, who will play an integral role in the conception-to-market process and will work on Coty's marketing, creative and product development teams.

The E.T. Horn Company announced the appointment of Christina L. Fiduccia to VP of Sales for the reorganized Essential Ingredients Group. Her predecessor, Roger Thomas, will remain with the company as VP of Technical Affairs.