The Colorado Air Quality Control Commission (AQCC) conducted a rulemaking hearing on July 18 and unanimously approved new VOC limits for consumer products. The regulation is based on the Ozone Transport Commission (OTC) Consumer Products Model Rule Phase IV and will take effect on May 1, 2020.

At the AQCC rulemaking hearing, the Household & Commercial Products Association (HCPA) presented testimony that expressed its member companies’ support for the Division’s actions to ensure that the definitions and regulatory flexibility provisions are consistent with the OTC Model Rule and the California Air Resources Board (CARB) regulation. HCPA further explained that its members who manufacture/market products on a regional basis need enough time to either reformulate products or make necessary revisions within their distribution network to comply with the requirements of the new regulation. Thus, HCPA shared member concerns that the proposed May 1, 2020 effective date could present a challenge. However, the HCPA members that could be affected recognized the state’s compelling interest in implementing the regulation on May 1, 2020 and will expedite any reformulation or changes in distribution networks that are necessary to meet that deadline.

This new regulation contains definitions and regulatory flexibility provisions that are consistent with the CARB regulation and the OTC Model Rule. Additionally, the VOC limits are consistent with the current regulations in Connecticut, Delaware, Maryland, New Hampshire and Utah (and Rhode Island beginning January 1, 2020).

Please refer to the VOC matrix, which is posted on the AQC section of the HCPA members-only website, for more information about the new Colorado VOC limits for specific product categories.

Background

HCPA was granted party status and participated actively in all phases of the Colorado rulemaking process. During this process, HCPA participated in seven meetings in Denver, filed several detailed written comments and submitted a redline text document that clearly provided a fact-based rationale for extensive revisions to the initial proposed regulation. HCPA is pleased to report that the Colorado Department of Public Health and the Environment Department Air Quality Division incorporated virtually all of HCPA’s extensive recommendations.  The only provision the Division did not change was the proposed May 1, 2020 effective date. The Division stated that if the final regulation was not in effect by the start of the 2020 summer ozone season (May – September), Colorado could not take credit for the VOC reductions in 2020.

Please contact Joe Yost, Vice President, Strategic Alliances & Industry Relations, at jyost@thehcpa.org with additional comments or questions.

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