Current Aerosol Issues Update

September 29, 2011 SATA Fall Meeting Myrtle Beach, SC

D. DOUGLAS FRATZ Vice President, Scientific & Technical Affairs Consumer Specialty Products Association

Washington, DC - USA

OR

“Eleven Reasons Why My Family

Continually Forgets What I Look Like”

Current Aerosol Issues • Air Quality • Greenhouse Gas Reductions • TSCA Activities • Green Chemistry • Health Issues • Ingredient Communication • Design for the Environment • International Harmonization • Plastic Aerosol Containers • Aerosol Can Recycling • Aerosol Public Relations

CARB 2010 Amendments 15-Day Notice Negotiations in 2011

• Revised Specialty Lubricants Definitions and Limits

• Negotiations Completed in March/April

• Most Restrictive Limit Language Revision • Negotiations Completed in March/April • Avoided Adverse Proposal to Treat

Antimicrobial Cleaning Products to Disinfectant/Sanitizer Limits

• 15-Day Notice/CSPA Comments in July • Office of Administrative Law Approval

Expected in December

Other CSPA/CARB 2011 Activities • 2011/2012 Amendments

– Aerosol Coatings/ Aerosol Adhesives Survey • Preliminary Draft Data Summaries in September

– 3-13 tons/day needed • VOC Emissions Inventory Update

– Include new survey data – CSPA will review and comment

• New Regulatory Alternatives – CSPA AQC Task Force – Enhancements to ACP may be needed

CARB’s 2011 Staff Re-Organization

• Moved from CARB Stationary Source Division (SSD) to Planning & Technical Support Division (PTSD)

• New Consumer Products and New Strategies Branch

• Purpose: New Strategies for CPs • Carla Takemoto Promoted to Branch Chief • Fewer Staff Now Assigned • PTSD Handles SIP Revisions/Strategies

CSPA Alternative Regulatory Strategies Initiative

• CSPA has been promoting new conceptual alternatives to further VOC regulations for more than a decade

• Key Meetings with CARB Staff in 2010 • CSPA AQC Regulatory Alternatives Task Force (RATF)

formed in late 2010 • RATF Meetings in May-August 2011 to refine ideas • Met with new CARB Branch staff in August 2011 to

promote enhancing the Alternative Control Plan regulation to provide voluntary reductions

EPA Ozone Standard Revisions

• EPA Revised in 2008 But Never Implemented – 84 ppb to 75 ppb

• EPA Began Revisiting Standard in 2010 – Proposed 60 ppb – 70 ppb Range for New Standard – CSPA Urged Retaining and Implementing 75 ppb Standard

• EPA Continued to Revisit Standard in 2011 – Major Industry Resistance – CSPA Responded to Congress Request for Position

• Obama Decision in August 2011 to Defer Revision Until 2013 – No Announcement Yet on Implementation of 75 ppb

California Greenhouse Gas Reductions • California AB 32 Law 2006 • Early Action Measures -2008

– Aerosol Dusters and Automotive Air Conditioners

• 2009 –Aerosol Air Fresheners – Prohibits use of compounds with GWP value ≥ 150

• 2010 Amendments – Flying Bug Insecticide – Aerosol – Furniture Maintenance Product – Aerosol – Metal Polish / Cleaner - Aerosol – Oven or Grill Cleaner - Aerosol – Special-Purpose Lubricants – Aerosol – Spot Removers (Dry Clean Only) – Aerosol – Wasp or Hornet Insecticide – Aerosol

• 2011/2012 Amendments?

California Environmental Protection Agency

Federal TSCA Reform

• Toxic Substances Control Act of 1976 • Congressional Hearings in 2010-11 • CSPA Chemicals Management Policy

Team • CSPA Leading a Broad Coalition • Safe Chemicals Act of 2011

– Senator Lautenberg – CSPA Leading Downstream Coalition

EPA TSCA Activities • Chemical Action Plans

– 12 Announced in April 2011 – BPA, Benzidine Dyes, HBCD, PFCs, MDI – NPEs, Phthalates, 3 PBDFs, SCCPs, TDI – More Are Planned

• EPA Draft Two-Step Process for Identifying Priority Chemicals – Issued August 2011 – CSPA Downstream Coalition Comments

Green Chemistry Initiatives

• Many States Are Seeking to Establish Their Own Chemicals Management Programs

• Often Use “Green Chemistry” and/or “Children’s Health”

• States Developing Programs – California – Washington State – Minnesota – Maine

California Green Chemistry

• 2008 California Green Chemistry Legislation – CSPA Negotiated Acceptable Provisions – Helped form Green Chemistry Alliance – DTSC Formed Green Ribbon Science Panel (GRSP)

• California Department of Toxic Substances Control (DTSC) Straw Man Proposal in 2009 – Not Even Close to Acceptable to Anyone!

• DTSC Proposed and Adopted “Regulation for Safer Consumer Products” in 2010 – Alternatives Assessments Required for Targeted

Chemicals and Products – Marginally Acceptable for Industry – Not Acceptable to NGOs

DTSC Regulation for Safer Consumer Products

• Numerous GRSP Meetings in 2011 • Green Chemistry Alliance Efforts Continue • New Alternatives Analysis Industry Coalition • Industry Alternatives Assessment Symposium in

September in Sacramento • New Draft Final Rule Planned Late-October • New Proposed Rule and Final Rule in 2012 • NGO Goal: Hazard-Based Regulatory

Requirements to Control or Eliminate Specific Chemical Uses

• CSPA Goal: Risk-Based Process to Allow Cost-Effective Assessments to Defend Safe Uses

Health and Safety Issues • CPSC Consumer Product Safety

Information Database

• EPA Endocrine Disruptor Screening Program

• California Biomonitoring

• Asthma Causation

CPSC Consumer Product Safety Information Database • Consumer Product Safety

Improvement Act of 2009 • Consumer Product Safety

Commission (CPSC) • Consumer Product Incident

Database • SaferProducts.gov went Live

on March 11th

EPA Endocrine Disruptor Screening Program

Biggest Challenges from EDSP • High Costs of Tier 1 Testing ($500,000+) • Inert Ingredient Suppliers “Opting Out” • EPA Does Not Know How to Interpret Tests • NGOs Will Interpret Results and Disparage Chemicals • Tier 2 Tests (Chronic Reproductive, etc) Could Cost

Many $ Millions More • EPA Proposing 124 (Drinking Water and Pesticide)

Chemicals for Test Orders Later in 2011

California Biomonitoring

• Chemicals in Brood/Urine • Can Provide Useful Exposure Information • CDC Biomonitoring Program • California Planning Own Program • Will Not be Statistically Designed • Plan to Share Results with Individuals • Largely Political and Public Relations

Game - Not Public Health Oriented

Asthma Causation • Known Causes: Mostly Bioallergens

• Suspected Causes: Chemicals? • Aerosol Particles/ Gas-Phase Irritants? • CSPA Working with Public Health Forum • PHF-Sponsored Asthma Science Forum

– May 10, 2011, Old Town Alexandria, VA – Industry Representatives (CSPA/ACC/ACI/etc.) – Experts in Asthma Causation – Identify Known Causes and Data Gaps

Ingredient Communication • 2007-2010: California Legislation • 2009-2010: Federal Legislation • 2009 and Continuing: Voluntary Industry Initiative

– CSPA / CCSPA / ACI Voluntary Ingredient Communication Program – CSPA Consumer Product Ingredient Dictionary

• 2010-2011: New York State Regulation • 2010-2011: EPA Design for the Environment • 20010-2011: EPA Pilot on Antimicrobial Pesticides • 2009-2011: Negotiations with NGOs

CSPA Consumer Product Ingredient Dictionary Project

• Members Asked CSPA to Create in 2008 • Help Members / Assist IC Negotiations • 16 Product Marketer Sponsors • Modeled After Cosmetics Dictionary • First Edition in December 2009 • Second Update to First Edition July 2010 • Now 319 Ingredient Monographs • Thousands of Trade Names and

Technical Names Defined • Valuable Reference for R&D

– VOC Status for All Ingredients

EPA Design for the Environment

• U.S. EPA Product Certification Program • CSPA APD DfE Committee • DfE Cleaning Products Criteria • “Continuous Delivery Systems”

– Small Particles – Propellants

• Ingredient Communication • Product Efficacy Testing • CSPA Long-Term Goal: Expand Acceptance of

Aerosols

EPA Design for the Environment Activities for 2011-2012

• Met with EPA DfE Staff in May 2011 to Discuss Options

• Need to Have Propellants Treated Same as Solvents

• Get Marketers to Develop Specific Examples

• Provide Evidence for Change in Cleaning Product Criteria

International Affairs

• International Liaison Committee – September in Sao Paulo, Brazil

• Globally Harmonized System (GHS) – Physical Hazards and Health Hazards – USA Implementation of GHS

• CSPA/FEA Container Harmonization – Efforts Restarted in 2011

Joint CSPA/FEA Container Harmonization Workgroup

• Initial Effort in 2002-2003 • CSPA Agreed to FEA Request to Reopen Discussions

in 2010 • Joint CSPA/FEA Workgroup Formed in 2011 • 17 Participating CSPA and FEA Members • CSPA Co-Chair: Maria Evangelista (Crown) • FEA Co-Chair: Franck Flecheux (Ball-Aerocan)

Joint CSPA/FEA Workgroup

• Initial Joint Workgroup Calls in April and June – Need for Additional Product Data – Next Call in November

• CSPA Task Force Calls in July – All 3-Piece Steel Container Suppliers Involved – Talked to DOT Representatives

• Interested in Harmonizing But Will Work With Industry – Developing Member Survey to Determine Importance to

Division Members – Next Calls in October/November

• Discussions at CSPA Annual Meeting in December

Plastic Aerosol Containers CSPA Aerosol Products Division Commercial Standards Committee Plastic Aerosol Container Subcommittee Formed in 2010 >50 Members Scott Smith (P&G) Chair & Kevin Hoening (Aptar) Vice Chair Plastic Aerosol Research Group (PARG) Formed under PIR 2011 15+ PARG Participants

Plastic Aerosol Containers

• NFPA Code 30B Storage Issues • DOT Transport Regulation Issues • Container Standards • Recyclability Issues • International Harmonization

CSC Plastic Container Subcommittee

• NFPA Code 30B Storage Issues – Coordinating with Manufacturing & Storage Standards Committee

• DOT Transport Regulations – Coordinating with International Harmonization Committee

• International Harmonization of Container Standards – Coordinating with IHC and FEA – Initial FEA Proposal Not Yet Supportable

• Recyclability/ Environmental Issues – Coordinating with Recycling Committee

PIR Plastic Aerosol Research Group • Joint Venture Research Group (LLC) • CSPA Product Ingredient Review (PIR) Program • 21 Companies Currently Participating • 4 Containers for Testing • 350 / 400 / 475 / 750 ml sizes • Warehouse Storage Fire Tests

– With Factory Mutual Research – Fire Tests for Product Classification – Initial Tests at UL in May 2011 – NFPA 30B Fire Code TIA – Large Scale Fire Tests with FMR

CSPA APD Recycling Committee • Formed in 1990s to Facilitate and Promote Empty Aerosol

Container Recycling • Federal Trade Commission Guides for Environmental

Marketing and Claims • Partnering with Steel Recycling Institute • CSPA Support Package for Aerosol Recyclability Claims –

Included in CSPA Aerosol Guide • Participation in Recycling Industry Trade Shows • Aluminum Container Recycling • Increased Curbside Program Acceptance

Aerosol Recycling Promotion Campaign

• Conceptual Proposal Approved May 2011 • Promotion of “Please Recycle” Labeling on All Steel and

Aluminum Aerosol Products • Assure Compliance with Revised FTC Guides • Web-site Assistance for Fillers and Marketers • Increase Curbside Recycling Program Acceptance • Promote Aerosol Recyclability to Consumers • Partner with CAPCO and Regional Associations

Aerosol Public Relations Issues

• Very Effective New CAPCO and ACE Initiatives – Positive Messages, Effective Use of Websites and Social Media

• Early 2011 E-Mail Discussions in Aerosol Products Division • CSPA APD Member Survey on Aerosol PR Terminology

– “No-CFCs” “Aerosol” “Propellant” “Hydrocarbon” vs. – “Recyclable” “Continuous Delivery” “Pressurant” “Natural Gas Liquid”

• CSPA Mid-Year Meeting Division Program in May – Consensus Reached on Need for Positive Messages and Terminology

• Regional Aerosol Coordinating Committee – Met at CSPA in May and WAIB in September

Aerosol Public Relations Issues

Consensus Appears to be Forming! • Positive Messaging • Positive Terminology • Cost-Effective and Innovative

Use of Web and Social Media • Synergetic Coordination

Between Aerosol Industry Groups

• Effective Outside Partnering

Thank You! Questions?

September 29, 2011 SATA Fall Meeting Myrtle Beach, SC

D. DOUGLAS FRATZ Vice President, Scientific & Technical Affairs Consumer Specialty Products Association

Washington, DC - USA