As with any new year in the United States, there are numerous regulatory changes that directly impact the commercial cleaning industry. Fortunately, ISSA continually monitors the state and federal regulatory landscape to keep our members apprised of pertinent developments to ensure compliance and uninterrupted business operations.
Some of the major changes we expect in 2014, include those concerning the global harmonization system (GHS) revisions to the Occupational Safety and Health Association (OSHA)’s Hazard Communication Standard (HazCom 2012). Others include changes to hazardous material transportation regulations, and volatile organic compound (VOC) and other limits.
This article provides an overview of these evolving areas of the law. However, if you would like to stay current on laws and regulations germane to the commercial cleaning industry year round, I encourage you to subscribe to the ISSA Legislative and Regulatory Update (LARU).
GHS
The GHS revisions, issued in March 2012, will be implemented in phases over a period of several years. HazCom 2012, just like its predecessor, regulates the content of labels and safety data sheets (SDSs)—which were formerly called material safety data sheets, or MSDS)—of “hazardous chemicals” including cleaning products. Following are the major obligations and deadlines along with solutions provided by ISSA.
- All employers (includes manufacturers, distributors, cleaning service providers). The first effective date, December 1, 2013, is behind us, and required employers to provide all employees who may be exposed to hazardous chemicals with training regarding the new label elements and SDS format. If you have not yet complied with this training requirement, ISSA urges you to provide the training as soon as possible. To assist you in this regard, ISSA encourages you to use the resources available at www.issa.com/ghstraining.
- Chemical manufacturers and importers. Manufacturers and importers of chemical cleaners must reclassify the hazards of their products consistent with the GHS revisions and revise their SDSs and labels consistent with the new requirements of HazCom 2012. The deadline for these actions is June 1, 2015.
To assist manufacturers with this major undertaking, ISSA offers a number of resources at www.issa.com/sds. These resources include, among other things, discounted pricing for SDS-authoring services, such as those provided by long-time ISSA member Infotrac, which has agreed to provide ISSA members with a 10 percent discount off of its already low pricing.
- Distributors and wholesalers. Distributors and wholesalers must also begin to use the new SDS format and provide it with the first shipment of the product on or after June 1, 2015. Meanwhile, containers of chemical products shipped by distributors and wholesalers must be in compliance with the labeling requirements of HazCom 2012 by December 1, 2015.
New California VOC Requirements
Pursuant to the California VOC regulations, a number of new requirements affecting various product categories became effective December 31, 2013, including revised VOC limits and Global Warming Potential (GWP) standards as well as prohibitions for the use of alkylphenol ethoxylate (APE) surfactants and other specific toxic compounds.
Exhibit 1 sets forth the new VOC limits (based on percent by weight) and GWP standards that became effective on December 31, 2013. The “sell-through” date (see below) for all is December 31, 2016 except where noted.
Also, effective December 31, 2013, the use of APE surfactants in nonaerosol heavy-duty hand cleaners or soaps is prohibited. To facilitate the transition period when regulatory requirements become effective, the California VOC regulations contain a sell-through provision. This provision allows the sale or supply of noncomplying products for up to three years if they were manufactured prior to the effective date of the applicable VOC limit. In order to qualify for this sell-through provision the products must be marked with the date of manufacture or an appropriate code date that has been filed with the Air Resources Board’s Enforcement Division. Also, the manufacture date or code date must be displayed on containers beginning at least 12 months prior to the effective date of the standard.
Utah’s New VOC Limits
On June 5, 2013, the Utah Air Quality Board finalized the state’s proposed VOC regulations that set VOC limits for commercial, institutional, and household cleaning products. The Utah final rule is modeled after the OTC model rule, and the VOC limits will take effect on September 1, 2014. Later effective dates are set for multi-purpose solvents, paint thinners, and rubber/vinyl protectants.
In addition, the Utah final rule prohibits the sale or manufacture of aerosol adhesives, adhesive removers, and graffiti removers that contain methylene chloride, perchloroethylene, or trichloroethylene, effective September 1, 2016.
Please note that Utah does not impose any limitations on the sell-through of products manufactured prior to the effective date. Specifically, products manufactured prior to the effective dates may continue to be sold until supplies are exhausted, provided the product container or package displays the date on which the product was manufactured.
Lastly, the Utah VOC limits do not apply to air fresheners and insecticides that are comprised of at least 98 percent of paradichlorobenzene. The Utah final rule on VOC limits is posted to: www.issa.com/utahvoc.
DOT New Limited Quantities Mark
Effective January 1, 2014, packages of hazardous materials transported as “Limited Quantities” under the DOT regulations must bear a new mark as set forth below:
This mark must be used in conjunction with air shipments of Limited Quantities:
This mark must be used for Limited Quantities shipped via nonair modes of transportation:
Packages of Limited Quantities that display the above marks do not need to place the shipping name and ID number on the outside of the package. Also please note that Limited Quantities are now exempt from the shipping paper requirements. For additional information on these topics, please feel free to contact me.
Exhibit 1
| Product Category | GWP Limit1 | VOC Standard (percent by weight)2 |
| Furniture Maintenance Product—aerosol | 150 | 12 |
| Heavy-duty Hand Cleaner or Soap—nonaerosol | N/A | 1 |
| Insecticide: Flying Bug Insecticide aerosol3* | 150 | 20 |
| Wasp or Hornet Insecticide aerosol3* | 150 | 10 |
| Anti-Seize Lubricant—aerosol | 150 | 40 |
| Anti-Seize Lubricant—nonaerosol | 150 | 3 |
| Cutting or Tapping Oil—aerosol | 150 | 25 |
| Cutting or Tapping—nonaerosol | 150 | 3 |
| Gear, Chain, or Wire Lubricant—aerosol | 150 | 25 |
| Gear, Chain, or Wire Lubricant—nonaerosol | 150 | 3 |
| Multi-Purpose Lubricant (excluding solid or semisolid products) | N/A | 25 |
| Penetrant4 | N/A | 25 |
| Rust Preventative or Rust Control Lubricant—aerosol | 150 | 25 |
| Rust Preventative or Rust Control Lubricant—nonaerosol | 150 | 3 |
| Multi-Purpose Solvent5 | 150 | 3 |
| Paint Thinner5 | 150 | 3 |
* sell through date for these products is December 31, 2017
1. GWP value as specified in the Intergovernmental Panel on Climate Change’s (IPPC) Second Assessment Report (SAR). Use of any chemical compound that has a GWP value of 150 or greater is prohibited.
2. The regulation contains exemptions for fragrances (in an amount of up to 2 percent by weight) and low vapor pressure VOCs. See sections 94510(c) and (d), respectively.
3. Products subject to Federal Inspection, Fungicide, and Rodentcide Act—or FIFRA—and Department of Pesticide Registration requirement are given an extra year to comply with the applicable standards. See section 94509(d).
4. The regulation contains an exclusion for certain Penetrant products. See subsection 94509(m)(7).
5. The GWP limits already apply to nonaerosol Multi-Purpose Solvent and Paint Thinner products, effective December 31, 2010. See section 94509(n).
