The Environmental Protection Agency (EPA) has designated Delaware in non-attainment for the 2008 national ambient air quality standard (NAAQS) for ground-level ozone, also known as smog. Therefore, Delaware must continue to enact regulations to gain further reductions of the emissions of volatile organic compounds (VOC), a class of compounds that are precursors to ground-level ozone.
Ground-level ozone is formed through the reaction of VOC and other compounds in the ambient air, particularly on hot, sunny days. High concentrations of ozone can cause or exacerbate difficulty in breathing, asthma and other serious respiratory problems, a health problem that could be more sever to children and the elderly.
The Department of Natural Resources and Environmental Control (DNREC) proposes to revise Section 2.0 of 7 DE Admin Code 1141 by adding 13 new products and product forms to the list of 107 products and product forms already regulated under the current Delaware regulation and deleting 3 product forms yielding 117 products and product forms in the revised regulation. The 13 new products and product forms are; Air Freshener – Dual Purpose Air Freshener/Disinfectant, aerosol; Anti-static Product- aerosol; Automotive Windshield Cleaner; Bathroom and Tile Cleaners – non-aerosol; Disinfectant – aerosol and non-aerosol; Furniture Maintenance Products – non-aerosol; Multi-Purpose Solvent; Oven or Grill Cleaners – non- aerosol; Paint Thinner; Sanitizer – aerosol and non-aerosol; Temporary Hair Color – aerosol. The three deleted products are; Bath and Tile Cleaners – all other forms; Furniture Maintenance Products – all other forms; and Oven or Grill Cleaners-liquids. Nine products and product forms will have their VOC content reduced. In addition 10 new definitions will be added and 32 will be revised, some extensively to improve clarity. These revisions are needed to further reduce VOC emissions to aid in meeting the 8-hour ground-level ozone national ambient air quality standard.
These amendments will show a reduction in Delaware VOC emissions of 330 tons per year. None of the covered consumer products are manufactured in Delaware, but many are sold by Delaware wholesale and retail outlets. Delaware distributors and retail establishments, as since 2005, must sell the covered products at the required VOC content, unless they are providing products outside the state or to instate users that have an approved emissions control device. The national manufacturers of consumer products have agreed to the VOC limits set for the CA rules.
Delaware is a member state of the Ozone Transport Commission (OTC), an organization set up by Congress under the Clean Air Act (CAA) which is composed of 13 entities in the Northeast and mid-Atlantic regions. These entities are generally in non-attainment of the National Ambient Air Quality Standards established by the U. S. Environmental Protection Agency (EPA). The OTC develops model rules for the member entities to use to reduce the emissions of ground-level ozone precursors.
Delaware’s first consumer products regulation was approved in 2002 with a 2005 compliance date and later revised in 2009 with a May 1, 2009 compliance date. These were both based upon Ozone Transport Commission (OTC) Model Rules that were, in turn, based upon California Air Resources Board (CARB) consumer products rule amendments of 2000 and 2004 respectively. Based upon the relatively high VOC emissions attributable in general to the consumer products category and the relatively poor air quality in much of California, CARB had established a continuing program to make significant reductions in VOC emissions of regulated consumer products and to add new products to their rules on a regular basis. The OTC has adopted a policy of following behind the CARB rule amendment process allowing sufficient time for their rules to be in force long enough to work out any problems.
On June 3, 2010, the OTC approved the third model rule for consumer products based upon CARB’s 2006 amendments. Shortly thereafter, the Consumer Specialty Products Association (CSPA), a group representing many U. S. manufacturers of consumer products, asked the OTC to quickly adopt two major product additions made by CARB to their consumer products rules; the addition of Multi-purpose Solvents and Paint Thinners at 3% VOC content. These were previously unregulated products and regulating them promised to yield large VOC reductions. OTC agreed and bypassed adopting the CARB 2008 amendments and went directly to the CARB 2009 amendments to capture the solvents and thinners reduction. These revisions became the fourth OTC consumer products model rule which was approved in May of 2012. The OTC states agreed to delay enacting the third OTC model rule and make both the third and fourth revisions at the same time.
Now, OTR jurisdictions are in a position to translate the third and fourth consumer products model rules, with the addition of the Dual-Purpose Air Freshener/Disinfectant, aerosol, to local rules. New Hampshire has already done so with a regulation approved on Feb. 26, 2014 with a compliance date of 1/1/2017 and several other states are in the process of developing revised rules.
CARB has a long history of regulating consumer products and has performed significant scientific studies and held many stakeholder meetings to insure product categories were correctly identified and that VOC content targets specified in their initial and updated rules were attainable. We believe CARB and OTC stakeholder meetings provided ample opportunity for consumer product manufacturer involvement, negating the need for a review committee or workshops for this Delaware action. A public hearing will provide the requisite opportunity for Delaware public review and comment.
• Start Action Notice approved December 8, 2014
• Draft regulatory language available for managers approval January 21, 2015.
• Draft sent to 37 stakeholders January 26, 2015 with request for comments in 7 weeks.
• Stakeholder comments received March 16, 2015 and proposed regulation developed.
• Proposed regulation sent thru management for approval March 3, 2015.
• Proposed and approved regulation documents sent to State Registrar June 15, 2015.
• Proposed regulation scheduled for Delaware Register publication July 1, 2015.
• Public Notice will be published in 2 newspapers at least 30 days before Public Hearing.
• Public Hearing scheduled for August 4, 2015.
• Secretary’s Order anticipated in September, 2015.
• Final regulation published in Delaware Register 4Q 2015.
• Effective date of regulation 4Q 2015.
• Compliance date January 1, 2017.
• Link to Final Consumer products Section 2 revision
• Link to draft regulatory language (Draft 3 1/21/15)
• Link to proposed regulatory language (5/22/15)
• OTC Model Rules
See under 2013, “2013 Consumer Products Update – Dual Purpose Air Freshener/Disinfectant”.
See under 2012, “Model Rule 2009-12 - Consumer Products – 2012 Update”.
See under 2010, “Model Rule 2009-12 – Consumer Products”.
• CARB Consumer Products rule site.
For more information contact
David F. Fees
Division of Air Quality
100 W. Water Street
Dover, DE 19904
Last revised: 5/17/16