OEEHA AND DTSC ANTICIPATED RULEMAKING CHALLENGES ASC MEMBER COMPANY PRODUCTS
December 15, 2014– Bethesda, MD –Regulatory actions in California, such as a revision to the Prop 65 labeling requirements and a possible alternative assessment evaluation of construction adhesive or sealant product under the state’s new Safer Consumer Product program are expected to dominate the attention of the Adhesive and Sealant Council (ASC) in 2015.
While the California’s Office of Environmental Health Hazard Assessment (OEEHA) has not issued a proposed rule, the agency has informally suggested changes to the existing Prop 65 label that would add extraneous and inflammatory language to the existing warning label as well as an OEEHA designed pictogram to indicate the product may pose a health hazard.
“ASC member companies consider any additional language or warning symbols to the existing label as unnecessary and a misguided attempt by the agency to characterize safe products, used daily by California consumers, as being inherently dangerous,” said Mark Collatz, ASC’s Director of Regulatory Affairs. “This is just another example of what happens when regulators focus on risk without considering actual exposure.”
In addition, California’s Department of Toxic Substances Control (DTSC) has identified building and construction products—including adhesives and sealants—as one of seven categories for possible review under the state’s Safer Consumer Product program in 2015.
“The challenge here is that DTSC has not completely worked out a process or determined the best tools for companies to use when conducting the required Alternative Assessment for a product in question,” said Collatz. “Every industry potentially impacted by these requirements needs to stay involved to be sure that the rules for determining whether there are safer alternative formulas that can be applied in a fair and rational manner and incorporate exposure variables within the risk models.”
Collatz also noted that the South Coast Air Quality Management District (SCAQMD) continues to consider changes to Rule 1168. While most of the substantive issues related to the adhesive and sealant volatile organic compound (VOC) limiting rule appear to have been worked through last summer, Collatz emphasized that the industry will need to continue to monitor that issue until it is finalized.
Other issues the Council will be monitoring in 2015 include:
“One of the primary drivers of value for ASC and its members is our ability to collaborate with industry in order to serve as an effective voice for our industry,” adds Matthew E. Croson, President of ASC. “It appears that our regulatory calendar is already full and will focus on California as we strive to provide input and guidance to regulators that oversee our industry. We encourage all members to get involved and invite non-members to get involved now in order to be part of our communications efforts.”
NEW OUTREACH PLANNED
As part of its Long Range Plan, ASC will be developing new tools to support members’ efforts to engage with regulators, lawmakers and other influencers. The new programs include a Communications Tool Kit, a Fly-In with the National Association of Manufacturers (NAM), a new Regulatory Affairs dashboard and a continued focus on leveraging the ASC’s Action Center.
The ASC Communications Tool Kit will provide data on our industry, along with messaging that is supportive of ASC’s overall positions on important issues impacting our sector, including TSCA Reform, California’s Safer Products Rule, Rule 1168 and other important matters. The tools will be used by ASC staff during any regulatory or lawmaker meeting, but will also be shared with members in order for them to make the tools a part of their own messaging.
ASC Fly-In with NAM
ASC will host a Fly-In in June 2015, working collaboratively with NAM. This two-day event will allow members to fly into Washington, DC, participate in meetings and programming focused on legislative activities, and then go to Capitol Hill and meet in groups with both Representatives and Senators. The ASC Fly-In is a great opportunity to share the industry’s perspectives on active legislation, or general manufacturing oriented items that could impact members.
ASC is unveiling a new Regulatory Affairs dashboard, which will allow members to quickly determine ASC’s priority issues, its positions and leverage the information for internal meetings or for any communications outreach in which members are participating. Select information is shared with members only, allowing dues paying members to enhance their communications efforts on behalf of the industry, in partnership with ASC.
ASC will once again leverage its Action Center by directing members to the web-based tool when it needs support with letters directed to regulators or lawmakers concerning proposed or finalized rules and regulations. In 2014, ASC leveraged the tools eight different times to rally members to share thoughts and opinions on regulations that directly impact the industry.
“Working together, leveraging new tools and information, ASC is partnering with its members in new and different ways as we strive to serve as the industry’s voice on all matters directly impacting adhesives and sealants,” adds Croson. “Most tools are going to be available for members only and are important investments that support the Board’s Long Range Plan of delivering a unified industry voice.”
For more information on ASC, visit www.ascouncil.org.
The Adhesive and Sealant Council (ASC) is a North American trade association dedicated to representing the $40 billion global adhesive and sealant industry. The Council is comprised of 131 adhesive and sealant manufacturers, raw material and equipment suppliers, representing 75% of the U.S. industry. “Innovators secure the future with adhesives and sealants” is the vision of ASC, and the Council produces programs that support five strategic objectives covering Career Education, Community Knowledge Integration, Innovation, Unified Industry Voice and Accelerate Growth. Information on ASC can be found at www.ascouncil.org. Industry solutions and news can be found at www.adhesives.org or www.sealants.org.