USA: New Jersey – Prevention of Air Pollution from Consumer Products

The New Jersey Department of Environmental Protection (NJDEP) is proposing amendments to N.J.A.C. 7:27-24.1 through 24.8, 24.10, and 7:27A-3.10. These amendments to the regulations on chemically formulated consumer products will introduce eight new categories of consumer products subject to new volatile organic compound (VOC) content limits, as well as lower the VOC content limits for 13 existing categories. The amendments also include a prohibition on the sale of certain products containing chlorinated toxic air contaminants for use in New Jersey. Additionally, the proposed changes will update registration requirements for all consumer products, mandating electronic registration. The rulemaking further includes amendments to the penalty provisions at N.J.A.C. 7:27A-3.10, aligning them with the amendments at N.J.A.C. 7:27-24.

This proposal also serves as a revision to New Jersey’s State Implementation Plan (SIP) to ensure compliance with the National Ambient Air Quality Standards for ozone.

The primary benefit of the proposed amendments to the consumer products and architectural coatings rules is the reduction of volatile organic compound (VOC) emissions, which are precursor pollutants that contribute to the formation of tropospheric (ground-level) ozone. Ground-level ozone is a significant health concern in New Jersey, and the state currently does not meet the Federal ozone National Ambient Air Quality Standards (NAAQS). The proposed amendments aim to support the attainment of these standards. Ozone is a highly reactive gas formed in the lower atmosphere through chemical reactions involving nitrogen oxides (NOx) and VOCs in the presence of sunlight. At elevated levels, ozone can cause various health issues, as well as damage to crops and materials. The ozone NAAQS, established by the U.S. Environmental Protection Agency (EPA) under the Federal Clean Air Act (42 U.S.C. §§ 7401 et seq.), sets health and welfare standards for air pollutants. By reducing VOC emissions that contribute to ground-level ozone formation, the proposed amendments will support efforts to improve air quality.

The proposed new eight categories of products are: