BOARD MEETING DATE: March 12, 1999 AGENDA NO. 23
PROPOSAL:
Approve the Use of Public Education Materials to Encourage Use of Low-Polluting Consumer Products
SYNOPSIS:
The 1997 Air Quality Management Plan included a control measure (CM #97CTS-03) that would establish a program to help consumers select low-polluting consumer products. State law prohibits the AQMD from endorsing any product. Therefore, the AQMD is proposing to develop and distribute brochures and fact sheets that provide general information on emissions from broad categories of products.
COMMITTEE:
Stationary Source, February 19, 1999, Recommended for Approval
RECOMMENDED ACTION:
Approve this proposed implementation of AQMP Control Measure #97CTS-03.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
The 1997 Air Quality Management Plan (AQMP) included a control measure intended to reduce emissions through a voluntary program that would help the public identify and select low-polluting consumer products. As originally envisioned, the program would involve manufacturers voluntarily requesting district certification so they could label their products with a seal or logo indicating the products meet some benchmark level of emissions that is lower than regulations require.
Health and Safety Code Section 40730 (adopted in 1994) allows the AQMD to establish programs to assist the public, government agencies, and businesses in complying with district regulations as long as the AQMD does not recommend any product or service.
AQMD Rule 443 – Labeling of Solvents, and Rule 443.1 – Labeling of Materials Containing Organic Solvents establish local product labeling requirements. Since the adoption by the Governing Board of Rule 443 (1976) and Rule 443.1 (1986), state law has defined consumer products, and delegated the regulatory authority to the ARB. It has also restricted air districts from adopting rules that are different from ARB’s regarding consumer products. (Health & Safety Code §41712.)
Consumer products are certified and regulated by the ARB. In order to implement this proposal while staying within the AQMD’s statutory authority, the AQMD proposes to focus on distributing brochures, fact sheets, and publications that provide guidance to consumers on broad categories of products and information on the meaning of existing labels, such as "recycled," "post consumer," etc.
Proposal
To implement CTS-03, AQMD proposes to develop and distribute public education materials, as appropriate, that encourage the use of less-polluting alternatives in various categories of consumer products. Examples of the publications that will be used to carry this message are:
"25 Ways to Clean the Air"
This 12-page booklet includes information to help consumers choose low-polluting products. For example, it encourages the use of zero-VOC paint. It also provides simple explanations of environmental terms commonly encountered on consumer product labels. The words "biodegradable," "ozone-friendly," "contains no CFC," "recycled," "recyclable," and "post consumer waste," are explained. In addition, it promotes other environmentally friendly consumer choices, such as selecting a "green" electricity provider, and buying a low-emitting automobile."Painter's Guide to Clean Air"
This pamphlet provides general information on the environmental benefits of using zero-VOC paints. It also includes a toll-free number people can call for the latest list of manufacturers of zero-VOC paints.
Periodically, AQMD staff becomes aware of an organization that tests and certifies products in a specific category. As staff becomes aware of these organizations, the information will be provided to the public through the Advisor publication, fact sheets, and at various outreach events. AQMD currently distributes at least four publications (see attachments) to help people make better environmental choices when selecting consumer products.
Air Quality Impact
The District's 1997 AQMP did not quantify or take any emission-reduction credit for CM # 97 CTS-03.
Fiscal Impacts
Current AQMD outreach resources are sufficient to implement the proposed outreach measures with no budget impact.
Attachments
ATTACHMENT 1
HEALTH AND SAFETY CODE
H&S 40730 Authorization to Establish Assistance Programs
40730. (a) A district may establish programs to assist the public, government agencies, and businesses in complying with district regulations
(b) For the purposes of a program established pursuant to subdivision (a), a district may provide to any person any factual nonconfidential information regarding any product or service that is in compliance with district regulations, and regarding the air emissions associated with a particular use of that product or service. The provision of that information, upon request or otherwise, shall not include any recommendation to any person with respect to any product or service.
(Added by Stats. 1994. Ch. 247, Sec. 1.)
ATTACHMENT 2
(excerpted from 1997 AQMP Appendix IV-A)
CONSUMER PRODUCT EDUCATION AND LABELING PROGRAM
(VOC)
CM#97CTS-03
CONTROL MEASURE SUMMARY
| Source Category: | Consumer Products |
| Control Methods: | Public Education of Low VOC-Containing Products through Product Labeling |
| Emissions: | Not Determined. |
| Control Cost: | The Estimated Cost Impact Is Not Determined |
| Implementing Agency: | SCAQMD, ARB |
DESCRIPTION OF SOURCE CATEGORY
The intent of this control measure is to inform consumers of lower-emitting alternatives through product labeling.
BACKGROUND
There are a number of consumer products that are used in households, a wide variety of institutions such as offices and schools, and commercial establishments such as shopping centers, fitness centers, restaurants, etc. Consumer products include, but are not limited to detergents, cleaning compounds, polishes, personal care products, and lawn and garden products. Many of these products contain organic compounds which when released in the atmosphere can react to form ozone and other photochemically reactive pollutants. Many consumers are aware of the volatile fumes and odors associated with many of these products, however are not aware of alternative products that are more environmentally friendly and odorless.
The concept of this control measure is to educate consumers about lower-emitting alternatives through a certification program for manufacturers of VOC-containing consumer products. Manufacturers that meet or exceed a specified emission limit would be eligible for a label certified by the District that indicates that their product contains low or zero VOCs and is environmentally friendly. Manufacturers can use labels in their marketing programs to promote their low-emission product.
REGULATORY HISTORY
The District’s jurisdiction is limited regarding establishing VOC limits for consumer products. Pursuant to Section 41712(a) of the Health and Safety Code, it is the responsibility of the state board to adopt regulations to reduce VOC emissions from consumer products, provided the state board determines that adequate data exists for it to adopt the regulations. In addition, Section 41712(e) further states that, "A District shall adopt no regulation relating to a consumer product which is different than any regulation adopted by the state board for that purpose."
As defined in the Health and Safety Code, Section 41712(c), a consumer product is "a chemically formulated product used by household and institutional consumers, including, but not limited to detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and specialty products; but does not include other paint products, furniture coatings, or architectural coatings."
In January 1992, the Air Resources Board (ARB) approved its regulation for reducing volatile organic compound emissions from consumer products. This regulation established VOC limits for over 25 product categories. However, there are a number of consumer products where no limits were specified, for example no limits were specified for office products such as pens, markers, adhesives, etc.
PROPOSED METHOD OF CONTROL
Over the past decade, the use of recycled products has substantially increased. Not only are companies recycling paper, but use of recycled products has been on the increase. The recycling logo is found on a variety of quality office products such as paper, folders, envelopes, notebooks, etc. Based on discussions with a nationwide distributor of office products, they indicated that the number of recycled products available in their catalog has increased from one percent in 1991 to almost eight percent in 1994 (Windor, 1994).
Part of the increase in recycling can be attributed to increasing the public awareness of purchasing environmentally friendly alternatives. Similar to the recycling program, increasing consumers’ knowledge of less polluting alternatives is expected to increase the use of these lower-emitting products. Consumer education would be facilitated through product labeling programs that are certified by the District. In addition, the District could support this type of program through amending its labeling rules Rule 443 – Labeling of Solvents, and Rule 443.1 – Labeling of Materials Containing Organic Solvents.
Implementation of this control measure would be based on the combination of public awareness and product labeling programs that are designed to educate consumers of more environmentally friendly products. Manufacturers that meet or exceed specified benchmarks would be eligible for product certifications.
EMISSIONS REDUCTION
Implementation of this measure is expected to achieve emission reductions. However, projected emission reductions from implementation of this control measure are uncertain at this time.
RULE COMPLIANCE
Implementation of this control measure would be on a voluntary basis. In addition, the District would develop criteria for participation qualifications. Manufacturers would be encouraged to use the District’s labeling program to educate consumers of their lower-emitting products.
TEST METHODS
Testing to determine certification would be based on test methods similar to ARB’s test method requirements for consumer products. Test methods could include one or more of the analytical methods (ARB, 1992):
COST EFFECTIVENESS
The cost effectiveness of this control measure has not yet been determined. The District will continue to analyze the potential cost impact associated with implementing this control measure and will provide cost effectiveness information as it becomes available.
IMPLEMENTING AGENCY
The District has the authority to issue certificates of VOC content to manufacturers of consumer and office products. The District would work with ARB regarding establishing benchmark VOC limits to ensure emission limits are consistent with ARB’s consumer product regulation.
REFERENCES
Windor, John. Personal conversation with Susan Nakamura. March 10, 1994.
California Air Resources Board. "Regulation for Reducing Volatile Organic Compound Emissions from Consumer Products." December 1992.
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