ISSA Show attracts thousands of jan/san and institutional cleaning executives from around the world. Before they hit the exhibition floor in search of the latest cleaning devices and formulations, several dozen attended a Keeping It Clean workshop that reviewed some of the regulatory issues impacting this $30 billion segment.

“ISSA Show is our Super Bowl,” noted John Nothdurft, director, government affairs, ISSA. “We’ve been conducting this workshop with HCPA for a couple of years. It’s a great partnership.”

Kline Insights

The workshop got underway with an overview of the industrial & institutional (I&I) cleaning market by Laura Mahecha, director of professional cleaning products, Kline & Company.

Kline is a member of ISSA and conducts extensive interviews with ISSA members. This year, Kline published three reports—Janitorial & Housekeeping Cleaning Products, Foodservice Cleaning Products and Industrial & Institutional Cleaning Wipes. Mahecha noted that before the Covid-19 pandemic, there was tepid interest in the green cleaning sector.

“Users didn’t think green cleaners worked,” Mahecha recalled. “Once Covid hit, green cleaning took a back seat.”

According to Kline data, one-third of end users moved away from environmentally friendly products to heavy-duty formulas. But the shift was short-lived. Post-pandemic, the demand for green cleaning has increased. In fact, 14% of survey respondents said they use more green cleaning products than before covid.

Other survey findings include:

• 90% said sustainability initiatives have expanded in their facilities;
• 75% said they are doing more to reduce plastic waste;
• 70% are using products with greener chemistry; and
• 69% are using products that can be recycled.

“At the height of the pandemic, staff worked around the clock and there were complaints about product fumes,” recalled Mahecha. “That’s one of the reasons for the increased demand for safe cleaning products.”

At the same time, states and local municipalities are putting green cleaning initiatives in place. Wipes manufacturers are responding to demand by launching bamboo and cotton substrates and eliminating microfibers.

Will buyers pay for green innovations? According to Kline, 32% will pay 1-10% more and 25% are willing to pay 11-20% more. Two of the highest-rated certification programs are the US EPA’s Safer Choice program and Green Seal, she added.

For more on the I&I cleaning industry, click here.

Navigating Labeling Requirements

Understanding label and safety data sheets (SDS) in the consumer product and non-consumer product cleaning industries was the topic of a presentation by Jamie Venable, principal regulatory consultant, Scientific & Regulatory Consultants, Inc. He reviewed some of the relevant statutes and regulations, including hazard labeling, Federal Trade Commission Green Guides and the California Cleaning Products Right-to-Know Act.

When marketers and suppliers try to navigate label complexities, he reminded attendees that the product’s labeled claims and uses, and the intended user, determine how it’s regulated. He urged attendees to become familiar with the regulations and the definitions within them. For example, hazard classes/categories and criteria differ between the FSHA (for hazardous consumer products) and the OSHA HCS (for hazardous non-consumer products).

“Be mindful when creating a product label to avoid unintended label consequences,” he warned. “Each statute and regulation is unique. Definitions, exemptions and/or exclusions are not consistent between them.”

State & Local Regulations

A government relations update was provided by Christopher Finarelli, senior director, state government relations & public policy, HCPA. He noted that the HCPA supports more funding for EPA’s Safer Choice and other government programs, but added that it is unclear if these programs will be supported by the incoming Trump Administration. Funding at the federal level affects state legislation efforts of consumer products.

“What drives state activity?” asked Finarelli. “Lack of federal action, lack of confidence in EPA and federal agencies, an under-resourced EPA. At the same time, states are very responsive to local interests from NGOs and others.”

The result is more legislation. In 2016, no state legislation was introduced with the term “PFAS.” By 2020, there were 137 pieces introduced, and the number climbed to 277 in 2023. PFAS are found in some cleaning products and are critical to floor finish chemistry—there is no widely available alternative chemistry. Yet, there are already bans and restrictions on PFAS in cleaning products in Connecticut, Colorado, Maine, Minnesota and Washington. HCPA is monitoring New Jersey and Finarelli said Vermont 2025 legislation will include cleaning products. Next year, too, California is expected to introduce more restrictions.

Within the air care category, a California bill (AB 2201) would ban several chemicals from air care products. It would apply to “intentionally added ingredients.” For its part, HCPA maintains that there is existing regulatory infrastructure in place to regulate chemicals, bolstered by green chemistry and safer products programs. Like most science-based organizations, HCPA objects to legislators’ hazard approach to rule-making.

California is also a focal point for microplastic bans. Finarelli noted that the industry accounts for just 0.2% of microplastic pollution. In contrast, fertilizers account for 29.1%, and coated seeds and control-release plant products represent 24.9% of microplastics in the environment.

Extended Producer Responsibility has already been codified in California, Colorado, Maine, Minnesota and Oregon. There’s EPR legislation and research underway in 10 other states. For example, New Jersey has EPR legislation up for a vote this month. Meanwhile, California is considering EPR legislation for household hazardous waste. Finarelli pointed out that Vermont enacted HHW legislation in 2023.

Tackling TSCA

Nicholas Georges, SVP-scientific & international affairs, HCPA, updated attendees on the Toxic Substances Control Act (TSCA). After a review of the Act, Georges noted that 34 substances are currently under various stages of evaluation, including methylene chloride and 1,4-dioxane. He warned that more substances will be added.

“The whole chemical approach is likely to be evaluated,” added Georges. “The new Trump Administration is likely to change course on the existing chemical review process.”

The TSCA new chemical review process acts as a gatekeeper before new substances come to market. But the process is not working as quickly as expected. What was supposed to be approved in 180 days is, in some instances, taking years, noted Georges. Some of the challenges include the availability of data and the Agency’s use of conservative data.

“The system is broken. It will take money, time and the efforts of a lot of parties who don’t want to talk to each other,” warned Georges. “In comparison, REACH is problematic, but companies figured out how to work with it. With TSCA, things change so quickly, no one knows what to do.”

For example, PFAS reporting under TSCA has been delayed due to budget constraints. Now, the data submission period opens July 11, 2025. Parties must complete reports by January 11, 2026.

Air Quality Issues

Georges turned his attention to US air quality issues. Regulations are enforced at the state level, such as the California Air Resources Board (CARB), or at the regional level, such as the Northeastern US. HCPA and its members seek regional consistency.

“Nobody enforces these rules like California,” explained Georges. “Enforcement doesn’t happen in other states. The only way regulators find out is if a competitor reports them.”

And CARB’s next rulemaking for consumer products is much more difficult for producers. VOC emissions must be reduced by 20 tons per day statewide by 2037. According to Georges, that’s more than double the reductions achieved in the last rulemaking. CARB hosted a webinar in October regarding its next survey. During the webinar regulators provided rationale for the 37 categories (and more may be added), provided a survey timeline and solicited feedback from stakeholders. The survey was launched on December 3, but HCPA and other associations don’t know when the survey will close. To download the survey, click here.

An Update from Washington (State)

California isn’t the only state worth watching on the West Coast. Kimberly Goetz, legislative coordinator, Washington State Department of Ecology, detailed two new laws impacting the consumer products industry. A post-consumer recycled content requirement covers household cleaners and personal care cleansers but does not include I&I cleaners. Under the new law, household cleaners and personal care product packaging must contain 15% post-consumer resin by Jan. 1, 2025. That percentage climbs to 25% by Jan. 1, 2028, and 50% by Jan. 1, 2031.

These goals can be influenced by a variety of factors, such as supply and demand of post-consumer recycled content (PCRC), the availability of PCRC and the capacity of recycling processing infrastructure. As a result, industry can request temporarily decreased requirements, but Goetz urged the audience to make those requests early and with as much supporting information as possible. Exclusions may be granted for products that cannot comply with Washington’s law without violating a federal regulation.

The other Washington law impacting HCPA members is Safer Products for Washington. It seeks to “equitably reduce exposure to toxic chemicals from consumer products and prevent the release of toxic chemicals into the environment.” It takes a hazard-based approach to rule-making. Goetz argued that such an approach avoids monetary and environmental costs associated with cleanups.

“We base decisions on science and public input. We communicate our approach and process with the public,” she explained. “We prioritize equitable reduction of exposure to toxic chemicals in people, and protection of aquatic and terrestrial systems in Washington.”

What’s next for Washington? Goetz said the state is working with the cosmetics industry to study lead levels.

“We need to document it,” she concluded. More info: SaferProductsWA@ecy.wa.gov