From car emissions to smoking in public to clean air laws, residents of California have been in the vanguard of environmental policy changes, including those covering barbecues. In 1990, according to the Los Angeles Times, Los Angeles County Supervisor Mike Antonovich proclaimed, "Use a barbecue, go to jail." His statement immediately caught the attention of regulatory agencies.
The Clean Air Act
The Clean Air Act Extension of 1970 places regulatory enforcement on the Environmental Protection Agency (EPA), and EPA officials rely on various state agencies to assist them. In California, the South Coast Air Quality Management District (SCAQMD), is charged with enforcing the Clean Air Act as well as many other regulations.
In addition to the SCAQMD, the California Air Resources Board (CARB), reacted to Antonovich's public statement by drafting legislation designed to regulate the sale of charcoal briquettes and starter fluid in the state.
Regulations
SCAQMD regulation 1174, enacted in 1992, two years after Antonovich's comment, placed strictures on manufacturers of charcoal and charcoal starter fluid. These regulations pertain to the volatile organic compounds (VOCs), contained in the charcoal chips as well as the liquid starter fluid. The law states that companies must submit the chemical contents of the product for certification. Any charcoal-related product must be certified that it contains "no more than 0.020 pounds of VOC per start upon ignition."
Types of Charcoal
Three types of charcoal are commercially available:
Untreated: This is charcoal that has not been pre-soaked or sprayed with a starting agent and is not subject to California regulations.
Treated: Charcoal that has been sprayed with some type of igniting fluid and is strictly regulated.
Wax impregnated: Lump charcoal that is impregnated with a vegetable-based wax, containing no VOCs and is therefore not subject to regulation.
Starter Fluid & Labeling
As with charcoal, liquid starter fluid must contain no more than .020 pounds of VOC on ignition. The CARB and SCAQMD regulations not only enforce the VOCs contained in charcoal and the liquid starter fluids, but they also dictate how the packages are labeled. Labels must include instructions for use, a manufacture date code and a state certification number. As with any violation of state clean air regulations, agencies can impose hefty administrative fines.
Federal Law
All of the California regulations are based on Title 40 of the Code of Federal Regulations. State law can never be less restrictive than the federal code.
