Advocacy Submits Comments on CPSC Proposed Rule Declaring Certain Aerosol Duster Products as Hazardous Substances Under the FHSA

On July 31, 2024, the U.S. Consumer Product Safety Commission (CPSC) published a notice of proposed rulemaking entitled “Banned Hazardous Substances: Aerosol Duster Products Containing More than 18 mg in Any Combination of HFC-152a and/or HFC-134a.” These products are commonly used to clean computer keyboards.

The proposed rule would amend current regulations to add a new provision declaring any canister of aerosol duster product containing more than 18 mg in any combination of HFC–152a and/or HFC–134a to be a banned hazardous substance under the Federal Hazardous Substances Act (FHSA). Additionally, the proposed rule will prohibit a manufacturer from “stockpiling” or substantially increasing manufacturing or importation of such aerosol duster products between the publication date of the final rule and the effective date. Many manufacturers and importers of aerosol duster products that will be regulated by this proposed rule are small entities.

Advocacy issued a regulatory alert and conducted outreach to small businesses on the proposed rule. Advocacy discussed with small entities the potential impacts of the proposed rule on their business and submitted a letter to relay such concerns and feedback. Advocacy is concerned that the CPSC’s proposed rule will disproportionately harm small manufacturers and importers of aerosol duster products. As such, Advocacy recommends the CPSC to thoroughly consider the small business impacts of this proposal. At the very least, Advocacy recommends that the CPSC extend the compliance deadline for the effective date of the proposed rule to 180 days after final rule promulgation.

For more information, please contact Assistant Chief Counsel Brody Haverly-Johndro at brody.haverly-johndro@sba.gov.

Document

Comment Letter – Banned Hazardous Substances, Aerosol Duster Products (PDF, 53.5 KB)