California ARB Announces Extensions to Respond to 2013 Survey

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On February 19, 2015, California Air Resources Board extended the response time to the 2013 Consumer and Commercial Products Survey (2013 Survey).  But be careful – there are different extensions for different groups, and if businesses do not fall into the “Formulators” or “Small Business” groups, then they can only receive an extension if they apply by submitting the required email request by February 27, 2015.

Additional Extension Requests

The California Air Resources Board (ARB) recognized the substantial resources required to complete the 2013 Consumer and Commercial Products Survey (2013 Survey). In some cases, ARB announced, companies may need extra time to complete reporting of 2013 data beyond the 90 statutorily required days and the additional 90-days ARB staff already issued due to the 2013 Survey scope. Below is a summary of the additional extension request process announced by ARB.

1.   Formulators: All formulators will receive a 30-day extension to submit formulation data to ARB. The due date for formulators is extended to April 1, 2015.  Formulators automatically receive the extension and do not need to send an email to request one.

2.   Small Businesses: Responsible parties who are also a small business have an additional extension until July 1, 2015 for reporting 2013 data. For purposes of the 2013 Survey, a small business is defined as a company or entity with 25 or less full-time, part-time and contract employees combined. The 25 employee count must also include seasonal workers. For example, a salon with their own product line of hair care products with a 12 part-time employees would quality for this extension. Small businesses automatically receive the extension and do not need to send an email to request one.

3.   Responsible Parties (other than those who qualify as “Small Businesses”): Responsible party requests will be handled on a case-by-case basis, and must request an extension by email no later than February 27, 2015.  To request an extension from the original survey due date of March 2, 2015, responsible parties must email [email protected] by February 27, 2015 to make a request, and the email must have the following title: “2013 Survey Additional Extension Request – Company Name (add your company name here)”.   In order to receive an extension, responsible parties will need to provide the following information:

a) When did you learn about the 2013 Survey?

b) When did you start working on the 2013 Survey?

c) When did you finish your data collection effort for the 2013 Survey?

d) Approximately how many products will you report? labels?

e) How far along are you in entering data into the Consumer Products Reporting Tool (CPRT)?

f) How much time are you requesting to complete the 2013 Survey?

ARB staff will notify each company the results of their request via email.

ARB also reminded survey participants to submit complete data reports, as partial data sets will not be accepted.

Conkle, Kremer & Engel attorneys keep abreast of the latest developments in California regulatory laws to guide the firm’s clients through the shifting labyrinth that they must navigate.

 

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Mandatory Reporting of Chemically Formulated Products Underway:  Are You Ready?

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Are you ready to comply with the California Air Resources Board’s new reporting requirements?

CARB recently issued the 2013 Consumer & Commercial Products Survey, which requires companies to report sales and formulation data for all chemically formulated consumer and commercial products that are sold or supplied for use in California.

CARB is authorized by law to collect data about chemically formulated products and from time to time gathers information through mandatory surveys.  The last such survey was in 2006.

According to CARB, the purpose of the 2013 Survey is to gather current information on volatile organic compounds (VOC), low vapor pressure VOC (LVP-VOC), and greenhouse gas (GHG) content from consumer and commercial products sold or supplied for use in California.  The Survey will also assist CARB in determining the feasibility of further reducing consumer product emissions, updating the consumer products emissions inventory, and evaluating emissions trends for consumer products.

The Survey requirements are detailed and require reporting of a wide variety of chemically formulated consumer and commercial products, even if those products do not contain any VOCs or contain low VOCs.  CARB has hosted informational webinars regarding the Survey.  The next CARB webinar is on December 15, 2014.

The 2013 Survey officially started on September 1, 2014, and all 2013 data must be reported to CARB by March 2, 2015.  But companies can expect to devote substantial resources well into 2016 to comply with CARB’s mandatory reporting requirements.  That’s because the Survey covers a three-year period and will require further reporting of sales and product ingredient data for 2014 and 2015, in 2015 and 2016, respectively.

In particular, data from the Survey will be used to help CARB prepare for the new State Implementation Plan (SIP) which by 2016 will be required to meet more stringent standards set by the United States Environmental Protection Agency (US EPA).  CARB is collecting data in preparation for the SIP, and is updating its emission inventories by collecting sales and ingredient data for all consumer product categories.

CARB has developed a list of pre-screening questions to help companies determine if they are required to submit survey data to CARB.  In general, each responsible party listed on the label of a consumer product that was sold or supplied for use in California during the calendar year, and falls into a category listed on that year’s Survey Category List, is required to report data to CARB.

The categories of consumer products that are subject to reporting are comprehensive:  California Air Resources Board 2013 Survey – List of Survey Categories  .Highlights from this list of the 2013 Survey categories include:

  • Personal Care Products: Antiperspirants and deodorants, body, hand and face cleaners, eyeglass and contact lens care products, facial and body treatments, fragrance products, hair care products, health use products, makeup cosmetics, nail care products, oral care products, shaving products, and pet care products
  • Adhesives, Sealants and Related Products: Adhesives, sealants and caulks
  • Household and Institutional Products: Air fresheners, odor removers/eliminators, other air scented products, arts and crafts supplies, cleaners and degreasers, dishwashing products, fabric, carpet and upholstery care products, food-related sprays and aerosol products, fuels and lighter materials, garden and lawn care products, laundry products, miscellaneous household products, office supply products, pool/spa/whirlpool/Jacuzzi/pond products, shoe and leather care products, waxes and polishes
  • Pesticide Products: Anti-microbial agents, fungicides and nematicides, herbicides, insecticides and repellants
  • Solvent and Thinning-Related Products: Electronic-related and miscellaneous solvent and thinning products
  • Vehicle and Marine Vessel Aftermarket Products: Detailing products and maintenance and repair products
  • Aerosol coating products: General coatings and specialty coatings

Conkle, Kremer & Engel monitors the latest developments in legal and regulatory issues to provide the most current legal guidance and counseling to its industry clients.

 

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