State of California  
Air Resources Board  
Public Hearing to Consider the  
Proposed Amendments to the  
Antiperspirant s and Deodorant s Regulation;  
Consumer Products  Regulation;  
Aerosol Coating Products  Regulation;  
Alternative Control Plan Regulation; the  
Tables of Maximum Incremental Reactivity Values ; 
and Test Method 310 
Staff Report: Initial Statement o f Reasons  
Date of Release :  February 2, 2021  
Scheduled for Consideration:  March  25, 2021  
This report has been reviewed by the staff of the California Air Resources Board 
and approved for publication . Approval does not signify that the contents 
necessarily reflect the views and policies of the California Air Resources Board, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.    
  
T
his Page Intentionally Left Blank   Table of Contents  
Staff Report: Initial Statement o f Reasons  ........................... 1
EXECUTIVE  SUMMAR Y ................................................................................... 1  
A. Authority to Regulate Consumer Products  ................................ .................. 1  
B. Basis for the Proposed Amendments  ................................ .......................... 2  
C. Regulatory Development Process  ................................ ............................... 3  
D. Propos ed  Amendments ............................................................................... 3  
E. Environmental Impacts  ................................................................ ................ 7  
F. Environmental Justice  ................................................................ .................. 7  
G. Economic Impacts  ................................................................ ........................ 8  
H. Recommendation  ................................................................ ........................ 9  
I. INTRODUCTION  AND  BACKGROUND  ................................................ 11 
A. Legal Background  ......................................................................................  11 
B. Regulatory History  .....................................................................................  12 
C. Program Intersects  .....................................................................................  16 
D. Summary of Proposed Amendments  .........................................................  17 
II. PROBLEM  THAT  THE  PROPOSAL  IS INTE NDED  TO ADDRESS  ............. 23 
A. State and Federal Ozone Standards  ..........................................................  23 
B. Increasing Consumer Product Emissions ...................................................  28 
C. Unintended Consequences of Fragrance Exemption  ................................  29 
D. Excess Public TAC Exposure  .....................................................................  30 
E. Regulatory Disi nc entive for Use of Compressed Gas Propellant  .............. 31 
III. SUMMARY  OF PROPOSED  AMENDMENTS  ......................................... 33 
A. Manual Aerosol Air Freshener  ...................................................................  33 
B. Hair Care Products  ....................................................................................  40 
C. Personal Fragrance Product  ......................................................................  57 
D. Crawling Bug  I nsecticid es (Aerosol)  .......................................................... 65 
E. Sunsetting the Two Percent Fragrance Exemption ...................................  69 
F. Proposals to Improve Program Transparency, Clarity, and Effectiveness  . 77
IV. PURPOSE  AND  RATIONALE  FOR  EACH  REGULATORY  PROVISION  .... 95 
A. Antiperspirants and Deodorants Regulation  .............................................  96 
B. Consumer Products Regulation  ...............................................................  101  
C. Aerosol Coating Products Regulation  .....................................................  147  
D. Alterna ti ve Control Plan Regulation  ........................................................ 153  
E. Tables of MIR Values  ...............................................................................  172  
F. Method 310 Summary  .............................................................................  174  
V. AIR QUALITY  ..................................................................................... 196  
A. Emissions Inventory Methods ..................................................................  196  
B. Consumer Products Emission Inventory  ..................................................  198  
C. Emission Reductions  ................................................................................  199  
D. Ozone  ......................................................................................................  201  
E. Particulate Matter ....................................................................................  202  
VI. BENEFITS  OF THE  PROPOSED  AMENDMENTS  ................................. 205  
A. Ozone Adversely Impacts Health  ............................................................  205  
B. Indoor Air Qualit y I mprovement .............................................................. 206  
C. Other Benefits of the Regulatory Proposals ............................................  207  V
II. ENVIRONMENTAL  ANALYSIS ........................................................... 209  
A. Introduction  .............................................................................................  209  
B. Prior Environmental Analysis  ...................................................................  209  
C. Proposed Amendments ...........................................................................  211  
D. Analysis ....................................................................................................  215  
VIII. ENVIRONMENTAL  JUSTICE  .............................................................. 220  
IX. ECONOMIC  IMPACT  ASSESSMENT  .................................................. 222  
A. Summary of Economic Impacts  ...............................................................  223  
B. Major Regulations  ....................................................................................  224  
C. Regulatory Alternatives  ...........................................................................  225  
D. Costs of Compliance ................................................................................  225  
E. Impacts on California Businesses, Consumers, and State and Local
A
gencies  .......................................................................................................... 239  
F. Other Possible Economic Impacts of Regulatory Changes .....................  243  
G. Mitigation of Potential Impacts  ...............................................................  243  
X. EVALUATION  OF REGULATORY  ALTERNATIVES .............................. 245  
XI. JUSTIFICATION  FOR  ADOPTION  OF REGULATIONS  DIFFERENT  FROM
FEDERAL  REGULATIONS  CONTAINED  IN THE  CODE  OF FEDERAL
REGULATIONS  ............................................................................................  250  
XII. PUBLIC  PROCESS  FOR  DEVELOPMENT  OF PROPOSED  ACTION  ...... 252  
A. 2013- 201 5 Survey and Emission Inventory Update ................................. 252  
B. Development of Proposed Amendments  ................................................  254  
XIII. REFERENCES  ....................................................................................  253  
XIV. APPENDICES  ....................................................................................  261   
 LIST OF ACRONYMS AND ABBREVIATIONS  
ABS  Acrylonitrile Butadiene Styrene  
ACP  Alternative Control Plan  
AMP   2-Amino -2-methyl -1-propanol  
AMR   Automotive and Maintenance Repair  
AMR ATCM   Airborne Toxics Control Measure for Automotive  
Maintenance and Repair Activities  
APA  Administrative Procedure Act 
APCD   Air Pollution Control District 
AP/DO  Antiperspirant /Deodorant  
AQMD   Air Quality Management District 
ATCM   Air Toxics Control Measure  
CARB   California Air Resources Board  
CA SNAP   California Significant New Alternatives Policy  
CCAA  California Clean Air Act  
CDPH   California Department of Public Health  
CPVC  Chlorinated P olyvinyl Chloride  
DME   Dimethyl Ether 
DPR  Deportment of Pesticide Regulation  
DTSC  Department of Toxic Substances Control  
EDP/ EDC/ EDT  Eau De Parfum/ Eau De Cologne /Eau De Toilette 
EIC  Emission Inventory Code 
FDA  Food and Drug Administration  
FIFRA   Federal Insecticide, Fungicide, and Rodenticide Act  
GHG   Green House Gas  
GWP  Global Warming Potential  
HFC  Hydrofluorocarbon  
HFC-134a   1,1,1,2- Tetrafluoroethane  
HFC-152a   1,1-Difluoroethane  
HFO   Hydrofluoroolefin  
HFO -1233zd   1-Chloro- 3,3,3 -Trifluoropropene  
HFO -1234y  2,3,3,3- Tetrafluoropropene  
HSC  Health and Safety Code 
HVOC  High Volatility Organic Compound  
IPE  Innovative Product Exemption  
LVP-VOC   Low Vapor Pressure Volatile Organic Compound  
MIR  Maximum Incremental Reactivity 
MLD   Monitoring and Laboratory Division  
MMT CO2e   Million Metric Tons of Carbon Dioxide Equivalent s 
MSDS   Material Safety Data Sheet  
MVOC  Medium Volatility Organic Compound  
NAAQS   National Ambient Air Quality Standard  
NAICS   North American Industry Classification System 
NIOSH   National Institute for Occupational Safety and Health  
NOx   Nitrogen Oxides  
OEHHA  Office of Environmental Health Hazard Assessment  
PCBTF   p-Chloro -α,α,α-trifluorotoluene   
 PCO  Pest Control Operator  
PFP  Personal Fragrance Product  
PM  Particulate Matter 
PM 2.5  Particulate Matter of 2.5 microns  
ppm parts per million  
PUC  Public Utilities Code  
PVC  Polyvinyl C hloride  
PWMIR   Product Weighted Maximum Incremental Reactivity  
ROC  Reactive Organic Compounds  
ROG   Reactive Organic Gas  
QA/QC  Quality Assurance and Quality Control  
SDS  Safety Data Sheet  
SIP  State Implementation Plan  
SWRCB   State Water Resources Control Board  
TAC  Toxic Air Contaminant  
TOG   Total Organic Gas  
tpd tons per day  
trans -HFO -1234ze  trans -1,3,3,3- Tetrafluoropropene  
U.S. EPA  United States Environmental Protection Agency 
VMS  Volatile Methyl S iloxanes  
VOC  Volatile  Organic Compound   
ES-1 EXECUTIVE SUMMARY  
In this rulemaking, California Air Resources Board (CARB or Board) staff is 
proposing amendments to the Antiperspirants and Deodorants Regulation, the 
Consumer  Products Regulation, the Aerosol Coating Products Regulatio n, the 
Alternative Control Plan Regulation, the Tables of Maximum Incremental Reactivity 
(MIR) Values, and Test Method 310 (collectively, Proposed Amendments) .  
The 2016 State Strategy for the State Implementation Plan (2016 State SIP 
Strategy) requires CA RB to develop measures to reduce volatile organic 
compounds  (VOC)  emissions from consumer products by 1-2 tons per day (tpd) by 
2023 and by  4-5 tpd by 2031 in the South Coast Air Basin (South Coast), and by   
8-10 tpd by 2031 Statewide. The Proposed Amendme nts would fulfill these 
emission reduction commitments  as needed to help  California attain federal ozone 
standards . 
The Proposed Amendments would set or lower VOC standards for “Manual 
Aerosol Air Freshener,” four categories of hair care products (“Hair Fi nishing 
Spray,” “Dry Shampoo,” “Hair Shine ,” and “Temporary Hair Color”), “Personal 
Fragrance Product, ” and aerosol “Crawling Bug Insecticide.”  In these same 
categories , staff is also proposing to prohibit the use of several chlorinated toxic air 
contamin ants (TAC) and the  use of compounds with a global warming potential 
(GWP) over 150.  
The Proposed Amendments would also sunset a longstanding exemption for 
fragrance ingredients ( the Two Percent Fragrance Exemption ) for most consumer 
product categories .  Additionally, t he Proposed Amendments  would encourage the  
development and sale of products using zero -emission compressed gas 
propellants, reduce excess VOC and TAC emissions from the  sale of “Energized 
Electrical Cleaner” to  automotive maintenance and repai r facilitie s, and update 
other regulatory provisions to improve program transparency and effectiveness.  
This Executive Summary, together with the Staff Report, is the Initial Statement of  
Reasons for this p roposed rulemaking , required by the California Adm inistrative 
Procedure  Act. Appendix A contains the regulations, Tables of MIR Values, and  
Method 310. The proposed changes in Appendix A are shown in underline and 
strikeout  format.  
A. Authority to Regula te Consumer Products  
Consumer products are defined as c hemically formulated products used by 
household and institutional consumers. Examples include antiperspirants and 
deodorants, detergents, cleaning products, floor finishes, personal care products, 
lawn and garden products, adhesives, air fresheners, disinf ectants, automotive 
maintenance products, paint thinners, insecticides, and aerosol coatings.  
The Health and Safety Code (HSC) sections 41712 and 38500 et seq. give CARB  
authority to regulate consumer products to control VOC emissions , primarily as a 
groun d-level ozone control strategy.   
ES-2 B. Basis for the Proposed Amendments  
Most California residents continue to be exposed to pollutant concentrations that 
exceed health- based standards for ozone . Because VOCs are precursors to the 
formation of ground -level ozone,  VOC emission reductions are necessary to 
expedite attainment of  ambient air quality standards  in California . 
For more than thirty years, the Board has taken actions pertaining to the regulation of consumer products . Three regulations have set VOC limits for 129 consumer 
product categories . These three regulations have reduced VOC emissions by about 
50 percent between 1990 and 2020 relative to uncontrolled levels .  
Despite these existing regulations, consumer product emissions have increased over the past s everal years as California’s population and associated consumer 
product usage  continue  to grow  (see Figure ES- 1, below) . Without further action, 
consumer product reactive organic gas ( ROG ) emissions, which reflect VOC plus 
(less volatile) low vapor pressur e VOC, will grow to over  300 tpd statewide  by 
2040 , representing about 22 percent of statewide emissions. The categories for 
which more stringent standards are proposed in this rulemaking are responsible for about 34.5 tpd of ROG in 2020, of which 31.5 tpd  is VOC.  
Figure ES- 1:
 
California ROG  Emissions by Sector  (2000 – 2040)  
 
Source: CEPAM 2019SIP v1.02 (Summer Planning Inventory ) (CEPAM, 2020 ) 
CARB consumer p roduct emission estimates are based upon mandatory CARB  
ES-3 surveys  of consumer products sold in Cali fornia in the 2013, 2014, and 2015 
calendar year. These surveys generated comprehen sive Califo rnia sales and 
product ingredient information for over 400 categories of consumer products . In 
total, more than 1,500 product manufacturers and formulators participated in these 
surveys, providing CARB with product sales and chemical formulation for over one million products sold in California over this three- year period . Between June 2018 
and April 2019, CARB staff published and solicited stakeholder feedback rega rding 
these draft survey data summaries . While CARB staff characterized the emissions, 
reactivity, and ozone -forming potential of consumer product categories for all three 
years, the 2015 calendar year survey data (2015 Consumer Products Survey) 
provides the technical foundation for the Proposed Amendments.  
2015 Consumer Product s Survey data provided staff with detailed information 
regarding the formulations of consumer product categories proposed for 
regulation . These surveys were unprecedented in their sc ope, extent of data 
review, and opportunities for stakeholder feedback . Staff is confident that the 2015 
Consumer Products Survey data adequate ly represent s technologies available in 
the marketplace  for the categories proposed for regulation , and that the data are 
adequate to support th is proposal.  
C. Regulatory Development Process  
The public process to develop the Proposed Amendments began in June 2018 with the release of the  initial draft consumer product survey data summaries for 
stakeholder review . Updated survey data summaries and other technical 
information was shared with stakeholders between June 2018 and publication of the updated final 2015 Consumer Product s Survey data summaries on December 
12, 2019.
1 
St
aff also held five public workshops in support of the P roposed Amendments, on 
April 12, 2019, November 7, 2019, April 14, 2020, July 28, 2020, and 
November 10, 2020. The first two workshops were held in person, by 
teleconference, and by webinar, while the second three workshops were held by 
teleconfere nce and webinar only . CARB staff also held 2 2 topic -specific public work 
group meetings to elicit public feedback in identifying and refining our regulatory proposals.  
In addition to these public meetings, staff held numerous discussions with individual st akeholders and associations representing manufacturers and 
distributors of consumer products and fragrances, non- governmental organizations, 
and other interested parties.  
D. Propos ed Amendments 
1. Proposed VOC Standards  
                                                      
1 Updated 2015 Consumer Product s Survey data was published in December 2019 to 
reflect more refined assessment of fragrance ingredient VOC content. (CARB, 2019)   
ES-4 All of the proposed VOC reduction strategies and associated VOC reductions are 
summarized in Table ES-1 . Over half of the reductions achieved by  2023 accrue 
from the "Hair Finishing Spray " and "Dry Shampoo" categories , while over half of 
2031 reductions 2031 derive from the " Personal Fragrance Pro duct" category.  
Table ES- 1: Proposed VOC Emission Reduction Measures  
Category  Existing 
VOC  Proposed 
Tier 1  2023 VOC  Reductions Proposed 
Tier 2  2031 VOC  Reductions  
Category  Standard  Standard  Statewide  South 
Coast  Standard1 Statewide  South 
Coast  
Manual Aerosol Air 
Freshener2 20%/30%  10% 1.07 0.45 5% 1.73 0.72 
Hair Care Products:  
- Finishing Spray  
- Dry Shampoo  
- Hair Shine  
- Temp. Hair Color   
55% 
81%3 
55% 
55%  
50% 
55% 
NA 
NA  
0.94 
0.58 
-- 
--  
0.39 
0.24 
-- 
-- 50%  
1.11 
0.78 
>0.01  
0.02  
0.45 
0.32 
>0.01  
0.01 
Personal Fragrance 
Product4 75% 70% 0.41 0.17 50% 5.05 2.07 
Aerosol Crawling 
Bug Insecticide  15% NA -- -- 8% 0.81 0.34 
2% Fragrance 
Exemption  NA NA NA NA Sunset  0.30 0.12 
Total   Total  3.00 1.25 Total  9.80 4.03 
1 – Proposed Tier 2 standards apply b etween 2027 and 2031, depending upon the category.  
2 – " M anual Aerosol Air Freshener " subcategories of "Concentrated Aerosol Air Freshener " and "Total 
Release Aerosol Air Freshener " subject to alternate standards described in Chapter III.  
3 –  Re
fers to "Dr y Shampoo" sales -weighted VOC content, based upon 2015 Consumer Products Survey 
data. “Dry Shampoo” is not currently subject to a VOC content standard .  
4 – A pplicable proposed Tier 1 standard fragrance threshold is less than or equal to seven percent 
fragrance; applicable proposed Tier 2 standard fragrance threshold is less than or equal to 10 percent.  
 
Staff’s proposals for more stringent VOC standards, identified In Table ES-1, are 
summarized below.  
Manual Aerosol Air Freshener:  To achieve VOC reductions from manually- operated 
aerosol air fresheners, staff proposes to replace the regulated categories of 
“Single- Phase Aerosol Air Freshener” and “Double- Phase Aerosol Air Freshener” 
with “Manual Aerosol Air Freshener” and “Automatic Aerosol Air Freshener” 
categories . The “Automatic Aerosol Air Fresher” category, for which lower VOC 
standards were determined to be infeasible, would retain the existing 30 percent VOC standard, while the larger “Manual Aerosol Air Freshener” category would be 
subject to a 10 percent and then five  percent VOC standard on January 1, 2023, 
and January 1, 2027, respectively . The n iche subcategories of “Total Release 
Aerosol Air Freshener” and “Concentrated Aerosol Air Freshener,” for which a five 
percent limit was determined to be in feasible, would be subject to more 
incremental standards.  
Hair Care Products:   Staff proposes VOC standards for the following existing hair 
care categories, as follows:   
ES-5 
 “Dry Shampoo”:   Adopt 55 percent and 50 percent VOC standards applicable 
on January 1, 2023, and January 1, 2029, respectively.  
  “Hair Finishing Spray”:  Reduce the applicable VOC standard from  
55 percent to 50 percent on January 1, 2023.  
 ”Hair Shine" and "Temporary Hair Color”:   Reduce the applicable VOC 
standards for both categories from 55 percent to 50 percent on   
January 1, 2029.  
The proposed lower VOC standards for ”Hair Shine” and ”Temporary Hair Color” 
are designed to align  with the VOC standards for “Hair Finishing Spray” and “Dry 
Shampoo.”  If "Hair Shine" and "Temporary Hair Color"  were subject to less 
stringent VOC standards than "Hair Finishing Spray" and "Dry Shampoo," some 
manufactures would likely modify their product labels to meet the regulatory definition of “Hair Shine” or “Temporary Hair Color” rather than reformulate, defeating the objectives of the Proposed Amendments.  
Personal Fragrance Product (PFP):  The Proposed Amendments would reduce the 
applicable VOC standard for aerosol PFP and for PFP with less than or equal to seven percent fragrance from 75 to 70 percent on Ja nuary 1, 2023 . The applicable 
threshold for product fragrance content would increase to 10 percent, with a VOC 
standard of 50 percent by 2031 . Staff is proposing that a technical assessment of 
the proposed 50 percent VOC standard be conducted by 2027 to evaluate the 
continued technical feasibility of the proposed 50 percent VOC standard across the diversity of “ Personal Fragrance Product ” types . Finally, the VOC standard for the 
less than one percent of products with a VOC content above 20 percent would 
increase from 65 to 75 percent, to streamline and simplify program implementation 
by maintaining a single fragrance threshold for the overall PFP category.  
Crawling Bug Insecticide (aerosol):  Staff proposes to lower the applicable VOC 
standard from 15 percent  to eight  percent as of January 1, 2030. A “Bed Bug 
Insecticide” category would be created and excluded from the “Crawling Bug Insecticide” category, and would retain a 15 percent VOC standard due to 
potential technical feasibility challenges . The proposed  aerosol "Crawling Bug 
Insecticide"  standard  would  become  applicable on January 1, 2030 to allow 
adequate time for product development , test ing, and a pproval by the United 
States Environmental Protection Agency (U .S. EPA), which includes demonstration 
of product safety and efficacy on the specifi ed crawling bug type. 
2. Sunset of the Two Percent Fragrance Exemption 
Staff proposes to sunset the Two Percent Fragrance Exemption in 2031 for most product categories  in Article 2 . This exemption, originally adopted in 1991, allows 
up to two percent of fragrance ingredients in a product to be exempt from the product’s applicable VOC standard.  
Nonaerosol general purpose cleaners and degreasers, all air freshener products, sanitizers, and disinfectants would retain a 0.25 percent fragrance exemption as of 
January 1, 2031. Beginning in 2023, monoterpene ingredients up to 0.25 percent  
ES-6 of a product weight  in nonaerosol general purpose cleaners and degreasers would 
be eligible to be exempt from these categories’ VOC standard.  
This proposal would help meet several programmatic goals  by encourag ing 
transparency in fragrance ingredient usage,  helping clarify program 
implementation , and  simplif ying program implementation , while addressing 
stakeholder concerns regarding e xemption  (and potential encouragement ) of an 
ingredient which can negatively impact sensitive populations . Staff evaluation of its 
2015 Consumer Products Survey data, and discussions with product manufacturers 
indicate that staff’s proposal, as described above, is t echnically feasible.  
3. Other Proposals to Improve Program Effectiveness  
Staff worked closely with public  stakeholders during the regulatory development 
process to identify proposed amendments to improve effectiveness . These 
proposals, highlighted in Table ES- 2 and described in more detail in Chapters III 
and IV, would help to  ensure the regulation’s intended a ir quality and public health 
benefits continue to be achieved, encourage manufacturer innovation to develop lower -emission products, and reflect lessons learned since the last significant 
regulatory amendments in 2013.  
Table ES- 2: Summary of Proposed Amendments to Improve Program 
Effectiveness  
Proposal  Summary  
Compressed Gas 
Propellant Flexibility  Encourage development and sale of products using compress ed gas 
propellant to replace 1,1-Difluoroethane  (HFC-152a ), which is a 
greenhouse gas, while also ensuring no increase in product ozone -
forming potential .  
“Energized Electrical Cleaner” Definition  Update the definition of “Energized Electrical Cleaner” t o exclude 
products  sold to automotive maintenance and repair facilities, and 
require automotive part and accessory stores maintain records of “Energized Electrical Cleaner” product sales for five years. Intended to address “off -label” product usage responsible for the majority of 
consumer product perchloroethylene and trichloroethylene emissions.  
“Multi -Purpose 
Solvent” Definition  Provide narrow exemption to ensure denatured alcohol products 
needed to maintain certain public utility electrical equipment ar e not 
subject to “Multi -purpose Solvent” VOC standard. Negligible emission 
impact anticipated due to very low usage.  
“Plastic Pipe Adhesive” Definition and VOC Standard Create a new special purpose aerosol adhesive category and 60 percent 
VOC standard for  products that bond certain types of plastic pipe, to 
address infeasibility in meeting existing 30 percent “Mist Spray Adhesive” VOC standard. Negligible emission impact anticipated due 
to very low sales.  
Toxics and Green House Gas ( GHG ) 
Prohibitions  Proh ibits perchloroethylene , trichloroethylene, methylene chloride, p-
chloro -α, α, α-trifluorotoluene (PCBTF), and chemical compounds with a GWP 
of greater than 150 in the seven categories proposed for lower VOC 
standards.  
Alternative Control 
Plan (ACP) and Innovative Product 
Exemption (IPE) Update ACP eligibility criteria to require products be a de minimis level 
below the applicable standard to generate ACP credit . Update IPE 
eligibility criteria to exclude products that demonstrate lower  VOC via 
product combustion.   
ES-7 Proposal  Summary  
Eligibility Criteria  
Table of MIR Values Update the Table of MIR values used to implement  the Aerosol Coating 
Products Regulation to add three substances with low reactivity . 
Addition of these MIR values may encourage development of less 
reactive aerosol coatings and multi -purpose lubricants .  
Method 310 
Updates  Corrections for clarity and consistency, to amend several reference test 
methods, and to revise equations to better reflect how CARB calculates 
VOC and reactive organic compound content.  
E. Environmental Impacts 
Based upon staff’s analysis, we have determined that implementing the Proposed 
Amendments will have an overall beneficial impact on the environment because 
VOC emissions from consumer products will be reduced, helping to expedite 
attainment of federal ozone standards in the South Coast and other California non-
attainment areas . A co- benefit of staff’s proposal is the  significant reduc tion in 
consumer product TAC emissions by amend ing the products  in the “Energized 
Electrical Cleaner” c ategory to exclude those sold to  automotive maintenance and 
repair facilitie s. 
Staff’s analysis indicates that the Proposed Amendments could also result in a 
0.039 MMTCO 2e annual increase in greenhouse gas emissions in 2031 in California , 
or 0.320 MMTCO2e if we assume CARB -compliant products will be sold  nationally 
(as is typical practice) . This finding is based upon staff’s belief that manufacturers 
may opt to use HFC -152a propell ant, with a global warming potential of 124, as a 
substitute for hydrocarbon propellants in the “Hair Finishing Spray,” “Dry 
Shampoo,” and “Personal Fragrance Product” categories . However, staff’s 
proposed Innovative Product Exemption provisions to encourage compressed gas propellant in stead  of HFC -152a in these three categories co uld ultimately result in 
GHG reductions that far exceed this potential GHG increase . In addition , the 2016 
State SIP Strategy, which includes these Proposed Amendments, still provides an overall GHG benefit, as explained further in the environmental analysis in Chapter 
VII of this ISOR, with 0.320 MMTCO2e representing 1.6 percent  of the 20 
MMTCO
2e GHG reductions achieved by the 2016 State SIP Strategy. The 2016 
State SIP Strategy GHG benefits are quantified in the Final Environmental Analysis 
for the Revise d Proposed 2016 State Strategy for the State Implementation Plan 
(CARB,  2017b ) (Final EA ). Thus,  CARB  has determin ed that no additional 
environmental analysis is required for the Proposed Amendments. 
As previously mentioned, these P roposed Amendments conta in regulatory 
flexibility provisions designed to encourage development and deployment of 
innovative zero -emission compressed gas propellant as a substitute for  HFC-152a . 
Demonstrating  the feasibility of compressed gas propellants in categories that 
currently utilize HFC -152a could facilitate future prohibition of this propellant, and 
enable consumer products to help California meet its carbon neutrality mandate by 2045 (California Executive Order B -55-18, 2018) .
 
F. Environmental Justice   
ES-8 Staff has determined that the amendments proposed in this rulemaking are 
consistent with CARB’s environmental justice policies. The Proposed Amendments 
would achieve about 1.25  tpd VOC reductions by 2023 and 4.0 3 tpd reductions by 
2031 in the South Coast . The primary purpose of proposed new or lower VOC 
standards is to achieve timely attainment of health -based ozone standards in the 
South Coast . The South Coast is home to 67 percent of California’s 2,007 census 
tracts identified as disadvantaged communities  under  California Senat e Bill 535 .2  
Use of certain TACs and compounds with high GWP would also be prohibited in 
the seven categories subject to lower VOC standards, which would protect health 
in these disadvantaged communities.  
Many of the proposals are also designed to improve  compliance with the consumer 
products program as a whole, to ensure that the VOC reductions and associated 
health benefits are actually achieved . One of these proposals would  exclude from 
the definition of " Energized Electrical Cleaner " products sold to  automotive 
maintenance and repair establishments.  As described in Chapter III, this proposed 
measure would reduce emissions of perchloroethylene and trichloroethylene by 8.9 
to 39.4 tons per year, with these reductions anticipated to occur at automotive 
maintenance and repair facilities. These emission reductions could result in reduced 
health risk from air toxics inhalation, particularly among those repairing or 
maintaining automobiles.  
Perchloroethylene also has the potential to seep into groundwater and impact 
drinking water safety . An evaluation of California census tracts with 
perchloroethylene and trichloroethylene maximum contaminant levels (MCL) that 
exceed National Primary Drinking Water Regulations standards indicate that water concentrations of th ese two contaminants exceeding MCLs disproportionately 
occur in disadvantaged communities . As unintended sales and use of 
perchloroethylene and trichloroethylene declines  due to the Proposed 
Amendments, staff anticipates that runoff from automobile mainten ance and repair 
activities could also decline .  
G. Economic Impacts  
The economic impacts of the Proposed Amendments are summarized here . Our 
complete analysis of these impacts is contained in Chapter IX and Appendices D 
and E of this Staff Report.  
1. Overall Cos t 
Staff has determined that the overall cost to comply with the Proposed 
Amendments is about $18 million per year for fifteen years, or about $ 268 million 
total.  
                                                      
2Disadvantaged communities are defined as the top 25 percent scoring areas (census tracts)  from 
CalEnviroScreen 3.0, along with other areas with high amounts of pollution and low populations . 
More than half of all identified SB 535 disadvantaged community census tracts in the state are in Los 
Angeles County, with all four counties that comprise South Coast (Los Angeles, Orange, Riverside 
and San Bernardino) representing over 68 percent of California’s disadvantaged communities. (CalEnviroScreen 3.0, 2018).   
ES-9 2. Cost Effectiveness  
Staff also determined the “dollars spent per pound of VOC reduced,” or cost  
effectiveness (CE) of the Proposed Amendments. The CE of the P roposed 
Amendments has been calculated to be $8,588 per ton of VOC reduced.  
3. Impacts on California Businesses  
Because our profitability analysis found that the Proposed Amendments would not 
significantly alter the average profitability of affected businesses, we do not expect 
a noticeable change in employment; business creation; elimination or expansion; 
and business competitiveness in California . We believe that affected businesses will 
pass on at least a portion of the compliance cost to consumers to maintain 
profitability . However, the proposed measures may impose economic hardship on 
some businesses with very little or no margin of profitability.  
4. Cost to Consumers  
As a result of this proposal,  some products  may cost more while others may cost 
less, depending upon the extent to which manufacturers pass along compliance costs . The Proposed Amendments’ potential product cost impact ranges from up 
to a $0.23 cost per unit increase for “Dry Shampoo – Tier 1,” to up to a $0.02 cost 
per unit savings for aerosol “Crawling Bug Insecticide” and “Manual Aerosol Air 
Freshener – Tier 1.”   Overall, the sales- weighted average additional consumer cost 
for the seven categories proposed for more stringent VOC st andards would be up 
to one cent  per unit .  Additional information regarding potential product cost 
changes for each of these individual categories can be found in Chapter IX.  
The Proposed Amendments could also adversely affect consumers if the y result in 
reduced performance of the products; however, this is unlikely to occur because 
there are already products on the market that meet proposed standards, businesses are unlikely to introduce new products that might harm brand loyalty, 
and the Board has provide d flexibility in the existing regulation for businesses 
whose situation warrants an extension to their compliance dates.  
5. Fiscal Impacts  
Staff has determined that the P roposed A mendments will not create costs or 
savings, as defined in Government Code sectio n 11346.5(a)(6), to any State agency 
or in federal funding to the State, costs or mandate to any local agency or school 
district whether or not reimbursable by the State pursuant to Part 7 (commencing 
with section 17500), Division 4, title 2 of the Governm ent Code, or other non-
discretion ary savings to local agencies.  
H. Recommendation  
Staff recommends that the Board adopt these Proposed Amendments to the 
Antiperspirants and Deodorants Regulation, the Consumer Products Regulation, the Aerosol Coating Products Regulation, the Alternative Control Plan Regulation 
for Consumer Products and Aerosol Coating Products, Tables of Maximum  
ES-10 Incremental Reactivity Values, and Test Method 310.   
I-11 I. Introduction and Background  
In this rulemaking, California Air Resources Board (C ARB or Board) staff is 
proposing amendments to the Antiperspirants  and Deodorant s, Consumer 
Products , Alternative Control Plan for Consumer Products , Aerosol Coatings 
Regulations, Tables of Maximum Incremental Reactivity Values , and Test  
Method  310. 
Consum er products contain VOC that are released into the ai r when the products  
are used . VOCs are precursors to the formation of ground -level ozone and 
secondary particulate matter, which negatively affect public health and air quality. 
The Proposed A mendments a re designed to reduce the emiss ion of VOC s from the 
use of consumer products, and thus improve  air quality  and public health in 
California . As a bypr oduct, the Proposed Amendments would also reduce TACs , 
further improving air quality and public health i n the State.  
To achieve these goals, t he Propos ed Amendments lower VOC standards  for 
existing categori es of consumer products , and add VOC standards  for some new 
categories of products , and clarify a number of definitions. The Proposed 
Amendments also  add th ree additional compounds to the Tables of Maximum 
Incremental Reactivity Values to allow their use in categories subject to  reactivity 
standards , and  update Test Method 310 . 
A. Legal Background  
To date, the Board has taken numerous actions to fulfill its  legislative mandate s 
pertaining to the regulation of consumer products. The rest of this section provides 
an overview of CARB’s authority to regulate consumer products, a synopsis of the 
relevant regulations CARB has  adopted to date, and a  summary of the CARB 
consumer products program.  
1. State Authorizing  Legislation  
As part of the State’s effort to reduce air pollut ion, in 1988, the Legislature added 
Health and Safety Code section 41712, which requires CARB to adopt regulations 
to achieve the maximum feasible r eduction in volatile organic compound  emissions 
from consumer products  by the earliest practicable date . Consumer products are 
defined as chemically formulated products used by household and institutional 
consumers (Health &  Saf. Code, § 41712, subd. (a)(1 ).)  Examples include 
antiperspirants and deodorants, detergents, cleaning products, floor finishes, personal care products, lawn and garden products, adhesives, air fresheners, disinfectants, automotive maintenance products, paint thinners, insecticides, and aerosol coatings.  
Prior to adopting regulations  under section 41712, the Board must determine that 
adequate data exist to establish that the regulations are necessary to attain State and federal ambient air quality standards , and  commercial and technol ogical  
I-12 feasibility of the regulations must also be demonstrated . The regulations adopted 
must not eliminate any product form, and recommendations from health 
professionals must be considered when developing VOC control measures for 
health benefit products.  
CARB is also authorized to address TACs and GHG emissions from consumer 
products  (HSC sections 38500 et seq.  and HSC sections 39650 et seq., 
respectively), as  needed to meet California’s air quality mandates, including the 
protection  of public health . 
2. Existing Consumer Products Regulations  
CARB currently has three regulations that set VOC standards  or Product Weighted 
Maximum Incremental Reactivity ( PWMIR ) limits for nearly 150 consumer product 
categories , and a voluntary regulation —the Alternative Contro l Plan —that provide s 
compliance flexibility to companies . These regulations r esulted  in the reduction of  
VOC emissions by about 50 percent compared to 1990 levels. By 20 30, existing 
prohibitions on the use of ingredients with higher global warming potentia l values 
will provide reductions of approximately 0. 24 million metric tons of carbon dioxide 
equivalents (MMT CO2e) per year  in California , or approximately 2 MMT CO2e if 
compliant products are sold nationally. These adopted regulations have also 
reduced public exposure to TACs  by prohibiting the use of certain chlorinated 
compounds in 83 categories and  have reduced total TAC by over 13 tons per day.  
The four consumer product regulations are codified in California Code of 
Regulations, title 17, sections 94500 to 945 55 as follows:  
• Antiperspirants and Deodorants (sections 94500- 94506.5);  
• Consumer Products (sections 94507- 94517);  
• Aerosol Coating Products (sections 94520- 94528); and  
• Alternative Control Plan (sections 94540- 94555 ). 
Tables of MIR Values implement the Aerosol Coating Products Regulation and the 
Alternate Compliance Option for Multi -purpose Lubricant products . These values 
are codified in sections 94700 and 94701 . (All future references to particular 
sections are to those in California Code of Regulations, title 17, unless otherwise noted.)  
CARB Test Method 310 “Determination of Volatile Organic Compounds (VOC) in 
Consumer Products and Reactive Organic Compounds ( ROC) in Aerosol Coating 
Products ” sets forth a process to determine compliance with various regulatory 
provisions  and is incorporated by reference in sections 94506, 94515, and 94526.  
B. Regulatory History  
California has adopted  many necessary  VOC standards  for over 100  different  
consumer product categories to date, and  13 states , the Distri ct of Columbia , and 
the U.S. EPA subsequently adopt ed some of CARB’s VOC standards  for certain  
I-13 categories . This section reviews the history of CARB’s adoption of consumer 
products regulations.  
 Antiperspirants and Deodorants Regulation  
CARB r egulation of consumer products began in 1989, with t he Board’s adoption 
of the Antiperspirants and Deodorants Regulation. The Board established 
standards in this regulation based on the vapor pressure of VOCs. The 
Antiperspirants and Deodorants Regulation has been amend ed several times ; the 
most recent amendments became effective on January 1, 2015. Antiperspirants 
and deodorants are regulated using mass- based standards.  
 Consumer  Products Regulation  
The general  Consum er Products Regulation was adopt ed in 1990 , and has been 
amended numerous times since then, most recently in 2018. To date, VOC 
standards  are in place for 145 product categories  under this regulation. The 
Consumer Products Regulation primarily regulated consumer products  using mass-
based VOC content standar ds. However, in 2018, CARB added  an alternate 
compliance option for Multi -purpose Lubricant products that allows compliance to 
be determined based on a reactivity standard.  
The Consumer Products Regulation also includes a flexibility provision whereby 
CARB  may exempt “innovative products ” from the VOC standards  in section 
94509(a) if the  manufacturer demonstrates by clea r and convincing evidence that, 
due to some characteristics of the product formulation, design, delivery systems , or 
other factors, the use  of the product will result in fewer  VOC emissions compared 
to representative complying products.  
The Consumer Products Regulation also includes provisions for exempt VOCs, low  
vapor pressure VOCs ( LVP-VOCs ), and f ragrance , which  exclude certain ingredient s 
from being counted toward a product’s total VOC content . These provisions are 
summarized  below.  
a. Exempt VOCs  
Exempt VOCs have been determined to have negligible photochemical reactivity. 
Therefore, exempt compounds are specifically excluded from the definition of VOC 
in section 94508(a ), and are not included in the VOC calculation when assessing 
compliance of a product with  its VOC standard . Note, for emission inventory 
purposes, exempt VOCs are considered total organic gas (TOG ), but not ROG . 
b. LVP-VOCs  
The VOC limits in the Consumer Product s Regulation do not apply to LVP -VOCs . 
LVP-VOCs volatilize more slowly than VOCs at typical ambient conditions , and are 
therefore less likely to  participate in photochemical reactions to form ozone . The 
extent to which a LVP-VOC will contribute to ozone formation  is dependent on a 
number of factors, including the likelihood that the LVP -VOC will  go down  the  
I-14 drain or combust, rather than evaporate , which depends on the type of product in 
which the LVP -VOC is used . Notwiths tanding  the above, being constituents of both 
ROG and TOG, LVP -VOCs are included in the consumer products ROG and TOG  
emission inventor ies. 
c. Fragrance  
For most product categories,  fragrances up to a combined level of two percent by 
weight contained in any consumer product  are currently not included in the 
calculation of the VOC c ontent of a product . This exemption is referred to as the 
Two Percent Fragrance Exemption . Additionally, the existing Consumer Products 
Regulation provides an exemption for air fresheners that are comprised entirely of 
fragrance and non- VOCs , and  for fragrances that are used in “Personal Fragrance 
Product. ” 
d. Greenhouse Gases  
Since 2010, CARB has prohibited the use of compounds, primarily 
hydrofluorocarbons (HFC), with GWP values greate r than 150 in consumer 
products . Currently, CARB prohibits  the use of constituents with GWP values 
greater than 150  in 19 product categories . Based on 2015 Consumer Product s 
Survey  data, HFC-152a , with a GWP of 124, is the primary HFC compound currently 
being utilized in consumer products . However, 1,1,1,2- Tetrafluoroethane ( HFC-
134a ) propellant  (with a GWP  of 1,430) is still used in some product categories due 
to infeasibility of lower GWP alternative s. 
e. Toxics  
CARB identifies and monitors the use of TACs in consumer products , is committed 
to reducing public exposure to toxic compounds used in consumer products, and is 
required to identify and control TA Cs under Health and Safety Code sections 
39650 et seq . HSC section 39655 defines a TAC as “…an air pollut ant which may 
pose a hazard to human health.”  Moreover, in accordance with section 39666, for 
TACs for which no safe exposure threshold has been established, CARB is required to “…reduce emissions to the lowest level achievable through application of best  
available control technology o r a more effective control method. ”  Thus, CARB 
evaluates and addresses potential impacts to health from TACs in its regulatory proposals.  
Several chemicals used in consumer products are known to have serious public health im pacts, or otherwise adversely impact the environment. To that end, CARB 
has prohibited the use of the  three chlorinated solvent  TACs : perchloroethylene, 
methylene chloride, and trichloroethylene in numerous product categories , 
because these compounds are potential carcinogens with no safe exposure threshold . CARB  first prohibited  these chlorinated solvent TACs in CARB’s 2000 
Airborne Toxics Control Measure (ATCM) for Emissions of Chlorinated Toxic Air Contaminants from Automotive Maintenance and Repair Acti vities , which  
prohibited use of these chlorinated solvents from “ Brake Cleaners, ” “Carburetor or 
Fuel Injection Air Intake Cleaners, ” “Engine Degreasers, ” and “General Purpose  
I-15 Degreasers ,” all of which are intended for use in automotive maintenance or repa ir 
activities . CARB also prohibit ed the use of the potential human carcinogen para -
dichlorobenzene, which had been used in air fresheners and in toilet/urinal 
deodorant blocks.  
 Aerosol Coating Products Regulation  
CARB adopted t he Aerosol  Coating Products Regulation in 1995 , and amended it 
several times  since then. In 1995, CARB adopted  mass -based VOC standard s for six 
“General Coating” categories and 29 “Specialty Coating” categories, the 
commercial and technological feasibility of which CARB addressed in  1998 
Amendments. In 2000, the regulation was amended to establish r eactivity limits 
based on the MIR scale. The reactivity limits for the general categories became 
effective June 1, 2002, and the limits for the specialty categories became effective 
January 1, 2003. Minor amendments in 2004 and 2006 clarified exemptions and 
test methods, respectively, in the regulation. The Aerosol Coating  Products  
Regulation was last amended in 2013; t hese  amendments set new or lower  
reactivity limits for 16  aerosol coating  product categories.  
 Tables of MIR Values   
CARB first adopted Tables  o f MIR Values in 2000, along with amendments to the 
Aerosol Coating Products Regulation . The Tables  of MIR Values are used to 
determine the reactivity content of aerosol coatings , and for  the alternate 
compliance option for Multi -purpose Lubricant products . Amendments to these 
tables were adopted in 2004 and 2010 to reflect updated science.  
 Alternative Control Plan Regulation  
An Alternative Control Plan  o ffers product manufacturers  an alter native to comply 
with the  VOC standards  in the T able of Stan dards in section  94509( a) of the 
Consumer Products  Regulat ion. Secti on 94542(a)( 6) of the ACP Regulat ion 
defines an ACP as “a ny emissions  averaging  progr am approv ed by the Executive 
Officer pu rsuant to the provisions of this article” . Additiona lly, section 94542(a)(1) 
defines ACP emiss ions as, “the sum o f VOC emissions  from every AC P product  
subject to an Exec utive Or der approving  an ACP , during the complia nce pe riod 
specified in t he Executive Order.” 
Under existing regulat ions, the manufacturer  of two nonc omplying pr oducts  would 
have to reformulate b oth products to comply with  each  individual VOC sta ndard. 
However, under the ACP Regulation , the ma nufac turer can retain th e current 
formulation  of the fir st product and re formula te the second pr oduct  below its VOC 
standard. An ACP allows manufacturers to average the emissions from ACP 
products above and below the applicable VOC standards , as long as the overall 
emissions of its ACP products are less than or equal to the emissions that would 
have occurred had all the ACP products complied with the VOC standards . To take 
advantage of the ACP Regulation, m anufacturers  must submit an application to 
CARB  that includes the VOC content of the products the manu factu rer proposes to 
include in its  plan, a method of verifying the sales of each product in the plan, and 
other information necessary to track overall emissions.   
I-16 
 CARB Test Method 310  
CARB adopted “CARB Test Method 310: Determination of Volatile Organic 
Co
mpounds in Consumer Products and Reactive Organic Compounds in Aerosol 
Coating Products ” (Method 310 ) in 1997. Method 310 sets forth the analytical 
procedures and applicable test methods to analyze consumer products for compliance with  the Antiperspirants and Deodorants, Consumer Products, and 
Aerosol Coating Products Regulations . Method 310 has been amended several 
times  since 1997 . 
C. Program Intersects  
The consumer products program intersects with other CARB programs, as well as 
with State and federal regul atory programs . The following  programs intersect with 
CARB’s consumer products program: 
• Other CARB  Programs  – GHG programs  to implement the CARB HFC 
regulation and California Cooling Act (Senate Bill 1013)  that prohibit use of high 
global warming potential  propellants i n most consumer product categories  
(FINAL Regulation  Order -CaSNAP, 2019; Senate Bill 1013, 2018)  and Air Toxic 
Control Measures, such as the ATCM for Emissions of Chlorinated Toxic Air Contaminants from Automotive Maintenance and Repair Activities; (CARB, 
2000b)  
• Local California Air Pollution Control Districts (APCD) and Air Quality 
Management Districts (AQMD) (districts)  – District rules and facility use permits 
limit how consumer products can be used at permitted facilities. 
• California Depa rtment of Toxic Substances Control (DTSC)  – DTSC’s Safer 
Consumer Products Program promotes the use of safer chemicals in consumer 
products . 
• California Department of Pesticide Regulation (DPR)  – Insecticide products that 
are sold in California must be registered with the California Department of Pesticide Regulation and, in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), with the United States Environmental Protection 
Agency ; 
• California Office of Environmental Health Hazard Assessment (OEHHA)  – As 
California’s health risk agency, OEHHA determines risk exposure values for ingredients used in consumer products;  
• California State Water Resources Control Board (SWRCB)  – CARB works with 
the SWRCB to identify ingredients used in consumer products that might have an adverse aquatic impact;  
• United States Food and Drug Administration (FDA)  – The FDA has overlapping 
jurisdiction over the safety and efficacy of a number of consumer products , such 
as fragrance materials and cosmetics;  
• United States  Environmental Protection Agency  – U.S. EPA has implemented a 
national consumer products regulation since 1998. However, the national 
consumer products regulation is less effective than the California Consumer Products Regulation , as its standards are less stringent and apply to fewer 
categories than the CARB regulation; and   
I-17 • Other State and National Jurisdictions  – CARB provides guidance to other 
states and jurisdictions that adopt or emulate CARB consumer product 
regulations. To date, 17 other s tates and the District of Columbia, representing 
over 40 percent of the national population, have adopted CARB consumer 
product regulations to achieve VOC reductions beyond those achieved by 
federal standards . In 2019, Canada proposed adoption of a consumer product 
regulation  based on  CARB’s 2013 Consumer Product Regulation (Canada 
Gazette, 2019) . 
D. Summary of Propos ed Amendments  
1. Regulatory Development Process  
The Proposed Amendments are the culmination of a seven- year public process by 
CARB to identify the m ost promising, technically- sound  strategies to effectively 
help California meet its air quality challenges . These include three phases of 
regulatory development: 1) development  and conducting of the  three -year survey;  
evaluation and publication of 2013 through 2015 Consumer and Commercial 
Products Survey data; 2) evaluation of potential regulatory strategies  based upon 
the survey data ; and 3) development and r efinement of P roposed A mendments. 
These are three elements of the public rule development process are described 
below.  
a. 2015 Consumer Products Survey  Data 
In Spring  of 2014, CARB began the most comprehensive survey conducted to date , 
collecting detailed sales and ingredient information for over 400 categories of 
consumer products sold in California in 2013, 2014, and 2015 . In total, more than 
1,500 product manufacturers and formulators participated in this effort, providing 
CARB with product sales and chemical formulation for over one million  products 
sold in California over this three -year period . Between June 2018 and April 2019, 
CARB staff published and solicited stakeholder feedback regarding these draft 
survey data summaries . The resulting  survey data summariz ing the emissions , 
reactivity,  and ozone -forming potential of consumer products  sold in Calif ornia 
provides the technical foundation for the Proposed Amendments. While CARB staff 
characterized  the emissions, reactivity, and ozone -forming potential of consumer 
product categories for all three years,  the 2015 survey data provides the technical 
found ation for the Proposed Amendments. More information regarding 
development of the 2015 Consumer Products Survey data can be found in Chapter 
V: Air Quality.  
b. Evaluation of Potential  Regulatory Strategies  
Between the Sp ring and Fall of 2019, CARB held thirtee n public work group 
meetings and workshops to evaluat e the 47 consumer product categories 
responsible for the greatest VOC emissions and ozone- forming potential , as 
identified from the 2015 Consumer Product s Survey .   
I-18 c. Development  and Refinement of  Proposed Amendments  
Between Summer  2019 and Win ter 2020, CARB staff held fourteen  additional 
public work group meetings and workshops to i dentif y and refine  proposed VOC 
reduction strategies for specific consumer product categories, and to develop 
other proposed  regulatory updat es to improve program effectiveness  and clarity.  
More information regarding this regulatory development process , which incl uded 
five public workshops and 22 public work group meetings, can be found in  
Chapter  XI. 
2. Proposed Amendment of VOC Standard s 
The primary purpose of the Proposed Amendments is to achieve additional VOC 
reductions that offset emission growth in the sector and help attain federal ozone standards, particularly in the South Coast . The Proposed Amendments include the 
following: 
Manual Aerosol Air Freshener:  To achieve VOC reductions from manually- operated 
aerosol air fresheners, staff proposes to  replace  the regulated categories of 
“Single- Phase Aerosol Air Freshener” and “Double- Phase Aerosol Air Freshener” 
with “Manual Aeroso l Air Freshener” and “Automatic Aerosol Air Freshener”  
categories . The “Automatic Aerosol Air Freshe ner” category, for which lower VOC 
standards were determined to be infeasible, would retain the existing 30 percent by weight VOC standard, while the larger  “Manual Aerosol Air Freshener” category 
would be subject to 10 percent and then five percent by weight VOC standards on 
January 1, 2023, and January 1, 2027, respectively.
3 
Hair Care Products :  Staff proposes to adopt or reduce VOC standards for the 
following existing hair care categories, as follows:  
 “Hair Finishing Spray ”: Reduce the applicable VOC  standard from 55 percent to  
50 percent by weight on January 1, 2023.  
 “Dry Shampoo ”:  Adopt 55 percent and 50 percent by weight VOC standards 
applicable on Ja nuary 1, 2023 and January 1, 2029, respectively. 
 ”Hair Shine ” and “Temporary Hair Color”:   Reduce the applicable VOC  
standards for both categories  from 55 percent to 50 percent by January 1, 
2029.  
While proposed lower VOC standards for ” Hair Shine ” and ”Temporary Hair Color” 
categories  would  not alone achieve significant emission reductions, they  do achieve 
reductions as part of the overall package. This is because these categor ies’ VOC 
standards are necessary to ensure anticipated VOC reductions from h air care 
products . If VOC standards for  the ”Hair Shine” and “Temporary Hair Color” 
categories  were to remain at 55 percent , ”Hair Finishing Spray ” and “Dry 
Shampoo ” products could  be relabeled as “ Hair Shine ” or “Temporary Hair Color” 
                                                      
3  “Manual Aerosol Air Freshener” subcategories of “Total Release Aerosol Air Freshener” 
and “Concentrated Aerosol Air Freshener”, which are responsible for very low category 
sales, would be subject to less stringent standards.   
I-19 products  rather than ref ormulate to the 50 percent  VOC standard , in which case 
the anticipated  VOC reductions from "Hair Finishing Spray" and "Dry Shampoo" 
would not be achieved . 
Personal Fragrance Product : The Proposed Amendments would reduce the 
applicable VOC standard for aero sol PFP and PFP with less than or equal to seven 
percent fragrance from 75 to 70 percent by weight on January 1, 2023. The 
applicable threshold for product fragrance content would increase to 10 percent, 
with a VOC standard of 50 percent by weight by 2031. Staff plan to  conduct a 
technology assessment of the continued feasibility of the proposed 50 percent by 
weight VOC standard  and would identify and adopt alternate strategies from this 
and/or other categories for  achiev ing equivalent VOC reductions by 203 1 if 
necessary . Finally, the VOC standard for the less than one percent of products with 
a VOC content above 20 percent would increase from 65 to 75 percent to streamline and simplify program implementation by maintaining a single fragrance threshold for the overall PFP c ategory.  
Crawling Bug Insecticide  (Aerosol  form ): Staff proposes to lower the applicable 
VOC standard from 15 percent to eight percent by weight as of January 1, 2030. 
Due to potential technical feasibility challenges, “ Bed Bug Insecticide ” would be 
excluded from this category and retain a 15 percent by weight VOC standard  for 
aerosol product form. 
Sunset of the Two Percent Fragrance Exemption:  Staff prop oses to sunset the 
longstanding Two Percent Fragrance Exemption . This proposal would pro mote 
transparency and equity, clarity, and help address growing public health concerns 
associated with exposure to fragrance ingredients. Staff’s proposal to allow an 
exemption for 0.25 percent by weight of monoterpene ingredients for nonaerosol  
General Purpose Cleaners and nonaerosol  General Purpose Degreasers would also 
create additional flexibility for these categories with  very low VOC standards . 
All of the proposed VOC reduction strategies and associated VOC  reductions are 
summarized  in Table I-1.  
I-20 Table I-1:  Proposed VOC Emission Reduction Measures  
Category  Existing 
VOC  Proposed 
Tier 1  2023 VOC  Reductions  Proposed 
Tier 2  2031 VOC  Reductions  
Category  Standar
d Standard  Statewide  South Coast  Standard1 Statewide  South 
Coast  
Manual Aerosol 
Air Freshener2 20%/ 30
% 10% 1.07 0.45 5% 1.73 0.72 
Hair Care  
Products: 
- Finishing Spray  
- Dry Shampoo  
- Hair Shine  
- Temporary Color    
55% 
 81%3 
55% 
55%  
50% 
55% 
NA 
NA 0.94 
0.58 
 0.39 
0.24 
 50%  
1.11 
0.78 
>0.01 
0.02  
0.45 
0.32 
>0.01 
0.01 
Personal 
Fragrance 
Product4 75% 70% 0.41 0.17 50% 5.05 2.07 
Aerosol Crawling 
Bug Insecticide  15% 15% NA NA 8% 0.81 0.34 
Two Percent  
Fragrance 
Exemption  NA NA NA NA Sunset  0.30 0.12 
Total   Total  3.00 1.25 Total  9.80 4.03 
1 – Proposed Tier 2 standards apply between 2027 and 2031, depending upon the category.  
2 – " Manual Aerosol Air Freshener " subcategories of "Concentrated Aerosol Air Freshener " and 
"Total Release Aerosol Air Freshener " subject to alternate standards described in Chapter III.  
3 – R
efers to "Dry Shampoo" sales -weighted VOC content, based upon 2015 Consumer Products 
Survey data . “Dry Shampoo” is not currently subject to a VOC content standard .  
4 – Applicable proposed Tier 1 standard fragrance threshold is less than or equal to seven percent 
fragrance; applicable proposed Tier 2 standard fragrance threshold is less than or equal to 10 
percent.  
Staff also proposes to prohibit use of perchloroethylene, trichloroethylene , 
methylene chloride , and PCBTF in the seven categories identified in Table I -1, to 
ensure compliance with proposed VOC standards is achieved in a manner that 
protects public health . CARB has identified perchloroethylene, trichloroethylene, 
and methylene chloride as toxic air contaminants under California’s Toxic Air 
Contaminant Identification and Control Program (Health and Safety Code section 39650 et. seq.) , and all four substances are identified on California’s Proposition 65 
list as chemicals "known to the state to cause cancer ."  As a by -product, this 
prohibition will have the added benefit of reducing the potential use and public health impacts of TACs in these categories.  
3. Proposed Amendments to Improve Program Effectiveness  
This section describe s proposed  provisions  that reflect lessons learned since the 
last significant regulatory amendments in 2013, and encourage product innovation . 
4. Definition of “ Energized Electrical Cleaner ” 
“Energized Electrical Cleaner ” is intended to be used solely for the  safe clean ing or 
degreas ing of  electrical equipment where a residual current exists. Significant  
I-21 quantities of “Energized Electrical Equipment ” continue to be sold to automotive 
maintenance and repair facilities, despite CARB’s prohibition of the use  of 
“Energized Electrical Cleaner ” on motor vehicles , and despite the fact that they are  
not needed for automotive  maintenance or repair. “Energized Electrical Cleaner ” is 
comprised  of 90 percent TACs, specifically perchloroethylene and 
trichloroethylene,  so their use outside of required contexts unnecessarily exposes 
users to TACs that adversely affect their health . “Energized Electrical Cleaner ” also 
typically has higher VOC content than typical automotive product cleaners and 
degreasers . Use of “ Energized Electrical Cleaner ” instead of these traditional 
products therefore  may result in excess VOC emissions. Staff is  therefore proposing 
to update the definition of “ Energized Electrical Cleaner ” to exclude products sold 
to automotive maintenance and repair facilities , to reduce VOC emissions, and  
curtail off-label use of this product and associated TAC exposure. 
5. Altern ative Control Plan and Innovative Product Exemption 
Eligibility Criteria  
The Proposed Amendments would update Alternative Control Plan  eligibility 
criteria to prohibit emission reduction credits from being generated by products 
less than a specified minimu m threshold below the applicable VOC standard, and 
would update Innovative Product Exemption ( IPE) eligibility criteria to exclude 
products that demonstrate a reduction in VOC based upon product combustion . 
Both of these proposals are intended to ensure ACP and IPE provisions continue to generate real air quality and public health benefits , while continuing to encourage 
innovation and provid e regulatory compliance flexibility.  
6. IPE Eligibility Criteria for Products with Compressed Gas Propellant  
The potentia l air quality, climate , and health or environmental benefit s of 
compressed gas propellant relative to HFC -152a or other chemically formulated 
propellants make it an excellent propellant choice from an air quality and public health perspective. However, e xisting  methods for determining product 
compliance with the applicable VOC standards (based upon ingredient weight) may make manufacturers less likely to utilize compressed gas propellants due to their very low weight relative to other exempt propellants , such as HFC -152a , which is a 
GHG . Therefore, the  Proposed Amendments also include amendments to IPE 
eligibility criteria to encourage product manufacturers to develop and market innovative products that utilize compressed air, carbon dioxide, or nitrogen propellants.
 
7. Tables of Maximum Incremental Reactivity Values 
Staff is proposing to add the following additional reactive organic compounds to 
the Tables of Maximum Incremental Reactivity Values, MIR Values for Compounds 
(title 17, CCR, section  94700), so that  they can be used in aerosol coating products, 
as specified in section 94522; and in “Multi- purpose Lubricant” products qualified 
for an alternate compliance option, as specified in section 94509:  
I-22 • 1-Chloro- 3,3,3 -Trifluoropropene (HFO -1233zd)   
• Alkane Mixed  - Minimally 9 0% C13 and higher carbon number   
• Diethyl Carbonate  
Addition of MIR values for these three low -reactive substances would provide 
manufacturers additional flexibility to use these low -reactive substances, and could 
encourage development of less reactive aerosol coatings and multi -purpose 
lubricants , reducing ozone formation . 
8. Plastic Pipe Adhesive  
CARB staff is proposing to create a new special purpose aerosol adhesive category 
and VOC standard for plastic pipe labeled exclusively to bond segment s of 
acrylonitrile butadiene styrene (ABS), polyvinyl chloride (PVC), or chlorinated 
polyvinyl chloride (CPVC) together. The current proposal would set a standard of 
60 percent by weight VOC and exclude them from the “Mist Spray Adhesive” 
category.  
9. Exclusi on of Denatured Alcohol Products Used to Maintain Electrical 
Equipment Owned by Public Utilities from the “Multi- purpose 
Solvent” Definition  
CARB staff is proposing to create a narrow exclusion from  the definition of “Multi -
purpose Solvent” for denatured a lcohol products used to maintain electrical 
equipment owned by public utilities,  as defined by §216 of the Public Utilities Code 
(PUC) . Some public utilities have requested this narrow exemption for denatured 
alcohol products that are specified by utility equipment manufacturers as the sole 
method of maintaining specialized electrical equipment . The exclusion  would 
exempt these products from the VOC standard s for the “Multi -purpose Solvent” 
category.  
10.  Method 310 Updat es 
CARB  staff is proposing amendments to  Method 310 to make updates  for clarity 
and consistency, to remove and add several reference test methods , and to revise 
equations to better reflect how CARB staff calculates VOC and reactive organic 
compounds . 
II-23 II. Problem that the Proposal is Intended t o Addr ess  
The majority of California residents continue to be exposed to air pollutant 
concentrations that exceed federal health -based national ambient air quality 
standards (NAAQS) for ozone . ROG emissions from consumer products are known 
to contribute to the formation of ground -level ozone . Furthermore, ROG emissions 
from consumer products have overtaken those from light- duty passenger vehicles 
in the South Coast and Statewide, and are projected to grow in the years ahead as 
California’s population and associa ted consumer product usage increase. Thus, 
additional consumer product emission reductions are needed to  reduce  ambient 
ozone levels in the South Coast and in other areas of the State, to help attain the 
feder al NAAQS and State air quality standards . 
A. State  and Federal Ozone Standards  
Ozone pollution harms people’s health, damages agricultural crops, forests, 
ornamental and native plants, and creates the haze that reduces visibility. National 
and State ambient air quality standards have been established for ozone to protect 
California’s population fr om the harmful effects of ozone . An ambient air quality 
standard sets limits on the level of an air pollutant in the outdoor (ambient) air that 
each air basin within a State is legally obligated to meet under fede ral law . The 
level of each air pollutant , average d over a specific period of time,  is set based on 
science showing what ambient level protects the health of our communities, 
including the health of the most sensitive groups.  
Both CARB and U.S. EPA are auth orized to set ambient air quality standards  for 
California . To protect public health, California and U.S. EPA have set ambient air 
quality standards for ozone and other criteria pollutants . Table II- 1 below shows the 
current State and national ambient air quality standards for ozone. The VOC 
reductions achieved by the Proposed Amendments are needed to expedite attainment of both California and national health -based ambient ozone standards.  
Table II -1:  Ambient Air Quality Standards for Ozone  
Averaging Time  State Standard  National Standard  
1 hour  0.09 ppm  0.12 ppm  
8 hours  0.070 ppm  0.070 ppm  
0.075 ppm  
0.08 ppm  
 
1. A
ttainment of State Ozone Standard   
The California Clean  Air Act (CCAA) of 1988 has as its fundamental goal the 
attainment of State ambient air quality standards for ozone in all areas of California by the earliest practicable date . As required by the CCAA, CARB has designated 
areas of California to be in "atta inment" or "nonattainment" for the State ozone 
standards.   
II-24  
Fi
gure II -1, below,  shows the counties designated as being in nonattainment (or 
nonattainment transitional, which is a subcategory of nonattainment) for the State 
ozone standard . As shown, unhealthy levels of ozone are not limited to urban 
areas, but can be found in nearly every county in California . This figure  clearly 
indicates the extent of the ozone problem in California . 
Figure II -1:  Area Designations for State Ambient Air Quality Standard for  
Ozone  
  
  
 
II-25 2. Attainment of Federal Ozone Standards  
Much of California is also designated as being in nonattainment by U.S. EPA for the 
national ozone standards. Figure II -2 below shows these nonattainment areas and 
their classifications.  
Figure II -2:  Area Designations/Classifications for the 0.070 part per million 
National 8 -hour Ozone Standard  
 
Ar
eas with ozone concentrations marginally above the ozone standard are given 
the classification “marginal.”  Those areas with higher than marginal ozone 
concentra tions are classified as “moderate,” “serious,” or “severe,”  and the 
classification of “extreme” is given to those areas furthest from attainment. 
Attainment dates are set based on the severity of the ozone challenge faced by an 
area, with later attainment deadlines for areas with higher ozone concentrations.  
II-26 The federal Clean Air Act requires U.S. EPA to adopt air quality standards, and 
requires states to adopt  a State Implementation Plan ( SIP) and submit it to U.S. 
EPA for approval . SIPs must demonstrate how a nonattainment area will meet the 
standards set by U.S. EPA for each air pollutant by the required attainment 
deadline, also set by U.S. EPA . SIPs must identify both the magnitude of reductions 
needed and the actions necessary to achieve those reductio ns. SIPs must contain 
enforceable commitments to achieve the level of emission reduction s necessary to 
meet federal air quality standards, as defined b y the attainment demonstration.4 
T
he responsibility for developing and implementing a SIP is shared between CARB 
and local air districts in the State , and CARB plays multiple roles in the SIP 
development and approval process . Under State law, CARB is responsible for 
controlling emissions from consumer products , among other things . Local air 
districts do not r egulate consumer products. Because they are ozone precursors, 
reducing VOC emissions is necessary to attain the national ambient air quality 
standards for ozone . In 1994, emission reductions from CARB’s consumer products 
program became part of the Californ ia SIP to meet the federal standard for ozone.  
The 2016 State  SIP Strategy continues California’s approach to attaining the federal 
ozone standard of 0.075 ppm averaged over eight hours (CARB, 2017a ). In the 
2016 State  SIP Strategy, CARB staff committed to  bringing the Board regulatory 
proposals in the 2020- 2021 timeframe which would reduce consumer product VOC 
emissions by 1- 2 tons per day in the South Coast Air Basin (South Coast) by 2023 , 
and by 4-5 tons per day in the South Coast by 2031. The amendments proposed in 
this rulemaking are intended to, and will, fulfill th is SIP commitment for VOC 
reductions from consumer products  in the populous South Coast . These VOC 
emission reductions will also aid attainment in other California nonattainment 
regions.  
3. Attainment of Ozone Standards in the South Coast Air Basin 
California has made significant progress in improving air quality through existing State and local air district control programs . However, the South Coast Air Basin 
continues to face the biggest  challenge in attaining ozone standards in the nation. 
Figure II -3 and Figure II -4, below, illustrate the progress that has occurred since 
1990 in the South Coast . In 1990, the entire South Coast region violated the 
current 8 -hour ozone standard of 70 ppb . As of  2019, ozone concentrations in the 
South Coast have declined 42 percent, and 32 percent of the population there now 
lives in communities that meet the standard . Nonetheless, South Coast still has the 
highest ozone levels in the nation.  
  
                                                      
4 Code of Federal Regulations (CFR) title 40, Chapter I, Part 52, Subpart F, section 52.220 
sets forth all of the items which are included in the approved California SIP.   
II-27 Figure II -3:  Sout h Coast Ozone Levels, 1990 
 
Figur
e II-4:  South Coast Ozone Levels, 2019  
 
The c
urrent ozone levels experienced in the South Coast Air Basin, represented by 
“design values ,” are still well above the national ambient air quality standards , and 
the South Coast is classified as an “extreme” nonattainment area for ozone.  
Significant further reductions of ozone precursor emissions are needed in the South 
Coast . An ozone precursor control strategy that targeted oxides of nitrogen (NOx)  
II-28 reductions alone could enable South Coast to attain the 0.08 ppm and 0.075 ppm 
ozone standards by 2023 and 2031, respectively , while a control strategy relying on 
VOC (or ROG) alone could not . Therefore, South Coast ozone attainment plans rely 
heavily on NOx reductions. In keeping with federal requirements that attainment 
plans provide for expeditious attainment of air quality standard for ozone, th ese 
ozone attainment plans also aim for  VOC reductions  because concurrent VOC 
reductions can yield lower ozone sooner . Reductions in VOC  could be achieved 
from sources that emit both NOx and VOC , such as motor vehicles , as well as from 
sources emitting VOC only, such as consumer products. The South Coast 
attainment plans  would achieve VOC reductions from both emission source types . 
Consumer product emission reductions will similarly yield improvements in ozone levels in many a reas of California.  
B. Increasing  Consumer Product Emissions  
The Consumer Products Emission Inventory further underscores the prominence of 
ROG emissions from consumer products when compared to other ROG emission 
sources. As shown in Figure II -5, ROG emissions from consumer products are 
projected to account for about  20 percent of the total Statewide ROG emissions by  
2030   
Figure II -5:  Top ROG Emission Sources Statewide in 2030  
Source: CEPAM 2019 SIP v1.02 (Summer Planning Inventory ) 
   
II-29 Figure II -6, below, shows the increasing prominence of consumer product ROG 
emissions relative to other emission sources. While consumer product emissions 
decreased in past  decades due to  adoption and implementation of CARB VOC 
standards , emission reductions from light- duty vehicles have outpaced those from 
consumer products . Consumer product s’ share of California ROG emissions are 
projected to  increase from less than ten percent of statew ide ROG in 2000, to 22 
percent of statewide ROG by 2040 .  
Figure II -6: California ROG Emissions by Sector (2000 – 2040)  
Source: CEPAM 2019SIP v1.02 ( Summer Planning Inventory )(CEPAM, 2020 ) 
 
C. Uni
ntended Consequences of Fragrance Exemption  
Consumer Products  Regulation section 94510(c) specifie s that, with the exception 
of “Pressurized Gas Duster ,” products in all consumer product categories are 
granted an exemption from  their applicable VOC standard for up to two percent by 
weight of fragrance . This “Two  Percent Fragrance Exemption” allows a product to 
exceed its applicable VOC standard by up to two percent (assuming the fragrance 
is 100 percent VOC) if that two percent of ingredients in excess of the standard 
meets the definition of a fragrance . For example,  a product subject to a 50 percent 
by weight  VOC standard  could have VOC ingredients that total 50 percent of the  
II-30 product contents by weight, plus up to an additional two percent of VOC if that 
VOC meets the definition of fragrance.  
The Two  Percent Fragran ce Exemption enables consumer product manufacturers 
to ignore the properties of fragrance they purchase from third -party vendors ; since 
CARB exempts up to two percent of fragrance from VOC standard compliance determinations , manufacturers need not investig ate fragrance ingredients . Thus, 
eliminating this exemption could encourage greater transparency around  fragrance 
ingredients as product manufacturers request VOC content information from fragrance vendors to ensure their products – including fragrance – a re formulated 
to meet the applicable VOC standard . Increased disclosure and consideration of 
fragrance ingredients is consistent with the spirit of the California Fragrance and Flavor Right to Know Act ( Senate Bill 574, 2019), which requires manufacturers of 
cosmetic products to report fragrance ingredients in their products that are deemed toxic according to any of a set of specified lists published by regulatory authorities, with some exceptions for trade secrets, and requires the California Department of  Public Health (CDPH) to publish the reported data  (Senate Bill 574, 
2019) . 
This exemption also poses program implementation challenges . CARB staff and 
product manufacturers have had numerous discussions over the years  regarding 
whether a particular ingred ient meets the regulatory definition of “ fragrance ,” 
which depends on  the purpose of an ingredient ( i.e., to be a fragrance, an 
ingredient’ s “sole purpose” must be  to “impart an odor or scent, or to counteract a 
malodor”) . Disagreement regarding the intent  of a product ingredient  can result in 
reduced clarity regarding whether that ingredient is eligible for the fragrance 
exemption, and can impact whether a product is compliant with the applicable VOC standard.  
This longstanding exemption also poses challenges for CARB laboratory staff whe n 
determining product compliance with applicable consumer product VOC 
standards . The exemption requires CARB laboratory staff to  identify and quantify 
hundreds of possible fragrance ingredients for the purpose of excluding them from 
a product’s allowable VOC content . The need to identify and quantify hundreds of 
at times exotic ingredients for the purposes of exclusion form applicable VOC standards therefore poses significant program implementation and enforcement 
challenges. 
Chapter III provides additional discussion regarding policy considerations that have 
informed staff’s recommended elimination of this exemption for most consumer product categories.  
D. Excess Public TAC E xposure  
“Energized Electrical Cleaner ” is comprised , on average,  of 90 percent 
perchloroethylene and trichlo roethylene. These two compounds, identified as TACs 
by CARB,  enable “Energized Electrical Cleaner ” to safely clean or degrease  
electrical equipment where residual electrical current exists. This produ ct is not 
necessary for the safe maintenance or repair of automobiles, and is not intended for use in automotive maintenance and repair (AMR) facilities, because of the public  
II-31 health impacts, and CARB requires product labels to indicate that the product is  
“not to be used for motorized vehicle maintenance, or their parts.”  In addition, 
CARB’s Airborne Toxics Control Measure for Automotive Maintenance and Repair 
Activities (AMR AT CM) prohibits  the use of perchloroethylene, methylene chloride, 
and trichloroe thylene in products designed for use in AMR facilities, which include 
the product categories “ Automotive Brake Cleaner ,” “Carburetor & Choke 
Cleaner ,” “Engine Degreaser ,” and “General Purpose Degreaser (automotive 
use).”  However, CARB data indicates that significant product sales to AMR 
facilities continue to occur, resulting in potential adverse  public health  impacts from 
exposure to TACs . In addition, the  sale of “ Energized Electrical Cleaner ” for 
automotive maintenance and repair  results in excess VOC emissions, as the 
category has higher VOC content than traditional automotive  cleaners and 
degreasers . Thus, CARB needs to discourage  sales of “ Energized Electrical 
Cleaner ” for automotive maintenance and repair to protect public health, 
consistent with the goals of the AMR ATCM, while achiev ing the maximum feasible 
VOC reductions . 
The Proposed Amendments also include provisions to prohibit use of 
perchloroethylene, trichloroethylene, methylene chloride, and p -chloro -α,α ,α-
trifluorotoluene in the seven categories proposed for lower VOC standards. 
Perchloroethylene, trichloroethylene, and methylene chloride have been identified 
as toxic air contaminants under California’s Toxic Air Contaminant Identification and Control Program (Health and Safety Code section 39650 et. seq.) , while all four 
substances are listed on California’s Proposition 65 list  as chemicals "known to the 
state to cause cancer. "  The proposed targeted prohibition of these four 
compounds  in the proposed seven product categories is intended to avoid public 
health impacts, particularly to California’s children, elderly, and other vulnerable populations, of the proposals to lower VOC emissions from consumer products, 
while ensuring the feasibility of compliance with new or lower VOC standard 
proposals in this rulemaking.  
E. Regulatory Disincentive for Use of Compressed Gas Propellant  
Existing methods for determining product compliance with the applicable VOC standards (based upon ingredient weight) may make manufacturers less likely to 
utilize compressed air, carbon dioxide, or nitrogen  propellants , due to their low 
density  relative to other exempt propellants . This creates a disincentive to develop 
product formulations utilizing this “zero- emission” propellant , which also has no 
ozone -forming potential, no toxicity, and virtua lly no global warming potential.
5  
Hydrocarbon propellants , on the other hand, do contribute to ozone formation, 
and the other propellant with the lowest ozone forming potential, HFC -152a,  is a 
greenhouse gas. The Proposed Amendments provide a regulatory compliance 
pathway within the Consumer Product Regulation that encourages manufacturers 
to develop and market products with compressed gas propellant  so California can 
continue to reduce VO C and GHG emissions as California’s population and 
consumer product usage continues to grow . Replacement of HFC -152a with 
compressed gas propellant s is consistent with California Executive Order B- 55-18, 
                                                      
5 Carbon dioxide has a global warming potential of one, while air and nitrogen have global 
warming potential values of zero.   
II-32 which calls for California to achieve carbon neutrality by 2045  (California Executive 
Order B -55-18, 2018. 
III-33 III. Summary of Proposed Amendments  
This chapter describes staff proposal for each of the seven categories proposed for 
new or lower VOC standards : “Manual Aerosol Air Freshener, ” four hair care 
product categories, “Personal Fragrance Product” and aerosol  “Crawling Bug 
Insecticide ,” as well as sunsetting  the Two Percent Fragrance Exemption . This 
chapter also includes di scussion of staff  proposal s to improve program 
transparency, clarity, and effectiveness, i ncluding  amend ing the definition of 
“Energized Electrical Cleaner, ” update s to ACP and IPE eligibility criteria , and 
other programmatic updates . 
A. Manual Aerosol Air Freshener  
1. Category Description  
Air fresheners include a diversity of product types labeled t o mask odors or 
freshen, clean, scent, or deodorize the air, including liquids, semisolids, solids, 
wicks, wipes, diffusers, powders, cr ystals, and aerosol or pump sprays . Aerosol  air 
fresheners utilize a pressurized spray system that dispenses liquid prod uct 
ingredients by means of a propellant, and are packaged in a disposable aerosol 
container . The product is discharged as a jet of fine droplets and gases. Product 
actuation can be initiated manually by the consumer , or by an automated dispenser 
through m otion activation or a timer.  
Aerosol air freshener products are currently divided into two single -purpose air 
freshening subcategories , with different VOC standards for each. Unlike most 
consumer product categories, where different standards were adopted based on 
the dispensing form, staff found it necessary to further differentiate the aerosol form of “Air Freshener ” based on the miscibility of the liquid phases of the product 
and product use instructions. “Double Phase Aerosol Air Fresheners” are aerosol 
air freshener products with the liquid contents in two or more distinct phases that 
require the product container to be shaken before use to mix the phases. “Single 
Phase Aerosol  Air Fresheners” are aerosol air freshener products with the liquid 
contents in a single homogeneous phase that  is not required to be shaken before 
use. Currently, “Double Phase Aerosol Air Fresheners” are subject to a 20 percent 
by weight VOC content standard, and “Single Phase Aerosol Air Fresheners”  are 
subject to a 30  percent by weight VOC content standard.  
Data gathered in  response to the 2015 Consumer Products Survey  showed that 50  
companies reported 152  product formulations  in the two  categories , with 34.15 
tons of product sold per day, resulting in 4.22 tons of VOC emissions from this 
category per day. Combined, these categor ies are the seventh- highest contributor 
of VOC emissions from consumer products, responsible for over 2.8  percent of 
total consumer product VOC emissions (CARB,  2019).  
   
III-34 Table III -1:  Aerosol Air Freshener  Products*  
Aerosol Air 
Freshener 
Category  Number of 
Companies  Number of 
Product 
Formulations  Category 
Sales ( tpd) Sales-
weighted 
Average 
VOC (Wt.  %) Adjusted 
VOC 
Emissions 
(tpd)** 
Double 
Phase  15 36 10.51  19.14  2.01 
Single 
Phase  35 116 23.64  9.33 2.21 
* Based on 2015 Consumer Products Survey data (CARB, 2019)  
** 2015 Consumer Product s Survey  data emissions adjusted for complete market coverage . 
2. Regulatory History  
VOC standards for aerosol air freshener products were adopted under “Phase I” of 
the Consum er Products Regulation , in October 1990, and were subsequently 
lowered twice more, most recently in 2009 . Table III- 2 summarizes these 
regulations and applicable VOC standards.  
Table III -2:  Aerosol Air Freshener Products VOC Standards and Effective Dates  
Aerosol Air 
Freshener 
Category  VOC 
Standard  Regulation 
Effective 
Date  Standard 
Effective 
Date  
Double Phase  30% 10/21/1991  1/1/1993  
Double Phase  25% 11/19/2000  12/31/2004  
Double Phase  20% 10/20/2010  12/31/2012  
Single Phase  70% 10/21/1991  1/1/1993  
Singl e Phase  30% 10/21/1991 1/1/1996 
The “Single Phase Aerosol Air Freshener” and “Double Phase Aerosol Air 
Freshener” subcategories were first identified as part of the  “Phase I” rulemaking 
of the Consumer Products Regulation. In 1990, d ouble  phase products m ade up 78 
percent  of the VOC emissions from aerosol air freshener s (CARB, 1990a) , and 
single phase products made up the remaining 22 percent. “Single Phase Aerosol 
Air Fresheners” were required to meet a two -stage VOC standard of 70 and 30 
percent by weigh t by January 1, 1993, and January  1, 1996, respectively . “Double 
Phase Aerosol Air Fresheners” were required to meet a VOC standard of 30 percent by weight, which became effective on January 1, 1993.  
In October 1999, as part of CARB’s adoption of “Midterm Measures II,” the 
provisions applicable to “Double Phase Aerosol Air Freshener” products were amended, setting a new VOC  standard of 25 percent by weight, effective 
December 31, 2004 . During this time, “Double Phase Aerosol Air Fresheners” were 
responsible for 95 percent  of the VOC emissions from aerosol air fresheners, with 
the remaining five  percent  coming from single phase products  (CARB, 1999).   
III-35 In August 2009, CARB adopted a lower VOC  standard of 20 percent by weight, 
effective December 31,  2012, for “D ouble Phase Aerosol Air Freshener” . At the 
time, these products were responsible for 97  percent  of the  VOC emissions  from 
aerosol air fresheners, with the remaining three percent coming from single phase 
products (CARB, 2009) . 
3. New Categories and Definition s 
A review of results from the 2015 Consumer Products Survey show  that the types of 
products in the single phase and double  phase categories ha ve changed 
significantly since the previous rulemakings. Most notably,  new low -VOC single -
phase aerosol air freshener product s have captured significant market share in the 
category, with “Double Phase Aerosol Air Freshener” now contributing less than 
half of the total VOC emissions from aerosol air fresheners. Due to this innovation 
and consumer acceptance, staff is  proposing to combine  the separate single- and 
double -phase categories into a new “Manual Aerosol Air Freshener” category , with 
a VOC standard within the feasibility range of the single- phase products  (i.e., 10 
percent by weight  by 2023 and five  percent by weight  by 2027) .  
During the review  of survey results, staff also identified three other  distinct types of 
products within the “Single Phase Aerosol Air Freshener” subcategory . These 
include automatic spray products and two  niche types of single phase man ually-
actuated spray products :  concentrated aerosol and total release aerosol air 
fresheners. The automatic and niche products represent a minor portion of the 
market share of aerosol air fresheners, as shown in Figure III-1 . Staff is proposing to 
create three additional aerosol air freshener categories, and VOC standards for 
each.  
Figure III-1:  Aerosol Air Freshener Market Share 
 
 
III-36 Manual Aerosol Air Freshener  
“Manual Aerosol Air Freshener” products comprise the largest share of the 
“Aerosol Air Freshener ” category, and include products that are currently classified 
as “Single Phase Aerosol Air Freshener” and “Double Phase Aerosol Air Freshener” 
products that are sprayed manually by depressing the actuator, without the 
assistance of an automatic actuator d evice . “Manual Aerosol Air Freshener ” would 
not include “Dual Purpose Air Freshener /Disinfectant ”, “Automatic Aerosol Air 
Freshener ”, “Total Release Aerosol Air Freshener ”, or “Concentrated Aerosol Air 
Freshener .” 
Figure III-2 shows speciation and VOC spec iation for “Manual Aerosol Air 
Freshener.”   As shown, the majority of VOC emissions come from propellant, while 
a much smaller portion is comprised of fragrance.  
Figure III-2:  Manual Aerosol Air Freshener  Speciation  
 
Automatic Aerosol Air Freshener  
“Aut omatic Aerosol Air Freshener” products have a higher VOC content than 
“Manual Aerosol A ir Freshener, ” due to an increased amount of fragrance and 
propellant, and utilize an automatic device for dispensing product . These products 
are sprayed with the assist ance of an automatic spray actuator device that 
dispenses at a predetermined time or under specific conditions.  
Figure III-3 shows the speciation and VOC  speciation  for “Automatic Aerosol Air 
Freshener .”  As shown, these consumer products’ VOC emissions co me primarily 
from hydrocarbon propellants.  
   
III-37 Figure III-3:  Automatic Aerosol Air Freshener Speciation  
 
Concentrated Aerosol Air Freshener  
“Concentrated Aerosol Air Freshener” products are high- fragrance products , 
containing at least 15 percent fragrance , and use metered dose , manual actuators . 
Figure III-4 provides speciation and VOC speciation  information for the 
“Concentrated Aerosol Air Freshener” subcategory . As shown, the majority of the 
VOC emissions in this subcategory come from ethanol . Concentra ted Aerosol Air 
Fresheners are niche products that are primarily used in one room, and are less 
than 0.05 percent  of the overall “Aerosol Air Freshener” category.  
Figure III-4:  Concentrated Aerosol Air Freshener Speciation  
 
 
III-38 Total Release Aerosol Air Freshener  
Total Release Aerosol Air Fresheners are niche, onetime -use products, dispensing 
all or most of their content in a single use, and releasing no more than five weight 
ounces of content . Figure III-5 provides speciation and VOC speciation  information 
for the “Total Release Aerosol Air Freshener” category . As shown, the majority of 
VOC emissions in this category come  from ethanol . 
Figure III-5:  Total Release Aerosol Air Freshener Product and VOC Speciation 
 
Figure III-6 shows current and proposed categorization for aerosol air fresheners.  
Figure III-6:  Current and Proposed Aerosol Air Freshener  Categorizations 
Current Aerosol Air Freshener Subcategories (VOC Standard)  
• Single Phase Aerosol Air Freshener (30%)  
• Double Phase Aerosol Air Freshener (20%)  
• Dual Purpose Air Freshener/Disinfectant Aerosol (60%)  
Proposed Aerosol Air Freshener Subcategories (Proposed VOC Standard)  
• Manual Aerosol Air Freshener (10%, 5%)  
• Automatic Aerosol Air Freshener (30%)  
• Total Release Aerosol Air Freshener (25%)  
• Concentrated Ae rosol Air Freshener (15%, 10%)  
• Dual Purpose Air Freshener/Disinfectant Aerosol (60%)  (No proposed 
changes)  
 
 
  
   
III-39 4. Proposed VOC Standard and Reformulation Strategies  
Staff’s evaluation of the 2015 Consumer Product s Survey  data indicates  that 
“Single Phase Aerosol Air Fresheners” are diverse in product type and formulation, 
and that CARB ’s current categorical structure for defining aerosol air fresheners 
does not accurately reflect the products being sold in the  market. Staff’s proposal 
would update the regulation to reflect the diversity of current aerosol air freshener 
product types by reassigning them into new, more appropriate subcategories, and 
placing them into the “Aerosol Air Freshener” category.  
Currently, there is no distinction in the regulation between manually - or 
automatically- dispensed aerosol products. The proposed regulatory changes would 
establish that distinction, while eliminating the distinction between the 
“Double  Phase  Aerosol Air Freshener” and “Single Phase Aerosol Air Freshener” 
subca tegories, and acknowledging the changing market for these products as seen 
in the 2015 Consumer Product s Survey  results.  
The “Manual Aerosol Air Freshener” subcategory would exclude single- phase 
aerosol air fresheners that utilize an automatic device to di spense product, as well 
as total release, concentrated , and dual -purpose/disinfecting air freshener 
products . Staff is proposing two  tiers of VOC standard s for the “Manual Aerosol Air 
Freshener” category . Proposed VOC Standards, complying products and mark et 
share, and adjusted emission reductions are presented in Table III- 3 below.  
Table III-3:  Manual Aerosol Air Freshener Proposal*  
Proposed 
Aerosol Air 
Freshener 
Subcategory  Proposed 
VOC 
Standard 
(Wt. % ) Proposed 
Effective 
Date  Complying 
Product 
Formulati ons** Complying 
Market  
Share 
(%)*** Emission 
Reductions 
(tons/day ) 
Manual  10 1/1/2023  20 73 1.07 
5 1/1/2027  12 22 1.73 
Total Release  25 1/1/2023  2 50 <0.01  
Concentrated  15 1/1/2023  1 50 <0.01  
10 1/1/2027  0 0 <0.01  
* Based on 2015 Consumer Products Survey data (CARB, 2019)  
** Product- formulations with minor fragrance variations are treated as one product -formulation . 
*** Based on mass of products sold . 
As shown in Table III- 3, the 10 percent VOC standard would result in a reduction of 
1.07 tpd of VOC  emissions, while the five percent VOC standard would result in a 
reduction of 1.73 tpd of VOC emission reductions.  
Staff believe s there are two potential  reformulation pathways f or “Manual Aerosol 
Air Freshener” products that currently do not  meet the pr oposed 10 percent and 
five percent by weight VOC  standards . For products currently employing 
compressed gas propellant  technology, reformulation options would be limited to 
replacement  of liquid VOC constituents such as ethanol  with a non-VOC 
constituent l ike water . Potential reformulation pathways for p roducts  utilizing  high-
VOC liquefied  petroleum gas propellant blends w ould be to switch to  an exempt 
liquefied  gas propellant, like HFC -152a , or transition to  compressed gas  propellant ,  
III-40 such as nitrogen. Some “Single Phase Aerosol Air Freshener” manufacturers have  
already invested in a compressed gas propellant manufacturing capability to make 
low VOC aerosol air fresheners, and staff expects industry will continue to employ 
that capability to comply with the  proposed standards.  
For the “Automatic Aerosol Air Freshener” subcategory, staff is proposing to 
maintain  the VOC standard at 30 percent by weight, which is currently in place for 
the “Single Phase Aerosol Air Freshener” subcategory . Reformulation would not be 
required for these products at this time.  
“Total Release Aerosol Air Freshener” products are one- time-use products . Staff is 
proposing a VOC standard of 25 percent by weight, to be effective by 2025. A 
reformulation option would be to reduce hydrocarbon propellant for these products . Additional reformulation pathways may include modifications and 
adjustments to the surfactant ingredients, the valve/spray nozzle systems, or a combination of both (CARB, 2019).  
For “Concentrated Aerosol Air Freshener” pr oducts , staff is proposing a VOC 
standard of 15 percent by weight, to be effective by 2023, and 10 percent by 
weight, to be in effect ive by 2027. Reformulation options include reducing 
hydrocarbon propellant, fragrance, or a combination of both, for these products . 
Additional reformulation pathways may include modifications and adjustments to 
the surfactant ingredients, the valve/spray nozzle systems, or a combination of both (CARB, 2019). 
These reformulation options were used to develop the example of comp lying 
product formulation presented in Appendix D. The appendix contains generic 
examples of complying and noncomplying formulations for the “Air Freshener” product subcategories and other product categories described in this chapter.  
Staff’s proposed changes apply specifically to all aerosol forms of air freshener , 
with the exception of the “Dual Purpose/Disinfectant ” air freshener subcategory.  
B. Hair Care Products  
This section described staff proposals for four categories of Hair Care Products . 
Three of these categories – “ Hair Finishing Spray, ” “Hair Shine, ” and “Temporary 
Hair Color ” – are currently subject to the same VOC content standard of 55 
percent . Staff is proposing to set VOC content standards for “ Dry Shampoo ” for 
the first time, in recognition of  increasing product sales and associated VOC 
emissions . Proposed VOC standards for "Hair Finishing Spray" and "Dry Shampoo" 
are responsible for more than half of the VOC reductions achieved by the Proposed 
Amendments in the South Coast and Statewide in 2023 . As described below, staff 
is proposing to align VOC standards for these four categories by 2029 to ensure 
anticipated VOC reductions from these hair care categories are achieved.  
   
III-41 1. Hair Finishing Spray  
a. Category Description  
“Hair Finishing Spray” products are consumer products designed to  dispens e 
droplets of resin (film forming polymer) on and into the hair coiffure (hair style) to 
enable users to keep their finished hair style in place and resistant to changes in the 
weather or atmospheric humidity. Hair finishing sprays are applied to  hair once 
styling is complete . “Hair Styling Product” also can be labeled to hold the hair, but 
these products  are not used to finish the comp leted hair  style. “Hair Finishing 
Spray” products are packaged in aerosol or pump spray form. This category also 
includes products containing color, glitter, or sparkles that make hair finishing claims.  
“Hair Finishing Spray” products are used in private homes and in commercial establishments such as hair salons. “Hair Finishing Spray ” products are sold in 
department, drug, and grocery stores , as well as  beauty supply  outlets , beauty 
salons, and on the internet . 
Typical  ingredients in “Hair Finishing Spray” formulations include  resins, solvents, 
propellants (aerosol form only), neutral izers, co -solvents, plasticizers, and other 
additives . Resins act as the key holding ingredient in all “ Hair Finishing Spray ” 
products . The holding of the hair is carried out by electric resistance welding of one 
hair to another . The product is sprayed on the hair in the form of droplets , and t he 
volatile nature of the droplets  allows them  to dry rapidly and create an invisible 
bond to the hair around it . Hence, the resin must have good adherent strength. Its 
adhesive quality must be such that it can be rea dily removed by shampooing  (i.e., 
be water soluble ). There are many types of resins used in today ’s “Hair Finishing 
Spray” formulations , including octylacrylamide, acrylates, vinyl neodecanoate 
copolymer, and butylaminoathyl methyl acrylate  copolymer (CARB , 2019).  
Solvents are used to carry the film (resin) onto the hair, and then evaporate to leave the film behind . Ethanol is the primary  solvent used in “Hair Finishing Spray”  
formulations . Other solvents used include isopropyl alcohol, propylene glycol, 
glycol ethers, and water . 
Aerosol “Hair Finishing Spray” products also contain propellant , the purpose of 
which is to deliver the active ingredients from the product package to the hair. 
Common propellant s used are a blend of hydrocarbons , such as butanes and 
propane , dimethyl ether (DME) , or HFC -152a , a VOC- exempt propellant . DME can 
be used in formulating water -based hair finishing sprays, which are becoming 
increasingly popular , and is  also highly compatible with hydrocarbon propellant 
blends . Products pri marily using hydrocarbon propellants  or HFC-152a  typically 
contain a limit ed amount of water, since they are not readily soluble in a 
hydroalcoholic system.  
Since most hair fixative resins contain carboxyl groups, neutral izers are a major 
component in “Hai r Finishing Spray”  formulations . The neutralizer acts to adjust the 
solubility of the resin in both the alcohol vehicle and for shampoo removal . Some 
examples of neutralizers are morpholine, 2- amino -2-methyl -1-propanol (AMP), and 
2-amino -2-ethyl -1,3-propan ediol.   
III-42 Plasticizers are added to modify hardness and the degree of flexibility of the resin 
film. Some commonly used plasticizers are dimethyl phthalate, diethyl phthalate, 
and acetyl triethyl citrate . Siloxanes and oils are added to provide shine to the hair . 
Examples of these commonly -used ingredients are decamethylcyclopentasiloxane 
and argan oil . The speciation and VOC speciation  for both “Hair Finishing Spray” 
product forms —pump sprays and aerosols— are shown in the figures below.  
Figure III -7:  Nona erosol  Hair Finishing Spray Speciation  
  
 
III-43 Figure III -8:  Aerosol Hair Finishing Spray Speciation  
 
In r
esponse to the 2015 Consumer Products Survey , 85 companies reported 484 
product formulation s in this category, resulting in 21.7 tons of product sold and  
11.6 tons of VOC emissions per day . The market shares for aerosol and pump 
sprays are 80  percent and 20 percent, respectively. Aerosol “Hair Finishing Spray” 
VOC emissions are 7.9 tons per day, and pump spray “Hair Finishing Spray” VOC 
emissions are 3.7  tons per day . The “Hair Finishing Spray” category is the third 
highest consumer product VOC contributor, responsible for over five  percent of 
total consumer product VOC emissions (CARB,  2019).  
The number of manufacturers and products, sales, average VOC content,  and VOC 
emissions  from  “Hair Finishing Spray” products , based on the 2015 Consumer 
Products Survey  data, are presented in aggregate in the table  below . 
Table III-4:  Hair Finishing Spray Products*  
Number of 
Companies Number of 
Product 
Formulations  Category Sales  
(tpd) Sales- weighted 
Average VOC 
(Wt.%)  VOC 
Emissions 
(tpd)** 
85 484 21.67  53.08  11.55  
* Based on 2015 Consumer Products Survey data (CARB, 2019) 
** 2015 Consumer Product s Survey  data emissions adjusted for complete market coverage . 
b. Regulat ory History 
CARB has lowered the VOC standards applicable to “Hair Finishing Spray’’  
III-44 (previously called “ Hair Spray” ) twice prior to this rulemaking . In October 1990, 
CARB adopted VOC standards for 16 categories, including the “Hair Finishing 
Spray” catego ry, as part of the comprehensive consumer products regulation 
known as “Phase I.”  The 80 percent by weight VOC standard became effective on 
January 1, 1993, and the current 55 percent by weight VOC standard was 
proposed to become effective on January 1, 1 998 (CARB, 1990a ). 
The second -tier VOC standard for “Hair Finishing Spray”  proved to be more 
challenging for companies to meet than was originally anticipated . As a result, 
CARB postponed the effective date of the 55 percent by weight VOC standard 
from Jan uary 1, 1998, to June 1, 1999 (CARB, 1997a ).  
Being California’s largest single source of consumer product VOC emissions in 
1990, at 46 t pd, the emission reductions realized from adopting these VOC 
standards for  “Hair Finishing Spray” products was signific ant. Statewide, the 80 
percent by weight VOC standard resulted in a VOC emissions reduction  of 7.2 tons 
per day , and the 55 percent by weight VOC standard resulted in an additional 14 
tons per day of VOC reductions . Both tiers of VOC standards have been federally 
enforceable as part of the State Implementation Plan since the consumer products regulation was approved as a SIP revision in early 1995 (CARB, 1997a).  
In 2013, the “Hair Finishing Spray”  definition was modified  and the category name 
was changed fr om “ Hair Spray” to “ Hair Finishing Spray ” to further clarify that the 
product is to be used to finish  styled hair  (CARB, 2013 ). 
c. Proposed VOC Standard and Reformulation Strategies  
Staff is proposing a 50 percent by weight VOC standard for the “Hair Finishing Spray” product category, with a proposed effective date of January 1, 2023 . The 
50 percent standard would result in a VOC reduction of 0.94 tons per day by 2023 , 
and 1.11 tons per day by 2031 . 
Staff is also proposing to modify the category definition to provide clarity that 
“Hair Finishing Spray” must be labeled to be sprayed on finished hair after the hair 
is styled , to distinguish the “Hair Finishing Spray” category from the “Hair Styling 
Product” category.  
Staff’s review  of hair care product labels  shows there can be  an overlap in label 
claims between “Hair Finishing Spray” products and other hair care products due 
to some similarities in functionality . Some hair finishing sprays contain color and 
glitter in their formulations . According to product directions, some temporary hair 
colors are applied to finished hair . “Hair Finishing Spray” products also claim to 
provide a shine to hair, which is a “Hair Shine” category claim. To create a better 
public understanding  of, and to avoid confusion that results in VOC emission 
reduction losses between hair care product categori es, staff is proposing to align 
the VOC standards for “Hair Finishing Spray,” “ Dry Shampoo,” “Temporary Hair 
Color,” and “Hair Shine” product categories.  
   
III-45 Table III-5:  Hair Finishing Spray Proposal*  
Proposed 
VOC 
Standard 
Wt. % Proposed 
Effective 
Date  Complying 
Product 
Formulations Complying 
Market   
Share**  Emission 
Reductions  
(tons/day ) 
*** 
50 1/1/2023  122 11% 0.94 
 *  Based on 2015 Consumer Products Survey data (CARB, 2019) 
** Based on mass of products sold . 
 *** 2015 Consumer Products Survey data emissions adjusted for complete market coverage.  
Currently, aerosol is the prominent form of th e “Hair Finishing Spray”  category. 
Reformulation options that can be used by manufacturers to meet  the proposed 
VOC standard include a reduction in the propellant and ethanol used . The exempt 
propellant HFC -152a can be used t o substitute for the hydrocarbon propellant . 
Increased use of water is a nother  likely re formul ation option to meet the proposed 
lower VOC standard . Reformulation options that can be used to meet the 
proposed VOC standard for the pump spray products include reducing the level of 
ethanol and substituting  it with water.  
   
III-46 2. Hair Shine  
a. Category Description  
Hair shine products are consumer  products labeled for the primary purpose of 
creating a shine when applied to the hair . “Hair Shine” products do not include 
“Hair Finishing Spray,” “Hair Mousse,” “Hair Styli ng Product,” or products whose 
primary purpose is to condition or hold the hair.  
Hair shine products are marketed for all hair types . Depending on product delivery 
system and form, hair shines are usually either sprayed directly onto the hair or 
applied to the palm of the hand and then distributed throughout the hair. These 
products co at the hair strands, smoothing the hair cuticle, to provide maximum 
light reflecting potential . “Hair shine” products may also offer heat protection, and 
may contain sunscreen or conditioners to help detangle, moisturize, or repair the 
hair. 
Hair shine  products are used both at home and in commercial establishments such 
as hair styling salons. They  are sold in discount, department, drug, and grocery 
stores, at beauty s alons and beauty supply stores, and on the Internet.  
“Hair Shine” is available in a variet y of forms, including liquids, pump sprays, 
aerosols, and semisolids. As shown in Table III-6, 229 hair shine product  
formulation s were sold in California in 2015 by 93 companies, with total category 
sales of 1.52 tons per day . Of these total sales, nonaer osol hair shines made up 
1.36 tons of sales per day, and aerosol hair shines made up 0.16 tons per day, with 
combined VOC emissions from all forms reported at 0.17 tons per day . The sales-
weighted average VOC content was about eight  percent by weight for the 
nonaerosol products,  and about 40  percent by weight for aerosol products (CARB,  
2019).  
Table  III-6:  Hair Shine Products*  
Product 
Form  Number of 
Companies  Number of 
Product -
Formulations  Category 
Sales  
(tpd) Sales- weighted 
Average VOC  
(Wt. %)** Adjusted VOC  
Emissions 
(tpd)** 
Nonaerosol  82 187 1.36 7.73 0.11 
Aerosol  30 42 0.16 40.47  0.06 
Total  93 229 1.52 11.07 0.17 
 *  Based on 2015 Consumer Products Survey data (CARB,  2019 ) 
 ** Survey emissions adjusted for complete market coverage . 
“Hair S hine” form ulations contain additives, such as mineral or plant oils, or volatile 
methyl siloxanes (VMS) to add a sheen . Aerosol and nonaerosol hair shine products  
also contain solvents  that are  used to carry the active ingredients onto the hair 
strands , which  then evaporate leaving  behind a thin coating of oil or VMS. The 
predominant solvent in both aerosol and nonaerosol formulations is ethanol . In 
addition to a dditives and solvents, aerosol “Hair Shine”  formulations contain 
propellant , and are very similar to aeros ol “Hair  Finishing Spray”  formulations .  
III-47 Hydrocarbon propellants in aerosol formulations are typically a liquefied mixture of 
isobu tane, propane and n -butane, or HFC -152a , as reported  in some of the 
formulations.  
Product and VOC speciation  for aerosol and n onaerosol “Hair S hine” products are 
shown in Figure s III-9 and III-10 , respectively.  
Figure III-9: Aerosol  Hair Shine Speciation 
 
Figur
e III-10:  Nona erosol  Hair Shine Speciation  
 
b. Regula
tory History  
CARB regulated the “Hair Shine” category under the “Mid -term Measures” of the  
III-48 Consumer Products Regulation, adopted in July of 1997, with a 55 percent VOC 
standard , which became effective on January 1, 2005 (CARB,  1997b) . At th e time of 
the 1997 rulemaking, no aerosol hair shine product existed on the market t hat 
complied with the proposed 55 percent by weight VOC standard . However, the 
Board adopted a Tier II standard of 55 percent by weight VOC, effective on June 1, 1999, for “Hair Finishing Spray” (originally called “Hair  Spray”) 
(CARB,  1997a ); manufacturers  expected to be able to comply with this standard  by 
June of 1999. Because of the similarities between the “Hair Shine” and “Hair 
Finishing Spray” categories, staff believed compliance could be achieved for the aerosol form of “Hair Shine” through the transfer of technology used to formulate “Hair Finishing Spray.”  In order to meet the then- proposed 55 percent standard , 
the VOC content of the aerosol hair shine formulations w as reduced by 
approximately 40 percent.  
The “Hair Shine” category has grown extensively since it was last surveyed in the Mid- term Measures 1994/1995 Consumer and Commercial Products Survey, when 
11 companies reported 24 products sold in California in 1995 . Aerosol hair shines 
reported in the 1994/1995 Survey were mostly designed and ma rketed for 
consumers with extremely curly hair. In contrast, hair shine products reported in the 
2015 Consumer Product s Survey  are labeled to be used on diverse types of hair, 
with the 2015 market in California mostly dominated by non -aerosol products .  
c. Proposed VOC Standard and Reformulation Strategies
  
Staff is proposing to lower the VOC standard for the “Hair Shine”  product category 
from the current 55 percent by weight to 50  percent by w eight, effective  
January 1, 2029 . Table III-7 below presents the a nticipated emission reductio ns and 
current complying market- share at the proposed  standard . As shown in  
Table III-7 , when fully effective, the proposed standard will result in VOC emission 
reductions of approximately 0.0 1 tpd. 
Table III-7:  Hair Shine Pro posal*  
Product 
Form  Proposed VOC 
Standard (wt. %)  Proposed 
Effective 
Date  Complying 
Product 
Formulations  Complying 
Market Share 
(%)*** VOC  
Emission 
Reductions 
(tpd)**  
Nonaerosol  50 1/1/2029 225 88 0.01 
Aerosol  50 1/1/202 9 35 82 0.00 
Total  50 1/1/2029 257 87 0.01 
* Based on 2015 Consumer Products Survey data (CARB, 2019) 
** 2015 Consumer Product s Survey  data emissions adjusted for complete market coverage  
*** Based on mass of products sold   
III-49 Staff recognizes that lower VOC standards for this category do no t achieve 
significant VOC reductions. However, this proposed standard is necessary to align 
with the proposed “ Hair Finishing Spray ” 50 percent VOC standard . Because some 
“Hair Finishing Spray” products may have functionalities similar to those of “Hair 
Shine”  products, such as providing a shine to hair, there may be an overlap 
between claims made by “H air Shine” products and “H air Finishing Spray”  
products . Proposed lower standards for “Hair Shine” products are intended to 
align with those for “ Hair Finish ing Spray ” by 2029 to help ensure products in the 
larger but similar “ Hair Finishing Spray ” category are not relabeled as “ Hair Shine ” 
to avoid being subject to more stringent VOC standards. This alignment of  hair 
care product VOC standards is needed to ensure  that anticipated emission 
reductions from the larger “Hair Finishing Spray ” category  are achieved , to meet 
2016 State SIP Strategy VOC reduction commitments . 
Reformulation options to comply with the proposed standards for aerosol “Hair 
Shine” products may include replacing the hydrocarbon propellant with HFC -152a, 
or with a mixture of hydrocarbon propellant and HFC -152a . Substituti on of  a 
portion of the VOC content with exempt siloxane compounds  is another 
reformulation option for both aerosol and nona erosol products . Although not 
considered a likely reformulation pathway for this product category, staff has determined that  LVP-VOC substitution options for VOC constituents currently 
present in existing product formulations would result in lower product ozone 
forming potential.    
III-50 3. Temporary Hair Color  
a. Category Description  
“Temporary Hair Color”  products are designed to apply a temporary layer of color 
or glitter to human hair, wigs, or animal fur. This product category also includes 
products that claim to cover thinning or baldness by thickening or adding texture, 
as well as glow -in-the-dark and black -light-activated products . “Temporary Hair 
Color ” products are different from demi -permanent, semi -permanent, and 
permanent hair dyes because they are not intended to last for more than one 
shampoo cycle . “Temporary Hair C olor” products are used for decorative purposes 
for a variety of event s, such as parties, sporting events, and theater .  
They are also used to cover grey hair, or as a temporary fix for hair roo t touch -ups 
between hair dyeing sessions. Pet owners also use these products on their pet’s fur 
to enhance their coats for shows and competitions, or for purely decorative 
purposes.  
“Temporary Hair Color”  products apply colorants that do not penetrate the hair 
cuticle . “Temporary Hair C olor” products deposit large color molecules between 
the cells of the hair cuticle to coat the surface of the hair.  
“Temporary Hair Color” products are sold in a variety of retail outlets, including mass -merchandiser retail chain stores, beauty supply stores, costume shops, 
novelty shops, party supply stores, and seasonal specialty shops (such as shops only 
open for the Halloween season), as well as on the internet . While sales for these 
products peak near Halloween, they are available, purchased, and used year -round.  
Most  “Temporary Hair C olor” aerosol products are sold as mists and foams, with 
over 90 percent of the market being mists . Both mist and foam forms of 
“Temporary Hair Color”  contain solvents and propellants. Solvents carry colorants 
onto the hair cuticle . Ethanol and a cetone  are the main solvents used in 
“Temporary Hair C olor” mist formulations . “Temporary Hair C olor” foam 
formulations use a combination of water and LVP -VOC  solvents. Propellants are 
used in both typ es of formulations to deliver active ingredients . The primary 
propellants present in these formulations are propane and butane blends, dimethyl 
ether, and occasionally HFC -152a.  
Figure III-11 shows the speciat ion and VOC speciation  for both “Temporary Hair 
Color” aeroso l mists and “Temporary Hair C olor” aerosol foams . The mist 
formulations also generally contain acetone  and HFC-152a , which  are exempt 
VOCs . These products average about  52 percent VOC  content, mainly from 
ethanol and hydrocarbon propellant , consisting of a liquefied mixture of n -butane, 
isobutene, and propane. The remainder of these formulations are  comprised of 
inorganic compounds and nonvolatile ingredients, which include polymers and 
resins, pigments or glitter, and other elements. The foam  formulations generally 
contain  water, propellants, nonvolatile ingredients, and fragrance. Only a few  
companies reported “T emporary Hair C olor” products of the foam form in 
response to the 2015 Consumer Product s Survey. In Figure III- 11, these products 
have been included with the mists.   
III-51 Figure III-11:  Temporary Hair Color Speciation ( All Product Forms ) 
 
Tab
le III-8 lists the number of product manufacturers, product formulation s, 
category sales, sales weighted average VOC content , and VOC emissions in the  
“Temporary Hair Color” category, from the 2015 Consumer Product s Survey  
results. 
Table III-8:  Temporary Hair Color Products*  
Number of 
Companies Number of 
Product-
Formulations  Category 
Sales 
(tpd) Sales-
weighted 
Average VOC 
(Wt. %)**  Adjusted VOC 
Emissio ns 
(tpd)**  
12 40 0.41 52.19  0.21 
 *  Based on 2015 Consumer Products Survey data (CARB, 2019) 
 ** 2015 Consumer Product s Survey  data emissions adjusted for complete market coverage . 
b. Regulatory History  
The “Temporary Hair Color” product category was origi nally created in 2006 to 
differentiate these types of products from “ Hair Finishing Spray ” products . At the 
time, many “Temporary Hair C olor” aerosol sprays made holding claims consistent 
with “Hair Finishing S pray” claims (CARB, 2006) . In order to avoid b eing subject to 
the “Hair Finishing Spray ” VOC standard, many aerosol temporary hair color 
manufacturers changed their labeling by removing style/finishing claims. In a 
November 2006 rulemaking, CARB set a VOC standard of 55 percent by weight for 
the then-new “Temporary Hair Color” product category, in part to address t his  
III-52 relabeling dynamic and resulting lost  emission reductions. The “Temporary Hair 
Color” 55 percent VOC  standard became effective on December 31, 2010.  
Prior to the 2006 regulatory amendment s, aerosol “T empo rary Hair C olor” product 
formulations were similar to “Hair Finishing Spray”  product formulations in use 
before the adoption of the lower VOC standards for “ Hair Finishing Spray. ”  The 
aerosol “Temporary Hair C olor” products were typically comprised of propellant, 
ethanol, and resins or polymers in similar proportions to hair sprays. The color 
products, however, contained a small percentage of pigments or glitter in addition 
to other components . Most of the “Temporary Hair C olor” products did not, at the 
time, comply with the then -proposed 55 percent by weight VOC standard . Most 
“Temporary Hair C olor” manufacturers reformulated the mists and, as a result, 0.13 
tons per day of VOC emissions were reduced from this category by 2010.  
c. Proposed VOC Standard and Reformulation Strategies  
“Temporary Hair Color” is currently regulated at a 55 percent by weight VOC 
standard, and was responsible for  0.21 tons per day of VOC emissions in 2015. 
Staff is proposing a 50 percent by weight VOC standard, to bec ome effective 
January 1, 2029. Table III-9, below, shows the resulting emissions and currently -
complying market- share at the proposed standard.  
Table III-9:  Temporary Hair Color Proposal*  
Proposed 
VOC 
Standard  
Wt.%  Proposed 
Effective 
Date  Complying 
Produ ct 
Formulations     Complying 
Market 
Share 
(%)** Adjusted 
Emission 
Reductions  
(tons/day)** * 
50 1/1/2029  5 3 0.02 
 *  Based on 2015 Consumer Products Survey data (CARB, 2019)  
** Based on mass of products sold.  
 *** 2015 Consumer Products Survey data emissions adjusted for complete market coverage.  
Table III-9 shows that the proposed standard will result in VOC emission reductions 
of approximately 0.02 tons per day by 2029. Table III-9 also shows that only three 
percent of the product mass of the “ Temporary Hair Color ” category sold in 2015 
comply with the proposed 50  percent by weight VOC standard . A similar situation 
occurred in 2006, when this category was initially regulated . At the time, the 
“Temporary Hair Color” product category had a much smaller complying market 
share, and a shorter time to comply with the proposed VOC standard (CARB, 
2006) , but were still able to comply on time . 
Based on stakeholder s’ feedback, staff is proposing to implement the  new 
proposed  standard for this category in 2029 . This would allow  “Temporary Hair 
Color ” product  manufacturers eight  years to comply with a 50 percent by weight 
VOC standard . As mentioned previously, there are two types of “ Temporary Hair 
Color: ” foams and mists . Currently, most of the foam products already meet the 
proposed VOC standard. Foam products that are not meeting the proposed 
standard ca n be reformulated by increasing the water content, or by replacing  
III-53 hydrocarbon propellants with non -hydrocarbon propellants or exempt propellants . 
A similar reformulation approach can be used by manufacturers of mist products 
form . This includes substituting exempt propellant such as HFC -152a  for 
hydrocarbon propellants  or substituting ethanol  with an exempt material such as 
acetone.  
Staff has proposed a 50 percent  by weight  VOC standard for “Temporary Hair 
Color” due to the potential for  overlap of functionality with “ Hair Finishing Spray ” 
and “Dry Shampoo ” products . When the “ Hair Finishing Spray ” product category 
was regulated in 1990, manufacturers changed product l abel claims to match that 
of “Temporary Hair Color” products . As a result, CARB set a VOC standard for 
“Temporary Hair Color” to align it with the standard for “Hair Finishing Spray.”   
Some “Hair Finishing Spray ” products still have functionalities simila r to 
“Temporary Hair Color,” as colorant ingredients are occasionally used in hairsprays. 
“Dry Shampoo ” also utilizes colorant to hide any starch that may otherwise be 
visible upon product application . Setting identical VOC standards across all  hair 
care product categories would help to remove any potential confusion for 
manufacturers and help simplify program implementation , and, as discussed 
previously, help ensure that anticipated VOC reductions from hair care categories 
are achieved . 
   
III-54 4. Dry Shampoo 
a. Categ ory Description  
“Dry Shampoo” (currently defined as “No Rinse Shampoo”) products are consumer 
products designed to be applied to dry hair to clean, absorb oil, and eliminate 
odor , and are removed from the hair without the use of water . “Dry Shampoo” is 
intended to be massaged into the hair or applied to the roots of the hair  and 
subsequently  combed/brushed through the hair or toweled out of  the hair to 
remo ve most or all of it for the primary purpose of renewing, refreshing, or 
bringing back volume , and/or to maintain personal hygiene. A lipophilic ingredient, 
typically a  starch , in the product absorbs the oil in the hair or at the roots of the 
hair. 
“Dry Shampoo” products are packaged and sold as aerosol  mists or foams , 
powder s, and liquid s: 
• The aerosol mis t product form is sprayed onto the hair , concentrating on the 
roots.  
• The foam  form  can be either sprayed into the palm of the hand and then 
applied to dry hair, or just applied directly to the dry hair.  
• Powder products are  sprinkled onto or squirted into the hair, concentrating 
on the roots.  
• Liquid products are  available in a disposable cap or squirt bottle . The cap is 
applied to the head and hair , which is then massaged through the cap until 
the hair is saturated . For the liquid form in a squirt bottle, th e liquid in the 
squirt bottle is squirted onto the hair until the hair is saturated, then 
massaged into the hair. Liquid forms in b oth the squirt bottle and cap are 
toweled from the hair to remove.  
All of these product forms require a short contact period in order for the oils to be 
absorbed into the lipophilic substrate (starch) and refresh the hair . For all product 
forms, the oil  bound to the starch substrate is combed, brushed, or toweled out of 
the hair.  
“Dry Shampoo” products are used in private homes,  institutional setting s such as 
hospitals and nursing homes, and in commercial establishments such as hair salons . 
“Dry Shampoo” products are  sold in medical supply, discount, department, dr ug, 
grocery, and beauty supply  stores, as well as in b eauty salons  and on the Internet.  
2015 Consumer Product s Survey  data indicates that about  90 percent  of dry 
shampoo products are aerosols, and the remaining 10 percent consist of dry  
powder and liquid forms . The aerosol form has the highest level of VOCs for these 
types of products . The liquid form contains very low VOC concentrations , and the 
powder form does not contain VOC ingredients. 
Figure III- 12 provides  the product speciation and VOC composition for this product 
category.  
   
III-55 Figure III-12:  Dry Shampoo Speciation 
 
The V
OC content of “Dry Shampoo”  products range from zero percent to 99 
percent by weight . The key VOC ingredients in “Dry Shampoo” are hydrocarbon 
propellants  and ethanol . The purpose of the propellant s is to deliver the oil -
absorbing ingredients from  the can to the hair . The m ain functions of ethanol,  a 
solvent , are to suspend the oil -absorbing  ingredients and to help the product 
remain dry, so it can evaporate from the hair and leave the oil -absorbing 
ingredients on the hair and scalp.  
As shown in Fi gure III- 12, typical VOC propellants for the aerosol and liquid 
product forms include isobutane, p ropane, and n -butane . Some formulations 
contain the exempt propellant HFC -152a . There is also a small amount of fragrance 
in “Dry Shampoo” formulations . The p owder form does not contain solvents  or 
propellants, so its VOC content is much lower  than the aerosol or liquid forms . The 
formulations also contain lipophilic ingredients , such as rice starch  or silica , to 
absorb oil ; various oils ; siloxanes to provide s hine; and fragrance.  
Dry shampoo  products are experiencing a faster growth rate than most of the other 
hair care products surveyed in 2015. In a previous personal care products survey 
conducted in 2003, “Dry Shampoo” had not been reported  as being sold in 
California . In contrast, in the 2015 Consumer Product s Survey , 75 companies 
reported 94 product formulation s in this category, with 1. 29 tons per day sold and 
1.04 tons per day of VOC emissions, as indicated in Table III- 10. 
   
III-56 Table III -10:  Dry Shampoo Pr oducts*  
Number of 
Companies  Number of 
Product  
Formulations  Category Sales 
(tpd) Sales- weighted 
Average VOC 
(Wt. %)** Adjusted VOC 
Emissions 
(tpd)** 
51 94 1.29 81.00 1.04 
*  Based on 2015 Consumer Products Survey data (CARB, 2019)  
** 2015 Consumer Product s Survey  data emissions adjusted for complete market coverage  
b. Regulatory History  
“Dry Shampoo” is currently defined  as “No Rinse Shampoo ” in the Consumer 
Products Regulation . In the 2013 rulemaking, th e “No Rinse Shampoo ” category 
was added to the Consumer  Products Regulation  to differentiate these products 
from conventional shampoo and hair styling products , in response to stakeholders’ 
requests for clarification  that “No Rinse  Shampoo” products that made no styling 
claims  were not hair styli ng products su bject to a VOC standard . 
c. Proposed VOC Standard and Reformulation Strategies  
“Dry Shampoo”  product sales are experiencing a faster growth rate than most 
personal care products  that reported sales in the 2015 Consumer Product s Survey . 
To address the resultan t growing VOC emissions from the use of these types of 
products, staff  is proposing to regulate VOC emissions from  this category in two 
stages. The VOC standard proposed for  the first stage, Tier I, is 55 percent by 
weight, with an effective date of Januar y 1, 2023. The VOC standard proposed for 
the second stage, Tier II, is 50 percent by weight, with an effective date of 
January 1, 2029. The powder, liquid, and cap forms of “Dry Shampoo” will mostly 
be unaffected by this proposal , as they contain minimal V OCs and already meet the 
proposed standard s. Most aerosol dry shampoo  products  would  need to be 
reformulate d to meet the new VOC standard s, which staff believe is feasible. As 
shown in Table III- 11, staff’s proposal  would  achieve approximately 0.58 tons per 
day VOC reductions in 2023, and 0. 78 tons per day VOC reductions  in 2031 . Table 
III-11 below presents the emission reductions and currently complying market- share 
at the proposed  standard . 
Table III -11:  Dry Shampoo Proposal*  
Category 
Name  Proposed 
Effective 
Date  Proposed 
VOC 
Standard  
(Wt.% ) Complying 
Product  
Formulations  Complyin
g Market 
Share 
(%)** Adjusted 
Emission 
Reductions  
(tons/day)** * 
Dry 
Shampoo  1/1/2023  55 37 13 0.58 
1/1/2029  50 35 12 0.78 
* Based on 2015 Consumer Products Survey data (CAR B, 2019)  
** Based on mass of products sold . 
*** 2015 Consumer Products Survey data emissions adjusted for complete market coverage.   
III-57 Table III-11 above shows that in 2015, 37 “Dry Shampoo” products, representing 
about 13 percent of the market, were already in com pliance with the proposed Tier 
I VOC standard . The majority of “Dry Shampoo” products reported in the 2015 
Consumer Product s Survey are aerosol products , some of which  were  also in 
compliance with the proposed standard.  
The two princip al VOC ingredie nts in aerosol “Dry Shampoo”  are the propellant, 
usually hydrocarbon based, and the carrier solvent, typically an alcohol . 
Reformulation  strategies that can be used to meet the proposed standards include 
substituting hydrocarbon propellants with non- hydrocarbon propellants or exempt 
propellant , or substituting VOC carrier solvent with non -VOC solvent , 
demonstrating the feasibility of this proposed standard . 
C. Personal Fragrance Product  
1. Category Description  
“Personal Fragrance Product”  is currently defined as any product which is applied  
to the human body or clothing for the primary purpose of adding a scent or 
masking a  malodor, including, but not limited to, cologne, perfume, aftershave, 
toilet water, lotion, powder, body mist, and body spray. Products specif ically 
excluded from the category are Deodorants, which are regulated in Article 1 
(title 17, CCR, sections  94500- 94506.5) and are labeled to provide a scent or 
minimize odor when applied to the human axilla ; medicated products; mouthwash; 
skin care produc ts to be used primarily to alleviate dry and irritated skin; and other 
possibly -fragrance d products that have a primary function other than the application of 
scent generally to the body and/or clothing.  
The number of manufacturers, product  formulation s, sales, average VOC content, 
and VOC emissions from products in the “Personal Fragrance Product” category , 
based on the 2015 Consumer Product s Survey data, are presented in the table 
below.  
Table III-12:  Personal Fragrance Products*  
Fragrance 
Content  
(Wt.% ) Number of 
Companies  Number of 
Product -
Formulations  Category 
Sales ( tpd) Sales-
weighted 
Average VOC 
(Wt. %) Adjusted 
VOC 
Emissions 
(tpd)** 
< 20*** 141 2,715  21.16  69.22  14.64  
> 20 38 166 0.28 71.94  0.20 
ALL 141 2,881 21.44  69.26  14.84  
*  Based on 2015 Consumer Products Survey data (CARB, 2019) . Includes “Deodorant Body 
Spray ” and “Aftershave”  Products.   
III-58 ** 2015 Consumer Product s Survey  data emissions adjusted for complete market coverage . 
 
As shown in Table III- 12, the sales of  products in this category with more than 
20 percent fragrance is negligible compared to products  in this category  with less 
than or equal to 20 percent fragrance .  
After an extensive review of labels and formulas from products with 20  percent or 
less fragrance, staff found that , although not lending themselves easily to 
regulatory definition , the products  can generally be grouped into four sub types: 
fragrance mist, fragrance body spray, aftershave , and eau de parfum/eau de 
cologne /eau de toilette ( EDP/EDC/EDT ). The f ollowing is a d escription of each 
type.  
Fragrance Mist:  
Fragrance mist products are packaged with a pump spray delivery system. They 
may mention uses “for the body,” but this tends to be an incidental claim , or it may 
not contain any such claim at all . Other claims inclu de scent ing the air, clothing , or 
personal spaces. These products are  designed, in general, to add a subtle 
fragrance to one’s personal space, and the amount of product dispensed  per use is 
typically higher than for EDP /EDC/EDT  products.6  Fragrances deliv ered in this 
subtype  typically contain fruity, herbal or floral notes , or a combination thereof . 
Some  of these products have functions other than imparting a fragrance, such as 
moisturizing or imparting a sheen or glitter to the skin.  
A typical formulation  consists of around three  percent fragrance, 70 to 75 percent 
ethanol, and water as the remainder . Depending on the various product functions 
previously mentioned , (such as moisturizing or imparting a sheen or glitter to the 
skin) other ingredients may include small amounts of silicones, oils, surfactants, 
emollients , or glitter.  
The fragrance mist subtype makes up six percent of ”Personal Fragrance Product” 
formulations , and is produced by 16 percent of the  companies  that reported  
making “Personal Fragrance Product. ”  The average fragrance content is 
3.3 percent,  and the average VOC content, not including fragrance,  is 72 percent . 
As illustrated in Fig.  III-14, products potentially identified as  fragrance mists 
account for about 39 percent of the VOC emissi ons of the “Personal Fragrance with 
less than or equal to 20%  Fragrance” subcategory.  
Fragrance Body Spray:  
Fragrance body spray products include “ Deodorant Body Spray”  and other 
products sprayed all over the body that mainly function to impart a scent to the 
body . “Deodorizing” can be a function of this subtype , but the products are 
distinguished from deodorant products by the absence of any indication that the 
product can be used on or applied to the human axilla (underarms) to provide a 
scent and/or mini mize odor . “Deodorant Body Spray”  is a subcategory of the 
“Personal Fragrance Product”  category, and is defined in the regulation as a 
                                                      
6 A product which only claims to add a fragrance to the air would be categoriz ed as an air 
freshener and would not be included in this analysis.   
III-59 product “that is designed for application all over the human body to provide a 
scent.”  This subcategory consists primari ly of products supplied in a pressurized 
aerosol package , with the remainder of fragrance body sprays typically being  non-
aerosol pump sprays  which  can be sprayed on the body ( and sometimes also to the 
hair and on clothing ). As is the case with fragrance m ist, fragrance body sprays  can 
also make  other claims , such as adding a shimmer , moisturizing the skin , or 
providing a sunscreen.  
Fragrance body spray fragrance content ranges from less than one  percent to 
nine percent , with the greatest sales by mass occu rring in the two  to three  percent 
range . The ethanol content ranges from zero to 75 percent , with the greatest sales 
by mass occurring in the 69 to 70  percent range . After ethanol and fragrance 
content, the remainder is mostly water. Depending on the claim s made, other 
ingredients in the formula can be emollients, silicone, glitter, surfactants,  and UV 
absorbe rs. 
The fragrance body spray subtype makes up 10 percent of “P ersonal Fragrance 
Product”  formulations , with an  average fragrance content of  2.9 percen t and an 
average VOC content, not including fragrance,  of 69 percent. As illustrated in 
Fig. III-14, fragrance body sprays account for about  32 percent of the VOC 
emissions  of the “Personal Fragrance with less than or equal to 20%  Fragrance ” 
subcategory.  
After Shave:  
After shave products are to be applied after shaving , and include balms, lotions 
and “splashes.”  They are packaged as pourable liquids, or in pumps and squeeze bottles . Some products are akin to a more dilute version of a “fragrance line ,” 
which would include a cologne, EDT spray , and an after shave, the main purpose of 
which is to impart a fragrance to the skin (mainly around the face and neck) . Other 
after shave  products are designed to treat the skin after shaving , and contain 
emollients and /or oils to moisturize the skin after shaving . Other uses of an after 
shave, besides imparting a fragrance, include functions such as hydrating and protecting the skin, stopping the spread of bacteria, preventing “bumps” and ingrown hairs,  and soothing and  calming the skin.  
The after shave subtype makes up about six percent of “Personal Fragrance 
Product”  formulations . Ethanol concentration in this subtype varies from zero to 75 
percent , while the  average fragrance content is 2.3  percent and the average VOC  
content, not including fragrance , is 38 percent. As shown  in Fig.  III-14, after shave 
products account for about four percent of the VOC emissions of the “Personal 
Fragrance with less than or equal to 20%  Fragrance”  subcategory.  
EDP/EDC/ EDT: 
EDP/EDC /EDT  products are typically sprayed on pulse points and include roll -on 
and solid  products . They are generally applied at smaller dosage levels than the 
other subtypes,  and do not have any other function than the application of 
fragrance to the body or clothing for the purpose of adding a distinctive fragrance to one’s personal space.   
III-60 EDP/EDC/EDT  products are the most simply formulated products . They consist 
predominantly of fragrance compounds, ethanol , and water . EDP/EDC/EDT s may 
contain very small amounts of o ther ingredients, such as colorants, UV filters , and 
antioxidants . Fig. III-13 illustrates the sales mass of each subtype  at each fragrance 
level. As shown in the graph, EDP/ EDC/ EDTs typically have higher fragrance 
contents than the other subtypes. A typical formulation consists of 10 percent 
fragrance, 70  percent ethanol , and less than one- half percent additives, with the 
balance being water.  
This subtype makes up 78 percent of “P ersonal Fragrance Product” formulations , 
and is produced by 69 percent of the  companies  making personal fragrance 
produc ts. EDP/EDC/EDT products typically have much higher fragrance content 
than the other subtypes of PFP, and most EDP/EDC/EDT products are comprised 
of more tha n ten percent fragrance . The average fragrance content f or 
EDP/EDC/EDT products is 10.8  percent , and the average VOC content, not 
including fragrance , is 71 percent. As illustrated in Fig. III- 14, EDP/EDC/EDT s 
account for about  25 percent of the VOC emissions from  the “Personal Fragrance 
with less than or equal  to 20%  Fragrance ” subcategory. 
Figures III -13 and III -14, below,  illustrate the product average fragrance content 
distribution and VOC emissions contribution by product subtype.   
Figure III-13:  Subtype Product Sales Mass per Fragrance Content  
 
  
 
III-61 Figure III-14:  Personal Fragrance Product Subtype VOC emissions  
 
2. Regulatory History  
Personal fragrance p roducts were regulated under “Phase II” of the Consumer 
Products Regulation , adopted in January of 1992. At that time, the category was 
responsible for 5.45 tons per day of VOCs , with the “perfume/cologne/toilet 
water” subcategory contributing about four  tons per day . At the hearing, the Board 
divided the entire “Personal Fragrance Product” category into two subcategories, 
“based on the fragrance content of products instead of  on different definitional 
subcategories of personal fragrance products ” (CARB,  1992) . As stated in th e Final 
Statement of Reasons for that rulemaking , “this modification was made to allow 
greater flexibility to industry in complying with the standards, and to avoid 
definitional problems in clearly distinguishing the boundaries of each product 
subcategory” (CARB,  1992) . The dividing line , based on a product’s fragrance 
content,  used to distinguish the two subcategories of “Personal Fragranc e 
Product” in the 1992 rulemaking , was 20 percent fragrance.  
Products with 20  percent or less fragrance were required to meet a VOC standard  
of 80  percent by weight, effective in 1995. A second tier standard  of 75  percent by 
weight became effective in 1999. Products with more than 20  percent fragrance 
were required to meet a VOC standard  of 70  percent by weight, effective in 1995. 
A second tier standard  of 65  percent by weight became effective in 1999 
(CARB,  1992).  
In addition, the Board provided an exemption from the standards in section 94509(a) for products existing or in development on or before April 1,  1992 , or that 
were sold in California before January  1, 1994 . The January  1, 1999  “Personal 
Fragrance Product”  standards  would not apply to products whi ch had been sold in 
California prior to that date , so the second tier standards  would only apply to 
products introduced after 1999 . A further exemption, section 94510(j), specified 
that the VOC standards in section 94509(a) would  not apply to any VOC which  is a  
III-62 fragrance in a “ Personal Fragrance Product”  category or subcategory 
(CARB,  1992) , effectively allowing for products composed nearly entirely of VOCs.  
The next and most recent  time the “Personal Fragrance Product” category 
requirements were amended  was in 2008. At that time, the Board ended the 
exemption from the VOC standards for “P ersonal Fragrance Product”  existing or in 
development on or before April  1, 1992 , and on the market  in California prior to 
1994,  for products that contain 20  percent or les s fragrance, effective 
December  31, 2014 . Also, effective December  31, 2014, the Board ended  the 
exemption from the 75 percent VOC  standards  for ”Personal Fragrance Product”  
on the market  in California prior to January 1, 1999, for products containing 
20 percent or less fragrance . The net result was that the 75 percent VOC standard 
for the subcategory of products containing 20  percent or less fragrance was 
phased in for all products in the subcategory , regardless of when they were 
originally sold in Califor nia. 
For products with more than 20 percent fragrance, the exemptions remain in place. 
Therefore, products in this subcategory that exist ed or were in development on or 
before April  1, 1992 , and were sold in California before January  1, 1994, are not 
subject to a  VOC standard . Products that were introduced after that time, but 
before 1999, are required to meet the VOC standard of 70 percent by weight . 
Products introduced after 1999 are required to meet the VOC standard of  
65 percent by weight. Lastly, clari fying language was added to the definition to 
include lotions, powders, body mists and body sprays  in the “Personal Fragrance  
Product” category.  
3. Proposed VOC Standard and Reformulation Strategies  
CARB has not adopted any new VOC standards  for the “Personal  Fragrance  
Product”  category since it was first regulated in 1992. The current VOC standard  
for “Personal Fragrance Product ” with 20 percent or less fragrance is still 
75 percent VOC by weight , and t he current VOC standard for “ Personal Fragrance 
Product”  with more than 20  percent fragrance is still 65 percent VOC by weight . 
Both standards became effective January 1, 1999.  
To address  the growth in emissions from consumer products since the 1992 
rulemaking , staff is proposing more stringent VOC standards for  Personal 
Fragrance Products in two tiers . Staff is proposing to shift the threshold which 
divides “low” and “high” fragrance products from 20  percent to seven percent as 
of January 1, 2023, and to 10 percent  as of January  1, 2031. The proposal  would  
also differentiate between aerosol and nonaerosol forms of fragrance products  in 
applying the two new tiers of VOC standards.  
For the first tier, proposed to become effective on January 1, 2023, products with 
seven  percent or less fragrance and aerosol products  at all fragrance levels, b oth of 
which are currently subject to a 75  percent VOC standard, would be required to 
meet a new standard of 70 percent . Nonaerosol products with more than 
seven  percent fragrance would still be subject to the  75 percent standard . This 
maintains the current 75 percent standard  for nonaerosol products with a fragrance 
content greater than seven percent but less than or equal to 20 percent. For  
III-63 nonaerosol products with a fragrance content greater than 20  percent, the result is 
an in crease in the VOC standard from 65 to 75 percent. Since the sales mass of this 
subcategory accounts for about one  percent of the whole “Personal Fragrance 
Product” category, the potential increase in emissions is negligible compared to 
the reductions achieved for the overall category (CARB,  2019) . Such an approach 
maximizes potential VOC reductions from this “Personal Fragrance Product” while maintaining a single regulatory fragrance threshold , to facilitate program 
implementation and enforcement . As previo usly mentioned, products in existence 
with more than 20  percent fragrance as of the 1992 rulemaking remain subject to  
an 80 percent VOC standard ; staff’s  proposal would not impact the VOC content of 
these  longstanding products.  
Table III-13:  Personal Frag rance Product Proposal*  
Proposed 
Subcategory   
(% indicates 
fragrance 
level)  Proposed 
VOC 
Standard 
(Wt. % ) Proposed 
Effective Date  Complying 
Product-
Formulations 
(%) Complying 
Market -
Share  
(%)** Adjusted 
Emission 
Reductions 
(tons/day)** * 
< 7%+ 70 1/1/2023  56 45 0.41 
< 10% 50 1/1/2031  20 5 5.05 
> 10%++ 
(nonaerosol)  75 1/1/2023  ALL ALL NONE++ 
> 10% 
(aerosol)+++ 70/50  2023/ 2031  N/A N/A NONE+++ 
*Based on 2015 Consumer Products Survey data (CARB, 2019)  
** Based on mass of products sold  
*** 2015 Consumer Pro ducts Survey data emissions adjusted for complete market coverage.  
+Nonaerosol products with fragrance content greater than seven percent would be exempt from the 
first tier standard.  
++All nonaerosol products with more than 10 percent fragrance are curren tly regulated at a standard 
of either 65 or 75 percent VOC by weight.  
+++No aerosol products were found in the 2015 Consumer Product s Survey  with more than 10  percent 
fragrance.  
 
For the second tier, effective January 1, 2031, products with 10 percent or l ess 
fragrance , and aerosol products at all fragrance levels , would be subject to a 
50 percent VOC standard . This would leave nonaerosol products with fragrance 
levels of greater than 10 up to and including 20 percent at the  existing standard of 
75 percent.  And nonaerosol products with more than 20  percent fragrance would 
remain at their first- tier standard of 75  percent.  
As shown in Table III- 13, the proposed first -tier standard will result in an estimated 
VOC emission reduction of 0 .41 tons per day in 2023. The proposed  second -tier 
VOC standard of 50  percent VOC, effective January 1, 2031,  would reduce 
emissions from “ Personal Fragrance Product”  by 5.05 tons per day  in 2031 .  
III-64 Aerosol and nonaerosol “ Personal Fragrance Product ” would  have distinct 
reformulati on path ways . For the nonaerosol form, a common formulation for 
fragrance body sprays and eau de parfums consists of ethanol, fragrance water,  
and trace amounts of LVP -VOCs . For these products , reformulation would likely 
consist of replacing some of the ethanol content with water . Innovative choices of 
additives, fragrance ingredients , and possibly also pump spray hardware may also 
facilitate compliance with proposed standards . Other types  of products with more 
diverse  product functions (as described above)  tend to include  more ingredients, 
with a corresponding increase in LVP -VOC ingredients and content . Among these 
formulations, more latitude exists for innovation with additive ingredients.  
Fragrance body spray is the only “ Personal Fragrance Product”  subty pe packaged 
in aerosol form  reported in the 2015 Consumer Product s Survey . For this form, 
products can be formulated with exempt propellant  in place of hydrocarbon 
propellants . There are also p roducts with lower VOC content  in the category are 
currently fo rmulated with dimethyl ether. Even though dimethyl ether is a VOC, it 
has much greater solubility in water than hydrocarbon propellants , which allow s for 
a finer spray with products formulated with water. Therefore, it allows formulation  
with a higher amou nt of water and reduced  amounts of ethanol , reducing VOCs 
emitted . 
CARB staff believes that it will be possible for responsible parties to reformulate to 
meet the new standards of 70 and 50 percent VOC by weight by 2023 and 2031, 
respectively. Staff expect s utilization  of solubilizers would facilitate compliance with 
the 50 percent standard . Even though VOC standards for “ Personal Fragrance 
Product”  have remained unchanged since 1992, m ultiple  pressures to create a new 
market segment for nonalcoholic fragra nces bega n to take place worldwide in 1993  
(Blakeway , 1993 ). This kind of technology is currently being used in “Personal 
Fragrance Product”  formulations with lower VOC content, and staff expect its use 
to grow if this proposal is adopted.  
However, staff recognizes that the 50  percent standard presents technical 
challenge s and may be technology forcing for industry. Although evaluation of  the 
product formulation data received during the 2015 Consumer Product s Survey 
indicate that 20  percent of product formu lations would comply with the proposed 
standard, CARB staff has committed to industry stakeholders to conduct another 
full technical assessment of the Tier  2 standard by 2027 to determine if the 
50 percent VOC standard for products with less than or equal to 10  percent 
fragrance will continue  to be technically and economically feasible  across all 
”Personal Fragrance Product”  subtypes. To conduct that further technical 
assessment, staff would collect survey data of 2025 calendar year product sales, 
formulati ons, and reports of industry efforts and progress in meeting the 2031 
standard . In new proposed subsection 94513(i ), “Personal Fragrance Product ” 
manufacturers would be required to supply detailed written updates on their 
research and development efforts u ndertaken to achieve compliance with the 2031 
VOC standard . The reports would include sales and formulation data for current 
products . Staff would use this information to assess the continued feasibility of the 
2031 standard . CARB commits to not publicly d isclose  any manufacturer- provided  
III-65 information that could  compromise a company’s trade secrets and/or ability to 
protect its proprietary information via the patent process , consistent with CARB’s 
approach to prior consumer product technology assessments . 
D.  Crawling Bug Insecticides (Aerosol)   
1. Category Description  
“Crawling Bug Insecticide ” products are consumer pesticide products designed to 
eradicate non -flying household insects or pests,  such as ants, cockroaches, spiders, 
mites, and other crawling bugs . These products may also be used  in janitorial,  
institutional , or commercial  settings,  but exclude products  that are designed 
specifically for use by licensed pest control operators  (PCOs) . “Crawling Bug 
Insecticide ” products do not include products designed to be used exclusively on 
humans or animals, or any house dust mite products.  
Insecticide products  that are sold in California must be registered with the 
California Department of Pesticide Regulation and , in accordance with  the Federal 
Insecticide, Fungic ide, and Rodenticide Act,  with U.S. EPA . Insecticides used by 
PCOs generally either contain higher levels of active ingredients than their 
consumer -use counterparts or contain restricted materials that require a permit for 
use and possession . These product s fall under the authority of DPR and are not 
available to typical consumers, so they are excluded from this regulation.  
“Crawling  Bug Insecticide”  products  are sold in supermarkets,  mass  merchandise  
outlets,  hardware stores,  nurseries,  and other locations , including  the internet . 
These products are used around homes, offices, and commercial  and institutional  areas.  
“Crawling  Bug Insecticides ” are available  in a wide  variety of product  forms , and 
incorporate  many different strategies for controlling insects . The most common 
forms include bait stations, residuals  (solid  granules),  liquids,  and aerosols . Only the 
aerosol form of these products is discussed in this chapter . Aerosol  “Crawling Bug 
Insecticides, ” while targeting specific insects such as ants and roaches, are usually  
effective against many other crawling  pests as well . 
Aerosol crawling bug insecticides are typically formulated with one or more active 
ingredient s that make up less than one percent of the aerosol product and 
propellants, with the rema inder consist ing of inactive ingredients . Inactive 
ingredients include the carrier, which is either an organic solvent or water with emulsifiers. Inactive ingredients may also include attractants, pheromones, 
fragrances to mask unpleasant odors, and other ancillary ingredients.  
Hydrocarbon propellants are most commonly used, and typically consist of a 
liquefied mixture of mostly propane and isobutane,  as well as n- butane. Carbon 
dioxide has also been observ ed in the 2015 Consumer Product s Survey results as a 
propellant . Water -based formulations typically contain hydrocarbons as a 
propellant.  
Typical solvents in solvent -based products include various petroleum distillates 
(both VOC and LVP -VOC, and primarily aliphatic hydrocarbon solvents); glycol  
III-66 ethers (e.g . propylene glycol n -butyl ether, diethylene glycol monobutyl ether) ; 
alcohols (e.g. ethanol and isopropyl alcohol) ; and others. Typical solvents in water-
based products include water, glycol ethers, alcohols, and other water mixable 
solvents.  
Figure III-1 5 illustrates  the VOC co ntribution of various ingredient  types used  in this 
product category.  
Figure III-15:  Aerosol Crawling Bug Insecticide Speciation 
 
The active ingredient is the compound that carries out the desired insecticidal 
function . The abilit y of an active ingredient to actually kill insects, rather than flush 
them out or just provide knockdown , is a key measure of its activity. Products may 
contain one or more active ingredients, targeting the same or different metabolic functions of the insect. 
The most commonly used active ingredients in this product category are pyrethrins  
and pyrethroids . Pyrethrins  are natural extracts from the Chrysanthemum flower. 
They are oily liquids that were discovered to have insecticidal properties centuries 
ago. Pyrethroids are synthetic derivatives of pyrethrins that have improved killing 
power, knockdown , or flushing ability . Pyrethrins and pyrethroids have low 
mammalian toxicity, yet are highly effective against insects, which is why their use in 
consumer insec ticides is prevalent.  
The number of manufacturers and product  formulation s, sales, average VOC content,  
and VOC emissions from  aerosol “Crawling Bug Insecticide ” products based on the 
2015 Consumer Product s Survey  data are presented in the table  below.  
   
III-67 Table III -14:  Crawling Bug Insecticide (Aerosol) Products*  
Number of 
Companies  Number of 
Product -
Formulations  Category 
Sales ( tpd) Sales- weighted 
Average VOC 
(Wt. %)* Adjusted VOC 
Emissions ( tpd)** 
25 87 15.60  12.32  1.92  
*  Based on 2015 Consumer Prod ucts Survey data (CARB, 2019)  
** 2015 Consumer Product s Survey  data emissions adjusted for complete market coverage  
2. Regulatory History  
Crawling bug insecticides (all forms) were first regulated under Phase II of the 
Consumer Products Regulation,  which was adopted in January of 1992. The Board 
adopted a two -tier standard  for these products, setting a VOC standard  of 40 
percent by weight , effective January 1, 1995, and  a 20 percent by weight  VOC 
standard , effective January 1, 1998 . For products subject to reg istration 
requirements under FIFRA, an additional year wa s granted to come into  
compliance  with the new VOC standards. Hence the second -tier VOC standard  of 
20 percent by weight becoming  effective in January of 1999 ( CARB, 1991) . In a 
1999 rulemaking, the VOC standard  for the aerosol form of crawling bug 
insecticide products was set to 15 percent by weight VOC , with an effective date of 
December 31, 2004 . The VOC standard  for the “ Crawling Bug Insecticide ” 
products category ha s not been revisited for over 20 years.  
For further information on the previous rulemakings, the reader is referred to the following rulemaking documents:  
• Phase II -  Technical Support Document:  Proposed Amendments to the 
Statewide Regulation to Reduce Volatile Organic Compound Emissions from Consumer Prod ucts (CARB, 1991 ); and  
• Staff Report: Initial Statement of Reasons for Proposed Rulemaking: Proposed Amendments to the California Consumer Products Regulation  
(CARB, 1999) . 
3. Proposed VOC Standard and Reformulation Strategies  
The c urrent V OC standard for “ Crawling Bug Insecticide ” aerosol  products is 15 
percent by weight, effective December 31, 2004. Staff is proposing to lower the 
allowable VOC content for Aerosol Crawling Bug Insecticide products to eight  
percent by weight , with a  propose d effective date of January 1, 2030, and to 
create a new subcategory of insecticide specifically targeting Cimex lectularius 
(Common Bed Bugs) and/or Cimex hemipterus (Tropical Bed Bugs) . The proposed 
“Bed Bug Insecticide” subcategory w ould not be subject to the  proposed  eight  
percent by weight  VOC standard, but would instead still be subject t o the 15 
percent by weight VOC standard for the aerosol form and 20 percent by weight 
VOC standard for all other forms . Table III -15 below presents the emission  
III-68 reduc tions and currently complying market- share at the proposed  eight  percent by 
weight VOC standard . The values presented do not include products that will fall 
under the proposed “Bed Bug Insecticide” subcategory.  
Table III-15:  Crawling Bug Insecticide  (aero sol) Proposal*  
Proposed VOC 
Standard (Wt. 
%) Proposed 
Effective Date  Complying 
Product -
Formulations  Complying 
Market Share 
(%)** Adjusted Emission 
Reductions 
(tons/day)** * 
8 1/1/20 30 25 11 0.81 
* Based on 2015 Consumer Products Survey data (CARB, 2019)  excluding Bed Bug Insecticide  
** Based on mass of products sold . 
*** 2015 Consumer Products Survey data emissions adjusted for complete market coverage  
As shown above, the proposed eight  percent by weight VOC standard  would result 
in estimated VOC reductio ns of 0.81 tons per day Statewide and 0. 34 tons per day 
in South Coast in 2031. The proposed eight  percent by weight VOC standard is 
based on staff’s review of data collected from the 2015 Consumer Product s Survey , 
technical discussions with c rawling bug i nsecticide manufacturers, as well as the 
review of existing and newer aerosol technologies.  
“Crawling Bug Insecticide ” aerosol  products are formulated as both solvent- based 
and water -based formulations. Typical solvents in solvent -based products include 
petroleum distillates, glycol ethers, and alcohols. The selection of the appropriate 
solvent depends on the product type and residual time required . Hydrocarbon 
propellants mainly consist of a liquefied mixture of propane, isobutane, and normal 
butane. Wate r-based formulations typically contain compressed gases, such as 
carbon dioxide or nitrogen, as a propellant . Various additives in small quantities are 
also included to address specific problems or enhance product performance.  
Staff’s evaluation of the “ Crawling Bug Insecticide ” (aerosol)  product category 
shows that  some  complying products already exist. Table III- 15 above shows that in 
2015, 25 products , representing about 11  percent of the market,  were  already in 
compliance with the proposed lower VOC sta ndard . Some of the complying 
products are solvent -based , and others are water -based.  
Based on the formulation data reported in the 2015 Consumer Product s Survey , 
several  main reformulation strategies can be utilized to meet the proposed eight  
percent by we ight VOC standard . These strategies include substituting VOC 
petroleum distillates with LVP -VOC petroleum distillates ; using other LVP -VOC 
solvents; reducing the hydrocarbon propellant content;  and substitution of VOC 
propellants with exempt or compressed gas propellants.     
III-69 E. Sunsetting the Two Percent Fragrance Exemption 
Staff is proposing to sunset the two percent fragrance exemption for most 
regulated consumer product categories by 2031 to reduce VOC emissions and 
improve program transparency, clarity, and  effectiveness. Staff are also proposing 
to retain a modified 0.25 percent fragrance  exemption for select categories , due to 
the potential technical challenges or unintended consequences of full fragrance 
exemption  elimination  for those categories . Staff’s  proposal would not amend the 
existing Two Percent Fragrance Exemption for “Antiperspirant” or “Deodorant” 
products regulated under Article 1 of the Consumer Products Regulations.  
1. Description of Fragrance  
Fragrances are a class of VOC and LVP -VOC chemical compounds and compound 
mixtures used in consumer products to impart an odor or scent, or to mask the malodor of other chemical substances used in product formulations . Fragrances 
range from simple, artificially synthesized chemical compounds to complex 
mixtures of chemical compounds extracted from natural sources . Some chemicals, 
such as monoterpenes , and serve as both a degreasing agent and a fragrance in 
cleaning products such as floor cleaners, heavy duty hand cleaners, and general purpose degreasers.  
Fragrance is prevalent in consumer products, being  present in nearly every 
consumer products category. Data received in response to CARB ’s 2015 Consumer 
Products  Survey  show s that fragrance was second only to ethanol when ranking  
TOG ingredient s by mass in c onsumer products, and fragrance represented 7.60 
percent  of all TOG  emissions in 2015. See the  Appendix  B to this ISOR, for more 
information . 
2. Regulatory History  
Fragrance, as defined in the Consumer Products Regulation, is “a substance or 
complex mixture o f aroma chemicals, natural essential oils, and other functional 
components with a combined vapor pressure not in excess of 2 mm  Hg at 20°C, 
the sole purpose of which is to impart an odor or scent, or to counteract a 
malodor.”  While many other definitions in the Consumer Products Regulations 
have undergone multiple revisions in the past 30 years, the fragrance definition h as 
only been revised once,  in 1991,  to remove the term “colorants.”  
Article 2 consumer products are subject to three limitations with res pect to 
fragrance content, depending on their specific category. With the exception of 
pressurized gas dusters, all consumer products categories are granted an 
exemption to their applicable VOC standard  of up to two  percent  by weight of 
fragrance . In addit ion, air freshener products that contain VOCs comprised solely of 
fragrance are exempt from their otherwise applicable VOC standard , and the 
fragrance content of personal fragrance products is not included in compliance 
determinations for the applicable VOC standard . 
Although the definition of fragrance has remained unchanged for over three decades, regulated industry has sought clarity with respect to certain aspects of the applicability of the Two Percent Fragrance Exemption.   
III-70 3. Staff Proposal 
Staff’s analysis of fragrance formulation compositions and utilization in consumer 
product formulations , detailed in Appendix B, show that the utilization of fragrance 
in regulated consumer products categories does not support a technical feasibility argument for retention of a two percent exemption for fragrance in the vast majority of regulated categories . As shown in Table III-16 , over 85 percent of 
product formulations and product mass are not utilizing the Two Percent Fragrance 
Exemption  at all, not even to support use of a fraction of fragrance . This means that 
these products can still meet their VOC standard without the Two Percent 
Fragrance Exemption , showing the exemption is not needed . Remov al of the 
exemption is still needed to ensure that manufacturers do not start using the 
exemption  in the future to meet more stringent VOC standards and undermine 
attainment of federal and State ambient air quality mandates , and to improve 
program equity, transparency and clarity. Staff are therefore proposing to sunset 
the ex emption by 2031 for most product categories.  
Table III -16:  Utilization of the Two Percent Fragrance Exemption  
by Regulated Consumer Product Sector  
Regulated Sector  % Product-
Formulations 
Not Using 
Exemption* Mass Not Using 
Exemption* 
Household  87.1%  - 95.6%  83.9% -84.6%  
Personal Care  90.2%  - 92.3%  80.4%  - 89.0%  
Insecticide, Solvents, and 
Automotive  94.6%  - 97.0%  97.1%  - 99.0%  
Total  88.6%  - 95.2%  86.2%  - 87.5%  
* Range derived from fragrance VOC speciation assumption. See Appendix  B: 
Evaluation of Two P ercent Fragrance Exemption Utilization  for more information.  
During the extensive public process (described in section 6, below) to develop this 
proposal, staff met with stakeholders to discuss potential categories for which full 
elimination of the Two Percent Fragrance Exemption would pose technical challenges or a significant cost or implementation burden . Based upon these 
discussions, a cost survey  of product manufacturers (described in Chapter IX ), and 
staff evaluation of the data and information descri bed in Appendix B, staff 
determined that its proposed sunset of the Two Percent Fragrance Exemption is both feasible and cost -effective for the vast majority of product categories . 
However, a s discussed below, staff are proposing retention of a smaller percentage 
fragrance  exemption for certain  product categories where a complete sunset of the 
exemption presents unique feasibility challenges.  
   
III-71 a. “General Purpose Cleaners” and “General Purpose Degreasers”  
Speciation data collected as part of the 2015 Consumer Products Survey regarding  
the VOC constituents of nonaerosol general purpose cleaner and degreaser 
categories  show s that monoterpene compounds, including limonene and other 
citrus terpenes, as well as pine terpenes and other fragrance compounds, make up 
a significant portion of the VOC content of those product categories. Figures III- 16 
and III- 17 show the relative concentrations of the VOC constituents in those two 
respective categories, with monoterpenes and fragrance making up 58 percent of the VOC con tent of nonaerosol general purpose cleaners and 24 percent of the 
VOC content of nonaerosol general purpose degreaser.  
Figure III -16:  VOC Constituents of Nonaerosol General Purpose Cleaners  
 
  
 
III-72 Figure III -17:  VOC Constituents of Nonaerosol General Purpose Degreasers  
 
Reg
ulated industry has argued that, considering the already very low VOC standard 
of 0.5 percent for these two categories, a complete sunset of the two percent 
exemption would present a feasibility challenge, and  staff concurs with this 
assessment . In recognition of the challenge lemon- or citrus -scented products face 
in meeting a 0.5 percent VOC standard without a limited exemption, staff  is 
proposing to retain a 0.25 percent fragrance exemption for nonaerosol “General 
Purpose Cleaners” and nonaerosol “General Purpose Degreasers.”  
Staff’s propos al would  allow monoterpenes up to a combined 0.25 percent by 
weight to be exempt  as part of this 0.25 percent fragrance exemption for these 
two categories . In other words, fragrance and monoterpenes up  to a combined 
0.25 percent by weight would be exempt from the 0.5 percent VOC standard  
under this proposal . CARB’s “fragrance” definition would continue to exclude 
monoterpenes in categories whose primary function is to clean or degrease from  
the definiti on of fragrance . As degreasing agents in products formulated to clean 
or degrease, monoterpenes have a dual function (i.e., as both solvents and fragrance) and therefore do not meet the “sole purpose” criteria required to be 
met to qualify as a fragrance u nder the “fragrance” definition. Even with this partial 
retention, staff still expects to achieve a 0.1 tpd reduction in VOC emissions from 
these two categories as a result of reducing the fragrance exemption from 2 
percent to 0.25 percent.  
b. “Air Freshener”, “Disinfectant”, and “Sanitizer ” 
Staff are proposing to retain a 0.25 percent fragrance exemption beginning on 
January 1, 2031, for all the “Air Freshener”  subcategories, including “Automatic 
Aerosol”, “Concentrated Aerosol”, “Dual Purpose Air Freshener/D isinfectant”, 
“Liquid/pump spray”, “Manual Aerosol”, “Solid/semisolid”, and “Total Release  
III-73 Aerosol .”  Complete elimination of the two percent fragrance exemption in these 
categories , combined  with the propos al for lower “Manual Aerosol Air Freshener” 
VOC s tandards,  has been identified by staff and stakeholders as  posing technical 
feasibility challenges . The other VOC constituents in air freshener products, such as 
ethanol,  often serve as both a solvent  and as method to retard microbial growth 
within the pro duct. In particular, product manufacturers have discussed  the 
difficulty they have controlling microbial growth in products that contain less than 
five percent ethanol, which is the current proposed VOC standard for the “Manual 
Aerosol Air Freshener” categ ory. Staff believe that this  proposed VOC standard 
may not be feasible without the retention of a 0.25 percent fragrance exemption.  
Staff are also proposing to retain a 0.25 percent fragrance exemption for the 
aerosol and nonaerosol “Disinfectant” and “Sanitizer” categories . These important 
health- benefit product categories are subject to  FIFRA  and California Department 
of Pesticide Regulation requirements that, depending on the circumstances, could  
result in the need for products to reregister or recertify. Staff believe a retention of 
a 0.25 percent fragrance exemption is sufficient for the vast majority of these 
products to retain their efficacy and to remain registered.  
c. Exemption of LVP -VOC Content  
Since 1996, any LVP -VOC constituent of a fragrance mixtu re was counted toward  
the Two Percent Fragrance Exemption  before the LVP -VOC exemption was 
applied. Product VOC content was calculated by first subtracting two percent of 
the fragrance weight , including LVP -VOCs . If any fragrance remained (i.e. the 
product was formulated with more than two percent by weight of fragrance), the 
LVP-VOC portion of what remained, if known, would then qualify for the LVP -VOC 
exemption.  
As part of the proposed elimination of the Two Percent Fragrance Exemption , staff 
is propos ing that the LVP -VOC portion of fragrance mixtures would  be included in 
the overall exemption for LVP -VOC under section  94510(d) before utilization of the 
fragrance exemption is determined . For example, if a product subject to a VOC 
standard of two percent a nd with a fragrance exemption of 0.25 percent  has a 
fragrance content of  4.50 percent and no other VOC ingredients, the product 
would comply with the standard if the fragrance was 50 percent VOC and 50 
percent LVP -VOC.   
4. Benefits of Staff Proposal  
As shown in Table III- 17, staff anticipate the bulk of the VOC reductions achieved 
through the sunset of the two percent fragrance exemption will occur in the 
household product categories, half of which will come from non- aerosol General 
Purpose Cleaners and Degreasers, followed by personal care products and 
products in the remaining sectors.  
   
III-74 Table III -17:  
Expected VOC Reductions Due To Two  Percent  Fragrance Exemption Sunset  
Regulated Category Group Reductions (tpd)  
Household  0.25 
Personal Care 0.04 
Insectici de, Solvents, and Automotive  0.01 
Total  0.30 
Elimination of this exemption would achieve several benefits beyond achievement 
of 0.30 tpd VOC reductions Statewide in 2031, including:  
• Lock In Emission Reductions:   While manufacturer utilization of the Two  
Percent Fragrance Exemption is now low, emissions could increase significantly if the exemption were to be fully utilized . Sunsetting  the 
exemption  would ensure that over about three tons per day  of VOC 
emissions do not occur in future years by ensuring th at utilization of the 
exemption will not  increase.  
• Reduced Need:  Our improved understanding of fragrance ingredient 
speciation indicates that most fragrance ingredients are LVP -VOCs, which 
are already exempt pursuant to section 94510(d) of the Consumer Pr oduct 
Regulation . Therefore, the vast majority of products do not need the Two  
Percent Fragrance Exemption to comply with applicable VOC standards , and 
nonaerosol “General Purpose Cleaner ,” nonaerosol “General Purpose 
Degreaser ,” “Sanitizer, ” “Disinfectan t,” and air freshener products do not 
need more than a 0.25 percent exemption.  
• Encourage Transparency:   The Two Percent Fragrance Exemption enables 
consumer product manufacturers to be unaware of the properties of fragrance purchased from third -party vendor s, since CARB exempts up to 
two percent of fragrance from VOC standard compliance determinations  
and most manufacturers do not use the full two percent of fragrance allowed 
under  the existing exemption. Elimination of this exemption for most 
categories  could encourage greater transparency regarding fragrance 
ingredients in those products for which the exemption is reduced or 
eliminated as product manufacturers request VOC content information from 
fragrance vendors to ensure their products – including fragra nce – are 
formulated to meet the applicable VOC standard  without the T wo Percent 
Fragrance Exemption .  
• Enhance Clarity:   CARB staff and product manufacturers over the years have 
had numerous discussions regarding whether a particular ingredient meets the r egulatory definition of “Fragrance ,” which depends on the purpose of 
an ingredient ( to be a fragrance, an ingredient’s “sole purpose” mus t be “to 
impart an odor or scent, or to counteract a malodor”) . Treating fragrance  
III-75 VOC content the same as non- fragrance VOCs for the purpose of 
compliance determinations would eliminate the need to determine the 
purpose of an ingredient, at least for product categories for which no 
fragrance exemption remains, providing more clarity for regulated parties , 
to help them dec ide how to formulate their products to make sure they 
comply with the consumer products regulations .  
• Simplify Compliance Determinations:  Staff’s proposal would also simplify 
CARB laboratory testing and subsequent product compliance determinations by elimi nating the need to identify and quantify thousands of 
possible fragrance ingredients for the purpose of excluding them from a product’s allowable VOC content  under the existing two percent fragrance 
exemption . 
• Consider Public Health Concerns: CARB has rece ived several public 
comments during the rulemaking process, including a letter signed by 26 
public interest groups, encouraging CARB to eliminate this exemption due 
to their concerns regarding the potential impact of fragrance on public 
health.  
• Program Equ ity: Staff’s proposal would treat smog -forming VOC emissions 
equally, regardless of their intended function . Staff does not see a 
compelling reason why fragrance VOC ingredients should be treated preferentially to non -fragrance VOCs, allowing fragranced pr oducts within a 
regulated category to emit more VOC than non -fragranced products . 
5. Reformulation Strategies  
Consumer products manufacturers with product formulations that rely on the Two 
Percent Fragrance Exemption  to comply with VOC standards  will need to take 
steps to ensure that their products remain in compliance once the exemption has 
sunset  or (in the case of nonaerosol “General Purpose Cleaner ,” nonaerosol  
“General Purpose Degreaser,” “Disinfectant,” “Sanitizer,” or air freshener product) been reduced . Although these steps could potentially include product or fragrance 
reformulation, staff believe product manufacturers will employ a tiered strategy, beginning with a review of the VOC content of the fragrance ingredients they are using before any reform ulation is considered . 
Many consumer product manufacturers have relied on the assumption that the fragrances they are using are 100 percent  VOC . CARB’s 2016 Fragrance Formulator 
Survey showed that , in fact , many fragrance formulations are not 100  percent  VOC, 
and that manufacturers do not formulate many of their products up to the 
applicable VOC standard. Manufacturers will need to consult with their fragrance 
supplier and treat the fragrance as they would any other partial VOC ingredient in their formulati ons. But elimination of the Two Percent Fragrance Exemption  is 
unlikely to  require  reformulation of many products . 
If the VOC content of a fragrance used in a product causes the product to exceed the VOC standard  for the applicable category, the manufacturer will have at least 
two options to make the product compliant:   
III-76 1. Reduce the concentration of other VOC constituents in the formula ; and/or  
2. Reduce the amount of fragrance used in the product . 
For m any product categories, Option #1 will be the most likely pathway, since 
many product formulations are conservatively fragranced due to the relatively 
higher cost of the ingredient compared to other VOCs.7   
6. D
evelopment of Staff Proposal 
Staff’s proposal to sunset the Two Percent Fragrance Exemption and reduce the exemption for nonaerosol “General Purpose Cleaners, ” nonaerosol “General 
Purpose Degreasers, ” “Disinfectant,” “Sanitizer,” and air freshener categories was 
developed and refined during an extensive regulatory development process, with input from numerous i nterested stakeholders. In general, industry stakeholders 
have indicated that staff’s proposal is overly burdensome  and may be infeasible, 
while environmental and public health stakeholders have commented that staff’s proposal and implementation date are overly generous . These proposals are 
feasible, for the reasons described at length above and in Appendix B . 
Development of this  proposal originates from staff discussions beginning in 2015 
with the Fragrance Creators Association  and other fragrance industry stakeholders 
regarding the eligibility of monoterpenes for the Two Percent Fragrance Exemption . These meetings included discussion of  development and interpretation 
of the exemption , the purpose of monoterpenes in nonaerosol general purpose 
cleaners and d egreasers, and how much of the Two Percent Fragrance Exemption 
is typically utilized  by manufacturers for various products . 
CARB staff initially proposed to sunset the Two Percent Fragrance Exemption in its 
second public workshop regarding development of t hese Proposed Amendments, 
on November 7, 2019, during which  CARB  originally propos ed to sunset  the 
exemption for all Article 1 categories on January 1, 2027 . CARB held five additional 
public workshops and work group meetings to discuss the policy and technical rationale that underl ay that proposal, review proposed refinements based upon 
stakeholder feedback, and address stakeholder questions and comments.  
CARB also sent surveys regarding the proposed sunset of the Two Percent Fragrance Exemption in May 2020 to more than 1,300 consumer product 
manufacturers known to CARB to sell products in California . Product manufacturers 
were asked to estimate the potential compliance cost of a Two Percent Fragrance Exemption sunset, as well as identify specific product ca tegories they manufacture 
for which they believe elimination of the exemption might pose technical feasibility challenges. CARB received 41 responses to this survey, with 15 manufacturers 
identifying categories for which they believe technical challenges m ay exist . CARB 
staff discussed these potential issues with the seven product manufacturers willing 
to speak with staff , and determined that the technical feasibility challenges did not 
in fact exist, or could be addressed by proposing a  lower 0.25 exemptio n for 
                                                      
7 Sixty- three present of respondents to CARB’s cost survey of consumer product 
manufacturers indicated that they would reduce non- fragrance VOC content, while 37 
percent indicated they would reduce fragrance VOC.   
III-77 nonaerosol “General Purpose Cleaners, ” nonaerosol “General Purpose 
Degreasers ,” “Disinfectant,” “ Sanitizer,” and air freshener categories.  
Overall, CARB staff has held numerous meetings with the trade associations and 
non-governmental organizations, as well as numerous meetings with individual 
product manufactures , to develop and refine this  proposal . As we evaluated and 
discussed with stakeholders individual categories for which the sunset was 
proposed, staff consistently confirmed  that while a  few manufacturers within a 
category may currently utilize the Two Percent Fragrance Exemption, that m ost 
products within that category that utilize a diversity of fragrance do not utilize the 
exemption , and those few products that use the exemption utilize a very small  
fraction of VOC fragrance above the applicable VOC standard. Staff altered its 
proposal to propose a lower 0.25 exemption for nonaerosol “General Purpose 
Cleaners,” nonaerosol “General Purpose Degreasers, ” “Disinfectant,” “Sanitizer,” 
and air fres hener categories to address anticipated  feasibility issues in those 
categories . Staff therefore believes this proposal  is technically feasible, particularly 
given the extensive lead time proposed.  
F. Proposals to Improve Program Transparency, Clarity , and Ef fectiveness  
1. Energized Electrical Cleaner   
CARB staff are proposing to revise the definition of “Energized Electrical Cleaner” 
to exclude from the category products sold to automotive maintenance and repair 
establishments, to help ensure that the Consu mer Products Regulations remain 
consistent with CARB’s Airborne Toxics Control Measure for Automotive Maintenance and Repair Activities and reduce VOC emissions.  
a. Category Description  
“Electrical Cleaner” products are products labeled to remove heavy soils , such as 
grease, heavy oil , or grime , from electrical equipment,  such as electric motors, 
armatures, relays, electric panels, and generators . These products normally use 
aggressive solvents to clean heavier soils off of electrical equipment . The “Electrical 
Cleaner” category does not include products that are labeled to clean casings or 
housings of any electrical equipment, or other general purpose or special purpose cleaners or degreasers.  
In electrical cleaning applications, there are situations where there is a need for 
non-flammable solvent . These situations occur when equipment must be cleaned 
while current is running through it, thus creating a spark or flammability hazard . 
Products designed to address this flammability concern often utilize chlorinated 
solvents designated by CARB as toxic air contaminants  (TACs) , such as 
perchloroethylene and/or trichloroethylene. These products are defined as 
“Energized Electrical Cleaner ,” and must be labeled to clean and/or degrease 
electrical equipment where cleaning and/or degreasing is accomplished when 
electrical current exists , or when there is a residual electrical potential from a 
component , such as a capacitor. In addition, “Energized Electrical Cleaner ” must 
be clearly labeled with the statement :  
III-78 “Energized Equ ipment use only.  
Not to be used for motorized vehicle maintenance, or their parts.”  
This “Energized Electrical Cleaner” definition in the Consumer Products Regulation 
became effective  on July 20, 2005.  
As illustrated in Figure III-18 , “Energized Electrica l Cleaner ” is comprised of about 
90 percent perchloroethylene and trichloroethylene, which are classified by CARB 
as TACs .  
Figure III -18:  TOG Speciation of Energized Electrical Cleaner1 
 
1Based  upon 2013- 2015 Consumer and Commercial Products Survey data . 
b. Regulatory History  
“Electrical Cleaner ” products are currently regulated under the CARB Consumer 
Products Regulation in two subcategories: “ Electrical Cleaner” and “Energized 
Electrical Cleaner” ( CARB,  2004 a). Before 2004, products labeled to function as 
electrical cleaners were defined as “E lectronic Cleaner ” (CARB, 199 9), which were 
excluded from the then -newly -proposed “General Purpose Degreaser ” category, 
and were not subject to VOC standards  or toxics prohibitions. 
The 2004 rulemaking  divided the “ Electronic Cleaner ” category into three 
subcategories, which were developed  based on CARB’s  review of label claims on  
products submitted in response to a consumer products survey, product function and end -use variation among the products in this category, and input from 
stakeholders. Notably, the “ Energized Electrical Cleaner ” category was created t o 
secure reductions in TAC emissions from the “ Electrical Cleaner” and “Electronic 
Cleaner ” categories, while providing an exception for specialized products 
conta ining TACs where no safe alternatives existed . “Energized Electrical Cleaner ” 
is for use on equipment that cannot be shut off or unplugged before being 
cleaned , or in applications that require non- flammability ( CARB, 2004a) . Projected  
III-79 TOG emissions from the “Energized Electrical Cleaner ” category were expected to 
be 69.4 tons per year in 2015, including 62.8 tons per year of TACs. More 
information regarding “Energized Electrical Cleaner” sales and emissions can be 
found in Appendix C.  
In order for a product to qualify as an “ Energized Electrical Cleaner, ” its label must 
indicate that the product is not to be used “for motor vehicle maintenance, or their 
parts.”  This labeling requirement has two rationales . First, a report prepared by 
the Institute for Resea rch and Technical Assistance for South Coast AQMD 
(SCAQMD , 2003) describes the circumstances under which energized electrical 
cleaners are used . Typical situations include applications where the equipment to 
be cleaned is operating on alternating current, such as a city transformer, that must remain energized to provide electricity to the city. In instances where low voltage 
direct current is used as a power source, such as in motorized vehicles, use of an energized electrical cleaner is not needed  (CARB, 2 004a ). Staff has confirmed that 
“Energized Electrical Cleaner ” products  continue to be unnecessary to safely 
maintain or repair motor vehicles, including zero -emission vehicles.  
Second, staff wanted to make sure that the Consumer Products Regulations were  
consistent with the Airborne Toxics Control Measure for Automotive Maintenance 
and Repair Activities, adopted in 2000 (CARB, 2000) . The CARB AMR  ATCM 
prohibits the use of perchloroethylene, methylene chloride, and trichloroethylene in products designed for  use in automotive repair facilities, which includes  the 
product categories “Automotive Brake Cleaner, ” “Carburetor & Choke Cleaner ,” 
“Engine Degreaser ,” and “General Purpose Degreaser (automotive use) .”  These 
products are used in applications similar to those of  electrical cleaner products that 
could have automotive end uses, and staff wanted to ensure that TAC -containing 
energized electrical cleaners were not utilized for these purposes in violation of the 
CARB AMR ATCM  (CARB, 2004 a).
  
To ensure this consistency between the Consumer Products R egulations and the 
CARB AMR ATCM, which also ensured that the Consumer Products R egulations 
did not prevent the CARB AMR ATCM  TAC reductions, CARB adopted an 
additional requirement in the 2004  consumer products rulem aking requiring all 
responsible parties who sold an “Energized Electrical Cleaner” product containing 
perchloroethylene or methylene chloride to submit annual reports to CARB 
detailing the weight percent of perchloroethylene and methylene chloride in each product sold in California, and the sales  volume  of each  such product.  
c. Automotive Market Endpoints and Excess TAC Emissions  
CARB allow s the use of  “Energized Electrical Cleaner ” products containing TACs 
solely for the specialized purpose of safely cleaning  energized electrical equipment . 
As discussed above, these products are intended to be used under hazardous conditions where sparks from the components of the equipment being cleaned cannot be de- energized and would pose a flammability concern, and not for 
general -purpose degreasing , or for automotive maintenance or repair.    
III-80 CARB ’s emissions inventory for electrical cleaner products , developed as part of 
the 2005 rulemaking (CARB, 2004b), show that CARB expected  TAC emissions of 
no greater than 62.8 tons per year in 2015 as a result of  allowing TAC ingredients 
to be used  in products  in the “Energized Electrical Cleaner” category. However, 
analysis of the sales data that was submitted in response to the 2015 Consumer 
Products Survey , as well as of  product mas s, perchloroethylene content, and 
methylene chloride content that were reported between 2006 and 2010, as 
required by section 94513(e), show that TAC emissions from the category are much 
higher than CARB had projected . In 2015, TAC emissions from “Energized 
Electrical Cleaner” were 120.2 tons per year, over 91 percent higher than anticipated . Appendix C provides additional information regarding this 
determination.  
To explain this discrepancy, staff performed a review of “E nergized Electrical 
Cleaner ” market endpoint data f rom a major manufacturer of these products, 
which included a review of the destination of over 460 bulk transactions of “Energized Electrical Cleaner ” products, and were able to classify each of these 
endpoints by the specific type of consumer served by the particular destination for the products . Broadly defined, these include:  
A. Electrical Wholesalers, who primarily supply products to electrical contractors 
on a wholesale basis; 
B. Industrial Wholesalers, who supply a wide range of industrial c onsumers , 
including factories, warehouse, and industrial maintenance contractors; 
C. Home Improvement Retailers , including big box home improvement retailers 
that provide a wide variety of products to the average consumer; 
D. Automotive Parts  and Accessories Sto res, who provide automotive parts and 
maintenance supplies to both the average retail consumer and  commercial  
automotive repair facilities ; and  
E. Automotive Commercial Direct Suppliers, who directly supply commercial 
automotive repair facilities with parts a nd maintenance supplies. 
As shown in Figure III -19, in 2019, despite  the labeling requirement in the 
regulation, 57 percent of energized electrical cleaner s were sold to either 
automotive parts  and accessories stores, or to automotive commercial direct 
suppliers . The identified  increased TAC emissions and  unintended sales show  that 
the existing language in the Consumer Products regulations is not achieving the intended consistency with the CARB AMR ATCM.  
   
III-81 Figure III -19:  2019 Energized Electrical Cleaner M arket Endpoints  
 
d. Pr
oposed Definition Update and Record Retention Requirement  
Staff believe that the current labeling requirements have not sufficiently prevented  
off-label sales of these products to automotive repair facilities  such that the intent 
of the  CARB AMR ATCM is met and public health is protected  (CARB, 2000b) . This 
channel is supplied both indirectly , by automotive parts and accessories stores who 
sell to automotive maintenance and repair facilities, and directly , by automotive 
commercial direct wholesalers . Therefore, staff are proposing to achieve 
consistency of the Consumer Products R egulations with the CARB AMR ATCM by 
excluding from the ”E nergized Electrical Cleaner ” category products sold to 
“Automotive Maintenance Facilities” or “Automotive Repair Facilities,” as defined 
in section 93111(c)(4) . Such products would instead be considered “Electrical 
Cleaners,” and would then be subject to the existing VOC standard in section 
94509( a) and toxics prohibitions  in section 94509(m), instead of being subject to no 
VOC standard or TAC prohibition as an “ Energized Electrical Cleaner.” 
This additional category exclusion  is likely to change business decisions to sell this 
product through the automotive maintenance supply channel . This automotive 
mainten ance supply channel bypasses traditional consumer products and 
automotive supply retail outlets and provides products directly to automotive repair facilities, which makes it more difficult to verify that a product follows the requirements to be considered  an “Energized Electrical Cleaner,” in compliance 
with the CARB AMR ATCM (CARB , 2000) . Thus, this proposed change would keep 
the Consumer Products R egulations consistent with the CAR B AMR ATCM . 
Staff are also proposing an additional record retention requir ement for automotive 
parts and accessories stores that sell “Energized Electrical Cleaner”  after the 
effective date of this rulemaking . As described in section (f), below, between 21 
and 75 percent of automotive retailer revenues come  from direct sales of  
III-82 automotive -related products to automotive maintenance and repair facilities . The 
proposal would require automotive part and accesso ry retailers  to maintain their 
existing sales records for  “Energized Electrical Cleaner” product  for five years , and 
to make these records available to CARB upon  request . Staff anticipates that these 
records would include sales receipts, sales contracts,  or other documentation , and 
would reflect, at a  minimum,  the name, manufacturer , container size , number of 
units sold, and the sale date for “Energized Electrical Cleaner” products sold to the 
general public , and the name and address of ”Energized Electrical Cleaner”  sold to 
a California business. Staff’s proposal is intended to  apply  to any  California -based 
automotive part and accessory store  that sells “Energized Electrical Cleaner” , as 
well as automotive part and accessory store internet sales of “Energized Electrical 
Cleaner” into California .  
This proposal would not require a n automotive parts and accessories store  to 
request or collect the name, address,  or other personally identifiable information 
that it does not otherwise generate as part of its typical business practice . 
However, to the extent that a retailer does generate or collect such information  
when selling “Energi zed Electrical Cleaner, ” particularly with respect to  sales to a 
California business, staff’s proposal would require this information to be retained 
for a minimum of five years . This record retention element is intended to facilitate 
enforce ment  of staff’s  proposed new “Energized Electrical Cleaner”  category to 
exclude sales to AMRs , and could provide additional data to inform the need for 
future rulemaking , if necessary to further restrict off -label product use.  
e. VOC Emission s Reduction  
Staff anticipate th ere will be additional reductions in VOC emissions from this 
proposal, due to the substitution of “E nergized Electrical Cleaner ,” which typically 
has a higher VOC content,  with other automotive cleaners and degreasers with 
lower applicable VOC standards  for use in commercial automotive maintenance 
and repair . The “Energized Electrical Cleaner” category is not currently subject to a 
VOC standard . However, as previously discussed, 26.6 percent of the “Energized 
Electrical Cleaner” category consists of trichlo roethylene, which is classified as a 
VOC a nd as a TAC.  
The most likely candidates for product substitution in the automotive repair context 
would be either “Brake Cleaner,” “Carburetor or Fuel -injection Air Intake Cleaner,” 
or aerosol “Engine Degreaser,” a ll of which are subject to a 10 percent by weight 
VOC standard, which would result in VOC emissions that are 62.4 percent lower 
than the current average VOC emissions from the “Energized Electrical Cleaner” 
category. By 2023, staff estimate a potential VOC  reduction of between 1.4 and 6.3 
tons per year as a result of this proposed amendment . 
f. Toxic Air Contaminant Emission  Reduction s 
2015 Consumer Products Survey data indicates that “Energized Electrical Cleaner”  
is responsible for more than half of perchlor oethylene and trichloroethylene 
emissions from all consumer products . Staff believe that a by- product of the 
Proposed Amendments will be a significant reduction in perchloroethylene and 
trichloroethylene emissions, consistent with the CARB AMR ATCM . Half of  
III-83 “Energized Electrical Cleaner ” sales take place through automotive parts retail and 
accessories stores that also derive between 21- 75 percent of their total  revenue 
from direct sales to commercial automotive repair facilities  (GPA, 2018), (AAP, 
2019), (O AP, 2020) . Applying an average of this range as a factor to the mixed 
retail and commercial market share translates to 24 percent of total TAC emissions 
occurring due to  sales of “Energized Electrical Cleaner ” products to commercial 
auto repair facilities,  sales which were not intended to be allowed to qualify for this 
category,  and provides a lower bound to our estimates of potential TAC reductions 
that would  be achieved as a by -product of this proposal . As shown in Table III -18, 
combined with the seven percent of direct commercial sales of “E nergized 
Electrical Cleaner ” products, staff anticipate a  reduction in emissions of between 
6.6 and 29.3 tons per year of perchloroethylene, and of between 2.3  to 10.1 tons 
per year of trichloroethylene  by 2023 from th is proposal . 
 
Ta
ble III -18:  Potential TAC Emission Reductions in 2023 f rom Energized 
Electrical Cleaner  (tons per year)  
Toxic Air Contaminant  Potential Emission Reduction s1 
Trichloroethylene  2.3-10.1 
Perchloroethylene  6.6-29.3 
Total Potential TAC Reduc tions  8.9-39.4 
1Based upon a range of between a 7 and 48 percent share of sales to AMR facilities  
g. Development of Staff Proposal 
Staff’s proposal to further clarify the types of sales allowed for a product to be 
considered an “Energized Electrical Cleaner”  product was developed and refined 
throughout the regulatory development process . Staff received input from 
interested industry stakeholders, both individually and as a group , during  
discussions with the Household and Commercial Products Association. 
CARB staff initiated discussions with stakeholders on a potential definition al change 
to the “Energized Electrical Cleaner” category as part a regulatory definitions work  
group meeting on July 17, 2019, with subsequent public work group meetings in 
October 2019, February 2020, and October 2020. Over 10,000 automotive parts 
and automotive maintenance stakeholders were invited  to the  October  2020 
workgroup meeting through CARB’s listserv (e-mail notification) system, including 
representatives of the California Aut omotive Wholesalers’ Association , Auto Care 
Association , and the Household and Commercial  Products Association. CARB staff  
also discussed potential “Energized Electrical Cleaner” definition al changes during 
three  public workshops , on April 14, 2020, July 2 8, 2020, and November 10, 2020.  
Staff also sent a survey  in June 2020 ( CARB, 2020 ) regarding potential  definition al 
changes to 29 retailers and wholesalers known to CARB to sell “Energized 
Electrical Cleaner” products in California . Retailers and wholesal ers were asked to 
estimate the potential compliance cost of implementing potential sales exclusions 
from the “Energized Electrical Cleaner” category for products they sell, and other 
potential impacts on their business. CARB staff r eceived only one response to the  
III-84 survey, even after numerous attempts to elicit responses by email and telephone. 
The one response staff received was from an electrical wholesaler , who believed 
the proposed changes would have no impact on their business.  
2. Proposed Toxics Prohibition 
The Proposed Amendments also include provisions to prohibit use of 
perchloroethylene, trichloroethylene, methylene chloride, and p-c hloro -α,α ,α-
trifluorotoluene  in the seven categories proposed for lower VOC standards, as 
reflected in Table III-19, belo w. In 1990 and 1991, CARB identified 
perchloroethylene, trichloroethylene,  and methylene chloride as toxic air 
contaminants under California’s Toxic Air Contaminant Identification and Control Program (Health and Safety Code section 39650 et. seq.) . In that  process, CARB 
found that no threshold exposure level to these compounds could be identified 
below which adverse health effects would not be expected . Perchloroethylene and 
methylene chloride  have been listed on California’s Proposition 65 list since 1988 as 
chemicals "known to the state to cause cancer," while trichloroethylene was added 
to the Proposition 65 list in 2014. In addition, in June 2019, OEHHA listed PCBTF 
as a substance “known to the state to cause cancer” under Proposition 65 
(OEHHA, 2019) . In August 2020, OEHHA released its PCBTF Cancer Inhalation Unit 
Risk Factor Technical Support Document, summarizing the carcinogenicity and 
derivation of a cancer inhalation unit risk factor for PCBTF  (OEHHA, 2020) .  
Table III-19: 
Proposed Product Ca tegorie s in whi ch Use of Parachlorobenzotrifluoride,  
Methy lene Chlori de, Perchloroethy lene, and Trichloroethylene is Prohibited 
Product Category  Effective 
Date  Sell-
through 
Date 
Air Fresheners  
 •  Manual Aerosol Air Freshener  
 •  Concentrated Aerosol Air Freshener  
 •  Total Release Aerosol Air Freshener  1/1/2023  
1/1/2023  
1/1/2023  1/1/2026  
1/1/2026  
1/1/2026  
Crawling Bug Insecticide (aerosol)  1/1/2030  1/1/2033  
Hair Care Products  
•  Dry Shampoo  
•  Hair Finishing Spray  
•  Hair Shine  
•  Temporary Hair Color  
  
1/1/2 023 
1/1/2023  
1/1/2029  
1/1/2029  
 
 
  
1/1/2026  
1/1/2026  
1/1/2032  
1/1/2032  
 
Personal Fragrance Products  
 •  comprised of less than or equal to 7 percent 
fragrance  
 •  comprised of between 7 and less than or equal to  
     10 percent fragrance  
 
  
1/1/2023  
1/1/2031  1/1/2026  
1/1/2034  
  
III-85 CARB’s 2015 Consumer Product s Survey  data indicate that, despite their significant 
adverse health impacts, perchloroethylene, trichloroethylene,  methylene chloride , 
and PCBTF continue to be present in consumer products.8  Since 
perchloroethylene,  methylene chloride, and PCBTF  are classified as ‘Exempt’  by 
CARB , and therefore are not considered VOCs for compliance purposes, greater 
potential exists for these to be used in  products as they are reformulated to meet 
staff’s proposed new  or lower VOC standards . The p roposed targeted  prohibition 
of perchloroethylene, trichloroethylene, methylene chloride,  and PCBTF  in the 
proposed seven product categories  is intended to avoid  public health impacts , 
particularly to California’s children, el derly, and other vulnerable populations,  of the 
proposals to lower VOC emissions from consumer products,  while ensuring the 
feasibility of compliance with new or lower VOC standard  proposals in this 
rulemaking . 
3. ACP and IPE Eligibility Criteria  
ACP and IPE provisions are included in the existing Consumer Products Regulations 
to provide industry with flexibility  in achieving required  VOC reductions . These two 
provisions also encourage manufacturer innovation by recognizing and providing 
compliance options  for lower emission or more efficient products . This section 
summarizes staff’s proposals to ensure these programs continue to effectively 
achieve their intended emission benefits.  
a. ACP Eligibility Criteria  
Under the existing regulations, a manufacturer of two products that exceed their 
applicable VOC content standards would have to reformulate both products to 
comply. However, under the ACP, the manufacturer could retain the current 
formulation of the first product and reformulate the second product below its V OC 
standard . An ACP can have a complying product and, because it is an emissions 
averaging program, a product that would not comply on its own listed in the same 
ACP. The product that would not comply on its own would become compliant and 
be approved by th e Executive Officer pursuant to provisions in the ACP regulation, 
by averaging the noncomplying product’s  VOC content with the complying 
product’s VOC content  to meet the VOC standard, on average, for both products . 
Manufacturers with a CARB -approved ACP a re required to submit a yearly 
compliance report for all products they have sold during the calendar year. The 
annual compliance report must include the VOC content and enforceable sales 
data for all their ACP products , to ensure all their ACP products are  meeting  the 
VOC standard , on average,  for all the products .  
An increasing number of products that generate ACP credit fall just below the 
applicable VOC content standard (sometimes by as little as 0.1 percent) . While the 
number of these products and amount of emission credits  they have generated 
                                                      
8 Methylene chloride is present in ten consumer product categories, with a total of over 1.6 
million pounds per year  (vast majority in paint stripper); Pe rchloroethylene is present in 12 
categories, with a total of over 200,000 pounds per year; Trichloroethylene present in 10 
categories, with a total of over 80,000 pounds per year; and PCBTF present in 21 
categories, with a total of over 300,000 pounds per year.   
III-86 remains low, these products present several challenges. First, it can be difficult to 
verify that a product is actually generating VOC credit if the difference between a 
product’s VOC content and the required standard is within the range of  the 
laboratory testing  protocol’s margin of error. In addition, if a product’s VOC 
content is nearly identical to the applicable VOC standard, the natural variability of 
product ingredient concentrations could result in some pro ducts generating credits 
when they actually exceed the standard . In both of the above cases, the proximity 
of an ACP product’s VOC content to the applicable standard can present 
compliance verification challenges . In addition, products just below the stand ard 
are less innovative than their lower -VOC counterparts, and are more likely to 
represent a manufacturer’s typical product offerings . The air quality benefits of 
these products is, therefore, more uncertain than those of lower -VOC products in 
the same ca tegories.  
Staff is proposing to address these concerns by requiring a company with an approved ACP to only use products that are more than a specified  threshold below 
the applicable VOC standard to generate ACP credits for the purpose of offsetting emissio ns from products that exceed VOC standards . These eligibility th resholds, 
illustrated in Table III- 20, below, mirror U.S. EPA requirements for precision of 
pesticide product ingredient reporting, based on the typical variability of pesticide ingredient concentration when good manufacturing practices and quality control procedures are used (40 CFR §158.350.) . 
Table III-20:  ACP Threshold for Emission Credit Generation  
VOC Content Standard  
Product Eligibility 
Threshold   
(% of Applicable 
Standard)  
20% < Stand ard ≤ 100%  97% 
1% < Standard ≤ 20%  95% 
≤1% 90% 
The eligibility threshold s identified in Table III -20 would become applicable 
beginning January 1, 2024. This proposal has been developed in collaboration with 
interested ACP companies and other stakeholder s. 
b. IPE Eligibility Criteria  
The Consumer Products Regulation ’s IPE provisions provide manufacturers with the 
opportunity to market innovative products  that are not otherwise  complying with 
the Consumer Products Regulation, if they can demonstrate that the special 
features of their product allow it to result in lower in -use VOC emissions than a 
typical compliant product. To use this alternative, the manufacturer must 
demonstrate by clear and convincing evidence that the use of the innovative 
feature will res ult in fewer VOC emissions than from a representative product that 
complies with the applicable VOC standard . Examples of features that could result 
in such fewer VOC emissions could include a more efficient application technique, a 
greater percentage of a ctive ingredients, or more effective active ingredients.   
III-87 In recent years, some manufacturers have inquired about whether CARB would 
consider an air freshening catalytic lamp to be IPE-eligible . This product typically 
consists of a ceramic burner and flamma ble wick , which extends down into a lamp 
filled with fragrance oil . Combustion of the fragrance oil results in lower in- use VOC 
emissions relative to other fragranced air fresheners that do not combust . Staff 
does not believe that product combustion should  be considered innovative for the 
purposes of demonstrating lower in- use emissions. While combustion may result in 
reduced VOCs, it may also generate increased oxides of nitrogen (NOx) , 
particulate matter (PM), and air toxic emissions . In addition, many co mbustion -
based consumer products, such as air freshening candles or catalytic lamps, are 
commonly used indoors, resulting in a greater potential for personal exposure to 
indoor NOx , PM, and air toxic  emissions and associated health risks. CARB staff 
theref ore believes it is unwarranted to trade -off lower in -use VOC emissions due to 
combustion for increased NOx, PM, or air toxic emissions, given the potential for adverse air quality or public health impacts from those emissions . Thus, staff 
proposes to updat e the IPE eligibility criteria to clarify that this combustion 
approach is not  considered IPE -eligible.  
4. IPE Eligibility Criteria for Products Utilizing Compresse d Gas 
Propella nt Instead  of HFC -152a  Propellant  
The Proposed Amendments also include amendments  to IPE eligibility criteria for 
“Hair Finishing Spray ,” “Dry Shampoo,” and “Personal Fr agrance Product”  
products  that utilize compressed air, compressed nitrogen, or compressed carbon 
dioxide  propellant . These amendments are intended to encourage product 
manufacturers to develop and market innovative products that utilize compressed gas propellants  instead of HFC -152a in these three product categories.  
a. Overview and Background  
Existing methods for determining product compliance with applicable VOC standards  (based upon ingredient weight) may make manufacturers less likely to 
utilize compressed gas propellants due to their very low weight relative to other exempt propellants such as HFC -152a . For example, a typical “Hair Finishing 
Spray”  might consist of 4 5 percent HFC -152a propellant and 55  percent VOC 
ingredients (by weight ), which the HFC -152a discharges onto the hair . Assuming , 
for the sake of simplicity , that the non- propellant ingredients are all VOCs, this 
product would comply with a 55  percent by weigh t VOC standard  (i.e., 4 5 percent 
by weight exempt HFC -152a and 55 percent by weight other VOC ingredients) . In 
contrast, a product utilizing a compressed gas propellant may emit the same weight  of VOC ing redients onto the hair , but the much lighter compres sed gas 
propellant may only account for two  percent of the product weight . Assuming that 
all the non- propellant ingredients are VOCs, the product with compressed gas 
propellant  (which emits the same mass of functional ingredients)  would have a VOC 
content of 98 percent by weight.  
Both HFC -152a and compressed gas propellants are responsible for negligible 
amounts of ozone formation and are therefore not counted towards a product’s 
VOC content . However, HFC -152a has a much greater climate  footprint  than 
compressed nitrogen or air, which are not greenhouse gases, and carbon dioxide,  
III-88 which has a global warming potential of one . HFC-152a  has a GWP of 124 , which is 
below the GWP threshold of 150 established in Consumer Product Regulation 
section 94509(n)(1) , which  prohibit s the use of higher  GWP compounds in certain 
consumer product categories.  
Prohibition of HFC- 152a across all  consumer product categories would require a 
technical assessment of feasible alternatives, and may necessitate less stringent 
VOC standard s in cases where non- VOC alternatives do not exist . Due to its 
relatively low GWP, HFC -152a was also not prohibited by CARB’s recently- adopted 
regulation , ‘Prohibitions on Use of Certain Hydrofluorocarbons in Stationary 
Refrigeration and Foam End -Uses’  (Cal. Code Regs., tit. 17, Division 3, Chapter 1, 
Subchapter 10, Article 4) and the California Cooling Act (Senate Bill 1013) which, 
among other restrictions, prohibit the use of higher GWP propellants in most consumer product categories.  
The negligible air q uality, climate change , and potential health or environmental 
impacts of compressed gas propellant relative to HFC -152a or other chemically 
formulated propellants make it an excellent choice from an air quality and public health perspective. However, due to the low expansion ratio of compressed gases, 
the sprays are fairly wet, and the foams are not as stable as those produced by 
liquefied gas propellants, making them challenging to utilize for many product 
types . Higher gas pressures are also required in c ompressed gas aerosols, and the 
pressure typically diminishes as the product is used.  
Some product manufacturers have indicated that they intend to comply with lower 
proposed VOC standards for aerosol “Hair Finishing Spray ,” “Dry Shampoo ,” and 
“Personal Fr agrance Product”  by, among other strategies, increasing their 
products’ HFC -152a content . However, other  manufacturers whose corporate ethos 
dictates that they minimize their carbon footprint have expressed interest in developing and marketing innovative products that are able to utilize compressed 
gas propellant  in these three categories.  
b. Staff Proposal 
Existing IPE provisions provide a mechanism by which a manufacturer can demonstrate that a n innovative  product, due to some  unique characteristic, results 
in less V OC emitted per usage than a “ representative” product in the same 
category,  even though the innovative product’s VOC may exceed the applicable 
standard . Staff’s proposal would  provide a new IPE eligibility pathway , by which an 
innovative product th at utilizes zero- emission compressed gas propellant  can 
demonstrate lower GW P and no greater ozone forming potential (OFP) than a 
“representative HFC-152a product”  in the same category. “Propellant” for the 
purposes of this proposal is defined as described  in Consumer Product Regulation 
section 9450 8(a)(108).  
The “Hair Finishing Spray, ” “Dry Shampoo ” and aerosol “ Personal Fragrance 
Product”  categories  were selected for this proposed flexibility  because HFC-152a 
is the most common propellant in the “Hair Fin ishing Spray” and aerosol “Personal 
Fragrance Product” categories, and is expected to be the  primary propellant 
option if proposed “Dry Shampoo” VOC standards are  adopted. 2015 Consumer  
III-89 Products Survey data indicates that compressed gas propellants we re no t utilized 
in any of these categories, making it an innovative potential technology 
advancement for these product types . Some manufacturers have indicated that 
CARB’s proposed VOC standards for all three of these categories could  provide an 
opportunity to reformulate to meet the new standards  with cleaner compressed 
gas rather than continuing to rely upon HFC -152a . 
Staff’s proposal would require that an innovative  product in the “Dry Shampoo,” 
“Hair Finishing Spray,” or “Personal Fragrance Product” categori es meet  the 
following criteria  to be eligible for this proposed IPE flexibility : 
• Section 94509(c)(1):   At least 50 percent, by volume, of propellant ingredients 
are compressed air, compressed nitrogen, or compressed carbon dioxide , and 
the weight of the pr oposed innovative product propellant not exceed 50 
percent of the weight of the representative product propellant. This would 
exclude any gas in the headspace of the container that is not compressed and 
used as a propellant (i.e., “to expel a liquid or oth er material from the same 
pressurized container…”) ; 
• Section 94509(c)(2):   The replacement of HFC -152a with compressed gas 
propellant lead to the innovative product having a lower GWP than the 
representative product;  
• Section 94509(c)(3):   The amount  of prod uct delivered by innovative product 
must be equal to or more than the mass of product delivered by the representative product;  and 
• Section 94509(c)(4):   The ozone -forming potential (OFP) of the innovative 
product may not exceed that of a representative consumer product, based 
upon the Table s of Maximum Incremental Reactivity Values in section 94700 of 
the Consumer Product s Regulations . 
The first criteri on, above, is intended to ensure that innovative products utilize a 
significant quantity of compressed gas propellants , while allowing flexibility for 
manufacturers to utilize  compressed gas- hydrocarbon  (or other propellant) 
mixtures . The second  criterion specifies the source of GWP values to be used for 
comparison of the representative and innovative product’ s GWPs . While more 
recent IPCC assessment report GWP values are available, the fourth assessment 
report values are proposed to be consistent with the vintage CARB utilizes for its 
current emission inventory. The third criteri on, above, helps ensure an appl es-to-
apples comparison of functional product utilized by the consumer  between the 
innovative product and the representative HFC -152a product. Reductions in 
product GWP and OFP must be based upon an equivalent amount of product 
emitted by, and utilized by,  the consumer . Finally, the fourth  criteri on, above,  
requires that an innovative product’s OFP may not exceed that of the 
representative HFC -152a product , to ensure that GWP benefits are not achieved at 
the expense of ozone reductions.  
In addition, the Pro posed A mendments identify generic “representative HFC -152a 
products” for “Hair Finishing Spray,” “Dry Shampoo,” and “ Personal Fragrance 
Product,” as shown in Table III- 21, below . These generic  HFC-152a product 
formulations are based on an anticipated typic al HFC -152a product that complies  
III-90 with proposed standards for these three categories, and are intended to provide 
manufacturers with certainty regarding an acceptable “representative HFC -152a 
product” formulation for purposes of the IPE application evaluat ion. The Proposed 
Amendments also provide manufacturers the flexibility to propose their own 
“representative HFC -152a product.”  An IPE based upon a r epresentative HFC -
152a  product formulation woul d be valid for as long as the representative HFC-
152a  produ ct’s VOC content is less than or equal to the applicable product 
category’s  VOC standard . For example, an IPE for which an innovative “D ry 
Shampoo” is compared with a representative HFC -152a product with  55 percent 
VOC content would only be valid until Dec ember 31, 2028, since a 50 percent VOC 
“Dry Shampoo” standard would take effect after that date . This is necessary to 
ensure IPE products meet all applicable IPE eligibility criteria relative to  the 
applicable VOC standards at the time new standards are im plemented.  
Table I II -21: Representative HFC -152a Product Formulations  
Product Category and 
Applicable VOC Standard  
  Weight Percent by Ingredient  
Ethanol  HFC- 152a  Fragrance1  Other 
Volatile2 Non-Volatiles 
and Exempt VOCs
3 
Hair Finishing Spray: 
50% VOC  45 45 0.1 3.9 6 
Dry Shampoo:  
55% VOC  30 29 0.2 30.8 10 
Dry Shampoo:  
50% VOC  30 33 0.2 26.8 10 
Personal Fragrance 
Product : 70% VOC  40 15 2 30 13 
Personal Fragrance 
Product : 50% VOC  30 30 2 22 16 
1 – “Fragrance” has assigned MIR value of 6.36 for terpin olene. 
2 – “Other Volatile” ingredients i ncludes VOC and LVP -VOCs , with an average MIR of 0.9,  
based upon representative ingredient mix.  
 3 – “Non -Volatiles and Exempt VOCs” are assigned an MIR  value  of 0.00.  
In recognition that MIR values for most fragra nces do not yet exist, staff proposes 
assigning fragrance the terpinolene MIR value of 6.36 for the purposes of 
determining representative and innovative products OFPs. This value represents an 
assumed “worst case” fragrance MIR, and is the default fragran ce MIR value for the 
purposes of CARB’s reactivity- based standards . Use of th is default fragrance MIR 
value for both the representative and innovative product helps ensure that an 
innovative product cannot utilize a fragrance with a known, lower MIR to 
demonstrate lower OFP than the representative product utilizing the “worst case” 
fragrance MIR . 
Finally, staff’s proposal would allow minor changes to an approved IPE compressed 
gas product’s fragrance or non -reactive ingredients without necessitating a new 
application process . For “Hair Finishing Spray,” or “Dry Shampoo”  IPE products, 
the change in  fragrance plus non- reactive ingredient weight  could not exceed 0.5 
percent of the total product weight . For “ Personal Fragrance Product,” products,   
III-91 which typically have higher fragrance content, the change in fragrance plus non-
reactive ingredient weight  could not exceed 2.5 percent of the product weight . 
Under no circumstances could these changes result in an increase in prod uct O FP. 
IPE product ingredient changes that meet all of these criteria would require CARB 
notification rather than a  new IPE application. 
CARB’s intends  these proposed IPE provision s to encourage manufacturer 
research, development, and marketing , and consumer acceptance of a greater 
diversity o f aerosol products utilizing compressed gas propellants, which  would 
reduce VOC emissions from consumer products , by addressing a disincentive for 
their use in the current regulatory paradigm . Providing this regulatory incentive for 
the “Dry Shampoo ,” “Hair Finishing Spray ,” and “Personal Fragrance Product” 
categories provides an opportunity for the development of innovative new product 
formulations as manufacturers create  new products to comply with proposed new 
and lower VOC standard s. At the same time, t he IPE framework enables CARB staff 
to ensure new products utilizing compressed gas are responsible for equivalent or 
lower VOC emissions and , thus, ozone -forming potential . Implementing  the 
proposed IPE provisions for these three categories will provide C ARB insight into 
further opportunities to encourage compressed gas propellants in future regulatory proposals . 
In order for California to meet its climate challenges , and ensur e clean, healthy air 
for all residents, it will be critical to further develop i nnovative technologies that 
simultaneously reduce greenhouse gasses , toxics, and smog -forming emissions. 
While the technical challenges remain real, compressed gas propellants have the potential over the next decade to become a feasible alternative to HFC -152a  in a 
diversity of product categories . Such an alternative would enable CARB to restrict 
or prohibit use of HFC -152a as a propellant, while maintaining progress made in 
lowering consumer product VOC content.  
5. Plastic Pipe Adhesive  
CARB staff is proposin g to create a new special purpose aerosol adhesive category 
and VOC standard for plastic pipe labeled exclusively to bond segments of acrylonitrile butadiene styrene , polyvinyl chloride, and/ or chlorinated polyvinyl 
chloride together . This type of product is currently subject to the 30 percent VOC 
standard for the “Mist Spray Adhesive” category, but was not included in the product surveys that underpinned the rulemaking which lowered the VOC standard 
from the  original level of 65 percent VOC  (CARB 2013) . Thus, staff’s  proposal 
would create a new “Special Purpose Spray Adhesive” category for these products 
called "Plastic Pipe Adhesive ," set a standard of 60 percent VOC for the new 
category, and exclude the category from the  “Mist Spray Adhesive” category.  
Staff’s evaluation of this category and discussions with the product manufacturer 
suggest that  in-use emissions may be lower than for typical liquid plastic pipe 
cement  that it would replace , due to a greater potential for evaporation from liquid 
product containers between uses. Staff anticipates , based on 2015 Consumer 
Products Survey  data and stakeholder feedback , that less than 2500 units of this 
product would be sold annually in California, and that staff’s proposal would have a 
negligible emission impact .  
III-92 6. Exclusion of Denatured Alcohol Products Used to Maintain Electrical 
Equipment Owned by Public Utilities from the “Multi- purpose 
Solvent” Category 
CARB staff is proposing to create a narrow exclusion from the  “Multi -purpose 
Solvent” category for products used to maintain electrical equipment owned by 
public utilities . Some public utilities have requested this narrow exemption for 
denatured alcohol products that are specified by utility equipment manufacturers 
as the sole method of maintaining specific, specialized electrical equipment  owned 
and operated by public utilities . 
Staff discussions with affected public utilities  suggest that some may explore with 
their denatured alcohol vendors the potential to have denatured alcohol products 
relabel ed at the point of sale  to exclude them from the “ Multi -Purpose Solvent ” 
definition and associated VOC standards . Other utilities have indicated that they 
believe these products may be exempt from CARB regulation . Staff’s proposal is 
intended t o provide clarity to affected stakeholders, and ensure that public  utilities 
are able to properly and safely maintain critical electrical equip ment . This proposal 
would exempt denatured alcohol used for this purpose from  the “Multi -Purpose 
Solvent” category’s VOC standards , although this product’s use may still be subject 
to local air district regulation . CARB anticipates a negligible emission impact from 
this proposal due to its  narrow  applicability. 
7. Tables of MIR Values 
Staff is proposing to add three additional ROCs to the Tables of Maximum 
Incremental Reactivity Values, MIR Values for Compounds (title 17, CCR, section 
94700) . This proposal would provide manufacturers additional flexibility in 
formulating aerosol coating and “Multi -purpose Lubricant” products, and allow for 
use of  a greater number of low reactive ingredients in formulating these and other 
potential products . The three ROCs staff is proposing to add to the Tables of MIR 
Values are:  
• 1-Chloro- 3,3,3 -Trifluoropropene : The MIR value for HFO -1223zd was 
available before th e 2010 update, but was not included at the time . In 2009, 
an experimental and modeling study was carried out to assess the impacts of this compound on ground -level ozone formation , and derive its MIR value 
(Carter, 2009) . Within the same timeframe, studies for two other 
hydrofluoroolefin (HFO) compounds, trans - 1,3,3,3- tetrafluoropropene 
(trans -HFO -1234ze) and 2,3,3,3- tetrafluoropropene (HFO -1234y), were also 
conducted and their MIR values were derived . All three HFO compounds are  
VOC- exempt under federal l aw due to their low reactivity, and in the 2013 
rulemaking, CARB exempted HFO -1234ze. In the 2010 CARB rulemaking, 
the MIR values for trans -HFO -1234ze and HFO -1234y , along with many 
additional ROCs , were added to the Table of MIR Valu es, but the MIR value 
for HFO -1233zd was not . Therefore, CARB staff is  proposing to now add the 
MIR value for HFO -1233zd to the Table of MIR Values for Compounds.  
• Alkane Mixed - Minimally 90% C13 and higher carbon number : This is a 
generic name for an aliphatic hydrocarbon solvent blend . Prior to the 2010  
III-93 Update, the MIR value for this complex mixture  was listed in the Table of 
MIR Values for Compounds . In 2010, the MIR values for many R OCs were 
updated and MIR values  for hundreds of new compounds were added . 
During this process and due to several compound names modification, the 
MIR value for this aliphatic hydrocarbon solvent blend  was unintentionally 
omitted . We are now proposing to again add it to the Table of MIR Values.  
• Diethyl Carbonate:  Stakeholders identified  diethyl carbonate as a compoun d 
that can be used in formulating aerosol coating products and potentially 
other consumer products . This specific chemical compound has a simple 
chemical structure , but the MIR value is not listed in the existing Table of 
MIR Values . Similar carbonated compounds that are already present in the 
existing Table of MIR Values  include: dimethyl carbonate, propylene 
carbonate, methyl isopropyl carbonate , and diisopropyl carbonate . Methyl 
isopropyl carbonate , which has a similar molecular weight , is an appropriate 
surrogate for estimating the MIR value for diethyl carbonate without having 
to perform additional experimental work. CARB staff worked with 
Dr. William P.L. Carter (University of California, Riverside) , the developer of 
the numeric MIR scale, to ensure that the process of calculating diethyl carbonate’s reactivity value and all calculation details are consistent with the process and calculation details utilized to derive the 2010 MIR values, so no 
peer review is needed because that process and calculation details have 
already been peer reviewed . The methods and results of estimating MIR 
value  for a new expli cit compound, diethyl carbonate can be found in the 
report by Venecek (Venecek, 2020).  
8. U
pdates to Test Method 310  
In this rulemaking,  staff is proposing amendments to “ CARB Test Method 310: 
Determination of Volatile Organic Compounds I(VOC) in Consumer Products and 
Reactive Organic Compounds (ROC) in Aerosol Coating Products (Method 310),” 
which was first adopted in 1997 and has since been amended several times. The 
primary purpose of the Proposed Amendments to Method 310 is to make updates  
for clarity and consistency , to remove and add several reference test methods , and 
to revise equations to better reflect how CARB staff calculates VO C and ROC.  
CARB Staff propose s additions of the  definitions of chemical “compound” and 
chemical “mixture” to Section 1 to  standardize  the use of scientifically accepted 
descriptor terminology throughout Method 310.  
Staff propose s to divide Section 2 into two parts: Section 2.1 - Reference Methods, 
and Section 2.2 - Literature References. Section 2.1 is proposed to include 
Reference Methods, reordered alpha -numerically for ease of navigation. Proposed 
new section  2.2 would contain all peer-reviewed and publi shed scientific literature 
sources. This would  aid in navigating Section 2.  
Staff also propose s to revise language and update the existing equations in Section 
4 to provide clearer language and more uniform presentation of the existing 
equations. A new sec tion (Section 4.1) is proposed to provide specific language 
and equations for Article 1 (AP/DO) samples . Additionally, revised language and  
III-94 equations now used for consumer products with VOC embedded within a delivery 
substrate, like dryer sheets, are proposed to be extended to  a broader range of 
Consumer Products, such as potpourri or scented candles.  
Staff also propose s changes to Section 5 to provide a clear and uniform description 
of ROC determination s using  Method 310. In addition, staff proposes to add  a new 
Section 6: Calculation o f Product Weighted MIR PWMIR Using ROC Content . This 
new section would specif y the equation to calculate the PWMIR for products 
subject to reactivity- based limits. 
IV-95 IV. Purpose  and Rationale for Each Regulatory Provision  
In this chapter, we provide a more detailed description of each of the Proposed 
Amendments, and explain the purpose and rationale for each of the amendments.  
Minor administrative non -substantive modifications to various subsections, wording 
modifications, and correction of typographical errors are also proposed , the 
purpose and rationale for which will also be discussed below.  
General Proposed Amendments:  
Staff p ropose to add “California” to each mention of the “Air Resources Board” 
throughout the Antiperspirants and Deodorants, Consumer Products, Alternative 
Control Plan, and Aerosol Coating Products Regulations; and Test Method 310 to 
make the regulatory language consistent with references to the agency in other recent regulations . In 2019, the California Air Resources Board started to use its 
new Logo and the acronym “CARB” instead of “ARB ,” to reflect its position as a 
State agency . Therefore, we are also proposing to modify uses of “ARB” to  
“CARB ” as an acronym for the California Air Resources Board  throughout all the 
consumer products  regulations to be  consistent with how the Agency is referring to 
itself generally . These proposed amendments are non- substantive, and will not 
change the meaning, interpretation, or implementation of the Consumer Products regulati ons. 
 
P
urpose for Proposed Amendments to Sections 94501(e) , 94508 (a)(41), and 
94521(a)(27)  
Staff is proposing to modify the definition of “ Executive Officer” in the 
Antiperspirants and Deodorants Regulation, Consumer Products Regulation, and Aerosol Coatin g Products Regulation by adding “California” in front of “Air 
Resources Board” and replacing “his or her” with “their.”   The CARB Board is 
allowed to delegate its duties to the Executive Officer, and the Executive Officer 
may redelegate their duties. (Heal th & Saf. Code, 
§§ 39515, 39516.)  By previous 
adoption of this regulation, the CARB Board has previously delegated certain 
duties to the Executive Officer in this regulation, and the Executive Officer or their 
delegate is charged with undertaking many actions throughout this regulation to implement it. This definition helps regulated entities understand what the term 
“Executive Officer” means as it is used throughout the Antiperspirants and Deodorants , Consumer Products, and Aerosol Coating Products Regula tions.  
Rationale for Proposed Amendments to Section 94501(e ), 94508(a)(41), and 
94521(a)(27) 
The proposed definition change s for “Executive Officer” would reflect the fact that 
CARB now uses its full name to refer to itself across agency documents and 
regulations, making this regulation consistent with other regulations. Further, the 
proposed definitional change proposes to replace gendered pronouns with 
gender -neutral language, to reflect changing societal norms and make the 
regulation more inclusive, to reflect agency policy to respect those that don't  
IV-96 identify as male or female . These proposed changes are needed to make sure the 
definition of Executive Officer is consistent across different CARB regulations, so 
that the definition of Executive Officer remains clear to the regulated community.  
A. Antiperspirants and Deodorants Regulation  
Purpose for Proposed Amendments to Section 94501 Authority and Reference  
 
C
ARB staff is proposing to add Health and Safety Code sections 39515 and 39516 
to the authority and  references for this section. Section 39515 provides authority 
for CARB to appoint an executive officer, and to delegate statutory duties to the 
executive officer . Section 39516 provides that the executive officer can redelegate 
to a subordinate anything delegated to the executive officer .  
Rationale for Proposed Amendments to Section 94501 Authority and Reference  
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section to reflect CARB’s specific authority to adopt a regulation 
that delegates its legal powers and duties to the executive officer, who may then 
redelegate to a subordinate, which this regulation is implementing . Further, CARB 
proposes to add Health and Safety Code sections 39515  and 39516 as referenc es 
for this section, to reflect that these sections are also to be referenced when 
reading this section. These Proposed Amendments do not substantively change the 
operation of the regulat ion; instead, they serve to clarify that the CARB Board may 
and does delegate its duties to the Executive Officer, who redelegates them to a 
subordi nate. These delegations are necessary to CARB’s proper functioning and 
ability to implement this regulation, which has many different provisions needed to 
achieve the State’s  air quality goals and mand ates.  
Purpose for Proposed Amendments to Section 94502  
Staff proposes to amend section 94502(c) to simplify the regulatory references by 
removing “ Division 3, Chapter 1, Subchapter 7.”   
Rationale for Proposed Amendments to Section 94502  
The proposed change to subsection (c)  to remove “ Division 3, Chapter 1, 
Subchapter 7” will leave only the citation directly to the section number in Title 17 of the California Code of Regulations . This proposed change removes unnecessary 
legalese, which will make it easier for the average person and new regulated entities reading the regulation to understand where to find the reference, making it easier to understand the requirements , so that regulated entities can comply with 
the regulation a nd CARB can achieve the needed emission reductions.  
Purpose for Proposed Amendments to Section 94506 (a)(1)  
Section 94506 sets forth test methods to be used, by regulated entities and by CARB,  to determine the VOC content of an antiperspirant or deodorant  for the 
purpose of determining a product’s compliance with the regulation , thereby 
ensuring achievement of the VOC emission reductions intended by the regulation.  
IV-97 Staff is  proposing a non -substantive modification to update the title of Method 310 
by adding “Califor nia.”  The title would state: “California Air Resources Board 
Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer 
Products and Reactive Organic Compounds (ROC) in Aerosol Coating Products.”  
CARB is  also proposing to update  the date M ethod 310 was last amended to the 
date this regulation is adopted . 
Rationale for Proposed Amendments to Section 94506 (a)(1)  
The proposed addition of “California” to the  title of  Method 310 is necessary to be 
consistent with how the Agency is currently referring to itself . Referring to the most 
recent effective date for the method, which would be, if these amendments are 
approved, the date these Proposed Amendments become effective is necessary to 
let regulated entities know that they should use this updated  version of Method 
310 in complying with the regulation,  and to clarify that the updated CARB Method 
310 will be used for compliance verification.  
Purpose for Proposed Amendments to Section s 94506(a)(2) (3.4) and (a) (2)(3.6) 
Subpart (2) of the “Test Methods” section 94506 reproduces sections 3.4 and 3.6 
of the CARB Method 310. We are proposing changes to the reproduced sections  
3.4 and 3.6, so it is consistent with the Proposed Amendments to the CARB 
Method 310.  
Rationale for Proposed Amendments to Section 9 4506(a)(2) (3.4) and (a)(2)(3.6)  
Proposed Amendments to the reproduced section s 3.4 and 3.6 of the CARB Methods 
310 are necessary to reflect the changes proposed to these sections in the actual 
CARB Method 310 language, which are further describe below.  
Purpose for Proposed Amendments to Section 94506(a)(2)(3.4)   
Staff is propos ing to change section 3.4 to make it clear that the Executive Officer 
has discretion to make a VOC content determination, if it applies to the specific 
product being tested, and that,  if done, the VOC content determination shall be 
done pursuant to sections 3.2 and 3.3.  
Staff is also proposing to replace “will” with “shall.”  
Staff is proposing to replace “formula” with “equation” in subsection 3.4.1. Also, in 
subsection 3.4.1, staff is proposing to add references to replace the generic 
reference to “CARB regulations” with references to specific sections of the California Consumer Products Regulations that specify the VOC standards for consumer products that are regulated by CARB.  
In sub section 3.4.2 staff is proposing to make the following changes:  
• replace “will” with “may;”  
• add a timeline of 25 working days from an Executive Officer request for a  
IV-98 responsible party to supply product formulation data when the product does 
not meet the app licable VOC standards;  
• clarify how the Executive Officer shall treat confidential information and streamline references to CARB’s confidentiality regulations, including by deleting “CCR, Division 3, Chapter 1, Subchapter 4 (Disclosure of Public Records);” and 
• add the sentence “Failure to respond to an Executive Officer request for this 
information is a violation.”  
In subsection 3.4.3, staff is proposing to replace “If the information supplied by the 
responsible party shows that the product does not meet the applicable VOC 
standards, then the Executive Officer will take appropriate enforcement action” 
with “If the Executive Officer determines, based on testing, information they may receive from the responsible party, and any other applicable evidence, that th e 
product does not comply with the applicable VOC standard, the Executive Officer 
may take appropriate enforcement action.”  
Staff is proposing to delete subsection  3.4.4.  
Rationale for Proposed Amendments to Section 945 06(a)(2)(3.4)
 
Adding “if” clarifies t hat not all testing will require CARB to make a VOC 
determination, depending upon the product being tested and what CARB is testing for . The rest of the proposed changes to the first paragraph of section 3.4 
makes it grammatically work with the addition of  “if,” and makes it more clear that 
CARB will use sections 3.2 and 3.3 to make a VOC content determination. Replacing “will” with “shall” makes it more clear that this it is mandatory.  
Replacing “formula” with “equation” in subsection 3.4.1 is necessary because it would correctly reflect that the VOC content is calculated using mathematical 
equations that manipulate various parameters to arrive at a VOC content of the 
analyzed product.  
According to the California Consumer Products Regulations, categories of  
consumer products that are regulated by CARB are required to remain below or meet the percent VOC by weight standards . Those standards are in sections 94502 
and 94509 of the California Consumer Products Regulations (title 17 of the California Code of Regu lations) . Staff is proposing to reference those specific 
sections in subsection 3.4.1 of Method 310 to explicitly state that when an Executive Officer determines whether a product meets the applicable VOC standards, the Executive Officer refers to VOC stan dards presented in the 
abovementioned sections. Replacing a generic reference to CARB regulations with 
the specific sections will make it easier for a regulated entity reading Method 310 to know what to reference and more clear what standards they are being held to under Method 310, too.  
According to the California Consumers Products Regulations, the Executive Officer 
may request a responsible party to submit formulation data within 25 working days  
IV-99 and CARB is required to handle the formulation data as conf idential as allowed 
under law . Failure to submit the requested formulation data is a violation. Staff is 
proposing to add that information to subsection 3.4.2 of Method 310 to remain 
consistent with the California Consumer Products Regulations, so that all  the 
information is in here, too, instead of making the reader go back and forth, and so that the specific requirements, as well as the fact that it’s a violation not to provide 
the requested data on time, are clear to regulated entities.  
Staff is proposing to delete the phrase “CCR, Division 3, Chapter 1, Subchapter 4 
(Disclosure of Public Records)” from subsection 3.4.2 because it is unnecessary language . Deleting is helps streamline the reference to the pieces that a reader 
needs, just the title, CCR, and section number, which makes it easier for a layperson to read and find the reference. Deleting the reference to the 
“confidentiality procedures” removes unnecessary language, to help make it more 
clear and thus easier to read and understand this section.  
Staff is proposing to modify subsection 3.4.3 to reflect that CARB can determine 
that a consumer product has violated VOC standards based not only on information provided by the responsible party, but also based on testing and any 
other applicable evidenc e. This change brings Method 310 up to date with how 
CARB actually conducts enforcement, based on all available information.  
Staff is proposing to delete subsection 3.4.4 because the clarifications made to 
subsection 3.4.3 make this subsection redundant and no longer needed.  
Purpose for Proposed Amendments to Section 94506(a)(2)(3. 6) 
Staff is proposing to add that the Executive Officer may use their scientific judgment to perform additional analyses if the product’s VOC compliance is not 
resolved under sect ions 3.4 and 3.5.  
Staff is also proposing to delete sub section  3.6.1 and renumber the rest of the 
subsections accordingly.  
Finally, staff is proposing to replace “will request” with “may ask” and add 
“additional” in front of “information to explain the di screpancy” in subsection 
3.6.2, renumbered as 3.6.1.  
Rationale for Proposed Amendments to Section 94506(a)(2)( 3.6) 
The proposed changes to section 3.6.1 will clarify that the criteria to be used to 
determine whether further analyses and testing are required is the Executive 
Officer’s scientific judgment, which reflects what CARB actually does and is 
generally accepted as a basis for requiring additional information. Replacing “will” 
with “may” clarifies that the Executive Officer has the option to conduct f urther 
analyses and testing, but that it is not required and will not automatically happen.  
Section 3.6.1 is proposed to be removed because it is misleading and unneeded . 
CARB may take enforcement action on many bases, and has enforcement  
IV-100 discretion to do so, and this subsection as written may give the false impression 
that if this one basis is resolved, no enforcement action will be taken at all.  
Because section 3.6.1 is proposed to be removed, existing section 3.6.2 will become section 3.6.1, and existing section 3.6.3 will become section 3.6.2, to keep them in numerical order.  
Replacing “will request” with “may ask” clarifies that the Executive Officer has discretion to request such information, but need not . Adding “additional” in front 
of “information to explain the discrepancy” in renumbered subsection 3.6.1 clarifies that this information is additional to other information CARB can request of the responsible party under the regulations and Method 310, and that CARB can use other information it has to explain the discrepancy, too.  
Purpose for Proposed Amendments to Section 94506 Authority and Reference  
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, 41503.5, and 41700 to the authority for this section. Section 39515 provides 
authority for CARB to appoint an executive officer, and to delegate statutory duties to the executive officer. Section 39516 provides that the E xecutive Officer can 
redelegate to a subordinate anything delegated to the E xecutive Officer . Section 
41503.5 requires CARB to ensure that every reasonable action is taken to achieve 
State ambient air quality standards for ozone by the earliest practicable date . 
Section 41700 prohibits the discharge from any source of air contaminants or other materials that negatively impact Californians and their health, safety, or property.  
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 
39701, and 41700 to the references cited for this section. Section 39000 sets out 
the State Legislature’s findings that Californians have an interest in the quality of 
the environment in which they live, and that this environmental quality is being degraded by pollution . Section 39003 charges CARB with coordinating efforts to 
attain and maintain ambient air quality s tandards . Section 39701 requires CARB to 
coordinate and collect research data on air pollution
. 
 
Rationale for Proposed Amendments to Section 94506 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39616 to the authori ty for this section to reflect CARB’s specific authority to adopt a regulation 
that delegates its legal powers and duties to the executive officer, who may then 
re-delegate them to the appropriate CARB staff under the Executive Officer, which 
this regulation is implementing . CARB proposes to add section 41503.5 to reflect 
that this regulatory provision is another reasonable action CARB is taking to 
achieve State ambient air quality standards for ozone by the earliest practicable date, thereby implementing 4 1503.5. CARB proposes to add section 41700 to the 
authority for this section because this section will limit the discharge of VOCs, which negatively affect public health, from consumer products, so this provision is indirectly implementing section 41700.  
  
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 39701, and 41700 to the references cited for this regulatory provision because they  
IV-101 provide additional context about Legislative intent and authority related to the 
regulatory p rovision.  
B. Consumer Products Regulation  
Purpose for Proposed Amendments to Section 94508(a)( 1)(A)(2)(f) 
This section would create and define a  new “Plastic Pipe Adhesive” subcategory 
under the “Special P urpose Spray A dhesive” category .  
 
Ra
tionale for Proposed Amendments to Section 94508(a)( 1)(A)(2)(f)  
This section is needed  to define a nd create  a separate  VOC standard for the 
proposed “Plastic Pipe Adhesive” category. Plastic pipe adhesive products are 
considered “Mist Spray Adhesive” in the current regulat ion, and are therefore 
currently subject to the “Mist Spray Adhesive” products’  30 percent VOC standard . 
Staff’s evaluation of the feasibility of the 30 percent VOC standard for “Mist Spray 
Adhesive” products in previous rulemakings did not account for aer osol adhesives 
used to bond segments of acrylonitrile butadiene styrene , polyvinyl chloride, or 
chlorinated polyvinyl chloride pipe together. Such products currently require a 
higher VOC content to function properly, and a new subcategory definition under 
“Special Purpose Spray Adhesive” is required so that  a more feasible VOC 
standard can be implemented.  
Purpose for Proposed Amendments to Section 94508(a)(1)(A)(2)( g) through ( i) 
The definitions in sections 94508(a)(1)(A)(2)(f ) through 94508(a)(1)(A)(2)( h) would be 
renumbered as sections 94508(a)(1)(A)(2)(g) through 94508(a)(1)(A)(2)(i). 
Rationale for Proposed Amendments to Section 94508(a)(1)(A)(2)( g) through ( i) 
These amendments are needed to accommodate a proposed definition for “Plastic 
Pipe Adhesive”  in alphabetical order in s ection 94508(a) (1)(A)(2)(f), and to retain the 
remaining three existing definitions that follow , in alphabetical order . Putting these 
in alphabetical order makes it easier for regulated entities to find specific terms in the regulation, which makes it easier to comply and, thus, for CARB to achieve the emission reduction ends of the regulation overall.  
Purpose for Proposed Amendments to Section 94508(a)(6)  
This subsection would  amend  the existing “Air Freshener” subcategory definitio ns 
(A) through (C), “ Double Phase Aerosol Air Freshener”, “Dual Purpose Air 
Freshener/Disinfectant”  and “Single Phase Aerosol Air Freshener ,” to only apply  to 
products manufactured before January 1, 2023 . This subsection would also add  
and describe  the fol lowing five new “Air Freshener” subcategory definitions that  
would apply to product s manufactured on or after January 1, 2023 : “Automatic 
Aerosol Air Freshener ,” “Concentrated Aerosol Air Freshener ,” “Dual Purpose Air 
Freshener/Disinfectant ,”, “Manual Aero sol Air Freshener ,” and “Total Release 
Aerosol Air Freshener.”    
IV-102 Health and Safety Code section 41712(g) allows consumer product s manufactured 
before the effective date  of a new regulation to continue to be sold for three years 
after the new regulation’s ef fective date if the manufacturing date or date code is 
clearly on the products . CARB is thus creating new subcategories to achieve further 
feasible VOC reductions emitted by these consumer products, while also allowing 
for the three -year sales grace period  established by the Legislature.  
Rationale for Proposed Amendments to Section 94508(a)(6)  
Products manufactured before January 1, 2023:  
This section is necessary for existing VOC standards to continue to apply for 
“Double Phase Aerosol Air Freshener ,” “Dual Purpose Air Freshener/Disinfectant ,” 
and “Single Phase Aerosol Air Freshener”  products manufactured before January 
1, 2023 . The c ontinued applicability of VOC standards for these types of products 
manufactured prior to January 1, 2023 , is needed to ensur e California continues to 
achieve the anticipated emission reductions from these types of products until that date, to continue to progress toward State and federal air quality mandates , while 
honoring the three- year sales grace period established by the L egislature in Health 
and Safety Code section 41712(g) . It also allows a grace period that ensures 
manufacturers have time to comply with the new standards . 
Products manufactured on or after January 1, 2023:  
This section needs to be added to make certain subcategories subject to different 
VOC standards,  to achieve the maximum feasible VOC emission reductions from 
manually -activated aerosol air freshener products  in particular, beginning on 
January 1, 2023, and to meet federal ambient air quality deadlines, b oth of which 
are required by Health and Safety Code section 41712.  
Staff has determined that a lower VOC standard for all “Single Phase Aerosol Air Freshener” product would be infeasible by January 1, 2023, due to challenges in 
reformulating the s ubset of  automatically- dispensed (i.e., motion or t imer activated) 
products with a lower VOC content . Therefore, staff could not adopt a lower VOC 
standard for all “Single Phase Aerosol Air Freshener” products under Health and Safety Code section 41712. Staff has also determined that all “Double Phase 
Aerosol Air Freshener” products are manually -activated . Proposed language to 
redefine the universe of “Single Phase Aerosol Air Freshener” and “Double Phase 
Aerosol Air Freshener” products as “Automatic Aerosol Air Fr eshener ,” 
“Concentrated Aerosol Air Freshener ,” “Dual Purpose Air Freshener/Disinfectant ,” 
“Manual Aerosol Air Freshener ,” and “Total Release Aerosol Air Freshener” 
enables CARB to set the lowest feasible VOC standards for manually -activated 
product types,  as soon as they will become feasible, while maintaining existing 
VOC standards for automatic air freshener product s where lower standards are  
infeasible . This allows CARB to obtain additional VOC reductions needed to 
achieve the federal ozone  standard s, and to meet its obligations under Health and 
Safety Code section 41712 to achieve the maximum practicable VOC reductions 
feasible from consumer products.  
The specific definitions were developed with input from stakeholders, and account for the specific cha racteristics of the products , so that regulated entities 
understand what products fit into each subcategory and, therefore, which VOC  
IV-103 standards apply to each product. More  specific  details behind the rationale is given 
for each new proposed definition below: 
• The proposed definition for “Automatic Aerosol Air Freshener” is necessary to 
exclude these products from the proposed lower VOC standards  for manually -
activated  aerosol air freshener products, since lower VOC standards for 
automatic aerosol air freshener products  would not be technically f easible.  
“Automatic Air Freshening Dispenser” is also proposed to be defined in this 
subsection to provide clarity to regulated entities about what products fit into 
this subcategory, by accurately identifying  and limit ing the types of aerosol air 
freshener products that meet the definition of “Automatic Aerosol Air 
Freshener” (i.e., those that  can only function  if paired with a device that enables 
it to dispense product at a certain interval, when motion activated, or under 
other preset conditions ). This proposed definition is necessary to provide a clear 
delineation , based upon the product dispensing mechanism,  between an 
automatic aerosol air freshener, and the universe of other aerosol air fresheners 
that do not util ize a separate dispen ser. 
• The proposed definition for “Concentrated Aerosol Air Freshener” is necessary 
to achieve the maximum feasible VOC emission reductions from the “Manual 
Aerosol Air Freshener” subcategory . “Concentrated Aerosol Air Freshener” 
produc ts have a greater challenge meeting the proposed “Manual Aerosol Air 
Freshener” product standard , due to their higher fragrance content. Excluding 
“Concentrated Aerosol Air Freshener” products from the proposed “Manual 
Aerosol Air Freshener”  definition ena bles proposed lower VOC standards to be 
set for  the much larger “Manual Aerosol Air Freshener” category . The p roposed 
“Concentrated Aerosol Air Freshener” definition specificity regarding minimum allowable fragrance content, maximum amount of product dispe nsed per valve 
actuation, and maximum container size is necessary to ensure that “Manual Aerosol Air Freshener” products are not reclassified as “Concentrated Aerosol Air Freshener” to be subject to this subcategor y’s proposed less stringent VOC 
standards , and en sure the maximum practicable VOC reductions feasible are 
achieved . 
• The Proposed Amendments would not change the existing regulatory definition 
of “Dual Purpose Air Freshener/Disinfectant .”  However, it would add that 
existing definition to this new subsection. This definition is necessary in this 
subsection to continue to define “Dual Purpose Air Freshener/Disinfectant” products manufactured on or after January 1, 2023, as needed to  specify their 
applicable VOC standard on or after January 1, 2023,  in Section 94509(a) , and 
continue achieving VOC reductions from this subcategory .  
• The proposed definition for “Manual Aerosol Air Freshener” is necessary to specify what types of products would be subject to proposed lower VOC 
standards  in section 94509(a) , as needed to maximize  feasible VOC emission 
reductions from aerosol air freshener  products . It is necessary to exclude 
“Automatic Aerosol Air Freshener” and “Dual Purpose Air Freshener/Disinfectant”  from the definition of “Manual Aerosol Air Freshener”,  
IV-104 since it is not technically feasible for “Automatic Aerosol Air Freshener” and 
“Dual Purpose Air Freshener/Disinfectant” to meet the same proposed VOC 
standards as “Manual Aerosol Air Freshener .”  Thus, this also helps provide 
regulated entities clarity ab out which VOC standard must  be met for each kind 
of product.  
• The proposed definition for “Total Release Aerosol Air Freshener” is necessary 
to achieve the maximum feasible emission reductions from the “Manual Aerosol 
Air Freshener” subcategory . “Total Rele ase Aerosol Air Freshener” products 
have a greater challenge meeting the proposed “Manual Aerosol Air Freshener” product standard . Excluding “Total Release Aerosol Air Freshener” 
products from the proposed “Manual Aerosol Air Freshener” definition enables 
proposed lower VOC standards from the much larger “Manual Aerosol Air 
Freshener” category . The proposed “Total Release Aerosol Air Freshener” 
definition ’s specificity indicating that this product dispenses all or most of its 
product during a single applica tion, and has a maximum size of five ounces, is 
necessary to ensure that “Manual Aerosol Air Freshener” products are not 
reclassified as “Total Release Aerosol Air Freshener” to be sub ject to this 
subcategory’ s proposed less stringent VOC standards, allowing CARB to 
actually achieve the intended VOC reductions of setting a lower VOC standard 
for “Manual Aerosol Air Freshener” products.  
Purpose for Proposed Amendments to Section 94508(a)(36)  
Staff is proposing to change the category name from “No Rinse Shamp oo” to “Dry 
Shampoo ,” as well as corresponding  definitional updates regarding product label 
use instructions to reflect the specific characteristics of “Dry Shampoo” products . 
 
Ra
tionale for Proposed Amendments to Section 94508(a)(36)  
The proposed change i n category name from “No Rinse Shampoo” to “Dry 
Shampoo” better reflects how these types of products are labeled and commonly referred to by product manufacturers and the general public, so that the regulation is more clear and thus easier to understand and comply with . The category name 
and definition are accordingly moved up and renumbered to (a)(36) to keep the list of categories in alphabetical order, making it easier for regulated entities and the public to find.  
Proposed amendments to the “No Rinse Shampoo” category, being renamed as 
“Dry Shampoo ,” are  to delete the terms “designed or” to enhance clarity , because 
the specific language on the label is less subject to interpretation than design intent , and it is easier for regulated entities to understand what is expected of 
them . The proposed “Dry Shampoo” definition states that the product is for 
cleaning the hair , so deletion of the words “eliminates odor or absorbs oil” that 
were used in the “No Rinse Shampoo” is to remove redundant  language that 
expresses the same concept of cleaning hair, to make the definition simpler and 
clearer. Deletion of the word “toweling”  in rewriting the “No Rinse Shampoo” 
definition for the “Dry Shampoo” definition is needed to reflect how “Dry 
Shampoo” products are typically used, since toweling is not a typical way to remove the product. Finally, indication that “Dry Shampoo” is applied to dry hair  
IV-105 and does not subsequently need to be rinsed is needed to differentiate “Dry 
Shampoo” from other types of hair care products , which have different VOC limits, 
so that the VOC reductions from each of these can be achieved  and set to the 
maximum extent practicable and feasible .  
Purpose for Proposed Amendments to Section 94508(a)( 36) through (91) 
Each of  existing sections 94508(a)(3 6) through (91) would be renumbered to one 
integer higher, beginning with s ection 94508 (a)(36) being renumbered as  section 
94508 (a)(37 ) and ending with s ection 94508(a)(90) being renumbered as section 
94508(a)( 91). 
Rationale for Proposed Amendments to Sect ion 94508(a)(36 ) through ( 91) 
These amendments are needed to accommodate a proposed update of the “No 
Rinse Shampoo” category name to “Dry Shampoo ,” which would replace “Dusting 
Aid” as the new  section 94508(a)(36) . The section number s for a ll existing 
definitions that come  in alphabetical order  between “Dry Shampoo” and “No Rinse 
Shampoo” need to be advanced by one  for this section to remain in alphabetical 
order with no reuse of section numbers. Keeping the definitions in alphabetical 
order makes it easier for regulated entities to find requirements in the regulation, making it easier for them to comply with the regulation so that CARB can achieve 
the VOC reductions from the products, as intended by the regulation and as 
required by Health and Safety Code section 41712.  
 
P
urpose for Proposed Amendments to Section 94508(a)( 39)  
Staff is  propos ing to update the defin ition of “Energized Electrical Cleaner” to 
remove “both of ;” change where “cleaning and/or degreasing  is accomplished  
when electrical current exi sts” to “where cleaning and/or degreasing can only be 
performed  when electrical current exists ;” and set forth that neither an “Electronic 
Cleaner” product, nor a product, on or after January 1, 2023,  sold to an 
“Automotive  Maintenance Facility or Automotive Repair Facility,”  or by code 
441310 in the North American Industry Classification System, meet s the definition 
of an “ Energized Electrical Cleaner ,” meaning that such a product would not be 
considered an “Energized Electrical Cleaner .” 
 
Ra
tionale for Proposed Amendments to Section 94508(a)( 39)  
Deletion of the word “both” is needed because an additional set of criteria has 
been proposed to define “Energized Electrical Cleaner ;” both indicates two, so it 
needs to be deleted to make it clear that there ar e now more than two criteria that 
determine whether a product falls into this category.  
Adding criteria is necessary to ensure that the maximum feasible emission 
reductions are achieved from other product categories intended f or automotive 
maintenance and repair that have lower VOC standards . “Energized Electrical 
Cleaner ” products do not have a VOC standard, since meeting a VOC standard 
would compromise their function ; making sure the criteria is clear and narrowly 
tailored allows CARB to continue achieving the maximum feasib le reductions  
IV-106 required by Health and Safety Code section 41712,  while still allowing for a lower 
standard where needed to maintain product functionality,  by ensuring only those 
products that really do not need a VOC standard are in the “Energized Electrical 
Cleaner” subcategory  and the other products that can meet a stricter standard  
actually do . 
Re-numbering  the subsections of the definition from 1,  2, etc . to A,  B, etc.  is 
necessary to make the definition consistent  with the  numbering conventions used 
in other definitions in the regulation.  
Replacing “is accomplished” with  “can only be accomplished”  clarif ies that the 
product must be  intended for use on equipment that cannot be deenergized prior 
to cleaning . This is again intended to ac hieve the maximum feasible reductions by 
keeping the exception to the lower “Electrical Cleaner” standard for “Energized Electrical Cleaner” products limited to only th ose products that really need it.  
Finally, the proposed additional  defining criteria , which would exclude products 
sold to “Automotive Maintenance Facilities” or “Automotive Repair Facilities,” as 
defined in California Code of Regulations, title 17, section 93111(c)(4),  is needed  
because “Energized Electrical Cleaner” is comprised of approxim ately 90 percent 
perchloroethylene and trichloroethylene. These are TACs  CARB previously banned 
from use in automotive maintenance and repair  to protect public health  in the AMR 
ATCM . Neve rtheless, these TAC ingredients continue to be used in automotive 
maintenance and repair  facilities , endangering the public health of workers and 
users of this product , and resulting in even higher VOC emissions than is necessary,  
in that setting, where it is not needed . Adding this criterion  would reduce exposure 
to the  toxic ingredients in  automotive maintenance and repair , and ensure the 
maximum feasible reduction in VOC emissions from these products by restricting 
the sale of products that w ish to qual ify for  the “Energized Electrical Cleaner ” 
category’s less stringent  VOC standard .  
This sales restriction would  provide an incentive to product manufacturers  to not 
sell to “Automotive Maintenance Facilities” or “Automotive Repair Facilities ” if 
they want to be entitled to have the product considered to be an “Energized 
Electrical Cleaner,” subject to a less stringent  VOC standard . This addition would  
make this regulation consistent with a regulation CARB adopted that prohibited 
toxic air contaminant ingredients in “Energized Electrical Cleaner”  from being used 
in automotive maintenance and repair , and thus protect public health by helping 
ensure that ”Energized Electrical Cleaner” is in fact not continuing to be used in 
automotive maintenance and repair (where it is prohibited for most uses by the 
AMR ATCM), but continue s to be available where it is needed to safely clean or 
degrease energized electrical equipment , reducing emissions and exposure to 
these TACs in unnecessary settings . These exclusions would become effective for 
products manufactured on or after January 1, 2023, which would allow 
stakeholders time to sell out of product s they currently possess , and to identify 
compliant alternatives.  
Purpose for Proposed Amendments to Section 94508(a)(6 6) 
The Proposed Amendments to the “Hair Finishing Spray” definition narrow the  
IV-107 products that fall into  this category by focusing on the product’s label and 
removing “designed ,” eliminating several possible label claims  that make a product 
eligible for this category instead of a product category with a more stringent VOC 
standard , and by  clarifying  how and when the product label indicates that the 
product should be applied . The Proposed Amendments would also clarify that this 
category does not include products “labeled,” rather than intended to aid in, styling, and labeled, rather than providing for, finishing a hair style. Also, the 
section w ould be renumbered to 94508(a)(67), as described above.  
 
Ra
tionale for Proposed Amendments to Section 94508(a)(6 6) 
The proposed modifications to the “Hair Finishing Spray” definition are needed  to 
more effectively distinguish this product from “Hair Styling Product, ” which is 
subject to a lower VOC standard , so that manufacturers are clear about which 
category and VOC standard applies to their product, and to help make sure that “Hair Styling Produ cts” are actually meeting their lower VOC standard . This helps 
ensure that CARB is achieving the intended maximum practicable and feasible VOC emission reductions from each of these categories, per Health and Safety Code section 41712.  
The word “consumer” would be deleted for consistency with other definitions in the regulation. The Proposed Amendments to delete “designed or” is needed to 
enhance clarity , because the specific language on the label is less subject to 
interpretation than design intent , so focusing on the language on the label will 
make it more clear to regulated entities how to comply with the regulation . 
Other proposed changes are to improve clarity by eliminating details regarding product intent which may be vague or overlap with other hair care product category functions , including deletion of  “to provide sufficient rigidity, to hold, 
retain or finish the style of the hair for a period of time” and replace them with the 
less ambiguous statement that the product is applied “once styling i s complete.”   
Proposed replacement of “aerosol hair sprays, pump hair sprays, spray waxes; 
color, glitter, or sparkle hair spray products” with “products that are labeled for both hair styling and finishing” is needed to both simplify the definition and m ore 
effectively distinguish a “Hair Finishing Spray” product from the other hair care 
product categories  based on how each is used . This will again ensure that 
manufacturers know which category their product fits into and which VOC standard 
it must meet, a nd will allow CARB to achieve the maximum emission reductions 
practicable and feasible . Additional proposed modifications are needed in the 
definition to further clarify that products which aid in styling but do not finish the 
hair style are categorized as  “Hair Styling Products” and would not fall into the 
“Hair Finishing Spray” category and be subject to “Hair Finishing Spray’s”  higher 
VOC standard.  
 
P
urpose for Proposed Amendments to Section 94508(a)(6 8)  
Staff is proposing to replace the term “designed”  with the term “labeled” in the 
first sentence of the “Hair Shine” definition. Staff is  also proposing to delete from 
the definition that “Hair Shine” does not include “products whose primary purpose  
IV-108 is to condition or hold the hair.”   Also, the section will be renumbered to 
94508(a)(69), as described above.  
 
Ra
tionale for Proposed Amendments to Section 94508(a)(6 8)  
Proposed replacement  of the term “designed” with “labeled” is needed to 
enhance clarity , because the specific language on the label is less subject to 
interpretation than design intent . The proposed deletion of the statement that 
“Hair Shine” does not include “products whose primary purpose is to condition or 
hold the hair” would streamline the definition by deleting redundant language that 
could cause confusion. The “Hair Shine” category definition already specifies that 
hair shines are products labeled for the primary purpose of creating a shine; thus, 
excluding products with a different primary purpose is unnecessary  and could lead 
a reader to  be confused about how to apply the definition. These clarifications 
allow regulated entities to better understand how to comply with the regulation, thereby enabling achievement of the regulation’s intended emission reductions.  
 
P
urpose for Proposed Amendments to Section 94508(a)( 69) 
CARB is  proposing to modify the definition of “Hair Styling Product” by replacing 
the term “No Rinse Shampoo ” with “Dry Shampoo ,” replac ing “previously styled 
hair for a period of time” with “a hairstyle once all styling is co mplete ,” and  
delet ing the words “the” and “temporarily” from the final sentence . Also, the 
section will be renumbered to 94508(a)(7 0), as described above.  
 
Ra
tionale for Proposed Amendments to Section 94508(a)( 69) 
The proposed definitional changes are need ed for consistency with proposed 
changes to the definition of “No Rinse Shampoo” and “Hair Finishing Spray”  for 
the reasons given in the rationales for those proposed amendments.  
 
P
urpose for Proposed Amendments to Section 94508(a)(7 6) 
We are proposing to  modify the “Insecticide”  category definition to add and 
define a “Bed Bug Insecticide”  subcategory, adding a new subsection (A) . CARB 
also proposes to update the “Crawling Bug Insecticide” category definition to exclude the “Bed Bug Insecticide” category, and renumber  subsection 
94508(a)(76) (A)-(F) to 94508(a)(76)(A)- (G). 
Rationale for Proposed Amendments to Section 94508(a)(7 6) 
Health and Safety Code section 41712 allows CARB to set VOC standards to achieve needed reductions as soon as practicable and feasible . CARB  staff has 
determined that all “Crawling Bug Insecticide ” products can meet a lower VOC 
standard except “ Bed Bud In secticide .”  Defining “Bed Bug Insecticide” to exclude 
it from the larger “ Crawling Bug Insecticide ” category enables CARB to propo se 
lower VOC standards for , and therefore achieve greater VOC reductions from,  
aerosol “Crawling Bug Insecticide ” products . Renumbering is required to account 
for the addition of the proposed new “Bed Bug Insecticide” category definition, while keeping the  regulation easily citable by leaving in subsection numbers.  
IV-109 Purpose for Proposed Amendments to Section 94508(a)(8 8)(B) 
Staff is proposing to exempt denatured alcohol products from the definition of 
“Multi -purpose Solvent” if they are  sold exclusively to a public utility , as defined by  
section 216 of the Public Utilities Code ; are used to maintain electrical equipment 
owned  by a public utility; and the manufacturer requires the particular electrical 
equipment for which the product is being used to be maintained using denatured 
alcohol . This proposal would add a new subsection (B)(7) to renumbered section 
94508(a)(89)(B).  
 
H
ealth and Safety Code section 41712(b) requires CARB to adopt “regulations to 
achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products” where CARB determines that “(1)  The regulations are 
necessary to attain state and federal ambient air quality standards[, and] (2)  The 
regulations are commercially and technologically feasible and necessary.”  
 
Ra
tionale for Proposed Amendments to Section 94508(a)(8 8)(B) 
Certain manufacturers of specialized electrical equipment owned and operated by 
public utilities  require that their equipment be maintained exclusively with 
denatured alcohol . Thus, public utility stak eholders requested  this amendment  so 
they can follow equipment manufacturer  instructions to  safely and effectively 
maintain their critical infrastructure , while remaining compliant with CARB 
regulations. It is not feasible for products to meet the low “Mul ti-purpose Solvent” 
VOC standard and still be effective at cleaning the electrical equipment owned only 
by public utilities . By excluding products s old exclusively to PUC -defined public 
utilities for the narrowly- defined purpose of following equipment manufacturer’s 
instructions  from the  “Multi -purpose Solvent” category , staff is  providing as n arrow 
exemption as possible , maintaining the maximum feasible reductions from the 
“Multi -purpose Solvent” category, while still considering the needs of public utilit y 
stakeholders. 
 
P
urpose for Proposed Amendments to Section 94508 (a)(91)  
Staff is proposing to delete the existing definition for “ No Rinse Shampoo ” from 
section 94509(a)(91).  
 
Ra
tionale for Proposed Amendments to Section 94508(a)(91)  
This proposed amendment is needed to ensure that section 94508(a) remains in 
alphabetical order, since “No Rinse Shampoo” would be renamed “Dry Shampoo,” 
as previously described . Retaining a definition for “No Rinse Shampoo” when the 
category has been renamed “Dry Shampoo” wou ld be redundant and confusing for 
stakeholders.  
Purpose for Proposed Amendments to Section 94508(b)  
 
S
taff is proposing to add language that will clarify that each of the provisions, and 
parts thereof, are severable, so that the rest of one or more provisi ons will remain  
IV-110 valid if any one provision or part of a provision is declared invalid by a court.  
 
Ra
tionale for Proposed Amendments to Section 94508(b)  
 
T
his proposed amendment is needed  to help regulated entities understand that 
when part or all of a provision is stricken by a court, the rest of the provision or 
regulation remains valid.  This is needed to be consistent with other CARB 
regulations, which all contain this provision, as well.  
 
P
urpose for Proposed Amendments to Section 94508 Authority and Re ference  
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, 
39659, 41503.5, and 41511 to the authority for this section. Section 39515 provides 
authority for CARB to appoint an executive officer, and to delegate statutory duties to the executive officer. Section 39516 provides that the executive officer can 
redelegate to a subordinate anything delegated to the executive officer . Section 
39659 allows CARB to take any action necessary to regulate toxic air contaminants . 
Section 41503.5 requires CARB to ensure that “every reasonable action is taken to achieve the state ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at the earliest practicable date.”   Finally, 
section 41511 allows CARB to “ require the owner or the operator of any air 
pollution emission source to take such action as the state board or the district may determine to be reasonable for the determination of the amount of such emission from such source.”  
 
CAR
B staff is proposing to add Health and Safety Code sections 39000, 39003,  
41511, and 41700 to the reference for this section. Section 39000 lays out the 
Legislature’s findings and declaration that Californians have an interest in State environmental quality, and that quality is being degraded by pollution, adversely 
impacting the hea lth, safety, welfare and sense of well -being of Californians. 
Section 39003 provides that CARB is charged with, among other things,  
coordinating efforts to attain and maintain ambient air quality stan dard, and 
researching the causes of and solutions to air pollution. Section 41700 prohibits the 
discharge of any air contaminant or other material causing injury, nuisance, or 
danger to the public.  
 
Ra
tionale for Proposed Amendments to Section 94508 Author ity and Reference  
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the 
authority for this section to reflect CARB’s specific authority to adopt a regulation 
that delegates its legal powers and duties to the E xecutive Officer, who may then 
redelegate to a subordinate, which this regulation is implementing . While CARB is 
not adopting this regulation as an ATCM, CARB is ensuring the achievement of the 
AMR ATCM through its proposed limitations on “Energized Electrical Cleaner” products, d iscussed above, as allowed by section 39659. These Proposed 
Amendments also result in ozone reductions, implementing sections 41503.5 and 41511.  
  
IV-111 Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 
41511, and 41700 as references for  this section, to reflect that these sections are 
also to be referenced when reading this section, as background for understanding the regulation and its context, and  to provide context for the need for the 
regulatory changes and CARB authority to make the m.  
 
P
urpose of Proposed Amendments to Section 94509(a)  
Staff is  proposing to modify the Table of Standards in section 94509(a) to be 
consistent with the proposed amend ed category names and additional category in 
section 94508(a) . In addition, staff is pr oposing to update the table to incorporate 
staff’s proposed new or lower VOC standards  and deadlines for meeting those 
standards  for seven consumer product categories: “Manual Aerosol Air Freshener,” 
“Hair Finishing Spray,” “Dry Shampoo,” “Hair Shine,” “Te mporary Hair Color,” 
“Personal Fragrance Product” , “Plastic Pipe Adhesive,” and “Crawling Bug 
Insecticide” (aerosol) . Additional detail regarding the proposed VOC standards for 
each of these eight  consumer product categories  is provided below, while 
additi onal information regarding each category can be found in Chapter 3 of this 
ISOR . 
Proposed “Plastic Pipe Adhesive ” Amendments  
CARB proposes to add a line in the table for the “Plastic Pipe Adhesive” category, 
with a 60 percent VOC standard as of the date this proposed regulation is 
amended . This new line reflects the addition of this subcategory under “Special 
Purpose Spray Adhesive” in section 94508, discussed above.   
Proposed Aerosol Air Freshener  Proposed Amendments  
The proposed Table of Standards  amendments  in section 94509(a) would reflect 
the transition of the “Single Phase Aerosol Air Freshener ” and “Double Phase 
Aerosol Air Freshener ” categories to four  new categories of aerosol air freshener 
after January 1, 2023  - “Automatic Aerosol Air Freshener,” “ Manual Aerosol Air 
Freshener ,” “Concentrated Aerosol Air Freshener ,” and “Total Release Aerosol Air 
Freshener .”  Existing VOC standards for “ Single Phase Aerosol Air Freshener ” and 
“Double Phase Aerosol Air Freshener ” of 30 percent and 20 percent , respectively,  
is proposed to  be replaced, beginning on  January 1, 2023, with the following  VOC 
content standards  for the specified new product categories : 
• “Manual Aerosol Air Freshener ”: 10 percent by weight on January 1, 2023 , 
and  
5 percent by weight on  January 1, 2027 ; 
• “Concentrated Aerosol Air Freshener ”: 15 percent by weight on January 1,  
2023, and 10 percent  by weight  on January 1, 2027 ; and 
• “Total Release Aerosol Air Freshener ”: 25 percent  by weight on January 1, 
2023.  
 
2015 Consumer Product s Survey  data i ndicates that “Automatic Aerosol Air 
Freshener ” products  all currently meet the definition o f “Single Phase Aer osol Air  
IV-112 Freshener .”  “Automatic Aerosol Air Freshener ” products would continue to be 
subject to the  30 percent by weight VOC content standard  that currently applies to 
“Single Phase Aerosol Air Freshener .” 
The Table of Standards would also refer the reader to additional sections for 
additional requirements that apply to “ Manual Aerosol Air Freshener,” 
“Concentrated Aerosol Air Freshener,” and “Tot al Release Aerosol Air Freshener.”  
Proposed Hair Care Product Amendments  
The proposed updates to the  Table of Standards in section 94509(a) would achieve 
the maximum VOC reductions practicable and feasible that are also required to 
meet the ozone ambient a ir quality standards by establishing  new or lower VOC 
standards for four hair care product categories , as follows : 
• “Dry Shampoo ”: 55 percent by January 1, 2023,  and  
50 percent by weight by January 1, 2029;  
• ‘Hair Shine” : 50 percent by weight by January 1,  2029;  
• “Hair Finishing Spray”: 50 percent by weight by January 1, 2023; and  
• ‘Temporary Hair Color ”: 50 percent by weight by January 1, 2029.  
The table w ould also refer the reader to additional sections for additional 
requirements that apply to the catego ries. 
Crawling Bug Insecticide (Aerosol)  
The Proposed Amendments would achieve VOC reductions from aerosol “Crawling 
Bug Insecticide ( aerosol)” by lowering the applicable VOC standard from 15 
percent to eight  percent by weight beginning on January 1, 2030.  All other forms 
of “Crawling Bug Insecticide” would retain the 20  percent VOC standard . A new 
category called “Bed Bug Insecticide,” which is currently subject to the “Crawling 
Bug Insecticide” VOC standards, would be created . “Bed Bug Insecticide ( aeroso l)” 
would be subject to a 15 percent by weight VOC standard as of the effective date 
of these Proposed Amendments and “Bed Bug Insecticide (all forms)” would be 
subject to a 20 percent by weight VOC standard as of the effective date .  
Proposed Personal Fra grance Product Amendments  
The update to the Table of Standards in Section 94509(a)  would achieve VOC 
reductions from this category by  lower ing the applicable fragrance content 
threshold from the current 20 percent fragrance to seven percent fragrance as of  
January 1, 2023,  and to 10 percent fragrance as of January 1, 2031, and adjusting 
the applicable VOC standard to be implemented in 2023 and 2031 . For products 
manufactured between  January 1, 2023 and December 31, 2030 : 
• Aerosol “Personal Fragrance P roduct”  would be required to meet a 70 
percent VOC standard , regardless of fragrance content;  
• Non-aerosol “Personal Fragrance Product”  with more than 20 percent 
fragrance would transition from the current 65 percent VOC standard to a 75 percent VOC standard ;  
IV-113 • Non-aerosol p roducts with more than  seven percent and less than or equal 
to 20 percent fragrance would retain the current applicable 75 percent VOC 
standard ; and  
• The VOC standard for non-aerosol products with  seven percent or less 
fragrance would decline from 75 to 70 percent.  
For products manufactured on or after January 1, 2031:  
• Aerosol “Personal Fragrance Product” would be required to meet a 5 0 
percent VOC standard, regardless of fragrance content;  
• Non-aerosol “Personal Fragrance Product” with more than seven percent 
and less than or equal to ten percent fragrance w ould transition from a 75 
percent VOC standard to a 50 percent VOC standard;  and 
• The VOC standard for non -aerosol products with seven percent or less 
fragrance would decline from 70 to 5 0 percent.  
Rationale of Proposed Amendments to Section 94509(a)  
Proposed VOC standards are necessary to achieve the consumer product sector 
VOC reduction commitment identified in the 2016 State  SIP Strategy, to achieve 
the national ambient air quality standard for ozone, as required by Health and 
Safety Code section 41712, and meet its obligations under State law to achieve the 
maximum practicable VOC reductions feasible from consumer products . Staff 
developed the proposed standards based on the review of data collected from the 
2015 Consumer Product s Survey , as well as review of existing technologies, from 
which information  the proposed standards were found to be commercially and 
technologically feasible . If adopted, the proposed standards would result in a 
reductio n of Statewide VOC emissions of 3.00 tpd in 2023 and 4.0 3 tpd in 2031 . 
Additional detail regarding the rationale for the  proposed VOC standards for each 
of these seven consumer product  categories  is provided below.  
Plastic Pipe Adhesive  
The proposed VOC st andard for “ Plastic Pipe Adhesive ” is intended to achieve the 
lowest possible feasible VOC standard for this category while excluding it from the 
“Mist Spray Adhesive” category. Products that currently meet the proposed ‘Plastic 
Pipe Adhesive’ category def inition were not considered when the VOC standard 
for “Mist Spray Adhesive ” was lowered from 65 percent to 30 percent . Staff’s 
evaluation of “ Plastic Pipe Adhesive” products showed that these products are not 
formulated above the proposed 60 percent VOC st andard . A lower proposed 
standard would not be feasible since any  emissions reductions that would result 
would be  de minimus . 
Aerosol Air Freshener Proposed Amendments 
Proposed lower VOC standards for new air freshener classifications is intended to 
achiev e the maximum technically feasible and cost- effective VOC reductions 
possible  required by Health and Safety Code section 41712. Staff’s evaluation of 
2015 Consumer Product s Survey  data and discussions with industry stakeholders 
indicate that lower VOC standards for “ Automatic Aerosol Air Freshener ,” whose  
IV-114 products meet the current definition of “ Single Phase Aerosol Air Freshener ,” are 
technically infeasible at this time . However, staff and industry stakeholders 
generally concur that lower VOC standards for  manually -activated aerosol air 
freshener s, which are responsible for the bulk of “ Single Phase Aerosol Air 
Freshener ” VOC emissions, are technically feasible.  
Bifurcating the ‘Single Phase Aerosol Air Freshener’ category into automatic and 
manually -activa ted product enables achievement of the maximum possible  VOC 
reductions from manual products , while maintaining the functionality and 
commercial viability of automatic air freshener products . While proposed “Manual 
Aerosol Air Freshener ” VOC standards are m ore technically challenging for 
“Double Phase Aerosol Air Freshener ” products, manufacturers have the option to 
reformulate these products as (functionally -equivalent) single -phase air freshener 
products.  
Finally, staff ’s evaluation of 2015 Consumer Produc ts Survey  data and discussions 
with industry stakeholders indicates  that “Concentrated Aerosol Air Freshener ” and 
“Total Release Aerosol Air Freshener”  are likely to face technical challenges  in 
meeting the proposed “ Manual Aerosol Air Freshener”  VOC stand ards. Slightly 
less stringent proposed standards (relative to “ Manual Aerosol Air Freshener ”) for 
these two categories would achieve the maximum feasible emission reductions 
from the universe of “M anual Aerosol Air Freshener ” products  while keeping the 
standards feasible.  
Hair Care Product Proposed Amendments  
Proposed amended VOC standards for “ Hair Finishing Spray, ” “Hair Shine, ” and 
“Temporary Hair Color,”  and proposed new VOC standards for “ Dry Shampoo ” are 
intended to achieve the maximum feasible VOC reductions from these four 
categories  by 2023 and 2029, to help achieve ozone air quality standards, while 
recognizing th at uniform VOC standards are needed to ensure products are 
reformulated rather than relabeled in an attempt to qualify for  less stringent  VOC 
standards.  
The Proposed VOC standards for “ Hair Finishing Spray ” and “Dry Shampoo ” would 
achieve 1.11 and 0.78 tpd VOC reductions, respectively, Statewide by 2031, while 
reductions from proposed “ Hair Shine ” and “Temporary Hair Color”  categories are 
negligible . VOC standards for ‘Hair Shine’ and Temporary Hair Color’ are proposed 
not for  direct VOC reductions, but rather to ensure intended VOC reductions are 
achieved from “ Hair Finishing Spray ” and “Dry Shampoo ” categories.  
CARB staff has observed inst ances in which manufacturers of hair care products 
modif y or expan d product label claims to  enable a product to fall into regulated 
categories with less stringent VOC standards, or to be exempt from VOC standards altogether . “Hair Finishing Spray ” products  at times make  label claims similar to 
those for “ Hair Shine, ” while “Dry Shampoo ” often  contains  dark colorant that may 
enable it to meet the regulatory definition of “ Temporary Hair Color. ”  Proposed 
uniform standard s of 50 percent VOC by 2029 for all fo ur hair care categories is 
intended to remove the  incentive to relabel products  to meet a less stringent VOC  
IV-115 standard , thereby ensur ing anticipated emission reductions from proposed VOC 
standards are achieved.  
Crawling Bug Insecticide (Aerosol)  
The Propose d lower VOC standard for “Crawling Bug Insecticide ( aerosol)” 
products as of January 1, 2030, is intended to achieve the maximum possible 
technically- feasible VOC reductions from this category . Based upon technical 
discussions with industry stakeholders, “ Bed Bug Insecticide  (aerosol) ” has been 
excluded from the proposed lower VOC standard due to technical challenges 
meeting the proposed eight percent VOC standard.  
Personal Fragrance Product  
Proposed am endments to “ Personal Fragrance Product”  VOC standards and 
applicable fragrance thresholds identified in section 94509(a) are intended to achieve the most technically feasible and cost -effective emission reductions 
possible from this category. Staff’s evaluation of 2015 Consumer Product s Survey  
data indicates that the vast majority of VOC emissions come from products with 10 
percent or less fragrance content. Establishing lower VOC standards for products 
at or below the current 20 percent fragrance threshold would require reformulation of hundreds of products w ith between 10 and 20 percent fragrance with very low 
sales and VOC emissions. Products with more than 20 percent fragrance content 
are also responsible for very low sales and VOC emissions.  
Staff’s evaluation of 2015 Consumer Product s Survey  data and disc ussions with 
industry representatives,  particularly EDP/ EDC/EDT  product manufacturers , 
indicated that it would be infeasible for products with more than seven percent but 
less than 10 percent fragrance to meet the proposed 70 percent VOC standard by 
2023. Proposed amendments are intended to exclude  these products from the 
proposed January 1, 2023,  VOC standard due to near -term feasibility challenges, 
but would require they meet the more stringent second tier of standards by 
January 1, 2031,  in part to deter  manufacturers with less than seven percent 
fragrance from increasing product fragrance content to just over seven percent . 
This proposal is intended to maximize the emission reductions from the large and diverse “Personal Fragrance Product ” category, whil e minimizing technical 
challenges, number of products required to be reformulated, and compliance costs for product manufacturers.  
Raising the applicable fragrance threshold from at or below seven percent as of 
January 1, 2023,  to at or below 10 percent a s of January 1, 2031,  is intended to 
reduce the incentive  for products with less than seven  percent fragrance to 
reformulate with a higher fragrance content  rather than be reformulate  with a lower 
VOC content .  
Finally, a s for the current subcategory of “p roducts with more than 20 percent 
fragrance ,” the VOC standard would increase from 65 to 75 percent by weight, 
effective in 2023. Staff believe that, due to the prohibitive expense of fragrance 
ingredients as compared to other ingredients in the category, an increase of emissions from products which contain more than 20 percent fragrance would not  
IV-116 be expected, and the additional complexity a third fragrance standard tier would 
bring to the regulation is therefore un warranted .  
Purpose for Proposed Amendment s to Section  94509(m )(1)(A) and (B ) 
The proposed regulatory amendments would add subsections (A ) and (B) to 
existing section 94509(m)(1) , would update the name of existing Table 94509(m )(1) 
to Table 94509(m)(1)(A), and establish a new Table 94509(m)(1)(B) . Existing  section 
94509(m)(1) and Table 94509(m)(1) , would be renamed  section (m)(1)(A) and Table 
94509(m)(1)(A) , respectively  and would retain the existing  prohibition  on the use of 
methylene chloride, perchloroethylene, and trichloroethylene in the ident ical 
specific consumer product categories , with one addition . Table 94509( m)(1)(A) 
would add “Plastic Pipe Adhesive” as a new category in which the use of 
methylene chloride, perchloroethylene, and trichloroethylene would be prohibited.  
Proposed new secti on 94509(m)(1)(B) Table 94509(m)(1)(B) would indicate that 
parachlorobenzotrifluoride,  methylene chloride, perchloroethylene, and 
trichloroethylene are prohibited in the categories proposed for  new or lower VOC 
standards , including aerosol air fresheners, hair care products, personal fragrance 
products, and aerosol crawling bug insecticide, with an effective date identical to that of the proposed VOC standards, and a three- year sell through period.  
Rationale for Proposed Amendments to Section  94509(m) (1) 
These provision s and new tables are necessary to ensure that consumer products 
are not reformulated with  toxic air contaminants as manufacturer’s modify their 
product formulations to comply with proposed VOC standards , and that the 
specific list of product categories in which the identified toxic air contaminants 
cannot be used, and implementation date , is clear to regulated entities . 
Parachlorobenzotrifluoride, methylene chloride, perchloroethylene, and 
trichloroethylene have all been identified by CARB as t oxic air contaminants, and 
are listed by the State of California on Proposition 65 as potentially causing cancer 
or reproductive harm. While these four compounds are not currently found in the 
proposed cat egories in which prohibitions are proposed, they are present in 
several other existing consumer product categories . The prohibition of 
parachlorobenzotrifluoride, methylene chloride, and perchloroethylene is 
particularly critical  because, as exempt  VOCs , manufacturers may find reason to 
reformulate products with these three compounds to comply with proposed lower 
VOC standards . This prohibition therefore protects public health and maintains the 
toxic air contaminant restrictions that apply to the existing categories already  in a 
way that cannot be achieved with a non- prescriptive approach to these ingredients.  
Rationale  for Proposed Amendments to Section  94509(m)(1)(A ) 
Renaming Table 94509(m)(1) as Table 94509(m)(1)(A) is needed to distinguish Table 
94509(m)(1)(A) from the new proposed Table 94509(m)(1)(B) . “Plastic Pipe 
Adhesive” must be added to Table 94509(m)( 1)(A) to maintain the existing  
prohibition of methylene chloride, perchloroethylene, and trichloroethylene in 
products that the Proposed Amendments would redefine  from “Mist Spray 
Adhesive” to the new  “Plastic Pipe Adhesive”  category. If “Plastic Pipe Adhesive”  
IV-117 products were not added to Table 94509(m)(1)(A), the Proposed Amendments to 
would result in these products (which had previously been categorized as “Mist 
Spray Adhesive”)  no lo nger being subjec t to this toxics prohibition, and could 
result in  a net increase in TACs and a less health- protective regulation.  
 
Ra
tionale for Proposed Amendments to Section 94509(m)(1) (B) 
These amendments are needed to clearly identify in a simple and concise table the  
product categories in which  Section 945 09(m)(1) prohibits the use of 
parachlorobenzotrifluoride, methylene chloride, perchloroethylene, and 
trichloroethylene , as well as the applicable effective date and sell through period . 
The table format makes it easier for regulated entities to identify and clearly 
understand  the requirements, enabling higher compliance rates and VOC emission 
reduction achievement. Including these prohibitions in a table format  is also 
needed to be consistent with how prohibitions on other substances are displayed in 
the regulation.  
 
P
urpose for Proposed Amendments to Section 94509(n)  
Staff is proposing the following additions to Table 94509(n)(1), which identifies 
product categories in which use of any chemical compound with a GWP value of 150 or greater is prohibited : 
• Modify the “Aerosol Adhesive” category, and add a “Special Purpose Adhesive, Plastic Pipe Adhesive” subcategory, making the GWP prohibition in this table applicable to products in this new subcategory as of the effective  date of these 
proposed amendments. Since products in this new subcategory are already 
subject to the table’s prohibitions as “Mist Spray Adhesive,” there would be no 
sell-through allowed;  
• Add language to the “Double Phase Aerosol Air Freshener” category specifying 
that the GWP prohibitions apply to products in this category that are 
“manufactured before January 1, 20 23;”  
• Add “Manual Aerosol Air Freshener”, “Concentrated Aerosol Air Freshener”, and “Total Release Aerosol Air Freshener” product categories, m aking th e 
prohibition on chemical compounds  with a GWP of 150 or greater  applicable to 
products in these categories that are “manufactured on or after January 1, 
2023,” and letting products that were manufactured before January 1, 20 23 
with a chemical comp ound with a  GWP of 150 or greater  be sold  through 
January 1, 2026; 
• Add “Crawling Bug Insecticide  (aerosol) ,” making the prohibition on chemical 
compounds with a GWP of 150 or greater applicable to products in this 
category on  January 1, 2030, and letting p roducts that were manufactured 
before January 1, 2030, with a chemical compound with a  GWP of 150 or 
greater be sold through January 1, 2033;  
• Add “Dry Shampoo”  and “Hair Finishing Spray”  categories , making the 
prohibition on chemical compounds with a  GWP o f 150 or greater applicable to 
products in this category on January 1, 2023 , and letting products that were 
manufactured before January 1, 2023, with a chemical compound with a GWP  
IV-118 of 150 or greater be sold through January 1, 2026;  
• Add “Hair Shine”, and “T emporary Hair Color, ” making the prohibition on 
chemical compound  with a GWP of 150 or greater applicable to products in this 
category on  January 1, 2029, and letting products that were manufactured 
before January 1, 2029, with a chemical compound with a  GWP of 150 or 
greater be sold through January 1, 2032; and  
• Add “Personal Fragrance Product”, specifying that  
o for products comprised of less than or equal to seven percent fragrance 
the prohibition on chemical compounds with a GWP of 150 or greater is 
applicable to products in this category on January 1, 2023, and products 
that were manufactured before January 1, 2023, with a chemical 
compound with a GWP of 150 or greater may be sold through is January 
1, 2026;  and  
o for products comprised of between seven a nd less than or equal to 10 
percent fragrance the GWP prohibition effective date is January 1, 2031 
and the sell-through date is January 1, 2034.   
This section would also add a footnote to Table 94509(n) indicating that c onsumer 
products may also be subjec t to requirements in California Code of Regulations , 
title 17, section  95371 et seq., w hich refers to  California ’s prohibition on the use of  
hydrofluorocarbons with high GWP in several applications, including most 
consumer product propellants  (CARB’s HFC R eduction Measure). 
 
Ra
tionale for Proposed Amendments to Section 94509(n)  
Section 94509(n) is structured to prohibit any chemical compounds with a GWP over 150 from being used in products in specific categories, while CARB’s HFC 
Reduction Measure prohibits use of specific hydrofluorocarbon propellants, including HFC -134a, in all consumer product categories unless a category is 
specifically exempted . Despite these different approaches, staff has determined 
that the existing CARB HFC Reduction Measure prohib itions ban the use of 
chemical compounds with a GWP greater than 150 in the seven proposed 
categories . These Proposed Amendments are necessary to ensure consistency with 
HFC Reduction Measure prohibitions, and to ensure that manufacturers 
reformulating the  products to meet proposed new or lower VOC standards are 
aware of these existing prohibitions.  
 
P
urpose for Proposed Amendments to Section 94509 Authority and Reference  
CARB is proposing to add Health and Safety Code sections 38562.5, 38566 , 39515, 
39516, 41503.5,  and 41511 to the authority for section 94509. CARB is also 
proposing to add Health and Safety Code sections 38501, 38551, 39003, 39602, 41504, and 41511 to the references for section 94509.  
 
H
ealth and Safety Code section 38562.5 allows CARB to adopt rules to reduce 
greenhouse gas emissions to meet the AB 32 greenhouse gas limit . Section 38566 
requires the State Board to reduce greenhouse gases to 40 percent below the limit 
by December 31, 2030. Section 39515 provides authority for CARB to appoint an 
executive officer, and to delegate statutory duties to the executive officer. Section  
IV-119 39516 provides that the executive officer can redelegate to a subordinate anything 
delegated to the executive officer . Section 41503.5 requires CARB to ensure that 
every reasonable action is taken to achieve State ambient air quality standards for 
ozone by the earliest practicable date . Section 41511 allows the State Board to 
require the owner or the operator of any air pollution emission source to take such action as  the state board or the district may determine to be reasonable for the 
determination of the amount of such emission from such source.  
 
H
ealth and Safety Code section 38501 provides California legislative findings 
regarding the danger of global warming and the Legislature’s intend that CA RB 
reduce greenhouse gas emissions. Section  38551 memorialized California 
legislative intent that the greenhouse gas emissions limit in AB 32  be used to 
maintain and continue reductions of greenhouse gas emissions beyond 20 20. 
Section 39003 designates CARB as the State agency charged with coordinating efforts to attain and maintain air quality standards and to research air pollution, among other things. Section 39602 designates CARB as the air pollution control 
agency for al l federal law purposes, including the preparation of the State 
Implementation Plan  required by the Clean Air Act to show how the State’s air 
basins plan to meet the national ambient air quality standards . Section 41504 
allows CARB to establish regulations it deems necessary to enable any one or more district to achieve and maintain ambient air quality standards.  
 
Rationale for Proposed Amendments to Section 94509 Authority and Reference  
CARB is proposing to add Health and Safety Code sections 38562.5 and 38566  to 
the authority for section 94509 because section 94509 prohibits the use of chemical compounds with a GWP of 150 or higher in certain product categories to maintain and continue greenhouse gas emission reductions. These section s are proposed to 
be added to the existing greenhouse gas authority cited for section 94509.  
 
C
ARB proposes to add Health and Safety Code sections 39515 and 39516 to the 
authority for section 94509 because section 94509 delegates responsibilities under section 94509 to the Executive Officer, who re- delegates them to the appropriate 
CARB staff under the Executive Officer . This delegation is necessary to ensure that 
the emission reductions goals of section 94509 are met, by ensuring there are enough staff working on it to actually  implement and enforce section 94509.  
 
C
ARB proposes to add Health and Safety Code section 41503.5 to the authority for 
section 94509 because section 94509 takes action to ensure that California achieves air standards for ozone by the earliest practical date, implementing section 41503.5.  
 
C
ARB proposes to add Health and Safety Code section 41511 to the authority for 
section 94509 because section 94509 requires consumer product manufacturers to 
take action to help the Board determine the amount of emissions from consumer 
products, implementing section 41511.   
IV-120  
CA
RB proposes to add Health and Safety Code sections 38501, 38551, 39003 , 
39602, 41504, and 41511 to the references for section 94509 to provide context 
for the need for the regulatory changes and CARB authority to make them.  
 
Pu
rpose for Proposed Amendments to Section 94510(c)  
Staff is proposing to delet e language from Section 945 10(c) such that  for products 
manufactured on or  after January 1, 2031, fragrances up to two percent by weight 
would no longer  be exempt from VOC standards specified in section 94509(a ). 
Staff proposes to add Sections 94510(c)(1) -(c)(4) to replace the T wo Percent 
Fragrance Exemption with  a narrower exemption for specified weights of  
fragrances contained in nonaerosol “General Purpose Cleaner” and nonaerosol 
“General Purpose Degreaser ”; “Air Freshener ”; “Disinfectant ”; and “Sanitizer”  
products  manufactured on certain dates . The new proposed exemptions and 
rationales for them are provided below . The proposed language would also 
provide an exemption for up to 0.25 percent monoterpenes by weight in 
nonaerosol “General Purpose Cleaner” and nonaerosol “General Purpose Degreaser”  products manufactured beginning on January 1, 2023.  
 
Rat
ionale for Proposed Amendments to Section 94510(c)  
Ame ndments to sections 94509(c) are needed to achieve VOC reductions from 
consumer products to meet California’s emission reduction commitment in the 
South Coast by 2031. Amendments to these two sections are also needed to 
achieve the following:  
•   Lock  In Emission Reductions:  While manufacturer utilization of the Two  Percent 
Fragrance Exemption is now low, emissions could increase significantly if the 
exemption were to be fully utilized . Eliminating the exemption is needed to  
ensure that over three tons per  day of VOC emissions do not occur in future 
years if utilization of the exemption were to increase.  
•   Ensure Feasibility: As described in more detail below, retaining narrower 
exemptions for a smaller amount of fragrance and monoterpenes w ould allow 
continued compliance with the regulation by addressing the feasibility 
challenges of certain products to comply without any exemption for them.  
• Encourage Transparency:  The Two  Percent Fragrance Exemption enables 
consumer product manufacturers to be unaware o f the properties of fragrance 
purchased from third -party vendors, since CARB exempts up to two percent of 
fragrance from VOC standard compliance determinations . Elimination of this 
exemption is needed to  encourage greater transparency regarding fragrance 
ingredients , as product manufacturers request VOC content information from 
fragrance vendors to ensure their products – including fragrance – are 
formulated to meet the applicable VOC standard.  
•   Enhance Clarity:  CARB staff and product manufacturers over the years have had 
numerous discussions regarding whether a particular ingredient meets the 
regulatory definition of “f ragrance ,” which depends in part upon  the purpose of 
an ingredient (its “sole purpose … is to impart an odor or scent, or to counteract  
IV-121 a malodor”) . Treating fragrance VOC content the same as non- fragrance VOCs 
for the purpose of compliance determinations is needed to provide greater  
clarity for regulated parties  regarding whether a products meets applicable VOC 
standards  by removing the emphasis on an ingredient’s purpose. 
•   Simplify Compliance Determinations: Th e Two Percent Fragrance Exemption 
poses challenges for CARB laboratory staff  to determin e compliance with 
applicable consumer product VOC standards . To be precise, CARB laborator y 
staff must  identify and quantify thousands of possible fragrance ingredients for 
the purpose of excluding them from a product’s allowable VOC content . While 
test methods exist for some of the most common fragrances, others cannot be 
identified (to determ ine if they are a fragrance) or quantified (for the purposes of 
exclusion from determining compliance with a VOC standard) . Thus, the 
Proposed Amendments are needed to simplify CARB laboratory testing and 
subsequent product compliance determinations, by el iminating the need to 
identify and quantify thousands of possible fragrance ingredients for the purpose of excluding them from a product’s allowable VOC content.  
•   Program Equity:  The Proposed Amendments are needed to provide a level 
playing field for h ow CARB treats VOC constituents . Staff’s proposal would treat 
all smog -forming VOC emissions equally, regardless of their function. Staff does 
not see a compelling reason for fragrance VOC ingredients to  be treated 
preferentially to non -fragrance VOCs, allowing fragranced products within a 
regulated category to emit more VOC than non -fragranced products.  
Purpose for Proposed Amendments to Section 94510(c)(1)  
Staff proposes to add new Sections 94509(c)(1) to provide  nonaerosol “General 
Purpose Cleaner” and nonaerosol “General Purpose Degreaser” products modified exemptions from applicable VOC standards . For nonaerosol “General Purpose 
Cleaner” and nonaerosol “General Purpose Degreaser” pro ducts manufactured 
between January 1, 2023, and December 31, 2030, fragrance up to a combined 
two percent by weight and monoterpene up to a combined 0.25 percent by weight, not to exceed a combined total of two percen t fragrance and 
monoterpene by weight , would be exempt from VOC standards specified  in 
section 94509(a ). 
Rationale for Proposed Amendments to Section 94510(c) (1) 
The existing low VOC content standard is 0.5 percent by weight for the nonaerosol 
“General Purpose Cleaner” and nonaerosol “General Purpose Degreaser” categories . Sections 94510(c)(1)&(2) are needed to address the challenges of 
complying with this 0.5 percent by weight VOC standard for these categories if  the 
Two Percent Fragrance Exemption is eliminated for  these categories. The 
proposed exemption of up to 0.25 percent monoterpene by weight is needed to  
address technical feasibility challenges for products in these two categories that 
utilize monoterpene ingredients for the dual purpose of solvency and fragrance. Retention of the two percent fragrance exemption through 2030 is needed to provide product manufacturers across the diversity of affected product categories 
time to make necessary product reformulations, and will help to minimize  
IV-122 compliance costs by allowing time for manufacturers to accommodate product 
reformulations as they roll out new products.  
This section is needed to provide both clarity and compliance flexibility to 
manufacturers of nonaerosol “General Purpose Cleaner” and nonaerosol “General 
Purpose Degreaser” regarding the use of monoterpenes in these two product 
categories . Staff and industry stakeholders have had numerous discussions since 
2015 regarding whether monoterpenes, which provide both solvency and impart an 
odor, meet the definition of fragrance and would therefore be eligible for the Two 
Percent Fragrance Exemption . Speciation of the VOC constituents of nonaerosol 
general purpose cleaner and degreaser products  collected as part of the 2015 
Consumer Product s Survey show s that monoterpene compounds, including 
limonene and other citrus terpenes, as well as pine terpenes and other f ragrance 
compounds, make up a significant portion of the VOC content of those product 
categories  (monoterpenes and fragrance make up 58 percent of the VOC content 
of nonaerosol general purpose cleaners and 24 percent of the VOC content of 
nonaerosol genera l purpose degreaser s). 
Staff evaluation of 2015 Consumer Product s Survey  data indicates that the VOC 
content of some nonaerosol “General Purpose Cleaner” and nonaerosol “General 
Purpose Degreaser” products, including monoterpenes, exceeded the applicable VOC standard by up to two percent. Subsequent discussions with industry 
stakeholders indicate d that many manufacturers intended that these monoterpenes 
in excess of the standard be classified as fragrance and part of the Two Percent 
Fragrance Exemption . While CARB staff disagree that monoterpenes meet the 
definition of fragrance in cleaning or degreasing categories, this section is needed 
to provide flexibility t o maintain a modest amount (i.e ., 0.25 percent) of 
monoterpene in these products between 2023 and  2030, in preparation for a 
phase- down of the Two Percent Fragrance Exemption by 2031.  
Purpose for Proposed Amendments to Section 94510(c)( 2) 
Section (c)(2) would retain the existing Two Percent Fragrance Exemption for 
products other than aerosol general p urpose cleaners and degreasers that are 
manufactured before January 1, 2031.  
Rationale for Proposed Amendments to Section 94510(c)( 2) 
This section is needed to provide product manufacturers and formulators clarity 
regarding the amount of time the existing  Two Percent Fragrance Exemption 
would remain in place, and provide sufficient time to enable product manufacturers 
and formulators that are utilizing the Two Percent Fragrance Exemption to 
reformulate products, if necessary, across the diversity of eligib le categories.  
Purpose for Proposed Amendments to Section 94510(c)(3)  
This purpose of  adding proposed Section 94510(c)(3) is to retain a combined  0.25 
exemption for fragrance and/or monoterpene ingredi ents in aerosol “General 
Purpose Cleaner” and aerosol “ General Purpose Degreaser” products 
manufactured on or after January 1, 2031.   
IV-123 Rationale for Proposed Amendments to Section 94510(c)( 3) 
This section is needed to ensure that  it will be technically feasible to manufacture 
aerosol “General Purpose Cleaner” and aerosol “General Purpose Degreaser” 
products  that utilize fragrance, including monoterpenes . CARB staff evaluation of 
2015 Consumer Product s Survey data indicates that  many products in these two 
categories that utilize fragrance and /or monoterpenes may face feasibility 
challenges complying with the applicable 0.5 percent VOC standard were the Two 
Percent Fragrance Exemption to be completely eliminated for them.  
Purpose for Proposed Amendments to Section 94510( c)(4) 
This purpose of  adding proposed Section 94510(c)(4) is to retain a 0.25 percent 
fragrance exemption for “Air Freshener,” “Disinfectant,” and “Sanitizer” products manufactured on or after January 1, 2031.  
 
H
ealth and Safety Code section 41712(d) requires CARB to  consider the effect that 
“regulat ions proposed for health benefit products will have on the efficacy of those 
products in killing or inactivating agents of infectious diseases such as viruses, bacteria, and fungi, and the impact the regulations will have on the availability of health bene fit products to California consumers. ” 
Rationale for Proposed Amendments to Section 94510( c)(4) 
This section is needed to retain a fragrance exemption for “ Air Freshener ” 
products for several reasons. First, “Air Freshener ” products are eligible for a 
fragrance exemption pursuant to Section 94510(f), by which products that are 
comprised of 100 percent fragrance ingredients, minus non- VOC compounds, are 
exempt from the VOC standards in Section 94509. Complete elimination of the 
Two Percent Fragrance Exemptio n could encourage greater use of this second 
exemption, resulting in increased VOC emissions. Secondly, almost all air freshener 
products contain fragrance, as it could be argued that fragrancing the air is the  
primary purpose  of these products. Finally, s everal manufacturers have indicated, 
and CARB staff concurs, that meeting this  proposed regulation’s five percent VOC 
standard for “ Manual Aerosol Air Freshener ” by 2027 would not be feasible 
without retaining some fragrance exemption . Retaining the exempt ion for “ Manual 
Aerosol Air Freshener ” would also provide greater opportunity for manufacturers 
to reformulate products to meet the proposed five  percent VOC standard with 
hydrocarbon propellant, at reduced cost relative to the more likely compressed gas propellant reformulation pathway.  
Consistent with the requirements of Health and Safety Code section 41712(d), CARB considered the effect of these proposed regulations on the efficacy and availability to California consumers of disinfectant  and sanitizer . Staff determined as 
a result that this section is needed relative to “ Disinfectant ” and “Sanitizer” to 
ensure that these critical health benefit products retain needed compliance flexibility to maintain maximum efficacy . Proposed Amendments for “Disinfectant” 
and “Sanitizer ,” which are regulated as pesticides under the Federal Insecticide, 
Fungicide, and Rodenticide Act, would also eliminate the need for , and associated 
costs of, re -registering  them with U .S. EPA, which would be required for new  
IV-124 formulations  of the products that would have to be created without this exemption.  
Purpose for Proposed Amendments to Section 94510(d)  
Proposed additions to Section 9451 0(d) would  indicate that the LVP -VOC portion 
of any fragrance or mo noterpene that is eligible for a n exemption pursuant to 
Section 94510(c) shall not be included in the calculation of the weight  of a 
product’s fragrance or monoterpene content  for the purposes of Section 94510(c) .  
Rationale for Proposed Amendments to Section 94510(d)  
Proposed amendments to this section are needed  to clarify the role of the LVP -
VOC exemption (94510(d)) as it applies to fragrance mixtures.  The current 
regulation  indicates that the LVP-VOC constituent s of a fragrance mixture is  
counted against the two percent fragrance VOC exemption before the LVP -VOC 
exemption is applied. Product VOC content is calculated by first subtracting two 
percent of the fragrance weight , including LVP -VOCs . If any fragrance remain s (i.e. 
the product is formulated with more than two percent by weight of fragrance), the 
LVP-VOC portion of what remained , if known, would then qualify for the LVP -VOC 
exemption.  
Proposed amended subs ection (d) is needed to clarify staff’s  intention in this 
rulemaking proposal that the LVP -VOC portion of fragrance mixtures would be 
included in the overall exemption for LVP -VOC in subsection 94510(d) before 
utilization of the fragrance exemption is determined . The Proposed Amendments 
to also apply this approach to monoterpenes in nonaerosol “General Purpose 
Cleaners” and nona erosol “General Purpose Degreasers” is  needed for consistency 
with how the exemption is applied to fragrance ingredients.  
Purpose for Proposed Amendments to Section 94510 Authority and Reference  
CARB is proposing to add Health and Safety Code sections 3951 5, 39516,  41503.5, 
41511, 41700,  to the authority for section 94510. CARB is proposing to add Health 
and Safety Code sections 39000, 39003, 39602, 41504, 41511, and 41700 to the 
references for section 94510.  
Health and Safety Code s ection  39515 provides authority for CARB to appoint an 
executive officer, and to delegate statutory duties to the executive officer . Section 
39516 provides that the executive officer can redelegate to a subordinate anything delegated to the executive officer . Section 41503.5 requires CARB to ensure that 
every reasonable action is taken to achieve State ambient air quality standards for 
ozone by the earliest practicable date . Section 41511 allows the State Board to 
require the owner or the operator of any air pollution emission sou rce to take such 
action as the state board or the district may determine to be reasonable for the 
determination of the amount of such emission from such source. Section 41700 
prohibits persons from discharging air contaminants or materials that cause 
negat ive impacts on, or danger to the comfort, health, or safety, of  a consideration 
number of persons.  
Health and Safety Code section 39000 memorializes the Legislature’s findings and  
IV-125 declarations that Californians have an interest in the quality of their envi ronment, 
which is being degraded by pollution, endangering the health, safety, and welfare 
of Californians . Section 39003 designates CARB as the State agency charged wi th 
coordinating efforts to attain and maintain air quality standards and researching air 
pollution , among other things. Section 39602 designates CARB as the air pollution 
control agency for all purposes of federal law, including for preparing the State 
Implementation Plan required by the federal Clean Air Act . Section 41504 allows 
CARB to est ablish regulations it deems necessary to enable any one or more 
district to achieve and maintain ambient air quality standards.  
Rationale for Proposed Amendments to Section 94510 Authority and Reference  
CARB proposes to add sections 39515 and 39516 to the authority for this 
regulatory provision  because section 94510 delegates responsibilities to the 
Executive Officer, who re -delegates them to the appropriate CARB staff under the 
Executive Officer. This delegation is necessary to ensure that the emission 
reductions goals of section 94510 are met, by ensuring there are enough staff 
working on it to actually implement and enforce section 94510 . 
CARB proposes to add Health and Safety Code section 41503.5 to the authority for 
section 94510  because section 94510 t akes action to ensure that California 
achieves air standards for ozone by the earliest practical date, implementing 
section 41503.5.  
 
C
ARB proposes to add Health and Safety Code section 41511 to the authority for 
section 94510  because section 94510 require s consumer product manufacturers to 
take action to help the Board determine the amount of emissions from consumer products, implementing section 41511.  
 
Fi
nally, CARB proposes to add section 41700 to the authority for section 94510 
because section 94510 implements this section by controlling the emissions of VOC, which contribute to ozone and associated air quality and health impacts.  
CARB proposes to add Health and Safety Code sections 39000 , 39003, 39602, 
41504, 41511, and 41700 to the references for sect ion 94510 to provide context 
for the need for the regulatory changes and CARB authority to make them . CARB 
proposes to add section 39602 to the references for section 94510 because CARB is proposing this regulation to help achieve ozone reductions needed under federal law, and which CARB committed to obtaining in the 2016 State SIP Strategy.  
Purpose of Propos ed Amendments to Section 94511( c) 
The Proposed Amendments would  add a new subsection ( c) to provide a 
mechanism within the Consumer Product s Regulation  IPE provisions for a n aerosol  
“Dry Shampoo, ” “Hair Finishing Spray, ” or “Personal Fragrance Product ” to 
exceed the applicable VOC standard if it can be demonstrated that the product meets new proposed requirements at the time of the IPE application , requirements 
that include that the proposed innovative product  has less OFP  and a lower GWP 
than a typical compliant product within the same regulatory category due to 
replacement of  HFC-152a propellant
 with compressed air, compressed nitrogen,  
IV-126 and/or compresse d carbon dioxide propellant .  
Rationale for Proposed Amendments to Section 94511(c)  
The proposed  amendments to add a new subsection (c) are needed to encourage 
manufacturer research, development, marketing , and consumer acceptance of a 
greater diversity of  aerosol products utilizing compressed gas propellants,  by 
addressing a n unintended  disincentive for their use in the current Consumer 
Products  Regulat ions. Addressing this existing disincentive is needed to encourage 
the development and marketing of aerosol products  that utilize compressed gas 
propellant  (which has virtually no carbon footprint), instead of propellants that have 
a higher GWP  (i.e., HFC -152a) , as needed to help California meet its goal of carbon 
neutrality by 2045  (California  Executive Orde r B-55-18, 2018) . This reasoning is 
described below.  
Existing methods for determining product compliance with applicable VOC 
standards (based upon ingredient weight) may make manufacturers less likely to 
utilize compressed gas propellants,  due to their very low density  relative to other 
exempt propellants such as HFC -152a . For example, a typical “Hair Finishing 
Spray"  might consist of 45 percent HFC -152a propellant and 55 percent VOC 
ingredients (by weight) . Assuming , for simplicity,  that the non- propellant  
ingredients are all VOCs, this product would comply with a 55 percent VOC 
standard (i.e., 45 percent by weight exempt HFC -152a and 55 percent by weight 
other VOC ingredients) . In contrast, a product utilizing a compressed gas 
propellant may contain  the sa me weight  of VOC ingredients, but a compressed gas 
propellant with much lower density may only account for two percent of the 
product weight . Assuming that all the non- propellant ingredients are VOCs, the 
product with compressed gas propellant would have a  VOC content of 98 percent 
by weight , making it noncompliant with the standard without an exemption . 
Both HFC -152a and compressed gas propellants are responsible for negligible 
amounts of ozone formation , and are therefore not counted towards a product’s 
VOC content . However, HFC -152a has a much greater climate footprint than 
compressed nitrogen or air, which are not greenhouse gases, and carbon dioxide, 
which has a global warming potential of one. HFC-152a has a GWP of 124, which is 
below the GWP threshold  of 150 established in Consumer Product Regulation 
section (n)(1) to prohibit higher GWP compounds in certain consumer product 
categories , but is still high . HFC-152a has not been prohibited because it provides 
a mechanism to reformulate products to achieve lower VOC and OFP relative to 
hydrocarbon propellants , and it may be infeasible  or cost -prohibitive  to achieve 
lower VOC standards without the use of HFC -152a in many consumer product 
categories.  
However, i n order for California to meet its climate chal lenges, and ensure clean, 
healthy air for all residents, it will be critical to further develop innovative technologies that simultaneously reduce greenhouse gasses, toxics, and smog -
forming emissions. While the technical challenges remain real, compressed  gas 
propellants have the potential over the next decade to become a feasible alternative to HFC -152a in a diversity of product categories . Such an alternative 
would enable CARB to restrict or prohibit use of HFC -152a as a propellant, while  
IV-127 maintaining pro gress in lowering consumer product VOC content  and OFP . 
The “Hair Finishing Spray, ” “Dry Shampoo ” and “Personal Fragrance Product”  
categories were selected for this proposed flexibility because HFC -152a is the most 
common propellant in the “Hair Finishing Spray” and aerosol “Personal Fragrance 
Product” categories, and is expected to be the primary propellant option if 
proposed “Dry Shampoo” VOC standards are adopted. 2015 Consumer Products 
Survey data indicates that compressed gas propellants are not utiliz ed in any of 
these categories, making it an innovative potential technology advancement for 
these product types . Some manufacturers have indicated that CARB’s proposed 
VOC standards for all three of these categories could provide an opportunity to reformul ate to meet the new standards with cleaner compressed gas rather than 
continuing to rely upon HFC -152a.  
The applicant will need to prove the requirements are met by clear and convincing 
evidence at the time of the IPE application so that the standard is hi gh enough to 
ensure that the requirements are actually being met by the product when the 
application is made, which helps ensure the goals of the provision are actually being achieved.  
Purpose of Proposed Amendments to Section 94511(c)(1)  
Subsection 94511( c)(1) eligibility requirements would r equire that a t least 50 
percent of the innovative product propellant ingredients by volume are 
compressed nitrogen,  compressed  carbon dioxide, or compressed air , and that the 
weight of the proposed innovative product’s  propellant or propellants does not 
exceed 50 percent of the weight of the representative product’s propellant or propellant . 
Rationale for Proposed Amendments to Section 94511(c)(1)  
This amendment is needed to ensure that a significant portion of the prop osed 
innovative propellant is compressed nitrogen, compressed carbon dioxide, and/ or 
compressed air propellant, while allowing manufacturers to experiment with and 
potentially develop products with propellant comprised of compressed gas 
blended with other propellants .  
The d evelopment of functional products utilizing compressed gas propellant in 
“Hair Finishing Spray,” “Dry Shampoo,” and “Personal Fragrance Product” may be 
very challenging, and some consumers may be less accepting of products using 
100 perc ent compressed gas propellant due to lighter can weight and other 
differing product characteristics . Allowance of compressed gas blends is needed to 
help enable effective and market- ready compressed gas products to be developed 
and gain a foothold in the m arket, and facilitate the transition to 100 percent 
compressed gas propellant product s in the future.  
The proposed language to require that the weight of the proposed innovative 
product’s propellant or propellants does not exceed 50 percent of the weight o f 
the representative product’s propellant is needed because many aerosol products using liquefied propellants contain a small amount of air which is present in the  
IV-128 container before the liquefied propellant is added. By requiring that the liquefied 
propella nt weight in the innovative product not exceed 50 percent of the liquefied 
propellant weight in the representative product, this provision ensures that 
products using a combination of liquefied and compressed gas propellants are 
actually deriving functiona lity from the use of the compressed gas.  
Purpose of Proposed Amendments to Section 94511(c)(2) (A) through (C)  
This subsection requires that the innovative product have replaced an HFC-152a 
propellant  with compressed nitrogen, compressed carbon dioxide, and/or 
compressed air propellant , and that such replacement  result s in the innovative 
product having a lower  GWP than the representative product . The purposes of 
subsections (c)(2)(A) through (C), respectively, are : 
(A) Requires that product ingredient GWP values  be based upon the 100- Year 
GWP values from the Intergovernmental Panel on Climate Change’s (IPCC)  
Fourth Assessment Report ( IPCC, 2007);  
(B) Requires that if no GWP value exists for a n ingredient in the IPCC ’s Fourth 
Assessment Report, then  the GWP v alue for the ingredient from the IPCC’s  
Fifth Assessment Report  (IPCC, 2013) be used; and  
(C) Requires that if no GWP value exists for an ingredient in either the IPCC’s  
Fourth or Fifth Assessment Report, then the ingredient is  assigned a GWP 
value of zero.  
Rationale  for Proposed Amendments to Section 94511(c)(2 )(A) through (C ) 
The proposed  amendment s to Subsections 94511(c)(2)(A) through (C) are needed 
to provide direction and consistency regarding the peer -reviewed source of GWP 
values to be used for the purpose of demonstrating compliance with subsection 
94511(c)(2) , to ensure that the innovative compressed gas product would emit less 
GHG than the representative HFC -152a product, and t hereby  help California 
achieve its goal of reducing GHG emissions and achieving ca rbon neutral ity by 
2045. These rationale are described further below.  
Section 94511(c)(2)(A)  
Subsection 94511(c)(2)(A)  is needed to help ensure the specified source of these 
GWP values (the Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment  Report ) is as consistent as possible with the values utilized by other 
CARB climate programs , which typically use GWP values from the IPCC’s  Fourth 
Assessment Report . This subsection is therefore needed to help ensure that the IPE 
provisions of these Prop osed Amendments are consistent with CARB’s other 
climate -related regulations and GHG inventory methodologies. This consistency is 
necessary to enable CARB to assess the relative efficacy of GHG reduction strategies, which is necessary to allow CARB to effectively measure progress 
towards the State’s climate goals and prioritize GHG emission reduction strategies.    
IV-129 Section 94511(c)(2)(B)  
This subsection is needed to provid e a mechanism t o ensure the GWP impacts of 
newer substances for which GWP values were first published in the IPCC’s Fifth 
Assessment Report are considered in determining compliance with subsection 94511(c)(2) . This approach balances the need for consistency in GWP values used 
by CARB programs and  the need to assess the GWP impacts of potentia l IPE 
products as accurately as possible.  
 
Section 94511(c)(2)(C)  
 
T
his subsection is needed to provide clarity and transparency regarding how 
ingredients without a GWP value in either the IPCC’s Fourth or Fifth Assessment 
Reports are assigned a GWP value. Given that IPCC assessment reports are 
generally accepted to provide  the most up -to-date and comprehensive set of GWP 
values for substances with any significant GWP, zero is appropriate for the substances for which the IPCC has not assessed a GWP value.  
Purpose of Proposed Amendments to Section 94511(c)(3)  
This proposed subsection would require that the amount of product delivered by 
the innovative product be equal to or exceed the amount of product delivered by the representative product.  
Rationale for Proposed Amendments to Section 94511(c)(3)  
This amendment is needed to help ensure that more of the innovative product is 
used relative to the innovative product it replaces so that the proposal does not 
result in an increase in GWP and OFP. If more of the innovative product must be 
used than the representative product (for example, if one can of the representative 
product dispenses as much “Hair Finishing Spray” as one can of the innovative product, the OFP and GHG benefits of staff’s proposal would be offs et by 
increased product usage.  
Purpose of Proposed Amendments to Section 94511(c)(4)(A) and (B)  
Proposed new subsection 94511(c)(4) would prohibit the OFP of the innovative  
product from  exceed ing the OFP of the representative HFC -152a product . 
Proposed new subsections (c)( 4)(A) and (B) would do as follows : 
(A) Specifies that MIR values , for the purposes of determining OFP , shall  be 
based on the MIR values used by the Consumer Product Regulation’s 
Alternate Compliance Option for “Multi -Purpose Lubricant” produc ts; and 
(B) Requires that fragrance ingredients’ OFP be calculated using  the MIR value 
for terpinolene identified in the Consumer Product Regulation Table of MIR values. 
Rationale for Proposed Amendments to Section 94511 (c)(4)  
 
T
his subsection is needed to ens ure that the new proposed IPE will not result in  
IV-130 increased ozone formation, and therefore be counterproductive to California’s 
efforts to attain State and federal ozone standards. The rationale for subsections 
(A) and (B) are provided below.  
 
Section 94511(c) (4)(A) 
 
T
his subsection is needed to provide clarity and transparency regarding the MIR 
values to be used to determine representative and innovative product OFP, and to 
be consistent with the MIR values used to determine compliance with the “Multi -
Purpo se Lubricant” and “Aerosol Coating  Product ” elements  of the Consumer 
Products Regulations, so that the OFP benefits of this proposal can be achieved .  
 
Section 94511(c) (4)(B) 
 
T
his subsection is needed to ensure that an innovative product not demonstrate a n 
equivalent or  lower OFP by utilizing the “worst case”  default MIR value for 
fragrance  in the representative product , and a (potentially much lower ) actual MIR 
value for a fragrance in the proposed  innovative product. The use of the default 
6.36 MIR value  for fragrance in the representative product and an actual lower MIR 
value for fragrance ingredients in the innovative product would inflate the OFP 
reductions of the innovative product relative to the representative product. Use of 
a consistent MIR value for fragrance in both the representative and innovative product is needed to ensure that  uncertainty regarding fragrance ingredient MIRs 
does not result in an OFP increase from a proposed innovative product , thereby 
ensuring the OFP benefits intended by the proposal . 
 
P
urpose of Proposed Amendments to Section 94511(d) (1) and (2) 
 
The Pr
oposed  Amendments would add a new subsection (d)  that would  define a 
“representative HFC -152a product ” in the “Hair Finishing Spray,” “Dry Shampoo,” 
or “Personal Fragrance Pr oduct” categories  to compare to  the proposed 
innovative product in those categories under  section 94511(c)  as a product that 
meets one of two provisions . Subsections (d)(1) and (2) would be added as 
described below: 
 
(1
) This proposed  subsection provides one o f the two criteria a  product can 
meet to qualify as a representative HFC -152a product: have a product 
formulation in the proposed new  table (Table 94511(d)(1) ) indicating 
representative, generic HFC -152a  product formulations . The proposed table 
provides re presentative HFC -152a product formulations for  a “Hair Finishing 
Spray” product that complies with  a 50 percent VOC standard ; “Dry 
Shampoo” products that comply with  a 55 percent and a 50 percent VOC 
standard ; and “Personal Fragrance Product” that compl ies with a 70 
percent and a 50 percent VOC standard.  
(2) This proposed subsection provides the second of the two criteria a product 
can meet to qualify as a representative HFC -152a product, as an alternative 
to the generic product formulations identified in propo sed Table 
94511(d)(1). These criteria require that the representative product : meet the 
same regulatory definition as the innovative product; utilize propellant that  
IV-131 is at least 50 percent HFC -152a , by weight ; and have a fragrance content 
that is represent ative of products on the California market in the applicable 
category at the time of the IPE application . 
Rationale for Proposed Amendments to Section 94511( d) 
This subsection is needed to ensure that the intended air quality benefits of the IPE 
are achiev ed. Transparent, understandable, and technically -sound criteria for 
identifying the baseline product against which the innovative product will be 
evaluated is critical to ensur e that product manufacturers understand the relative 
OFP and GWP thresholds that the innovative product must achieve, and th at these 
thresholds provide real air quality benefits.  
Rationale for Proposed Amendments to Section 94511(d)(1)  
This subsection is needed to encourage product manufacturers to develop 
innovative “Hair Finishing Spray,” “Dry Shampoo,” and “Personal Fragrance 
Product” with compressed gas propellant by providing product manufacturers with 
certainty regarding what a representative HFC -152a product would be . These 
representative formulations are based upon staff’s eval uation of 2015 Consumer 
Products  Survey data , discussions with product manufacturers , and staff’s 
assessment of likely reformulation pathways to comply with the applicable VOC 
standards . These proposed representative formulations, which are consistent with 
those described in Appendix D, are intended to encourage more manufacturers to 
develop innovative products using compressed gas propellant by providing additional certainty regarding a pprovable representative product formulations.  
In the “Dry Shampoo” category, this subsection is also needed to discourage use 
of HFC- 152a to comply with CARB’s proposed 55 percent VOC standard in 2023. 
“Dry Shampoo” products do not yet typically use HFC -152a , but CARB anticipates 
that many manufacturers will use exempt HFC-152a to meet th e proposed 55 
percent  VOC standard . Without a default representative HFC -152a product 
formulation, manufacturers  would have to first formulate “Dry Shampoo” with HFC -
152a for such a product to be identified as “representative ,” resulting in G HG 
emissions . Table 94511(d)(1) ’s represent ative HFC -152a “Dry Shampoo” products 
enable a manufacturer to forgo having to first develop and market an HFC -152a -
based “Dry Shampoo,” thereby eliminating an unnecessary and costly interim 
reformulation, and red ucing GHG in the interim by keeping an HFC -152a -based 
“Dry Shampoo” off the market.  
“Hair Finishing Spray,” “Dry Shampoo,” and “Personal Fragrance Product” 
formulations in Table 94511(d)(1) are based upon staff’s evaluation of 2015 
Consumer Products Survey  data, and are consistent with anticipated ingredient 
formulation pathways identified in Appendix D. Thus, the formulations in the table 
represent likely formulations for each of the categories.  
Rationale for Proposed Amendments to Section 94511(d)(2)  
This subsection is needed to provide product manufacturers with flexibility to 
compare an innovative product under section 94511(c) to a  representative HFC - 
IV-132 152a product  not represented under (d)(1) , since some manufacturers may have 
existing HFC-152a products  with different ingredient profiles , while ensuring  that 
the representative product against which the  innovative product is compared is 
actually representative of its category. Criteria to ensure the representative product 
is comparable to the innovative product with which it is compared is  needed to 
ensure that approval of an IPE for the innovative product would  not increase OFP 
and will result in real GWP reductions .  
The requirement that the representative product meet the same regulatory 
definition as the innovative product is to ensure that a representative “Hair Finishing Spray” product is used for comparison to an innovative “Hair Finishing 
Spray” product, a representative “Dry Shampoo” product is used for comparison to an innovative “Dry Shampoo” product, and a  representative “Personal Care 
Product” is used for comparison to an innovative “personal Care Product,”  Use  of 
innovative and representative products in the same category is needed to ensure an apples -to-apples comparison of relative OFP and GWP benefits, and ensure the 
innovative products achieves its intended emission benefits.  
The requirement that the representative product’s propellant is at least 50 percent 
HFC-152a is needed to be consistent with the intent of these proposed IPE 
provisions  that the proposed innovative product replace an HFC -152a product and 
therefore achieve GHG reductions. The 50 percent HFC -152a content threshold 
balances this goal, with the recognition that some products blend HFC -152a with 
other propellants.  
Finally, th e requirement that fragrance content of the representative product is 
representative of products currently on the California market in the applicable category at the time of the IPE application  is needed to ensure that a 
representative product with a typica lly high fragrance content (and therefore 
potentially unrealistically high OFP) is not  selected . Use of a representative product 
with higher fragrance content than the proposed innovative product could result in 
excess, and unrealistic, calculated OFP bene fits. For more discussion regarding 
how use of the default MIR value for fragrance can skew OFP determinations, see 
the “Rationale for Proposed Amendments to Section 94511(c)(4)( B),” above.  
Purpose of Proposed Amendments to Section 94511( e) 
Staff’s proposa l would renumber existing subsection (c) to become subsection (e) , 
and include IPE application requirements in new subsections (e)(1) and (2) .  New 
subsections 94511(e)(1) and (2) are proposed as follows:  
1. 94511(e)(1) would  include existing IPE application requirements previously 
identified in section 94511(c) for products that meet existing eligibility criteria 
identified in subsections 94511(a); and  
2. 94511(e)(2) would  identif y proposed new IPE application requirements for 
products that meet proposed n ew IPE eligibility criteria identified in 
subsections 94511 (c). 
Rationale for Proposed Amendments to Section 94511(e)   
IV-133 Proposed renumbering of existing subsection (c) to become subsection (e) is 
needed to accommodate two new IPE provisions  as new 94511(c) a nd (d), 
discussed above.  94511(e) applies to 94511(a) -(d), and so goes after those 
provisions.  
The amendments to 94511(e)  are also needed to illustrate the differing IPE 
application criteria for products meeting IPE eligibility requirements in subsection 
(a) versus those products meeting IPE eligibility requirements in subsection (c) . 
These discrete application criteria are identified in new subsections 94511(e)(1) and 
(2). 
Section 94511(e)(1)  
These amendments are needed to clearly identify the existing IPE  application 
requirem ents for products meeting the existing eligibility criteria is subsection  (a), 
which are proposed to be different from  the application requirements for products 
meeting the proposed new criteria in subsection (c). These criteria are id entical to 
existing  subsection 94511( c), and are merely being moved into new  subsection 
94511(e) (1), to make room for the new IPE provisions in 94511(c) and (d), and  to 
allow for, and distinguish them from, new criteria proposed in subsection 
94511(e)(2).  
Section 94511(e) (2) 
These amendments are needed to clearly identify the proposed IPE application requirements for products meeting the proposed new  eligibility  criteria i n 
subsection ( c), and to differentiate these application requirements from products 
meeting the existing eligibility  criteria in subsection ( a). These new application 
requirements are needed to ensure applications provide the information needed to demonstrate a product will achieve the required OFP and GWP benefits , as 
opposed to the VOC em ission benefits required by existing subsections (a) and (b) . 
Requirements that a manufacturer provide the name, weight  percent, density, 
reactivity, and GWP for all ingredients in both the proposed representative and innovative product is needed to determ ine compliance with requirements of 
proposed subsections (c)(1) through (4) and subsection 94511(d)(2), if applicable. 
The proposed requirement that the applicant provide any additional information necessary to enable the Executive Officer to establish enf orceable conditions  for 
granting the exemption, including the VOC content and OFP of the innovative product, is needed to  enable the Executive Officer to include enforceable 
provisions
 any subsequent IPE approval , such as maximum allowable content of 
speci fic product ingredients, as needed to ensure the anticipated air quality and 
GHG benefits are achieved.   
IV-134 Purpose of Proposed Amendments to Section 94511(f)  
The purpose of this subsection is t o indicate  that a product that demonstrates VOC 
reductions for the  purposes of subsection 94511 by product combustion is 
ineligible for an IPE.  
Rationale for Proposed Amendments to Section 94511(f)  
This amendment is needed to protect public health,  since combustion can increase 
emissions of oxide of nitrogen, fine partic ulate matter, and air toxic emissions . 
Several California air basins, including the South Coast Air Basin, remain in 
nonattainment of federal ozone and particulate matter standards . In addition, many 
combustion -based consumer products, such as air fresheni ng candles or catalytic 
lamps, are commonly used indoors, resulting in greater potential for personal 
exposure and associated health risks . It would be inappropriate to trade lower in -
use VOC emissions due to combustion for increased NO x, PM, or air toxic 
emissions, given the potential for adverse air quality or public health impacts from 
those emissions. Thus, this proposed addition clarifies that no such product can 
receive an IPE, so there is no incentive to develop or sell such a product in California.   
Purpose for Proposed Amendments to Section 9451 1(c) through ( i) 
Proposed amendments to these sections would renumber existing sections ( c) 
through (i) to become sections ( e) through ( m). 
Rationale for Proposed Amendments to Section 94511( c) through ( i) 
Amendments to these sections are needed to accommodate new sections ( c), (d), 
(f) and (k ). 
Purpose for Proposed Amendments to Section 94511(k)  
The Proposed Amendments would add this new section, which  would  specify that , 
for an IPE product that was approved pursuant to the proposed subsection (c), 
when one or more product ingredient s change  after the product has been granted 
an exemption,  the product with the ingredient changes will be considered a 
modified product . This new section would further identify und er what 
circumstances a manufacturer must notify CARB of a product ingredient change versus when to  apply for a new IPE for the modified product . The specific purpose 
for each subsection is as follows:  
(1) Indicates that, if the criteria in subsections (A), (B ), and (C), described below, 
are met, a manufacturer must notify CARB of an ingredient modification 
within 30 days, but need not apply for a new exemption for the modified product:  
(A) The product ingredient is either a fragrance and/or is not a reactive organ ic compound , as defined in section 94509(r)(1)(l) ; 
(B) The total weight  of modified product ingredients in (A) do es not exceed 
0.5 percent of the total product weight  for “Hair Finishing Spray” or “Dry  
IV-135 Shampoo, ” and the total weight  of modified product ingredi ents in (A) 
does not exceed 2.5 percent of total product weight  for “Personal 
Fragrance P roduct;” and  
(C) The ingredient modifications do not increase the product ’s OFP.  
(2) Indicates that if a product modification does not meet all three of the criteria 
in subsec tions (k)(1)(A), (B), and (C), that the manufacturer must apply for a 
new IPE for the modified product , and that the modified product must still 
meet all the requirements to be considered an IPE product . 
Rationale for Proposed Amendments to Section 94511(k ) 
These amendments are needed to provide clear and transparent criteria regarding 
product ingredient changes after a product receives an exemption under 94511(c)  
that are considered minor and are unlikely to  have an adverse air quality impact. 
This identification of “de minimus” ingredient changes is needed to enable product manufacturers to make minor product changes, including identical products with different fragrances, without going through what can be a lengthy IPE application 
process  that may not approve a product for an IPE . The criteria in this section for a 
CARB notification, in  lieu of a new IP E application, provides the certainty and 
regulatory flexibility to manufacturers  needed to further encourage manufacturers 
to develop  innovative “Hair Fini shing Spray,” “Dry Shampoo,” and “Personal 
Fragrance Product,” including those using compressed gas propellant.  
Rationale for Proposed Amendments to Section 94511(k)(1)  
These amendments are needed to provide clarity and certainty that if a ll three 
criteria  identified in subsections ( k)(1)(A), (B), and (C) are  met, a manufacturer must 
notify the CARB Executive Officer within 30 days  of an ingredient change in an 
existing IPE product that was approved based upon the eligibility criteria in subsection (c) . The 30-day notification is necessary to ensure that CARB is notified 
in a reasonable time period that is also enough time for manufacturers to make the report, so CARB can  effectively track and ensure compliance for all IPE products, 
including those with fragrance variants or other minor ingredient changes.  
Rationale for Proposed Amendments to Section 94511(k)(1)(A)  
These amendments are needed to limit and provide clarity regarding  the types of 
ingredients that may be modified without triggering a new IPE appl ication . 
Inclusion of fragrance ingredients is needed because many otherwise identical 
“Hair Finishing Spray,” “Dry Shampoo,” and “Personal Fragrance Product” have 
fragrance variants, and requiring each product with a fragrance variant to apply for 
a new I PE would be overly burdensome on product manufacturers , and could result 
in fewer innovative products and reduced GHG benefits. Inclusion  of ingredients 
that are not classified as reactive organic compounds (ROC) , as defined in section 
94509(r)(1) is needed to allow for modification of ingredients that do not have an 
air quality impact. Flexibility regarding changes in ingredients that are not defined 
as ROC is warranted, as these ingredients are unlikely to contribute to ozone formation.   
IV-136 Rationale for Proposed Amendments to Section 94511(k)(1)(B)  
These amendments are needed to provide clarity regarding the  amount of 
fragrance or non -ROC ingredient  modification that would require submittal of a 
new IPE application . The identified threshold of allowable percent change in 
ingredients  is needed to allow IPE product fragrance substitution, based upon what 
is a typical fragrance content for “Hair Finishing Spray,” “Dry Shampoo,’ and 
“Personal Fragrance Produc t.”  This de minimus level of fragrance substitution is 
needed to enable a manufacturer to market a compressed gas product with 
multiple fragrance variants , thereby further encouraging manufacturers to develop 
and market compressed gas products . 
Rationale for Proposed Amendments to Section 94511(k)(1)(C)  
These amendments are needed to ensure that ingredient changes to an existing 
IPE product do not worsen air quality or increase greenhouse gases. Exclusion of 
this proposed amendment could result in increased OFP and GWP, and would be 
contrary to the goals of the  IPE. If OFP is increased, a new IPE application for the 
modified product will help maintain the IPE benefits.  
Rationale for Proposed Amendments to Section 94511(k)(2)  
These amendments are needed to ensure that ingredient changes to existing IPE 
products that result in higher OFP or GWP go through the full IPE application 
process  again for the modified product,  to ensure these changes do not increase 
OFP or GWP relative to the representative product, thereby allowing flexibility in making limited changes wh ile still preserving the IPE requirements that will lead to 
emission benefits. The last sentence is added to clarify the implicit requirement that 
a modified product must meet the requirements in 94511(c), even with the modifications, to be eligible to be an IPE product .  
Purpose of  Proposed Amendments to Section 94511( h) 
The Proposed Amendments renumber (h) to ( l) to account for new provisions in 
section 94511, and add new language to clarify that if a VOC limit in section 
94509(a) is lowered for a product  through a later rulemaking, existing IPEs for two 
categories of products will not be affected . Further, the Proposed Amendments 
add a new subsection (l)(2) that ( specif ies that IPEs granted to  “Automatic Aerosol 
Air Freshener” products subject to a 30 per cent VOC standard will not be revoked 
due to later adoption of a lower VOC standard . 
Rationale for Proposed Amendments to Section 94511( h) 
Retention of the language in subsection ( l)(1) into the existing  section (h) , and 
addition of the language in subsect ion (l)(2) into the same subsection (h)  would be 
less clear and transparent  it would include description of the circumstances in 
which an IPE would have no force and effect, and two exceptions to these circumstances in a single  section . The proposed division of the previous subsection 
(h) into subsections  (l)(1) and ( l)(2), and new proposed regulatory language in (l)(2)  
IV-137 provides clarity because  it more clearly delineates the two circumstances in which 
the provisions of section 94511(l) would not apply .   
Section 94511( l)(1) 
Adding an “and” at the end of subsection ( l)(1) is needed for clarity, as described 
above.  
Section 94511( l)(2) 
Beginning on January 1, 2023, “Manual Aerosol Air Freshener” is proposed to  be 
subject to a lower VOC standard, while “Automati c Aerosol Air Freshener” is 
proposed to  retain its existing 30 percent VOC standard . This proposed  addition of  
subsection ( l)(2) is needed to clarify that IPEs  approved for “Single Phase Air 
Freshener” products will remain approved and in effect even if the proposed 
amendments to transition “Single Phase Air Freshener” to “Manual Aerosol Air 
Freshener”  and “Automatic Aerosol Air Freshener”  become effective.   
Purpose for Proposed Amendments to Section 94512(f)  
The Proposed Amendments would add this new sub section  (f) to existing section 
94512, which would require any establishment identified as an “Automotive Parts 
and Accessories Store” or by code 441310 in NAICS that sell s “Energized Electrical 
Cleaner” products in or to a California business to  maintain any records it already 
generates of such activity,  including but not limited to  the date of sale, the name 
and manufacturer of the product, the quantity sold, andthe name and address of 
any California business, if applicable . This new proposed subsection (f)  would also 
require these establishments to make these records available the Executive Officer  
upon request within 10 business days, and to  maintain  all such records  for five years 
from the date of sale.  
Rationale for Proposed Amendments to Section 9451 2(f) 
This section is needed  both to enhance the enforceability of the proposed 
exclusion from the “Energized Electrical Cleaner” category those products that are 
sold to automotive maintenance and repair facilities  in Califor nia, by ensuring that 
“Energized E lectrical Cleaner” sales records that identify product recipients are 
maintained and available for CARB enforcement purposes , and to ensure 
automotive parts and accessories stores who sell “Energized Electrical Cleaner” products in or to California have a method to differentiate between entities to 
which they choose to sell. This provision does not require businesses to create any 
new records, but only to keep the records they already create as part of their routine business practice that contain the specif ied information for five years. The 
five year length of the requirement for records maintenance is needed to provide 
CARB enforcement adequate data to ascertain the extent of any potential violation of the regulation.  
Purpose for Proposed Amendments to Sec tion 94513 (i)(1) 
Proposed new subsection 94513(i)(1) would require responsible parties (i.e. product  
IV-138 manufacturers and formulators) to provide specific product data and other 
information by March 31, 2026,  for “Personal Fragrance Product” with a fragrance 
content of less than or equal to 10 percent . The information required to be 
reported is described in proposed subsection 94513(i)(1)(A) and (B).  
Rationale for Proposed Amendments to Section 94513(i)(1)  
This section is needed, as stated in the staff report , to conduct a technical 
assessment to determine if the 50 percent VOC standard for products with less 
than or equal to 10 percent fragrance will continue to be technologically and economically feasible across all “P ersonal Fragrance Product”  subtypes. Proposed 
sections 94513(i)(1)(A) and (B)  are needed to  detail the data to be collected to 
conduct the technical assessment.  
Purpose for Proposed Amendments to Section 94513(i)(1)(A)  
Proposed new subsection 94513(i)(1)(A) would require “Personal Fragrance 
Product” responsible parties to report to CARB product sales and composition for 
the responsible party’s products sold or offered for sale in California for the calendar year 2025, including the VOC content for fragrance ingredients,  and the 
product label.  
Rationale for Proposed Amendments to Section 94513(i)(1)(A)  
This section is needed to collect information to allow CARB to evaluate how the current market of “ Personal Fragranc e Product”  with no more than 10 percent 
fragrance stands in relation to the futur e standard of 50  percent by weight VOC.  
Purpose for Proposed Amendments to Section 94513(i)(1)(B)  
Proposed new subsection 94513(i)(1)(B) would require “Personal Fragrance Product” responsible parties to submit to CARB a written update on the cost of 
their reformulation efforts and their research and development efforts undertaken 
to date to achieve the proposed 50 percent by weight VOC standard by 
January 1, 2031. Proposed subsections 94513(i)(1)(B) i) through vi) specify that this 
report must include  at least a  description of the steps taken to achieve compliance 
and the dates the steps were taken, including types of formulations tested, 
formulation data, prototype testing, toxicity testing and/or research, stability 
testing, and consumer acceptance resear ch. 
Rationale for Proposed Amendments to Section 94513(i)(1)(B)  
This section is needed to collect data on the product development steps taken to 
achieve future VOC standards. CARB would be requiring responsible parties to 
report on the product development steps taken to bring “ Personal Fragrance 
Product”  to market which would be compliant with the upcoming VOC standards , 
to monitor their progress . Items i) through vi) list typical steps taken in bringing 
new products to market, so including them helps identify for stakeholders some 
common steps that should be, and that CARB expects to be, taken . The proposal 
does not require the responsible party to take all these steps in i) through vi) , but  
IV-139 rather to provide detail in its report to CARB regarding each of the six steps taken, 
and why any of the six steps were not taken, if applicable. . 
Purpose for Proposed Amendments to S ubsections 94513( i)(1)(B) i) through vi)  
These subsections would identify the types of information  
Rationale for Proposed Amendments to S ection 94513(i)(1)(B)  i)  
This section is needed to provide clarity to product manufacturer that it must 
report types of formulations that it tested in attempting to  develop products that 
meet the proposed 50 percent standard , and to ensure that CARB will receive this 
information that is necessary to evaluate the extent , successes and challenges of 
manufacturers in meeting the proposed standard . This information is needed to 
enable CARB to determine the extent and types of r eformulation path ways  
evaluated b y the manufacturer, including  water -based or hydroalcoholic pathways . 
Additional pathways within a given solvent system for reformulating to a lower 
VOC formula may involve the use of innovative surface active agents, solvents or other kinds of additives.  
Rationale for Proposed Amendments to Section 94513(i)(1)(B) ii)  
This section is needed to provide clarity to product manufacturer that it must 
report formulation data (i.e., ingredient information) for products that it evaluated 
to meet the proposed 50 percent standard, and to ensure that CARB will receive 
this information that is necessary to evaluate the extent, successes and challenges of manufacturers in meeting the proposed standard . Product f ormulations 
evaluated by the manufacturer a re needed to pro vide CARB with insight  regarding 
how many and what types of products it attempted to formulate to meet the 50 
percent VOC standard . 
Rationale for Proposed Amendments to Section 94513(i)(1)(B) iii)  
This section is needed to provide clarity to product manuf acturer that it must 
report on its testing of prototype products  to meet the proposed 50 percent 
standard, and to ensure that CARB will receive this information that is necessary to 
evaluate the extent, successes and challenges of manufacturers in meeting the 
proposed standard. Prototype product testing -  packag ing laboratory scale 
samples of product to perform testing on prototypes for marketplace suitability - is 
a key stage in product development, and this information is needed to provide 
CARB staff with  insight into m anufacturer reformulation efforts.  
Rationale for Proposed Amendments to Section 94513(i)(1)(B) iv)  
This section is needed to provide clarity to product manufacturer that it must 
report on its toxicity testing and/or research  of products to  meet the proposed 50 
percent standard, and to ensure that CARB will receive this information that is necessary to evaluate the extent, successes and challenges of manufacturers in meeting the proposed standard . Toxicity testing and/or research would be 
conducted for new ingredients to ensure that the final product would be safe to  
IV-140 apply and inhale and to determine whether any new labeling requirements would 
apply.  
Rationale for Proposed Amendments to Section 94513(i)(1)(B) v)  
This section is needed to pro vide clarity to product manufacturer that it must 
report on its stability testing for products to meet the proposed 50 percent 
standard, and to ensure that CARB will receive this information that is necessary to evaluate the extent, successes and challenges of manufacturers in meeting the 
proposed standard. This stage in product development typically ensures that the 
newly formulated chemical composition and/or package are compatible with each 
other and with product “function” for a reasonable period of time . Specifically for 
”Personal Fragrance Product” , stability testing would ensure that the fragrance and 
other physical properties of the product remain stable over time.  
Rationale for Proposed Amendments to Section 94513(i)(1)(B) vi)  
This section is needed to provide clarity to product manufacturer that it must 
report on its consumer acceptance research for products to meet the proposed 50 
percent standard, and to ensure that CARB will receive this information that is necessary to evaluate the extent, successes and challenges of manufacturers in meeting the proposed standard . Typically, for new products, a manufacturer would 
conduct some kind of market testing such as focus group testing or consumer surveys to ensure that the new product would achieve consumer acceptance.  
 
Purpose of Proposed Amendments to Section 94513 Authority and Reference  
CARB is proposing to add Health and Safety Code sections 39003, 39515, 39516, 
39701, 41503.5, and 41700 to the authority for section 94513. CARB is proposing 
to add He alth and Safety Code sections 39 000, 39003, 39602, 39607, 41503.5, and  
41700 to the references for section 94513.  
Health and Safety Code section 39003 designates CARB as the State agency 
charged with coordinating efforts to attain and maintain air quality standards and 
researching air pollution, among other things. Section 39515 provides authority for 
CARB to appoint an executive officer, and to delegate statutory duties to the executive officer . Section 39516 provides that the E xecutive Officer can redeleg ate 
to a subordinate anything delegated to the E xecutive Officer . Section 39701 
requires CARB to coordinate and collect research data on air pollution . Section 
41503.5 requires CARB to ensure that every reasonable action is taken to achieve State ambient air quality standards for ozone by the earliest practicable date . 
Section 41700 prohibits persons from discharging air contaminants or materials that cause negative impacts on, or danger to the comfort, health, or safety, of a consideration number of persons. 
 
Health and Safety Code section 39000 memorializes the Legislature’s findings and 
declarations that Californians have an interest in the quality of their environment, which is  being degraded by pollution, endangering the health, safety, and welfare 
of Californians . Section 39003 designates CARB as the State agency charged with 
coordinating efforts to attain and maintain air quality standards and researching air  
IV-141 pollution, among other things. Section 39602 designates CARB as the air pollution 
control agen cy for all purposes of federal law, including for preparing the State 
Implementation Plan required by the federal Clean Air Act . Section 39607 requires 
CARB to establish a program to secure data on air quality in each air basin, as well 
as to inventory sou rces of air pollution with the air basins and determine the kinds 
and amount of air pollution to the extent feasible.  
 Rationale of Proposed Amendments to Section 94513 Authority and Reference  
CARB proposes to add sections 39515 and 39516 to the authority for this regulatory provision because section 94513 delegates responsibilities to the Executive Officer, who re -delegates them to the appropriate CARB staff under the 
Executive Officer. This delegation is necessary to ensure that the emission 
reductions goals of section 94513 are met, by ensuring there are enough staff 
working on it to actually implement and enforce section 94513.  
 
CARB proposes to add section 39701 to the authority for this regulatory provision because CARB is requiring the submission of certain information regarding 
consumer products relating to their emissions, thereby implementing the charge in 
section 39701 to coordinate and collect research data on air pollution.  
 
CARB proposes to add Health and Safety Code section 41503.5 to the authority for section 9451 3 because section 94513 takes action to ensure that California 
achieves air standards for ozone by the earliest practical date, implementing 
section 41503.5.  
 
Finally, CARB proposes to add section 41700 to the authority for section 94513 because section 94513 implements this section by controlling the emission of VOCs , which contribute to ozone and associated air quality and health impacts.  
 CARB proposes to add Health and Safety Code sections 39000, 39003, 39602, 39607, 41503.5  and 4 1700 to the references for section 9451 3 to provide context 
for the need for the regulatory changes and CARB authority to make them . CARB 
proposes to add section 39602 to the references for section 94513 because CARB 
is proposing this regulation to help achieve ozone reductions needed under federal 
law, and which CARB committed to obtaining in the 2016 State SIP Strategy .  
 
Purpose for Proposed Amendments to Section 94515(a)(1) and (2), (c), (j), and 
(k) 
Section 94515 sets forth test methods to be used to determine VOC and GWP 
compound content for all consumer product categories regulated under Article 2 
of the Consumer Products Regulations . CARB is  proposing non -substantive 
modification s to sections 94515(a)(1) and (2), (c), (j) , and (k)  to update the title  of 
Method 310 by adding “California ;”  to add a “C” to the acronym “ ARB,” so that 
the acronym for California Air Resources, “CARB,” would be used throughout these 
sections; and to  replace  the date Method 310 was last amend ed (May 25, 2018)  
with a the date on which the Proposed Amendments become effective, so  that the  
IV-142 new Method 310 version that would apply would be the one update d as proposed 
in this rulemaking.  
Rationale for Proposed Amendments to Section 94515(a)(1) and (2), (c), (j), and 
(k) 
The propose d amendment s are necessary to align the name and acronym for CARB 
Method 310 with how the Agency is currently referring to itself: as the California 
Air Resources Board, or CARB for short . Referring to the most recent effective date 
for the method, which would be, if these amendments are approved, the date 
these amendments become  effective, is necessary to clarify that the updated CARB 
Method 310 with the amendments proposed in this rulemaking will be used for 
compliance verification, not a previous version . 
Purpose for Proposed Amendments to Sections 94515(a(2)(3.4) -(a)(2)(3.6)  
Subpart (2) of the “Test Methods” section 94515 reproduces sections 3.4, 3. 5, and 
3.6 of the CARB Method 310. We are proposing changes to the reproduced 
sections 3.4, 3. 5, and 3.6, s o they are consistent with the Proposed Amendments to 
the CARB Method 310.  
Rationale for Proposed Amendments to Sections 94515(a)(2)(3.4 -(a)(2)(3.6)  
Proposed Amendments to reproduced sections 3.4, 3. 5, and 3.6 of the CARB 
Methods 310 are necessary to reflect the changes proposed to these sections in the actual CARB Method 310 language, which are further describe below.  
Purpose for Proposed Amendments to Section 94515(a)( 2)(3.4) 
Staff is proposing to change section 3.4 to make it clear that the Executive Off icer 
has discretion to make a VOC content determination, if it applies to the specific product being tested, and that, if done, the VOC content determination shall be done pursuant to sections 3.2 and 3.3.  
  Staff is also proposing to replace “will” with “ shall.” 
  Staff is proposing to replace “formula” with “equation” in subsection 3.4.1. Also, in 
subsection 3.4.1, staff is proposing to add references to replace the generic reference to “CARB regulations” with references to specific sections of the Califo rnia Consumer Products Regulations that specify the VOC standards for 
consumer products that are regulated by CARB.  
  
In subsection 3.4.2 staff is proposing to make the following changes:  
 
• replace “will” with “may;”  
  
• add a timeline of 25 working days from  an Executive Officer request for a 
responsible party to supply product formulation data when the product does 
not meet the applicable VOC standards;  
   
IV-143 • clarify how the Executive Officer shall treat confidential information and 
streamline references to CARB’s confidentiality regulations, including by 
deleting “CCR, Division 3, Chapter 1, Subchapter 4 (Disclosure of Public Records);” and  
  
• add the sentence “Failure to respond to an Executive Officer request for this information is a violation.”  
  In subsection 3.4.3, staff is proposing to replace “If the information supplied by the 
responsible party shows that the product does not meet the applicable VOC 
standards, then the Executive Officer will take appropriate enforcement action” with “If the Executive Officer determines, based on testing, information they may receive from the responsible party, and any other applicable evidence, that the product does not comply with the applicable VOC standard, the Executive Officer 
may take appropriate enforcement action.”  
 
Staff is proposing to delete subsection  3.4.4.  
Rationale for Proposed Amendments to Section 94515(a)( 2)(3.4) 
Adding “if” clarifies that not all testing will require CARB to make a VOC determination, depending upon the product being tested and what CARB i s 
testing for . The rest of the proposed changes to the first paragraph of section 3.4 
makes it grammatically work with the addition of “if,” and makes it more clear that CARB will use sections 3.2 and 3.3 to make a VOC content determination. Replacing “wil l” with “shall” makes it more clear that this it is mandatory.  
Replacing “formula” with “equation” in subsection 3.4.1 is necessary because it 
would correctly reflect that the VOC content is calculated using mathematical 
equations that manipulate various p arameters to arrive at a VOC content of the 
analyzed product.  
According to the California Consumer Products Regulations, categories of consumer products that are regulated by CARB are required to remain below or 
meet the percent VOC by weight standards . Those standards are in sections 94502 
and 94509 of the California Consumer Products Regulations (title 17 of the 
California Code of Regulations) . Staff is proposing to reference those specific 
sections in subsection 3.4.1 of Method 310 to explicitly state that when an Executive Officer determines whether a product meets the applicable VOC 
standards, the Executive Officer refers to VOC standards presented in the 
abovementioned sections. Replacing a generic reference to CARB regulations with 
the specific sectio ns will make it easier for a regulated entity reading Method 310 
to know what to reference and more clear what standards they are being held to under Method 310, too.  
According to the California Consumers Products Regulations, the Executive Officer may req uest a responsible party to submit formulation data within 25 working days 
and CARB is required to handle the formulation data as confidential as allowed under law . Failure to submit the requested formulation data is a violation. Staff is  
IV-144 proposing to add that information to subsection 3.4.2 of Method 310 to remain 
consistent with the California Consumer Products Regulations, so that all the 
information is in here, too, instead of making the reader go back and forth, and so 
that the specific requirements, a s well as the fact that it’s a violation not to provide 
the requested data on time, are clear to regulated entities.  
Staff is proposing to delete the phrase “CCR, Division 3, Chapter 1, Subchapter 4 (Disclosure of Public Records)” from subsection 3.4.2 because it is unnecessary 
language . Deleting is helps streamline the reference to the pieces that a reader 
needs, just the title, CCR, and section number, which makes it easier for a 
layperson to read and find the reference. Deleting the reference to the 
“con fidentiality procedures” removes unnecessary language, to help make it more 
clear and thus easier to read and understand this section.  
Staff is proposing to modify subsection 3.4.3 to reflect that CARB can determine that a consumer product has violated VO C standards based not only on 
information provided by the responsible party, but also based on testing and any other applicable evidence . This change brings Method 310 up to date with how 
CARB actually conducts enforcement, based on all available informati on. 
Staff is proposing to delete subsection 3.4.4 because the clarifications made to 
subsection 3.4.3 make this subsection redundant and no longer needed.  
Purpose for Proposed Amendments to Section 94515(a)(2)(3. 5) 
Staff is proposing to add the phrases “or  boiling point, or both are” and “which are 
incorporated by reference herein” to subsection 3.5.1. Staff is also proposing to 
delete the list of ASTM references from subsection 3.5.1.  
  Staff is proposing to add subsections 3.5.1.1 and 3.5.1.2 to specify what reference methods could be used to determine the vapor pressure and, separately, which reference methods could be used to determine the boiling point.  
  Staff is also proposing to add reference method ASTM D1782- 08 to subsection 
3.5.1.1.  
  Finally, sta ff is proposing to replace the first “will” with “may” and the later “will” 
with “shall” in subsection 3.5.2.  
Rationale for Proposed Amendments to Section 94515(a)(2)(3. 5) 
Section 3.5 appears verbatim in the California Consumer Products Regulations. The 
phrases “and/or boiling point are” and “which are incorporated by reference 
herein” are included in the California Consumer Products Regulations, but were inadvertently omitted from Method 310 . Thus, these proposed amendments will 
harmonize the California Consumer Products Regulations with Method 310, as originally intended.  
  Staff is proposing to delete all of the ASTM references in subsection 3.5.1 because they are moved to subsections 3.5.1.1 and 3.5.1.2.   
IV-145   
Adding subsections 3.5.1.1 and 3.5.1.2 would point out explicitly what reference 
methods apply to which criterion of this exemption, making it easier for regulated 
entities to know which specific methods apply to which determination, making it easier to comply.  
  Reference method ASTM D1782- 08 was always listed in section 2 but now would 
be placed in subsection 3.5.1.1, as another alternative, where it can be used to determine vapor pressure, so that all methods related to vapor pressure are in 3.5.1.1.  
 
 
R
eplacing “will” with “may” in the first sentence of subsection 3.5.2 clarifies that 
the Executive Officer has discretion to test a sample of LVP -VOC and is not 
required to do so . Replacing “will” will “shall” in the final sentence of subsection 
3.5.2 makes it more clear that this is mandatory and not ju st a description of what is 
done.  
Purpose for Proposed Amendments to Section 94515(a)(2)(3. 6) 
Staff is proposing to add that the Executive Officer may use their scientific judgment to perform additional analyses if the product’s VOC compliance is not resol ved under sections 3.4 and 3.5.  
  Staff is also proposing to delete subsection 3.6.1 and renumber the rest of the 
subsections accordingly.  
Finally, staff is proposing to replace “will request” with “may ask” and add “additional” in front of “information to explain the discrepancy” in subsection 3.6.2, renumbered as 3.6.1. 
Rationale for Proposed Amendments to Section 94515(a)( 2)(3.6) 
The proposed changes to section 3.6.1 will clarify that the criteria to be used to 
determine whether further analyses and testing are required is the Executive 
Officer’s scientific judgment, which reflects what CARB actually does and is generally accepted as a basis for requiring additional information. Replacing “will” 
with “may” clarifies that the Executive Officer has the option to conduct further analyses and testing, but that it is not required and will not automatically happen.  
Section 3.6.1 is proposed to be removed because it is misleading and unneeded . 
CARB may take enforcement action on many bases, and has enforcement discretion to do so, and this subsection as written may give the false impression 
that if this one basis is resolved, no enforcement action will be taken at all.  
  
Because section 3.6.1 is proposed to be removed, existing section 3.6.2 will 
become section 3.6.1, and existing section 3.6.3 will become section 3.6.2, to keep them in numerical order.  
  Replacing “will request” with “may ask” clarifies that the Executive Officer has 
discretion to request such information, but need not . Adding “additional” in fr ont  
IV-146 of “information to explain the discrepancy” in renumbered subsection 3.6.1 
clarifies that this information is additional to other information CARB can request of 
the responsible party under the regulations and Method 310, and that CARB can 
use other information it has to explain the discrepancy, too.  
 
Purpose of Proposed Amendments to Section 94515 Authority and Reference  
CARB is proposing to add Health and Safety Code sections 39515, 39516, 41503.5, 
and 41700 to the authority for section 94515 . CARB is  proposing to add Health and 
Safety Code sections 39000, 39003, 39602, 39701, 41503.5, and 41700 to the 
references for section 94515. 
Section 39515 provides authority for CARB to appoint an executive officer, and to 
delegate statutory duties to the executi ve officer. Section 39516 provides that the 
executive officer can redelegate to a subordinate anything delegated to the executive officer . Section 41503.5 requires CARB to ensure that every reasonable 
action is taken to achieve State ambient air quality standards for ozone by the earliest practicable date . Section 41700 prohibits persons from discharging air 
contaminants or materials that cause negative impacts on, or danger to the 
comfort, health, or safety, of a consideration number of persons . 
 
Health an d Safety Code section 39000 memorializes the Legislature’s findings and 
declarations that Californians have an interest in the quality of their environment, which is being degraded by pollution, endangering the health, safety, and welfare 
of Californians . Section 39003 designates CARB as the State agency charged with 
coordinating efforts to attain and maintain air quality standards and researching air 
pollution, among other things. Section 39602 designates CARB as the air pollution 
control agency for all pu rposes of federal law, including for preparing the State 
Implementation Plan required by the federal Clean Air Act.   
 Rationale of Proposed Amendments to Section 9451 5 Authority and Reference  
CARB proposes to add sections 39515 and 39516 to the authority f or this 
regulatory provision because section 94515 delegates responsibilities to the 
Executive Officer, who re -delegates them to the appropriate CARB staff under the 
Executive Officer. This delegation is necessary to ensure that the emission 
reductions goals of section 9451 5 are met, by ensuring there are enough staff 
working on it to actually implement and enforce the Consumer Products Regulations using the procedures in 94515 and CARB Method 310.  
 CARB proposes to add Health and Safety Code section 41503.5 to the authority for section 9451 5 because section 94515 takes action to ensure that California 
achieves air standards for ozone by the earliest practical date, implementing section 41503.5.  
 Finally, CARB proposes to add section 41700 to the authority  for section 9451 5 
because section 9451 5 implements this section by helping to control the emission 
of VOCs, which contribute to ozone and associated air quality and health impacts.  
  
IV-147 CARB proposes to add Health and Safety Code sections 39000, 39003, 39602,  
41503.5, and 41700 to the references for section 94515 to provide context for the 
need for the regulatory changes and CARB authority to make them . CARB 
proposes to add section 39602 to the references for section 9451 5 because CARB 
is proposing this regulation to help achieve ozone reductions needed under federal 
law, and which CARB committed to obtaining in the 2016 State SIP Strategy .  
 
C. Aerosol Coating Products Regulation  
Purpose of Proposed Amendments to Section 94521 Authority and Reference  
CARB is prop osing to add Health and Safety Code sections 39515, 39516, 41503.5, 
and 41511, to the authority for section 945 21. CARB is proposing to add Health 
and Safety Code sections 39000, 39003, 39602, 41503.5, 41511, and 41700 to the references for section 945 21. 
Section 39515 provides authority for CARB to appoint an executive officer, and to delegate statutory duties to the executive officer . Section 39516 provides that the 
executive officer can redelegate to a subordinate anything delegated to the executive offi cer. Section 41503.5 requires CARB to ensure that every reasonable 
action is taken to achieve State ambient air quality standards for ozone by the 
earliest practicable date . Section 41511 allows the State Board to require the 
owner or the operator of any a ir pollution emission source to take such action as 
the state board or the district may determine to be reasonable for the 
determination of the amount of such emission from such source.  
 
Health and Safety Code section 39000 memorializes the Legislature’s findings and 
declarations that Californians have an interest in the quality of their environment, which is being degraded by pollution, endangering the health, safety, and welfare of Californians . Section 39003 designates CARB as the State agency charged wi th 
coordinating efforts to attain and maintain air quality standards and researching air 
pollution, among other things. Section 39602 designates CARB as the air pollution 
control agency for all purposes of federal law, including for preparing the State 
Implementation Plan required by the federal Clean Air Act . Section 41700 prohibits 
persons from discharging air contaminants or materials that cause negative impacts on, or danger to the comfort, health, or safety, of a consideration number of 
persons. 
 
Rationale of Proposed Amendments to Section 94521 Authority and Reference  
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section to reflect CARB’s specific authority to adopt a regulation that delegates its legal powers and duties to the executive officer, who may then 
redelegate to a subordinate, which this regulation is implementing.  
 CARB proposes to add Health and Safety Code section 41503.5 to the authority for section 94521 because section 94521 takes action to ensure that California 
achieves air standards for ozone by the earliest practical date, implementing 
section 41503.5.   
IV-148   
CARB proposes to add Health and Safety Code section 41511 to the authority for 
section 94521 because section 94521 requires consumer product manufacturers to 
take action to help the Board determine the amount of emissions from consumer products, implementing section 41511.  
 
CARB proposes to add Health and Safety Code sections 39000, 39003, 39602, 
41503.5, 41511, and 41700 as references for this section, to reflect that these 
sections are also to be referenced when reading this section, as background for understanding the regulation and its context, and to provide context for the need for the regulatory changes and CARB authority to mak e them.  
Purpose for Proposed Amendments to Section 94522( c) 
Staff is proposing to delete subsection 94522 (c), which does not allow aerosol 
coating products to quality for alternative control plans.  
Rationale for Proposed Amendments to Section 94522( c) 
Subsection (c) states that “The Alternative Control Plan Regulation (sections 94540-94555) does not apply to aerosol coating products.”  An Alternative Control Plan is a plan that offers the Responsible Party an alternative to comply with the VOC standards for  consumer products and aerosol coating products . However,  in 2000, 
the Aerosol Coating Products Regulation was amended to establish reactivity limits based on the MIR scale; and  beginning in June 2002 for General Coating 
categories and January 2003 for Specialty Coating categories, mass -based percent 
by weight VOC standards were no longer applicable except for the transition period from mass -based VOC standards to reactivity- based limits . As a result, 
subsection (c) was added to section 94522 to clarify tha t the ACP does not apply to 
aerosol coating products . In this rulemaking, staff is proposing to delete outdated 
language related to aerosol coating products in the Alternative Control Plan Regulation . Thus, the subsection (c) is no longer needed and theref ore should be 
deleted to streamline the regulation.  
Purpose for Proposed Amendments to Section 9452 2(d) through ( i) 
Proposed amendments to these sections would renumber sections 94522(d) through (i) to become sections 94522(c) through (h ), and re -number in ternal 
references in these sections.  
Rationale for Proposed Amendments to Section 94522 (c) through (h)  
Amendments to these sections are needed to accommodate the deletion of 
subsection (c) from  section 94522, as described above , while keeping internal 
references within those renumbered subsections correct still . 
 
Purpose of Proposed Amendments to Section 94522 Authority and Reference  
CARB is proposing to add Health and Safety Code sections 39515, 39516, 4 1503.5, 
41511, and 41700 to the authority for section 94522. CARB is proposing to add  
IV-149 Health and Safety Code sections 39000, 39003, 39602, 39607, 39701, 41503.5, 
41504, 41511, and 41700 to the references for section 94522.  
Section 39515 provides authority for CARB to appoint an executive officer, and to delegate statutory duties to the executive officer . Section 39516 provides that the 
executive officer can redelegate to a subordinate anything delegated to the executive officer . Section 41503.5 requires CARB to ensure that every reasonable 
action is taken to  achieve State ambient air quality standards for ozone by the 
earliest practicable date . Section 41511 allows the State Board to require the 
owner or the operator of any air pollution emission source to take such action as the state board or the district may determine to be reasonable for the determination of the amount of such emission from such source. Section 41700 
prohibits persons from discharging air contaminants or materials that cause 
negative impacts on, or danger to the comfort, health, or safety,  of a consideration 
number of persons.  
 
Health and Safety Code section 39000 memorializes the Legislature’s findings and declarations that Californians have an interest in the quality of their environment, 
which is being degraded by pollution, endangering the health, safety, and welfare 
of Californians . Section 39003 designates CARB as the State agency charged with 
coordinating efforts to attain and maintain air quality standards and researching air pollution, among other things. Section 39602 designates CA RB as the air pollution 
control agency for all purposes of federal law, including for preparing the State 
Implementation Plan required by the federal Clean Air Act . Section 39607 requires 
CARB to establish a program to secure data on air quality in each ai r basin, as well 
as to inventory sources of air pollution with the air basins and determine the kinds 
and amount of air pollution to the extent feasible. Section 39701 requires CARB to 
coordinate and collect research data on air pollution.  
 Section 41504 a llows CARB to establish regulations it deems necessary to enable a 
district to achieve and maintain State ambient air quality standards  where CARB 
finds a district’s rules aren’t enough to achieve and maintain the State ambient air quality standards . 
 
Rationale of Proposed Amendments to Section 9452 2 Authority and Reference  
 
CARB proposes to add sections 39515 and 39516 to the authority for this 
regulatory provision because section 945 22 delegates responsibilities to the 
Executive Officer, who re -delegates them to the appropriate CARB staff under the 
Executive Officer. This delegation is necessary to ensure that the emission 
reductions goals of section 94522  are met, by ensuring there are enough staff 
working on it to actually implement and enforce section 9 4522 .  
 
CARB proposes to add Health and Safety Code section 41503.5 to the authority for 
section 94522  because section 945 22 takes action to ensure that California 
achieves air standards for ozone by the earliest practical date, implementing section 41503. 5.  
  
CARB proposes to add Health and Safety Code section 41511 to the authority for  
IV-150 section 94522  because section 945 22 requires consumer product manufacturers to 
take action to help the Board determine the amount of emissions from consumer 
products, impl ementing section 41511.  
  
Finally, CARB proposes to add section 41700 to the authority for section 94522  
because section 945 22 implements this section by controlling the emissions of 
VOC, which contribute to ozone and associated air quality and health imp acts.  
  CARB proposes to add Health and Safety Code sections 39000, 39003, 39602, 39607, 39701, 41503.5, 41504, 41511, and 41700 to the references for section 
94522 to provide context for the need for the regulatory changes and CARB 
authority to make them. 
 
Purpose of Proposed Amendments to Section 94524 Authority and Reference  
CARB is proposing to add Health and Safety Code sections 39515, 39516, 39607, 
39701, 41503.5, and 41700 to the authority for section 94524. CARB is proposing 
to add Health and Safety Code sections 39000, 39003, 39602, 41504, and 41700 to the references for section 94524.  
Section 39515 provides authority for CARB to appoint an executive officer, and to delegate statutory duties to the executive officer . Section 39516 provides that the 
executive officer can redelegate to a subordinate anything delegated to the executive officer . Section 39607 requires CARB to establish a program to secure 
data on air quality in each air basin, as well as to inventory sources of air pollution with the air basins and determine the kinds and amount of air pollution to the extent feasible. Section 39701 requires CARB to coordinate and collect research 
data on air pollution . Section 41503.5 requires CARB to ensure that every 
reasonable action is taken to achi eve State ambient air quality standards for ozone 
by the earliest practicable date . Section 41700 prohibits persons from discharging 
air contaminants or materials that cause negative impacts on, or danger to the comfort, health, or safety, of a considerati on number of persons.  
 Health and Safety Code section 39000 memorializes the Legislature’s findings and 
declarations that Californians have an interest in the quality of their environment, 
which is being degraded by pollution, endangering the health, safety, and welfare of Californians . Section 39003 designates CARB as the State agency charged with 
coordinating efforts to attain and maintain air quality standards and researching air pollution, among other things. Section 39602 designates CARB as the air pol lution 
control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act . Section 41504 allows 
CARB to establish regulations it deems necessary to enable a district to achieve and ma intain State ambient air quality standards where CARB finds a district’s rules 
aren’t enough to achieve and maintain the State ambient air quality standards.  
 
Rationale of Proposed Amendments to Section 94524 Authority and Reference  
 CARB proposes to add s ections 39515 and 39516 to the authority for this 
regulatory provision because section 94524 delegates responsibilities to the  
IV-151 Executive Officer, who re -delegates them to the appropriate CARB staff under the 
Executive Officer. This delegation is necessary to ensure that the emission 
reductions goals of section 94524 are met, by ensuring there are enough staff 
working on it to actually implement and enforce section 94524.  
 CARB proposes to add Health and Safety Code sections 39607 and 39701 to the authority for this regulatory provision because section 94524 requires the reporting 
of data on consumer products that includes reporting on its ingredients, which can contribute to air pollution . By collecting this data, CARB is implementing sections 
39607 and 39701.  
 CARB proposes to add Health and Safety Code section 41503.5 to the authority for 
section 94524 because section 94524 takes action to ensure that California 
achieves air standards for ozone by the earliest practical date, implementing section 41503.5.  
 Finally, CARB proposes to add section 41700 to the authority for section 94524 
because section 94524 implements this section by controlling the emissions of 
VOC, which contribute to ozone and associated air quality and health impacts.  
 CARB proposes to add Health and Safety Code sections 39000, 39003, 39602, 41504, and 41700 to the references for section 94524 to provide context for the 
need for the regulatory changes and CARB authority to make them.  
Purpose for Proposed Amendments to Section 94526(a)  
Subsection (a) specifies the test methods to be used to determine compliance for 
products subject to Reactivity Limits . CARB is proposing to insert “California” 
before “Air Resources Board” and update the Method 310 applicable version in 
(a)(1); add ASTM D53 81-93 as the test method by which the metal content  of 
metallic aerosol coating products shall be determined  in a new subsection (a)(2) ; 
add ASTM D523- 08 as the test method by which the specular gloss of flat and non -
flat coatings shall be determined  in a new subsection (a)(3) ; and add ASTM D1613-
06 as the test method by which the a cid content of rust converters shall be 
determined  in a new subsection (a)(4) . All these new subsections set forth test 
methods to be used to determine Metal Content, Specular Gl oss, and Acid 
Content of an “Aerosol Coating Product” and to subsequently confirm its product 
category.  
Rationale for Proposed Amendments to Section 94526(a)  
Proposed incorporation by reference  of the test method s required to be used to 
determine the Meta l Content, Specular Gloss, and Acid Content of aerosol coating 
products is necessary because they are being removed from Method 310 to here, 
where they are more applicable, as they are used  to determine
 compliance of 
products with various requirements for aerosol coating products in section 
94521. The reader may find more information in the section describing the 
rationale for removal of these test methods from CARB Method 310.   
IV-152 The Proposed Amendments would also refer to the most recent effective date for 
the CARB Method 310, which would be, if these amendments are approved, the 
effective date of the amendments. This is necessary to reflect amendments 
proposed in this rulemaking and to clarify that the updated CARB Method 310 will 
be used for compliance veri fication , not a previous version. 
Finally, the proposed addition of “California” before “Air Resources Board” is needed to make the references to the agency consistent with how the agency refers to itself.  
Purpose for Proposed Amendments to Section 94526(b) (1)(A)(5 ) 
Staff is proposing to update the term “ material safety data sheet” or “ MSDS,” to 
“safety data sheet” or “ SDS.” 
Rationale for Proposed Amendments to Section 94526(b) (1)(A)(5) 
The Occupational Safety and Health Administration (OSHA) standardized the 
format and simplified the name of  “material safety data sheet” to “safety data 
sheet ”, resulting in a new acronym of SDS instead of MSD S to be consistent with 
the Globally Harmonized System of Classification and Labeling of Chemicals used in the Europea n Union . SDS is a simpler and more effective way to communicate 
the hazards of the chemicals used . This conversion from MSDS to SDS had been 
completed prior to June 1, 2015, for manufacturers . The proposed modification is 
needed to provide consistency with the 2015 change, to reflect the standard 
terminology currently used.  
 
Purpose of Proposed Amendments to Section 9452 6 Authority and Reference  
CARB is proposing to add Health and Safety Code sections 39515, 39516,  39701, 
41503.5, and 41700 to the authority  for section 94526 . CARB is proposing to add 
Health and Safety Code sections 39000, 39003, 39602, 41504, and 41700 to the 
references for section 94526. 
Section 39515 provides authority for CARB to appoint an executive officer, and to 
delegate statutory duties to the executive officer . Section 39516 provides that the 
executive officer can redelegate to a subordinate anything delegated to the 
executive officer . Section 39701 requires CARB to coordinate and collect research 
data on air pollution . Section 41503.5 requires CARB to ensure that every 
reasonable action is taken to achieve State ambient air quality standards for ozone 
by the earliest practicable date . Section 41700 prohibits persons from discharging 
air contaminants or materials that cause negative impacts on, or danger to the 
comfort, health, or safety, of a consideration number of persons.  
 Health and Safety Code section 39000 memorializes the Legislature’s findings and 
declarations that Californians have an interest in the quality of their environm ent, 
which is being degraded by pollution, endangering the health, safety, and welfare 
of Californians . Section 39003 designates CARB as the State agency charged with 
coordinating efforts to attain and maintain air quality standards and researching air pollution, among other things. Section 39602 designates CARB as the air pollution  
IV-153 control agency for all purposes of federal law, including for preparing the State 
Implementation Plan required by the federal Clean Air Act . Section 41504 allows 
CARB to establi sh regulations it deems necessary to enable a district to achieve 
and maintain State ambient air quality standards where CARB finds a district’s rules aren’t enough to achieve and maintain the State ambient air quality standards.  
 
Rationale of Proposed Ame ndments to Section 9452 6 Authority and Reference  
 CARB proposes to add sections 39515 and 39516 to the authority for this regulatory provision because section 94526 delegates responsibilities to the 
Executive Officer, who re -delegates them to the appropria te CARB staff under the 
Executive Officer. This delegation is necessary to ensure that the emission 
reductions goals of section 9452 6 are met, by ensuring there are enough staff 
working on it to actually implement and enforce section 9452 6.  
 CARB proposes  to add Health and Safety Code section 39701  to the authority for 
this regulatory provision because section 94526 requires the reporting of data on 
consumer products that includes reporting on its ingredients, which can contribute to air pollution . By coll ecting this data, CARB is implementing section 39701.  
 CARB proposes to add Health and Safety Code section 41503.5 to the authority for 
section 9452 6 because section 94526 takes action to ensure that California 
achieves air standards for ozone by the earli est practical date, implementing 
section 41503.5.  
 
Finally, CARB proposes to add section 41700 to the authority for section 9452 6 
because section 9452 6 implements this section by controlling the emissions of 
VOC, which contribute to ozone and associated a ir quality and health impacts.  
 CARB proposes to add Health and Safety Code sections 39000, 39003, 39602, 41504, and 41700 to the references for section 94526 to provide context for the 
need for the regulatory changes and CARB authority to make them.  
D. Alternative Control Plan Regulation  
Purpose for Proposed Amendments to Sections 94540, 94541, 94542,  94543, 
94547, 94550, 94551, 94553 
The Alternative Control Plan Regulation provides a Responsible Party with an 
alternative to comply with the VOC standards for consumer products . Staff is 
proposing to delete outdated language related to aerosol coating products and 
specific provisions “for aerosol coating products only” throughout the ACP 
Regulation. 
CARB is  also proposing to delete all references to  “section 94522 ,” “section 
94523,” and “sections 94520- 94528"  (the Aerosol Coating Products Regulation) 
throughout the ACP regulation . The ACP Regulation has not been amended since 
1996, while the Aerosol Coatings Regulation (sections 94520- 94528) has been 
amended sev eral times . The reference to aerosol coatings in the ACP regulation is  
IV-154 no longer applicable.  
As a result of these amendments, the title of the regulation would be also modified  
to delete reference to Aerosol Coating Products.  
Rationale for Proposed Amendments to Sections 94540, 94541, 94542, 94543, 
94547, 94550, 94551, 94553 
As it currently states, the Alternative Control Plan Regulation applies to consumer 
products and aerosol coating products , which are subject to VOC standards 
specified in California Code of Regulations, title 17, sections 94509 and 94522. 
However, the  mass -based  VOC standard s for aerosol coatings were phased out 
beginning in 2002,  when the VOC standards for aerosol coatings were changed to 
reactivity- based limit s. Therefore, all provisi ons specific to aerosol coatings in the 
ACP Regulation are no longer applicable or needed . In this rulemaking, staff is 
proposing to delete this outdated language related to aerosol coating products in 
the ACP Regulation. Deletion of this  language will update the regulation to make it 
consistent with these previous aerosol coatings changes, and will  clarify the 
applicability of the ACP Regulation.  
Purpose for Proposed Amendments to the Alternative Control Plan Regulation 
Title 
The current title , “Alternative Control Plan Regulation for Consumer Products and 
Aerosol Coating Products ,” would be modified to read “Alternative Control Plan 
Regulation for Consumer Products .”  
Rationale f or Proposed Amendments to the Alternative Control Plan Regulation 
Title 
Propos ed amendments to the title  reflect proposed changes described above. This 
is needed to clarify that the regulation is only applicable to consumer products, not 
to aerosol coating products anymore .  
Purpose of Proposed Amendments to Section 9454 0 
Staff is p roposing to delete the phrase “Division 3, Chapter 1, Subchapter 8.5, 
Articles 2 and 3”  because it is unnecessary language.  
Rationale of Proposed Amendments to Section 9454 0 
Deleting this language would help  streamline the reference to the piece that a 
reader needs, just the section number, which makes it easier for a layperson to 
read and find the refer ence.  
Purpose of Pro posed Amendments to Section 94540  Authority and Reference  
CARB is proposing to add Health and Safety Code sections 41503.5 and 41700 t o 
the authority for section 94540 . CARB is proposing to add Health and Safety Code 
sections 39000, 39003, 39602, 41503.5, 41504, 41511, and 41700 to the references 
for section 94540 .  
IV-155 Health and Safety Code section 41503.5 requires CARB to ensure that every  
reasonable action is taken to achieve State ambient air quality standards for ozone 
by the earliest practicable date . Section 41700 prohibits persons from discharging 
air contaminants or materials that cause negative impacts on, or danger to the 
comfort, health, or safety, of a consideration number of persons.  
 Health and Safety Code section 39000 memorializes the Legislature’s findings and 
declarations that Californians have an interest in the quality of their environment, 
which is being degraded by pollu tion, endangering the health, safety, and welfare 
of Californians . Section 39003 designates CARB as the State agency charged with 
coordinating efforts to attain and maintain air quality standards and researching air pollution, among other things. Section 39602 designates CARB as the air pollution 
control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act . Section 41504 allows 
CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB finds a district’s rules aren’t enough to achieve and maintain the State ambient air quality standards.  
Section 41511 allows CARB to adopt regulations to require the owner or the operator of any air pollution emission source to take actions CARB determines to be reasonable for the determination of the amount of such emission from such source.  
 
Rationale of Proposed Amendments to Section 94 540 Authority and Reference  
 CARB proposes to add Health and Safety Code section 41503.5 t o the authority for 
section 94540 because section 94540 takes action to ensure that California 
achieves air standards for ozone by the earliest practical date, implementing section 41503.5.  
 Final ly, CARB proposes to add section 41700 to the authority for section 94540  
because section 94540  implements this section by helping to control  the emissions 
of VOC, which contribute to ozone and the associated air quality and health 
impacts.  
 CARB proposes  to add Health and Safety Code sections 39000, 39003, 39602, 
41503.5, 41504, 41511, and 41700 to  the references for section 94540 to provide 
context for the need for the regulatory changes and CARB authority to make them.  
Purpose of Proposed Amendments to Section 94541  
Staff is proposing to delete the following language  “Consumer products and 
aerosol coating products shall not be included together in the same ACP. ” 
Rationale of Proposed Amendments to Section 94541  
As described above, all provisions specific  to aerosol coatings in the ACP 
Regulation are no longer applicable. Therefore, this clarification  is no longer 
needed . Deleting this language will update and streamline the regulation.   
IV-156 Purpose of Proposed Amendments to Section 9454 1 Authority and Referenc e 
CARB is proposing to add Health and Safety Code sections 39515, 39516, 41503.5, 
41511, and 41700 to the authority for section 9454 1. CARB is proposing to add 
Health and Safety Code sections 39000, 39003, 39602, 41504, 41511, and 41700 to 
the references f or section 945 41. 
Health and Safety Code section 39515 provides authority for CARB to appoint an executive officer, and to delegate statutory duties to the executive officer . Section 
39516 provides that the executive officer can redelegate to a subordinate anything 
delegated to the executive officer . Section 41503.5 requires CARB to ensure that 
every reasonable action is taken to achieve State ambient air quality standards for ozone by the earliest practicable date . Section 41511 allows the State Board to 
require the owner or the operator of any air pollution emission source to take such 
action as the state board or the district may determine to be reasonable for the determination of the amount of such emission from such source. Section 41700 
prohibits perso ns from discharging air contaminants or materials that cause 
negative impacts on, or danger to the comfort, health, or safety, of a consideration number of persons.   
 Health and Safety Code section 39000 memorializes the Legislature’s findings and declarations that Californians have an interest in the quality of their environment, which is being degraded by pollution, endangering the health, safety, and welfare of Californians . Section 39003 designates CARB as the State agency charged with 
coordinating efforts to attain and maintain air quality standards and researching air pollution, among other things. Section 39602 designates CARB as the air pollution 
control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act . Section 41504 allows 
CARB to establish regulations it deems necessary to enable a district to achieve 
and maintain State ambient air quality standards where CARB finds a district’s rules 
aren’t enough to achieve and maintain the State ambient air quality standards.  
 
Rationale of Proposed Amendments to Section 945 41 Authority and Reference  
 
CARB proposes to add sections 39515 and 39516 to the authority for this regulatory provision because section 94541 delegates responsib ilities to the 
Executive Officer, who re -delegates them to the appropriate CARB staff under the 
Executive Officer. This delegation is necessary to ensure that the emission 
reductions goals of the ACP Regulation are met, by ensuring there are enough staff working on it to actually implement and enforce section the ACP Regulation .  
 CARB proposes to add Health and Safety Code section 41503.5 to the authority for 
section 94541 because section 945 41 takes action to ensure that California 
achieves air standards for ozone by the earliest practical date, implementing 
section 41503.5.  
 CARB proposes to add Health and Safety Code section 41511 to the authority for 
section 9454 1 because section 94541 requires consumer product manufacturers 
who wish to take advantage of the ACP option to take certain action s to help  
IV-157 determine the emissions from the consumer products, limiting those products 
subject to the ACP  and implementing section 41511.  
 Finally, CARB proposes to add section 41700 to the authority for section 94541 because section 945 41 implements this section by creating  and defining  a program 
that will help to control the emissions of VOC, which contribute to ozone and associated air quality and health impacts.  
 CARB proposes to add Health and Safety Code sections 39000, 39003, 39602, 
41504, 41511, and 41700 to the references for section 9454 1 to provide context 
for the need for the regulatory changes and CARB authority to make them.  
Purpose for Proposed Amendments to Section 94542(a)(2)
 
Staff is proposing to delete the reference to “the data obtained from the 
February  25, 1993 Air Resources Board Aerosol Paint Survey .” 
Rationale for Proposed Amendments to Section 94542(a)(2)  
As described above, all provisions specific to aerosol coatings in the ACP Regulation are no longer applicable . Therefore, this reference to the old survey is 
no longer needed . Deleting this language will update and streamline the 
regulation.  
Purpose for Proposed Amendments to Section 94542(a)(14)
 
Staff is proposing to modify the definition of  “LVP” or “LVP  Compound ” to the 
same definition as that of  “LVP -VOC” in the Consumer Products Regulation, 
section 94508(a ). The existing definitional provisions regarding low vapor pressure 
are proposed to be deleted.  
Rationale for Proposed Amendments to  Section 94542(a)(14)   
This proposed modification is needed to provide clarity and consistency with the Consumer Products Regulation: Since the ACP regulation applies only to Consumer Products, the definitions applicable to the Consumer Products Regulation and the ACP Regulation should be the same. The definitional provisions regarding low 
vapor pressure are stated in the definition of “LVP -VOC” in the Consumer Products 
Regulation and are no longer needed . 
 
Purpose for Proposed Amendments to Section 94542 Auth ority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515, 39516,  
39607, 39701,  41503.5, and 41511 to the authority for this section 94542. Section 
39515 provides authority for CARB to appoint an executive officer, and to delegate 
statutory duties to the executive officer. Section 39516 provides that the executive 
officer can redelegate to a subordinate anything delegated to the executive officer . 
Section 39607 requires CARB to establish a program to secure data on air qualit y in 
each air basin, as well as to inventory sources of air pollution with the air basins and determine the kinds and amount of air pollution to the extent feasible. Section  
IV-158 39701 requires CARB to coordinate and collect research data on air pollution. 
Section 41503.5 requires CARB to ensure that “every reasonable action is taken to 
achieve the state ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at the earliest practicable date.”  Finally, 
section 41511 allows CARB to “require the owner or the operator of any air 
pollution emission source to take such action as the state board or the district may 
determine to be reasonable for the determination of the amount of such emission from such source.”  
 
CARB staff is pr oposing to add Health and Safety Code sections 39000, 39003, 
39602, 41504, 41511, and 41700 to the reference for this section 94542 . Section 
39000 lays out the Legislature’s findings and declaration that Californians have an 
interest in State environmental  quality, and that quality is being degraded by 
pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution. Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a 
district to achieve and maintain State ambient air quality standards where CARB 
finds a district’s rules aren’t enough to achieve and mainta in the State ambient air 
quality standards . Section 41700 prohibits the discharge of any air contaminant or 
other material causing injury, nuisance, or danger to the public.  
 
Rationale for Proposed Amendments to Section 945 42 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the 
authority for this section 94542 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who 
may then redelegate to a subordinate, which this regulation is implementing . CARB 
proposes to add Health and Safety Code sections 39607 and 39701 to the 
authority for this regulatory provision because section 94542 requires the reporting 
of data that it defines on consumer pr oducts  that can contribute to air pollution; by 
defining  this data, it allows CARB to collect it, implementing sections 39607 and 
39701. Section 94542 also establish es necessary definitions to create a program 
that will result in ozone reductions, implementing sections 41503.5 and 41511.   
 Further, CARB proposes to add Health and Safety Code sections 39000, 39003,  
39602,  41504, 41511, and 41700 as references for this section 94542 , to reflect that 
these sections are also to be referenced when reading this s ection, as background 
for understanding the regulation and its context, and to provide context for the 
need for the regulatory changes and CARB authority to make them.  
 
Purpose for Proposed Amendments to Section 94543 Authority and Reference  
 
CARB staff is  proposing to add Health and Safety Code sections 39515, 39516,  
IV-159 39607, 39701, and 41503.5 to the authority for this section 94543 . Section 39515 
provides authority for CARB to appoint an executive officer, and to delegate 
statutory duties to the executive officer . Section 39516 provides that the executive 
officer can redelegate to a subordinate anything delegated to the executive officer . 
Section 39607 requires CARB to establish a program to secure data on air quality in each air basin, as well as to inventory sources of air pollution with the air basins and determine the kinds and amount of air pollution to the extent feasible. Section 
39701 requires CARB to coordinate and collect research data on air pollution. Section 41503.5 requires CARB to ensure that “every reasonable action is taken to achieve the state ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at the earliest practicable date.”  
 
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 
39602, 41504, and 41700 to the reference for this section 94543 . Section 39000 
lays out the Legislature’s findings and declaration that Californians have an interest 
in State environmental quality, and that quality is being degraded by pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the cause s of and solutions to air pollution . Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB finds a district’s rules aren’t enough to achieve and maintain the State ambient air quality standards . Section 41700 pro hibits the discharge of any air contaminant or 
other material causing injury, nuisance, or danger to the public.  
 
Rationale for Proposed Amendments to Section 9454 3 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section 94543 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who may then redelegate to a subordinate, which this regulation is implementing . CARB  
proposes to add Health and Safety Code sections 39607 and 39701 to the authority for this regulatory provision because section 94543 requires the reporting 
of data that it defines on consumer products that can contribute to air pollution; by 
defining this data, it allows CARB to collect it, implementing sections 39607 and 
39701. Section 94543 also establish es necessary requirements for the ACP  program 
that will result in ozone reductions, implementing sections 41503.5 and 41511.  
 
Further, CARB proposes to  add Health and Safety Code sections 39000, 39003, 
39602, 41504, and 41700 as references for this section 9454 3, to reflect that these 
sections are also to be referenced when reading this section, as background for 
understanding the regulation and its context, and to provide context for the need for the regulatory changes and CARB authority to make them.  
  
IV-160 Purpose for Proposed Amendments to Section 94544 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, 
39607, 39701, and 41503.5 to the authority for this section 94544 . Section 39515 
provides authority for CARB to appoint an executive officer, and to delegate statutory duties to the executive officer. Section 39516 provides that the executive officer can rede legate to a subordinate anything delegated to the executive officer . 
Section 39607 requires CARB to establish a program to secure data on air quality in each air basin, as well as to inventory sources of air pollution with the air basins and determine the kinds and amount of air pollution to the extent feasible. Section  39701 requires CARB to coordinate and collect research data on air 
pollution . Section 41503.5 requires CARB to ensure that “every reasonable action is 
taken to achieve the state ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at the earliest practicable date.”  
 
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 
39602, 41504, and 41700 to the reference for this section 94543 . Section 39000 
lays out the Legislature’s findings and declaration that Californians have an interest in State environmental quality, and that quality is being degraded by pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution. Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including 
for preparing the State Implementation Plan required by the federal Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB finds a district’s rules aren’t enough to achieve and maintain the State ambient air quality standards . Section 41700 prohibits the discharge of any air contaminant or 
other material causi ng injury, nuisance, or danger to the public.  
 
Rationale for Proposed Amendments to Section 9454 4 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section 94544 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who may then redelegate to a subordinate, which this regulation is implementing . CARB 
proposes to add Health and Safety Code sections 39607 and 39701 to  the 
authority for this regulatory provision because section 94544 requires the reporting 
of data on consumer products that can contribute to air pollution , implementing 
sections 39607 and 39701. Section 94544 also establish es necessary requirements 
for th e ACP program that will result in ozone reductions, implementing sections 
41503.5.  
 Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 
39602, 41504, and 41700 as references for this section 9454 4, to reflect that these 
sections are also to be referenced when reading this section, as background for  
IV-161 understanding the regulation and its context, and to provide context for the need 
for the regulatory changes and CARB authority to make them.  
 
Purpose for Proposed Amendments to Section 9 4545 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, 39607, 39701, and 41503.5 to the authority for this section 94545 . Section 39515 
provides authority for CARB to appoint an executive officer, and to delegate 
statutory duties to the executive officer. Section 39516 provides that the executive 
officer can redelegate to a subordinate anything delegated to the executive officer. Section 39607 requires CARB to establish a program to secure data on air qual ity in 
each air basin, as well as to inventory sources of air pollution with the air basins and determine the kinds and amount of air pollution to the extent feasible. Section 
39701 requires CARB to coordinate and collect research data on air pollution. Section 41503.5 requires CARB to ensure that “every reasonable action is taken to achieve the state ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at the earliest practicable date.”  
 
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 
39602, 41504, and 41700 to the reference for this section 94544. Section 39000 
lays out the Legislature’s findings and declaration that Californians have an interest in State environmental quality, and that  quality is being degraded by pollution, 
adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution. Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal  Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB finds a district’s rules aren’t enough to achieve and maintain the State ambient air quality standards . Section 41700 prohibits the discharge of any air contaminant or 
other material causing injury, nuisance, or danger to the public.  
 
Rationale for Proposed Amendments to Section 94545 Authority and Reference  
 
CARB proposes to add He alth and Safety Code sections 39515 and 39516 to the 
authority for this section 94545 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who 
may then redelegate to a subordinate, which this regulation is implementing . CARB 
proposes to add Health and Safety Code sections 39607 and 39701 to the authority for this regulatory provision because section 94545 requires the reporting upon request of data on consumer products that can contribute to air pollution, 
implementing sections 39607 and 39701. Section 94545 also establishes necessary 
requirements for the ACP program that will result in ozone reductions, 
implementing sections 41503.5.  
 Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 
39602, 41504, and 41700 as references for this section 94545, to reflect that these  
IV-162 sections are also to be referenced when reading this section, as background for 
understanding the regulation and its context, and to provide context for the need for the regulatory changes and CARB authority to make them.  
 
Purpose for Proposed Amendments to Section 94546 (h) 
 
Staff proposes to replace the existing section 94546(h) with a new section 94546(h) that specifies that failure to comply wi th each provision of Method 310 or any other 
required test method, or to supply information required by a test method, is a 
separate violation of this article.  
 Rationale for Proposed Amendments to Section 94546 (h) 
 
T
his proposed modification clarifies that failing to perform the applicable 
provisions of Method 310 or any other test method this regulation requires, or to 
provide CARB information required by Method 310 or any other test method this regulation requires, is a violation of this regulation, for which penalties may be 
levied. This provision is needed to ensure that regulated entities are aware of the 
consequences associated with failing to follow the prescribed test methods and requests for information under those test methods. Such provisions need to be enforceable in order to make sure that CARB can rely on the testing and its ability to obtain information necessary to ensure that the emissions reductions are being 
achieved.  
 Purpose for Proposed Amendments to Section 94546 (h) 
 
Staff proposes to  update the subsections to which this provision applies from (a) -(g) 
to (a) -(h). 
 
Rationale for Proposed Amendments to Section 94546 (h) 
 
This modification is necessary to account for the new subsection (h) proposed to be added to section 94546, to clarify that the circumstances in in H ealth and Safe ty 
Code section 42 403(b) shall be taken in to consideration for Test Method violations, 
too. 
 
Purpose for Proposed Amendments to Section 94546 (h), (i), and (j)  
 
Staff propose to renumber existing sections 94546(h) , (i), and (j) to sections 
94546(i), (j), and (k).  
 
Rationale for Proposed Amendments to Section 94546 (h), (i), and (j)  
 
This modification is necessary to account for the new subsection (h) proposed to be added to section 94546, which more appropriately go es after subsection (g) than  
IV-163 after all the existing subsections, since subsections (h), (i), and (j) are general and 
apply to all preceding subsections of this provision.  
 
Purpose for Proposed Amendments to Section 94546 Authority and Reference  
 
CARB staff  is proposing to add Health and Safety Code sections 39515, 39516, 
41503.5, and 41511 to the authority for this section 94546. Section 39515 provides 
authority for CARB to appoint an executive officer, and to delegate statutory duties 
to the executive offi cer. Section 39516 provides that the executive officer can 
redelegate to a subordinate anything delegated to the executive officer. Section 41503.5 requires CARB to ensure that “every reasonable action is taken to achieve the state ambient air quality stan dards for ozone, carbon monoxide, nitrogen 
dioxide, and sulfur dioxide at the earliest practicable date.”   Section 41511 allows 
the State Board to require the owner or the operator of any air pollution emission source to take such action as the state board  or the district may determine to be 
reasonable for the determination of the amount of such emission from such source.  
 
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 
39602, 41504, 41511, and 41700 to the reference for this section 9454 6. Section 
39000 lays out the Legislature’s findings and declaration that Californians have an interest in State environmental quality, and that quality is being degraded by pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution. Section 39602 designat es 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB 
finds a district’s rules aren’t enough to achieve and maintain the State ambient air quality standards . Section 41700 prohibits the discharge of any air contaminant or 
other materi al causing injury, nuisance, or danger to the public.  
 
Rationale for Proposed Amendments to Section 9454 6 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section 9454 6 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who may then redelegate to a subordinate, which this regulation is implementing . 
Section 9454 6 also establish es necessary requirements for the A CP program that 
will result in ozone reductions, implementing sections 41503.5 and 41511.  
 
Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 
39602, 41504, 41511, and 41700 as references for this section 94546 , to reflect that 
these sections are also to be referenced when reading this section, as background 
for understanding the regulation and its context, and to provide context for the 
need for the regulatory changes and CARB authority to make them.  
Purpose for Proposed Amendments  to Section 94547(b)( 10)
  
IV-164 CARB is  proposing to specify  a threshold for products to qualify for credit under 
the ACP . The proposed  amendments would prohibit  a company with an appro ved 
Alternative Control  Plan from  using  products that are not more than a defi ned 
threshold below the applicable VOC standard to generate ACP credits for the 
purposes of offsetting emissions from products that exceed VOC standards. In 
other words, products that are not more than the proposed threshold  below the 
VOC standard applicable to that product, as specified in new proposed Table 
94547(b)(10),  would not be able to generate ACP credi ts under a company’s ACP 
anymore under this proposed modification. 
 This section 945 47(b)(10) would replace existing section 94547(b)(10) which 
proh ibited trading of Surplus Reduction Credits between an ACP for consumer 
products and an ACP for aerosol coating products.  
Rationale for Proposed Amendments to Section 94547 (b)(10) 
An increasing number of products that generate ACP credit fall just below the applicable VOC standard. It can be difficult to verify that a product is generating 
VOC credit  if the difference between a product’s VOC content and the required 
standard exceeds the laboratory testing protocol’s margin of error. In addition, if a 
produc t’s VOC content is nearly identical to the applicable VOC standard, natural 
variability of product ingredient concentrations could result in some products generating credits when they actually exceed the standard . In both of the above 
cases, the proximity of an ACP product’s VOC content to the applicable standard 
can present compliance verification challenges. Therefore, CARB seeks to identify a 
threshold above which CARB can be sure that an ACP product’s VOC content 
varies enough that the difference between the VOC content and the standard is great enough that it is clear that it proposed amendment would increase the 
likelihood that the ACP credits generated under an ACP are real and will result in 
environmental benefits.  
 
Finally, it is necessary to delete the existing section 94547( b)(1) because, as 
previously discussed,  VOC standard s for aerosol coatings were phased out 
beginning in 2002, when the standards for aerosol coatings were changed to 
reactivity- based limit s. Therefore, all provisions specific to  aerosol coatings in the 
ACP Regulation are no longer applicable or needed . Since aerosol coating 
products are no longer eligible for an ACP, provisions restricting trading of Surplus Reduction Credits for aerosol coating products are no longer needed .  
 
Purpose for Proposed Amendments to Section 94547 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, 39607, 39701, and 41503.5, to the authority for this section 9454 7. Section 39515 
provides authority for C ARB to appoint an executive officer, and to delegate 
statutory duties to the executive officer. Section 39516 provides that the executive 
officer can redelegate to a subordinate anything delegated to the executive officer . 
Section 39607 requires CARB to establish a program to secure data on air quality in each air basin, as well as to inventory sources of air pollution with the air basins and determine the kinds and amount of air pollution to the extent feasible. Section  
IV-165 39701 requires CARB to coordinate and collect research data on air pollution . 
Section 41503.5 requires CARB to ensure that “every reasonable action is taken to 
achieve the state ambient air quality standards for ozone, carbon monoxide, 
nitrogen dioxide, and sulfur dioxide at the earliest pra cticable date.”  
 CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 39602, 41504, and 41700 to the reference for this section 94547 . Section 39000 
lays out the Legislature’s findings and declaration that Californians have an inter est 
in State environmental quality, and that quality is being degraded by pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating  efforts to attain and maintain ambient air quality standard, and 
researching the causes of and solutions to air pollution. Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State  Implementation Plan required by the federal Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB 
finds a district’s rules aren’t enough to achieve and maintain the State ambient air 
quality standards . Section 41700 prohibits the discharge of any air contaminant or 
other material causing injury, nuisance, or danger to the public.  
 
Rationale for Proposed Amendments to Section 9454 7 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section 9454 7 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer , who 
may then redelegate to a subordinate, which this regulation is implementing . CARB 
proposes to add Health and Safety Code sections 39607 and 39701 to the authority for this regulatory provision because section 94547 requires the reporting upon request  of data on consumer products that can contribute to air pollution, 
implementing sections 39607 and 39701. Section 94547 also establishes  necessary 
requirements for the ACP program that will result in ozone reductions, 
implementing sections 41503.5 and 41511.  
 
Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 
39602, 41504, and 41700 as references for this section 9454 7, to reflect that these 
sections are also to be referenced when reading this section, as background for 
understand ing the regulation and its context, and to provide context for the need 
for the regulatory changes and CARB authority to make them.  
 
Purpose for Proposed Amendments to Section 94548(c) (2) 
 
Staff is proposing to delete subsection 94548(c) (2). 
 
Rationale for  Proposed Amendments to Section 94548(c) (2) 
 
Subsection 94548(c) states that all shortfalls shall be completely reconciled by 
“using of hairspray emission reduction credit (HERCs), as specified in section  
IV-166 94567(c), Title 17, California Code of Regulations”  as one of the two options . The 
Hairspray Credit Program expired January 1, 2010, and was repealed from the 
California Code of Regulations effective January 1, 2015. Thus, the subsection (c) is 
no longer applicable  and therefore should be deleted.  
 
Purpose for Proposed Amendments to Section 94548 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, 
39607, 39701, 41503.5, and 41511 to the authority for this section 94548. Section  39515 provides authority for C ARB to appoint an executive officer, and to 
delegate statutory duties to the executive officer . Section 39516 provides that the 
executive officer can redelegate to a subordinate anything delegated to the 
executive officer . Section 39607 requires CARB to establish a program to secure 
data on air quality in each air basin, as well as to inventory sources of air pollution 
with the air basins and determine the kinds and amount of air pollution to the extent feasible. Section  39701 requires CARB to coordinate and collect research 
data on air pollution . Section 41503.5 requires CARB to ensure that “every 
reasonable action is taken to achieve the state ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at the earliest practicable date.”   Section 41511 allows the State Board to require the owner or 
the operator of any air pollution emission source to take such action as the state board or the district may determine to be reasonable for the determination of the 
amount of such emission from such source.  
 
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 39602, 41504, 41511, and 41700 to the reference for this section 9454 8. Section 
39000 lays out the Legislature’s findings and declaration that Califo rnians have an 
interest in State environmental quality, and that quality is being degraded by pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution. Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB finds a district’s rules aren’t enough to achieve and maintain the State ambient air 
quality standards . Section 41700 prohibits the discharge of any air contaminant or 
other material causing injury, nuisance, or danger to the public.  
 
Rationale for Proposed Amendments t o Section 94548 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the 
authority for this section 9454 8 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who 
may then redelegate to a subordinate, which this regulation is implementing . CARB 
proposes to add Health and Safety Code sections 39607 and 39701 to the authority for this regulatory provision because section 94548 requires the reporting  
IV-167 of VOCs in ACP  consumer products that can contribute to air pollution, 
implementing sections 39607 and 39701. Section 94548 also establishes  necessary 
requirements for the ACP program that will result in ozone reductions, 
implementing sections 41503.5 and 41511.  
 Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 
39602, 41504, 41511, and 41700 as references for this section 94548 , to reflect that 
these sections are also to be referenced when reading this section, as backgro und 
for understanding the regulation and its context, and to provide context for the 
need for the regulatory changes and CARB authority to make them.  
 Purpose for Proposed Amendments to Section 94549 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, 
39607, 39701, 41503.5, and 41511 to the authority for this section 94549 . Section 
39515 provides authority for CARB to appoint an executive officer, and to delegate statutory duties to the executive officer. Section 39516 provides that the executive 
officer can redelegate to a subordinate anything delegated to the executive officer . 
Section 39607 requires CARB to establish a program to secure data on air quality in each air basin, as well as to inventory sources of air pollution with the air basins and 
determine the kinds and amount of air pollution to the extent feasible. Section 
39701 requires CARB to coordinate and collect research data on air pollution. Section 41503.5 requires CARB to ensure that “every reasonable action is taken to achieve the state ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at the earliest practicable date.”  Section 
41511 allows the State Board to require the owner or the operator of any air pollution emission source to take such action as the state board or the district may 
determine to be reasonable for the determination of the amount of such emission 
from such source.  
 
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 
39602, 41504, 41511, and 41700 to the reference for this section 9454 9. Section 
39000 lays out the Legislature’s findings and declaration that Californians have an interest in State environmental quality, and that quality is being degraded by pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution. Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB finds a district’s rules aren’t enough to achieve and maintain the State ambient air 
quality standards . Section 41700 prohibits the discharge of any air contaminant or 
other material causing injury, nuisance, or danger to the public.  
  
IV-168 Rationale for Proposed Amendments to Section 9454 9 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the 
authority for this section 9454 9 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who 
may then redelegate to a subordinate, which this regulation is implement ing. CARB 
proposes to add Health and Safety Code sections 39607 and 39701 to the 
authority for this regulatory provision because section 94549 requires the reporting 
of VOCs in ACP consumer products that can contribute to air pollution, 
implementing sectio ns 39607 and 39701. Section 94549 also establishes  necessary 
requirements for the ACP program that will result in ozone reductions, implementing sections 41503.5 and 41511.  
 Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 
39602, 41504, 41511, and 41700 as references for this section 94549 , to reflect that 
these sections are also to be referenced when reading this section, as background 
for understanding the regulation and its context, and to provide context for the need for the regulatory changes and CARB authority to make them.  
 
Purpose for Proposed Amendments to Section 94550 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, 39607, 39701, 41503.5, and 41511 to the authority for this section 94550. Section 
39515 provides authority for CARB to appoint an executive officer, and to delegate statutory duties to the executive officer. Section 39516 provides that the executive 
officer can redelegate to a subordinate anything delegated  to the executive officer. 
Section 39607 requires CARB to establish a program to secure data on air quality in each air basin, as well as to inventory sources of air pollution with the air basins and 
determine the kinds and amount of air pollution to the extent feasible. Section 
39701 requires CARB to coordinate and collect research data on air pollution. 
Section 41503.5 requires CARB to ensure that “every reasonable action is taken to achieve the state ambient air quality standards for ozone, carbon monoxi de, 
nitrogen dioxide, and sulfur dioxide at the earliest practicable date.”  Section 
41511 allows the State Board to require the owner or the operator of any air pollution emission source to take such action as the state board or the district may determine  to be reasonable for the determination of the amount of such emission 
from such source.  
 
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 
39602, 41504, 41511, and 41700 to the reference for this section 94550. Section 
39000 lays out the Legislature’s findings and declaration that Californians have an interest in State environmental quality, and that quality is being degraded by pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution. Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act .  
IV-169 Section 41504 allows CARB to establish regulations it deems necessary to enable a 
district to achieve and maintain State ambient air quality standards where CARB 
finds a district’s rules aren’t enough to achieve and maintain the State ambient air 
quality standards . Section 41700 prohibits the discharge of any air contaminant or 
other material causing injury, nuisance, o r danger to the public.  
Rationale for Proposed Amendments to Section 94550 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the 
authority for this section 945 50 to reflect CARB’s specific authority to adopt a  
regulation that delegates its legal powers and duties to the executive officer, who may then redelegate to a subordinate, which this regulation is implementing . CARB 
proposes to add Health and Safety Code sections 39607 and 39701 to the 
authority for this  regulatory provision because section 945 50 requires the reporting 
of VOCs in ACP consumer products that can contribute to air pollution, 
implementing sections 39607 and 39701. Section 945 50 also establishes  necessary 
requirements for the ACP program that will result in ozone reductions, implementing sections 41503.5 and 41511.  
 Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 39602, 41504, 41511, and 41700 as references for this section 945 50, to reflect that 
these sections are also to be referenced when reading this section, as background for understanding the regulation and its context, and to provide context for the 
need for the regulatory changes and CARB authority to make them.  
 
Purpose for Proposed Amendments to Section 945 51 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, and 41503.5 to the authority for this section 94551. Section 39515 provides authority 
for CARB to appoint an executive officer, and to delegate statuto ry duties to the 
executive officer . Section 39516 provides that the executive officer can redelegate 
to a subordinate anything delegated to the executive officer . Section 41503.5 
requires CARB to ensure that “every reasonable action is taken to achieve the state 
ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at the earliest practicable date.”  
 
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 
39602, 41504,  41700 , and 42404.5 to the reference for this section 945 51. Section 
39000 lays out the Legislature’s findings and declaration that Californians have an interest in State environmental quality, and that quality is being degraded by pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution. Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB finds a district’s rules aren’t enough to achieve and maintain the State ambient air  
IV-170 quality standards . Section 41700 prohibits the discharge of any air contami nant or 
other material causing injury, nuisance, or danger to the public.   
 
Rationale for Proposed Amendments to Section 945 51 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section 9 4551 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who may then redelegate to a subordinate, which this regulation is implementing . These 
Proposed Amendments to section 94551  also establish necessary requirements for 
the ACP program that will result in ozone reductions, implementing sections 41503.5.  
 Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 
39602, 41504, and 41700 as references for this section 94551 , to reflect that these 
sections are also to be referenced when reading this section, as background for 
understanding the regulation and its context, and to provide context for the need for the regulatory changes and CARB authority to make them.  
Purpose for Proposed Amendments to Section 94552 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515 and 39516 
to the authority for this section 94552. Section 39515 provides authority for CARB 
to appoint an executive officer, and to delegate statutory duties to the executive officer . Section 39516 provides that the executive officer can redelegate to a 
subordinate anything delegated to the executive officer.  
 
Rationale for Proposed Amendments to Section 945 52 Author ity and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section 945 52 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who may then redelegate to a subordinate, which this regulation is implementing.  
 
Purpose for Proposed Amendments to Section 94553(d)  
 
CARB staff is proposing to delete section 94553(d), whic h states that  “The 
provisions of this article notwithstanding, the requirements of the Bay Area Air Quality Management District Rule 8 -49 shall remain in effect for all aerosol coating 
products sold, supplied, offered for sale, applied, or manufactured for use in the Bay Area Air Quality Management District (as defined in section 40200 of the Health and Safety Code).”  
 
Purpose for Proposed Amendments to Section 94553(d)  
 
As described above, all provisions specific to aerosol coatings in the ACP 
Regulation are no longer applicable. Therefore, this provision  is no longer needed . 
Deleting this language will update and streamline the regulation.   
IV-171  
Purpose for Proposed Amendments to Section 94553 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515, 39516, and 
41503.5 to the authority fo r this section 945 53. Section 39515 provides authority 
for CARB to appoint an executive officer, and to delegate statutory duties to the 
executive officer . Section 39516 provides that the executive officer can redelegate 
to a subordinate anything delegated  to the executive officer. Section 41503.5 
requires CARB to ensure that “every reasonable action is taken to achieve the state 
ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and 
sulfur dioxide at the earliest practicable date.”   
 CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 39602, 41504, and 41700 to the reference for this section 945 53. Section 39000 
lays out the Legislature’s findings and declaration that Californians have an interest in State environmental quality, and that quality is being degraded by pollution, adversely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution. Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementatio n Plan required by the federal Clean Air Act . 
Section 41504 allows CARB to establish regulations it deems necessary to enable a 
district to achieve and maintain State ambient air quality standards where CARB 
finds a district’s rules aren’t enough to achieve and maintain the State ambient air quality standards . Section 41700 prohibits the discharge of any air contaminant or 
other material causing injury, nuisance, or danger to the public.  
 
Rationale for Proposed Amendments to Section 945 53 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section 945 53 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who may then  redelegate to a subordinate, which this regulation is implementing . 
Section 94553  also establish es necessary requirements for the ACP program that 
will result in ozone reductions, implementing sections 41503.5.  
 Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 39602, 41504, and 41700 as references for this section 94553 , to reflect that these 
sections are also to be referenced when reading this section, as background for understanding the regulation and its context, and to provide context for the need for the regulatory changes and CARB authority to make them.  
 
Purpose for Proposed Amendments to Section 94554 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515 and 39516 
to the authority f or this section 94554. Section 39515 provides authority for CARB 
to appoint an executive officer, and to delegate statutory duties to the executive  
IV-172 officer . Section 39516 provides that the executive officer can redelegate to a 
subordinate anything delegated to the executive officer.  
 
Rationale for Proposed Amendments to Section 94554 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the authority for this section 94554 to reflect CARB’s specific authority to ad opt a 
regulation that delegates its legal powers and duties to the executive officer, who 
may then redelegate to a subordinate, which this regulation is implementing.  
 
Purpose for Proposed Amendments to Section 94555 Authority and Reference  
 
CARB staff is proposing to add Health and Safety Code sections 39515 and 39516 
to the authority for this section 94555. Section 39515 provides authority for CARB 
to appoint an executive officer, and to delegate statutory duties to the executive officer . Section 39516 pr ovides that the executive officer can redelegate to a 
subordinate anything delegated to the executive officer.  
 
Rationale for Proposed Amendments to Section 94555 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the 
authority for this section 94555 to reflect CARB’s specific authority to adopt a regulation that delegates its legal powers and duties to the executive officer, who may then redelegate to a subordinate, which this regulation is implementing.  
E. Tables of MIR Values  
Purpose for Proposed Amendments to Section 94700  
Staff is proposing to add the three following reactive organic compounds  to the 
Tables of Maximum Incremental Reactivity Values, MIR Values for Compounds: “Diethyl Carbonate,”  “1-Chloro- 3,3,3 -trifluoropropene ; HFO -1233zd ,” and  “Alkane 
Mixed - Minimally 90% C13 and higher carbon number .”  Adding them to the table 
will allow them to  be used in aerosol coating products under  section 94522, and in 
“Multi -purpose Lubricant” products qualified for an alternate compliance option 
under  section 94509.  
Rationale for Proposed Amendments to Section 94700  
The proposed addition would provide manufacturers additional flexibility to 
formulate aerosol coating and “Multi -purpose Lubricant” products . The three 
reactive organic compounds proposed for addition have relatively low MIR values 
as compared to the default value , which is what manufactures must use because 
these compounds are not listed in the MIR Table. This change is necessary to allow 
for use of a greater number of low reactive ingredients in formulating these and other potential products . Ingredients without a specific MIR value are given a high 
default MIR value . Providing MIR values for these th ree compounds, which have 
extremely low MIR values, may encourage their use in more products (since they  
IV-173 will be assigned lower MIRs, which makes them more appealing when attempting 
to comply with a reactivity limit) , resulting in products which produce less ozone.  
Purpose for Proposed Amendments to Section 94 700 Footnote  
CARB staff is proposing to add a new footnote to indi cate the  date when these 
three new ROCs were added to the Tables of MIR Values and the  effective date 
they may be used.   
Rationale for Proposed Amendments to Section 94700 Footnote  
This new footnote would allow to easily identify the three added ROCs  and specify 
[date of amendment] as the effective day after which  using  the MIR Value for the 
new ROC shall  be used to calculate the PWMIR for aerosol coating products.  
Purpose for Proposed Amendments to Section 94700 Authority and Reference  
 CARB staff is proposing to add Health and Safety Code sections 39515, 39516, 41503.5, and 41511 to the authority for this section 94700. Section 39515 provides 
authority for CARB to appoint an executive office r, and to delegate statutory duties 
to the executive officer. Section 39516 provides that the executive officer can 
redelegate to a subordinate anything delegated to the executive officer . Section 
41503.5 requires CARB to ensure that “every reasonable action is taken to achieve the state ambient air quality standards for ozone, carbon monoxide, nitrogen 
dioxide, and sulfur dioxide at the earliest practicable d ate.”   Section 41511 allows 
the State Board to require the owner or the operator of any air polluti on emission 
source to take such action as the state board or the district may determine to be 
reasonable for the determination of the amount of such emission from such source.  
 
CARB staff is proposing to add Health and Safety Code sections 39000, 39003, 
39602, 41504, 41511, and 41700 to the reference for this section 94700 . Section 
39000 lays out the Legislature’s findings and declaration that Californians have an interest in State environmental quality, and that quality is being degraded by pollution, adve rsely impacting the health, safety, welfare and sense of well -being of 
Californians . Section 39003 provides that CARB is charged with, among other 
things, coordinating efforts to attain and maintain ambient air quality standard, and researching the causes of and solutions to air pollution . Section 39602 designates 
CARB as the air pollution control agency for all purposes of federal law, including for preparing the State Implementation Plan required by the federal Clean Air Act.  
Section 41504 allows CARB to establish regulations it deems necessary to enable a district to achieve and maintain State ambient air quality standards where CARB finds a district’s rules aren’t enough to achieve and maintain the State ambient air quality standards . Section 41700 prohi bits the discharge of any air contaminant or 
other material causing injury, nuisance, or danger to the public.  
 
Rationale for Proposed Amendments to Section 94 700 Authority and Reference  
 
CARB proposes to add Health and Safety Code sections 39515 and 39516 to the 
authority for this section 94 700 to reflect CARB’s specific authority to adopt a 
regulation that delegates its legal powers and duties to the executive officer, who  
IV-174 may then redelegate to a subordinate, which this regulation is implementing. 
Sectio n 94700 also establishes necessary requirements for the Consumer Products  
program that will result in ozone reductions, implementing sections 41503.5.  
 Further, CARB proposes to add Health and Safety Code sections 39000, 39003, 39602, 41504, 41511, and 41700 as references for this section 94 700, to reflect that 
these sections are also to be referenced when reading this section, as background 
for understanding the regulation and its context, and to provide context for the 
need for the regulatory changes and  CARB authority to make them.  
F. Method 310 Summary  
Method 310 sets forth procedures to be followed to determine compliance with the VOC content standards for various consumer products and the reactive organic 
compound (ROC) content as it relates to the product- weighted maximum 
incremental reactivity (PWMIR) limits for aerosol coating products under the 
Consumer Products program. This section contains a summary of the proposed 
amendments to Method 310 and the rationale for the proposed modifications.  
Purpose of General Amendment to Method 310  
Staff proposes minor non -substantive word modifications to various subsections of 
Method 310, such as rearranging sentence structure without changing its content and replacing certain words with synonyms, such as replacing  “will” with “may” or 
“can.”  Staff also proposes to delete language that is no longer necessary , and to 
make grammatical and typographical changes for consistency. Finally, staff 
proposes to renumber certain sections due to text deletions and insertions. For 
example, proposed deletion of sections 1.2 and 1.3 would result in renumbering section 1.4 to section 1.2.  
Rationale of General Amendment to Method 310  
Method 310 sets forth the analytical procedures and processes used to determine the VOC and ROC cont ent of consumer products. To make those procedures and 
their applications clearer, staff made grammatical and typographical changes throughout Method 310. Also, renumbering  as needed to add or delete certain 
language is to improve the flow and organization of Method 310.  
Purpose for Proposed Amendments to Section 1.1  
Staff is proposing to clarify that Method 310 refers to CARB Method 310 by replacing “this method” with “CARB Method 310” in section 1.1.  
Staff is proposing to remove the phrase “the percent by  weight of” in section 1.1 
and add the phrase “each of the following” to introduce the list of things Method  310 is used to determine. 
Staff is also proposing to incorporate previously -enumerated sections 1.2 and 1.3 
as subsections into section 1.1. As a c onsequence, the existing section 1.4 would 
become new section 1.2, and the existing section 1.5 would become section 1.3.  
IV-175 More detail on this is given below.  
Staff is proposing to modify and reorganize the following subsections of section 1.1 
to revise specific terms and references to the California Consumer Products 
Regulations:  
• In subsection 1.1(1), staff is proposing to streamline the regulatory reference 
to include only the title, code, and section number and add the specific 
applicable Article and sec tion numbers.  
• In subsection 1.1(2), staff is proposing to remove the phrase “low vapor 
pressure volatile organic compounds” and leave the shorthand, “LVP -VOC.”  
Staff is also proposing to remove the reference to subsection (a) of section 
94508.  
• Staff is pr oposing to add a new subsection 1.1(3) to specify that Method 310 
applies to the determination of volatile components of a product that do not 
meet the definition of a volatile organic compound, and to compounds that 
are exempted under listed sections of t he California Consumer Products 
Regulations. This subsection partially replaces the previous section 1.3, 
which is discussed in the purpose and rationale for the proposed changes to subsection 1.3. Section 1.1 lists what Method 310 applies to . Therefore, 
parts of previous section 1.3 should be incorporated under section 1.1 rather 
than as a stand -alone section.  
• Staff is proposing to add a new subsection 1.1(4) to specify that Method 310 applies to the determination of specific components that are prohibited  
under sections 94509 and 94522 of the California Consumer Products Regulations. This subsection partially replaces the previous section 1.3, 
which is discussed in the purpose and rationale for the proposed changes to subsection 1.3. Section 1.1 lists what  Method 310 applies to . Therefore, 
parts of previous section 1.3 should be incorporated under section 1.1 rather than as a stand -alone section.  
• Staff is also proposing to add a new subsection 1.1(5) to specify that Method 310 applies to the determination o f reactive organic compound content 
under sections 94509 and 94520- 94528 of California Consumer Products 
Regulations, for the purposes of calculating PWMIR only . This subsection 
partially replaces the previous section 1.3, which is discussed in the purpose and rationale for the proposed changes to section 1.3. Section 1.1 lists what 
Method 310 applies to . Therefore, previous section 1.2 and parts of 1.3 
should be incorporated under section 1.1 rather than as a stand -alone 
section.  
Rationale for Proposed Ame ndments to Section 1.1  
Replacing “this method” with “CARB Method 310” in section 1.1 will make it unambiguous that Method 310 is developed by the California Air Resources Board (CARB), and will clarify that the “Method 310” shorthand in the parentheses ref ers 
to the entire method document.   
IV-176 The California Cons umer Products Regulations (section 94509) sets VOC standards 
in percent by weight . However, the VOC standard for “Fabric Softener -  Single Use 
Dryer Product” is in grams of VOC per sheet. The proposed removal of “the 
percent by weight” clarifies that the V OC content of “Fabric Softener -  Single Use 
Dryer Product” and other potential product categories will be reported in a 
different format than in the format of percent by weight, which will expand the 
flexibility that the EO has to report data, per the Cons umer Products Program 
regulations.  
Staff is proposing to reorganize subsection 1.1 to clearly outline the applicability of 
CARB Method 310 in the form of a list, making it more easily readable up front what this Method 310 applies to, and to easily refere nce each point of that list to 
specific sections of the California Consumer Products Regulations. These proposed 
modifications will make it easier for regulated entities to understand how Method 
310 applies to them.  
In subsection 1.1(2), staff is proposing  to remove the phrase “low vapor pressure 
volatile organic compound” and leave in the  LVP-VOC acronym to be consistent 
with the definition of LVP -VOC as stated in the California Consumer Products 
Regulations. This revision makes it easier for stakeholders to understand , because 
the same terms are used  consistently throughout . 
Purpose for Proposed Amendments to Sections 1.2 and 1.3  
Staff is proposing to delete sections 1.2 and 1.3, which will cause renumbering of 
sections 1.4 and 1.5 to 1.2 and 1.3, respecti vely. 
Rationale  for Proposed Amendments to Sections 1.2 and 1.3  
Staff is proposing these amendments because the renumbering will allow the paragraphs to continue in numerological order, making the document easier to read.  
Purpose for Proposed Amendments to Section 1.5  
Staff is proposing to modify section 1.5 to delete the definition of “Executive 
Officer” and add three new definitions: of chemical “compound,” chemical 
“mixture,” and “content.”  Each definition is proposed to reside in its own subsection: chemical “compound” in subsection 1.3.1, chemical “mixture” in 
subsection 1.3.2, and “content” in subsection 1.3.3. The term chemical 
“compound” is proposed to be defined as “a molecule of definite chemical formula 
and isomeric structure.”  The term chemical  “mixture” is proposed to be defined as 
“a substance comprised of two or more chemical compounds.”  The term 
“content” is proposed to be defined as “the weight of a compound or a mixture in a product expressed as a percentage of the product weight (exclusi ve of the 
container or packaging).”   
IV-177 Rationale for Proposed Amendments to Section 1.5  
Terms such as “content,” “compound,” “material,” and “mixture” occur 
throughout the text of Method 310 without being defined . Staff is proposing to 
replace those terms with three defined terms, “compound,” “mixture,” and “content,” and to refer to them as applicable in Method 310. All three definitions 
are based on terms that already appear in the California Consumer Products 
Regulations. The terms chemical “compound” an d chemical “mixture” are defined 
within the definition of “LVP -VOC,” and the term “content” is a modified definition 
of “VOC content” in which “VOC” is replaced with “a compound or a mixture.”  
This amendment is necessary because it will  clarify and harmon ize the use of 
scientifically accepted descriptor terminology throughout Method 310, making it 
easier for regulated entities to understand and comply with it, and easier for CARB 
to implement it. For consistency and clarity for the regulated entities, all three 
terms will be used throughout Method 310, will have the meanings given here, and 
will replace words with similar meanings but which are not defined.  
Method 310 is part of the Consumer Products Regulations, so all of the definitions in the Consumer P roducts Regulations apply to Method 310 terms . The definition 
of “Executive Officer” already appears in the California Consumer Products Regulations and does not have to be repeated in Method 310.  
Purpose for Proposed Amendments to Section 2, References  
Staff is proposing to revise the title of section 2 from Reference Methods to References .  
Rationale for Proposed Amendments to Section 2, References  
The new section title will better reflect its purpose because, in addition to reference methods, this section will include other references. Reference methods 
include all of the resources necessary to conduct analyses,  and are the basis for the 
analytical process of Method 310.  
Purpose for Proposed Amendments to Section 2.1  
Staff is proposing to create ne w section 2.1 with a list of the Reference Methods in 
alpha -numerical order. Each reference will have its own separate paragraph 
number.  
Staff is also proposing to:  
• add the following reference methods: NIOSH 1300, NIOSH 1401, NIOSH 1402, and NIOSH 1403;   
• update the version date of the following reference method citations: ASTM 
D5443 , ASTM D5580 , and ASTM D5381, and   
• remove the following reference methods: ASTM D3710 – 95(2004), U .S. EPA 
Method 602, U .S. EPA 8015B and U .S. EPA 8020A.   
IV-178 Rationale for Proposed Amendments to Section 2.1  
Currently, Method 310 references 40 methods that span several pages. Reference 
methods have been added during various prior amendments to Method 310, but 
without any clear order, making it difficult for regulated entities  to read and find 
specific methods . This new amendment is proposed because this reorganization 
will allow for an orderly way of finding each reference method, making it easier for 
regulated entities to use Method 310. Any references that are not mentioned as 
new, added, or updated,  (as underline would imply) but simply appear that  way 
because of the restructure, have been incorporated in previous amendments to 
Method 310. Thus, these references do not require to be re -incorporated . 
CARB proposes to add Test  method  NIOSH 1300 as a new reference method for 
ketone analysis, which is necessary to include additional compounds that may need 
to be analyzed and was not previously included in Method 310. To date, Method 
310 has listed only NIOSH 1400, implying an all- inclusive series, when in fact these 
are four separate reference methods. Thus, the proposal to add NIOSH 1401, 
NIOSH 1402, and NIOSH 1403, in addition to NIOSH 1400, would make it clear 
that all four separate reference methods apply.  
Updating the date s of reference method citations for ASTM D5443 and ASTM 
D5580 to make it clear which versions of these methods apply under Method 310 will make Method 310 consistent with the completion of Monitoring and Laboratory Division’s (MLD’s) method development and  the United States 
Environmental Protection Agency’s recommendation to update test methods to the 
most recent revised editions . Updating reference methods to current versions will 
clarify which versions of the methods can be used by stakeholders to conduct the 
analysis  under Method 310 . 
Updating the date of reference method citation for ASTM D 5381 to make it clear 
which versions of these methods apply under Method 310 will be consistent with 
the U.S. EPA recommendation to update test methods to the most re cent version 
as applicable.  
With the completion of MLD’s method development for reactivity- based analysis of 
aerosol coatings, the following reference methods: ASTM D3710 – 95(2004), U .S. 
EPA Method 602, U .S. EPA 8015B, and U .S. EPA 8020A will no longer be  utilized 
per Method 310 analysis. Removing these reference methods will clarify that these 
methods will not be used for any CARB analysis.  
Giving each reference its own separate paragraph number will make it easier to 
refer to them, and easier for regula ted entities to find them when using 
Method  310.  
IV-179 Purpose for Proposed Amendments to Footnote 1  
Staff is proposing to relocate Footnote 1 from section 3.3 to section 3. This 
footnote states that alternative testing methods for determining VOC may be used , 
and refers the reader to Section 8 of Method 310.  
Rationale for Proposed Amendments to Footnote 1  
This change is proposed because the alternative reference methods included in 
Footnote 1 apply to the entire section 3, not just to section 3.3, so it more p roperly 
belongs early enough that it’s clear it covers the whole section 3.  
Purpose for Proposed Amendments to Section 3.1  
Staff is proposing to delete the phrase “Testing begins when” from the first sentence and add the phrase “After selection of the product” to the beginning of 
the second sentence . Further, staff is proposing to clarify that the Executive Officer 
has discretion to choose a product for Method 310 testing by adding “may” to the 
first sentence.  
Staff is proposing to add “under” before “M ethod 310,” replace “will” with “shall” 
when referring to the chain of custody, and add that the chain of custody is for the 
product selected . Staff is also proposing to clarify that the Executive Officer will 
ensure that this product is kept in a secure l ocation.  
Rationale for Proposed Amendments to Sections 3.1  
These proposed changes will better reflect initial steps taken by the Executive Officer at the onset of product testing under Method 310. The Executive Officer 
has discretion to select a product, s o adding “may” makes that discretion clear. 
Replacing “by” with “under Method 310” is a grammatical correction to make it more clear that the analysis of the product is done using Method 310. Adding 
“after selection of a product” provides a better description of the steps taken by CARB, since the chain of custody can only begin after choosing a product . 
Changing “will” to “shall” and adding “for that product” in lieu of “sample” both 
make it more clear that the Executive Officer must maintain a chain of cus tody for 
the product selected for analysis under Method 310. Removing “selection and” 
makes it clear that the chain of custody begins after the product is selected, not 
during selection, which makes more sense, since chain of custody cannot start until a product has been chosen and purchased . Adding “including by ensuring that the 
product is kept in a secure location” clarifies that the chain of custody requires that 
only authorized staff have access to the product, to maintain the accuracy of the 
testing a nd legitimacy of the testing results.  
Purpose for Proposed Amendments to Section 3.2  
Staff is proposing to replace “is” with “shall” throughout the section and strike the 
phrase “for exempt or prohibited compounds by.”   
IV-180 Rationale for Proposed Amendments to Sections 3.2  
The proposed change will make clear that U .S. EPA Method 18 is used to analyze 
the propellant for any compounds and not only those that are exempt or 
prohibited.  
This better indicates that the U .S. EPA Method 18 analysis applies to all Article 1 
and Article 2 categories for VOC -based analysis. Further, replacing “is” with “shall” 
makes it more clear that the action is mandatory, rather than a description of what is done.  
Purpose for Proposed Amendments to Section 3.3  
Staff is proposing to modify section 3.3 and subsections 3.3.1 to 3.3.8 to describe 
Method 310’s process for non- aerosol or the non- propellant portion of an aerosol 
consumer products sample, as related to VOC content mass- based analysis . 
Staff is also proposing to:  
• In section 3.3:  
o replace “material” with “content;”  
o add “components that are” before exempt;  
o remove “or” from before “prohibited;”  
o add the phrase “or volatile but do not meet the definition of a VOC in 
the California Consumer Products Regulations”;  
• replace “is” with “shall” throughout section 3.3;  
• add the phrases: “as applicable,” “one or more of the following;” and “using either” throughout section 3.3;  
• In subsection 3.3.1, remove “gravimetric analysis of samples to determine 
the weight percent of total volatile material” and replace it with “Total 
volatile content determination, using one or more of the following;”  
• add the following reference methods to subsection 3.3.4: NIOSH 1300, 
NIOSH 1401, NIOSH 1402, and NIOSH 1403;  
• add the following reference methods to subsection 3.3.5: NIOSH 1300, 
NIOSH 1401, NIOSH 1402, and NIOSH 1403;  
• add the following reference methods to subsection 3.3.7: NIOSH 1300, 
NIOSH 1401, NIOSH 1402, and NIOSH 1403;  
• add updated reference methods ASTM D5443 and ASTM D5580 in subsection 3.3.5;  
• specify this subsection’s applicability by adding “for products with low level VOC (<5%)” to subsection 3.3.7, and   
IV-181 • update the following reference method citations: ASTM D5443 and ASTM 
D5580 in Subsection 3.3.8; and  
• remove the following reference method citations from  subsection 3.3.8: 
ASTM D3710- 95, U .S. EPA Method 602, U .S. EPA SW- 846 Method 8020A, 
and U .S. EPA Modified Method 8015.  
Rationale for Proposed Amendments to Sections 3.3  
Staff is proposing to add the phrase “or volatile but do not meet the definition of a 
VOC in the Consumer Products Regulations” to explain that the initial testing 
encompasses all analytics required by the California Consumer Products 
Regulations. Method 310 as currently written leaves out an entire group of 
compounds that need to be identified – namely those that volatilize during the 
process , but do not meet the definition of a VOC . CARB is proposing to r eplac e 
“material” with “content” because it describes a quantitative determination, so i t is 
a better descriptor, so the term “content” will now be defined and used 
throughout Method  310 instead . 
Addition of phrases such as “as applicable,” “one or more of the following;” and “using either” clarifies that not all methods need to be employed t o test products 
for VOC content . Replacing “is” with “shall”  makes it more clear that the action is 
mandatory, rather than a description of what is done.  
As noted in the Rationale for Proposed Amendments to section 2.1, test method 
NIOSH 1300 is a new reference method added for ketone analysis. To date, 
Method 310 has listed only NIOSH 1400, implying an all -inclusive series, when in 
fact, these are four independent reference methods. Thus, adding NIOSH 1401, 
NIOSH 1402, and NIOSH 1403 throughout section 3.3 and its subsections would 
make this clear.  
CARB is proposing the changes to subsection 3.3.1, 3.3.2, and 3.3.3 because we 
are harmonizing the paragraph structure of all subsections of section 3.3.  
CARB is proposing the changes to subsection 3.3.4 beca use we are harmonizing 
the paragraph structure of all subsections of section 3.3. We are also adding 
methods NIOSH 1300, NIOSH 1401, NIOSH 1402, and NIOSH 1403 because they 
are applicable to alcohol and ketone content determination.  
Adding updated referenc e methods ASTM D5443 and ASTM D5580 to subsection 
3.3.5 will clarify that those methods can be used to test for content of exempt and prohibited content in products that undergo testing under Method 310 . Replacing 
“compounds” with content determination and  removing “analysis of” would 
harmonize the paragraph structure of section 3.3. We are also adding methods 
NIOSH 1300, NIOSH 1401, NIOSH 1402, and NIOSH 1403 because they are 
applicable to an exempt and prohibited content determination.  
CARB is proposing t he changes to subsection 3.3.6 because we are harmonizing 
the paragraph structure of section 3.3.   
IV-182 Specifying that low -level VOC indicates less than 5 percent (<5%) in subsection 
3.3.7 reflects a specific value in the California Consumer Products Regulations is to 
correct inconsistencies between Method 310 and the California Consumer Products 
Regulations. We are also adding methods NIOSH 1300, NIOSH 1401, NIOSH 1402, 
and NIOSH 1403 because they are allowed to be used to calculate VOC content.  
Updating the re ference method citations to ASTM D5443 and ASTM D5580 in 
subsection 3.3.8 makes this subsection consistent with the completion of MLD’s 
method development and the U.S. EPA recommendation to update test methods 
to the most recent revised editions . Methods A STM D3710- 95, U .S. EPA 
Method  602, U .S. EPA SW- 846 Method 8020A, and U .S. EPA Modified Method 
8015 are proposed to be removed because they are no longer applicable to  
hydrocarbon content determination , and so should no longer be in this subsection.  
Purpose for Proposed Amendments to Section 3.4  
Staff is proposed to change section 3.4 to make it clear that the Executive Officer 
has discretion to make a VOC content determination, if it applies to the specific product being tested, and that, if done, the VOC c ontent determination shall be 
done pursuant to sections 3.2 and 3.3.  
Staff is also proposing to replace “will” with “shall.”  
Staff is proposing to replace “formula” with “equation” in subsection 3.4.1. Also, in 
subsection 3.4.1, staff is proposing to add r eferences to replace the generic 
reference to “CARB regulations” with references to specific sections of the California Consumer Products Regulations that specify the VOC standards for consumer products that are regulated by CARB.  
In subsection 3.4.2 staff  is proposing to make the following changes:  
• replace “will” with “may;”  
• add a timeline of 25 working days from an Executive Officer request for a 
responsible party to supply product formulation data when the product does 
not meet the applicable VOC standar ds; 
• clarify how the Executive Officer shall treat confidential information and 
streamline references to CARB’s confidentiality regulations, including by 
deleting “CCR, Division 3, Chapter 1, Subchapter 4 (Disclosure of Public Records);” and  
• add the sentence “Failure to respond to an Executive Officer request for this information is a violation.”  
In subsection 3.4.3, staff is proposing to replace “If the information supplied by the 
responsible party shows that the product does not meet the applicable VOC 
standards, then the Executive Officer will take appropriate enforcement action” 
with “If the Executive Officer determines, based on testing, information they may 
receive from the responsible party, and any other applicable evidence, that the  
IV-183 product do es not comply with the applicable VOC standard, the Executive Officer 
may take appropriate enforcement action.”  
Staff is proposing to delete subsection  3.4.4.  
Rationale for Proposed Amendments to Sections 3.4  
Adding “if” clarifies that not all testing will require CARB to make a VOC 
determination, depending upon the product being tested and what CARB is 
testing for . The rest of the proposed changes to the first paragraph of section 3.4 
makes it grammatically work with the addition of “if,” and makes it more  clear that 
CARB will use sections 3.2 and 3.3 to make a VOC content determination. 
Replacing “will” with “shall” makes it more clear that this it is mandatory.  
Replacing “formula” with “equation” in subsection 3.4.1 is necessary because it would correctly reflect that the VOC content is calculated using mathematical 
equations that manipulate various parameters to arrive at a VOC content of the 
analyzed product.  
According to the California Consumer Products Regulations, categories of consumer products that are regulated by CARB are required to remain below or meet the percent VOC by weight standards . Those standards are in sections 94502 
and 94509 of the California Consumer Products Regulations (title 17 of the California Code of Regulations) . Staff is propo sing to reference those specific 
sections in subsection 3.4.1 of Method 310 to explicitly state that when an Executive Officer determines whether a product meets the applicable VOC standards, the Executive Officer refers to VOC standards presented in the 
abovementioned sections. Replacing a generic reference to CARB regulations with 
the specific sections will make it easier for a regulated entity reading Method 310 
to know what to reference and more clear what standards they are being held to under Method 310, too.  
According to the California Consumers Products Regulations, the Executive Officer 
may request a responsible party to submit formulation data within 25 working days 
and CARB is required to handle the formulation data as confidential as allowed 
under law . Failure to submit the requested formulation data is a violation. Staff is 
proposing to add that information to subsection 3.4.2 of Method 310 to remain 
consistent with the California Consumer Products Regulations, so that all the 
information is in h ere, too, instead of making the reader go back and forth, and so 
that the specific requirements, as well as the fact that it’s a violation not to provide 
the requested data on time, are clear to regulated entities.  
Staff is proposing to delete the phrase “ CCR, Division 3, Chapter 1, Subchapter 4 
(Disclosure of Public Records)” from subsection 3.4.2 because it is unnecessary 
language . Deleting is helps streamline the reference to the pieces that a reader 
needs, just the title, CCR, and section number, which makes it easier for a 
layperson to read and find the reference. Deleting the reference to the 
“confidentiality procedures” removes unnecessary language, to help make it more 
clear and thus easier to read and understand this section.   
IV-184 Staff is proposing to modify subsection 3.4.3 to reflect that CARB can determine 
that a consumer product has violated VOC standards based not only on 
information provided by the responsible party, but also based on testing and any 
other applicable evidence . This change brings Method 310 up to date with how 
CARB actually conducts enforcement, based on all available information.  
Staff is proposing to strike subsection 3.4.4 because the clarifications made to subsection 3.4.3 make this subsection redundant and no longer needed.  
Purpose for Proposed Amendments to Section 3.5  
Staff is proposing to add the phrases “or boiling point, or both are” and “which are incorporated by reference herein” to subsection 3.5.1. Staff is also proposing to 
delete the list of ASTM references from subsection 3.5.1.  
Staff is proposing to add subsections 3.5.1.1 and 3.5.1.2 to specify what reference 
methods could be used to determine the vapor pressure and, separately, which 
reference methods could be used to determine the boiling point.  
Staff is also proposing to add reference method ASTM D1782- 08 to subsection 
3.5.1.1.  
Finally, staff is proposing to replace the first “will” with “may” and the later “will” with “shall” in subsection 3.5.2.  
Rationale for Proposed Amendments to Sections 3.5  
Section 3.5 appears verbatim in the California Consumer Products Regulations. The 
phrases “and/or boiling point are” and “which are incorporated by reference herein” are included in the California Consumer Products Regulations, but were inadvertently omitted from Method  310. Thus, these proposed amendments will 
harmonize the California Consumer Products Regulations with Method 310, as originally intended.  
Staff is proposing and move  all of the ASTM references from  subsection 3.5.1  to 
subsections  3.5.1.1 and 3.5.1.2, beca use we are proposing to split the sections and 
they more clearly belong in the subsections . 
Adding subsections 3.5.1.1 and 3.5.1.2 would point out explicitly what reference methods apply to which criterion of this exemption, making it easier for regulated entities to know which specific methods apply to which determination, making it easier to comply.  
Reference method ASTM D1782- 08 was always listed in section 2 but now would 
be placed in subsection 3.5.1.1, as another alternative, where it can be used to determine vapor pressure, so that all methods related to vapor pressure are in 
3.5.1.1  
   
IV-185 Replacing “will” with “may” in the first sentence of subsection 3.5.2 clarifies that 
the Executive Officer has discretion to test a sample of LVP -VOC and is not 
require d to do so. Replacing “will” will “shall” in the final sentence of subsection 
3.5.2 makes it more clear that this is mandatory and not just a description of what is done.  
Purpose for Proposed Amendments to Section 3.6  
Staff is proposing to add that the Executive Officer may use their scientific 
judgment to perform additional analyses if the product’s VOC compliance is not 
resolved under sections 3.4 and 3.5.  
Staff is also proposing to delete subsection  3.6.1 and renumber the rest of the 
subsections accordingly.  
Finally, staff is proposing to replace “will request” with “may ask” and add 
“additional” in front of “information to explain the discrepancy” in subsection 
3.6.2, renumbered as 3.6.1.  
Rationale for Proposed Amendments to Sections 3.6  
The proposed changes to section 3.6.1 will clarify that the criteria to be used to determine whether further analyses and testing are required is the Executive Officer’s scientific judgment, which reflects what CARB actually does and is 
generally accepted as a basis for requiring additional information. Replacing “will” 
with “may” clarifies that the Executive Officer has the option to conduct further 
analyses and testing, but that it is not required and will not autom atically happen.  
Section 3.6.1 is proposed to be removed because it is misleading and unneeded . 
CARB may take enforcement action on many bases, and has enforcement 
discretion to do so, and this subsection as written may give the false impression 
that if th is one basis is resolved, no enforcement action will be taken at all.  
Because section 3.6.1 is proposed to be removed, existing section 3.6.2 will become section 3.6.1, and existing section 3.6.3 will become section 3.6.2, to keep them in numerical order.  
Replacing “will request” with “may ask” clarifies that the Executive Officer has discretion to request such information, but need not . Adding “additional” in front 
of “information to explain the discrepancy” in renumbered subsection 3.6.1 clarifies that t his information is additional to other information CARB can request of 
the responsible party under the regulations and Method 310, and that CARB can use other information it has to explain the discrepancy, too.  
   
IV-186 Purpose for Proposed Amendments to Section 4 
Staff is proposing to strike the introductory paragraph and Footnote 2.  
Staff is also proposing to subdivide section 4 into two parts: Section 4.1 – Article 1. 
Antiperspirants and Deodorants, and Section 4.2 – Article 2. Consumer Products.  
Rationale for  Proposed Amendments to Section 4  
The introductory paragraph is removed because it is no longer applicable as 
written ; some of this language is being added to new subsection 4.1, where it is 
now more appropriate . 
Footnote 2 is removed because it does not apply to this section  anymore . 
Subdividing section 4 into two parts is necessary because it would clearly separate equations used to determine the VOC content of products that are categorized either as Article 1 or Article 2 products . Article 1 and Article  2 products undergo 
the same type of testing, but their VOC is calculated differently using equations that are specific for each category.  
Purpose for Proposed Amendments to Section 4.1  
Staff is proposing to add a new section containing all the equations used for 
calculating the Medium Volatility Organic Compound (MVOC) and High Volatility Organic Compound (HVOC) for Article 1 samples , as those equations were not 
included in previous versions of Method 310.  
Rationale for Proposed Amendments to Sections 4.1  
The previous revision of Method 310 did not adequately explain how to calculate the MVOC and HVOC of Article 1 products . This new section will rectify that 
problem and will contain, in separate subsections, all equations used to calculate MVOC and HVOC for Article 1 samples, for both aerosols and non -aerosol 
products, making it more clear for regulated entities and thus easier for them to comply. Increased compliance will ensure that CARB continues to get the intended 
emission reductions from the Consumer Products Regulations.  
Purpose for Proposed Amendments to Section 4.2  
Staff is proposing to move the existing language and equations of section 4 to the new section 4.2 .  
Staff is also proposing to add the correct placement of parentheses and brackets in each equation.  
   
IV-187 Staff is proposing to add the phrase “consumer products with VOC embedded 
within a delivery substrate” in subsection 4.2.3 per the inclusion of the dryer sheet 
category and potential future categories of consumer products, such as potpourri 
and scented candles. The VOC standards for these categories are calculated as 
grams of VOC per use.  
In subsection 4.2.5, staff is proposing to add “<” in front of 5% to reflects a specific 
value stated in the California Consumer Products Regulations . Staff is also 
proposing to replace “non- exempted VOCs” with “VOC.”  
Rationale for Proposed Amendments to Sections 4.2  
The new section 4.2 is added because it would make clear that this part of Method 
310 only applies to Article 2 samples and would contain all correctly formatted equations used to calculate VOC content of Article 2 samples, making it more clear 
for regulated entities and thus easier for them to comply and CARB to get the 
intended emission reductions from the Consumer Products Regulations. Sectio n 4.2 
is broken out as  proposed to cover aerosol products, non -aerosol products, 
consumer products with VOCs embedded within a delivery substrate, multi -
purpose solvent and paint thinners sold in the South Coast Air Quality 
Management District, and consume r products subject to low VOC limits.  
The California Consumer Products Regulation sets forth VOC standards in the format of “percent by weight.”  The VOC standard for “Fabric Softener -  Single 
Use Dryer Product” is in the format of “grams of VOC per sheet. ”  The proposed 
modification of subsection 4.2.3 would clarify that the VOC content of “Fabric 
Softener - Single Use Dryer Product” and other potential product categories would 
be reported in a different format than in the format of “percent by weight.”  F or 
those categories, VOC would be calculated as grams of VOC per use, to be 
consistent with the Consumer Products Regulations weights.  
The addition of “<” in front of 5% is necessary because “<5%” is explicitly stated in 
the California Consumer Products Regulations, and now it will appear in Method 
310, making both documents consistent with one another.  The entire section was 
re-written to reflect a brand new process following MLD’s method development . 
Up until now, Method 310 only described a process that verified formulation data. This is  proposed to be  replaced with an analytical process similar to section 3.  
Purpose for Proposed Amendments to Section 5  
Staff is proposing to revise the entire section 5 to provide a uniform description of ROC determination  under Method 310.  
Also, staff is proposing to relocate Footnote 2 to the beginning of section 5 
following the introduction in subsection 5.1.   
IV-188 Rationale for Proposed Amendments to Section 5  
Staff is proposing to include non- substantive changes to section 5 to make the 
language of this section parallel in structure to section 3. This amendment is 
proposed because it will make Method 310 easier to navigate and use.  
The relocation of Footnote 2 is proposed because the alternative reference 
methods included in Footnote 2 apply to the entire section 5. This footnote was 
formerly Footnote 3 but becomes Footnote 2 because the preceding footnote was 
removed.  
Purpose for Proposed Amendments to Section 5.1  
Staff is proposing to strike the phrase “Testing begins when”  from the first 
sentence, adding “may” and “under this Method 310, and adding the phrase “After selection of the product” to the beginning of the second sentence.  
Staff is proposing to clarify that the chain of custody refers to a product that will 
underg o the analytical process . Staff is also proposing to clarify that the chain of 
custody includes ensuring that the product selected for testing is kept in a secure 
location to which only authorized people have access.  
Staff is also proposing to keep the fir st two sentences of section 5.1 and strike the 
remainder of that section.  
Rationale for Proposed Amendments to Sections 5.1  
Proposed changes will better reflect the initial steps taken by the Executive Officer 
at the onset of product testing under Method 310. These changes also parallel 
changes made to section 3, and are made for the same reasons.  
The text that is proposed to be removed from section 5.1 is moved to section 5.4, 
where the rights of the Executive Officer and duties of the responsible party a re 
stated, putting it in a more logical place and thus making it easier for regulated 
entities to find it and comply.  
Purpose for Proposed Amendments to Section 5.2  
Staff is proposing to replace “is” with “shall” throughout the section and restate 
the foll owing two terms as shown:  
• ROC(s) replaces ROCs;  
• Compound(s) replaces compounds.  
Rationale for Proposed Amendments to Sections 5.2
 
The proposed change will make clear that Method 310 looks for as many ROC(s) and compound(s) as present in the product being analyzed thus allowing the  
IV-189 Executive Officer more flexibility . Further, replacing “is” with “shall” makes it more 
clear that the action is mandatory, rather than a description of what is done.  
Purpose for Proposed Amendments to Section 5.3  
Staff is proposing to modify section 5.3 and subsections 5.3.1 to 5.3.9 to describe 
Method 310’s process for non- aerosol or the non- propellant portion of an aerosol 
consumer products sample, as related to ROC content and for reactivity- based 
analysis.  
Staff is also  proposing to:  
• In section 5.3,  replace “material” with “content;”  
• replace “is” with “shall” throughout section 5.3;  
• add the phrases: “as applicable,” “one or more of the following;” and “using 
either” throughout section 5.3.  
Staff is proposing to add the f ollowing reference methods to subsection 5.3.4: 
NIOSH 1300, NIOSH 1401, NIOSH 1402, and NIOSH 1403.  
Staff is proposing to add the following reference methods to subsection 5.3.5: 
NIOSH 1300, NIOSH 1401, NIOSH 1402, and NIOSH 1403.  
Staff is proposing to add updated reference methods ASTM D5443 and ASTM D5580 to subsection 5.3.5.  
Staff is proposing to remove subsection 5.3.6: Determination of metal content, ASTM D5381- 93. 
Staff is proposing to remove subsection 5.3.7: Determination of  specular gloss, 
ASTM D523- 08. 
Staff is proposing to remove subsection 5.3.8: Determination of acid content, 
ASTM D1613- 06. 
Subsection 5.3.9 is proposed to be renumbered to subsection 5.3.6 , and s taff is 
proposing to add updated reference methods ASTM D5443 and ASTM D5580 to 
the renumbered 5.3.6  
Rationale for Proposed Amendments to Sections 5.3  
The proposed changes to section 5.3 are put forward because they will provide a 
more uniform description of the various analytical methodologies available for ROC 
content determination.  
The proposed addition of phrases “as applicable,” “one or more of the following,” and “using either” clarifies that not all methods need to be employed to test products for ROC content.   
IV-190 CARB is proposing the changes to subsection 5.3.4 because to date, Method 310 
has listed only NIOSH 1400, implying an all -inclusive series, when in fact these are 
four separate reference methods. Thus, adding NIOSH 1401, NIOSH 1402, and 
NIOSH 1403 to subsection 5.3.4 would make this clear for ketone and alcohol 
content determination.  
CARB is proposing the changes to subsection 5.3.5 because to date, Method 310 has listed only NIOSH 1400, implying an all -inclusive series, when in fact these are 
four separate  reference methods. Thus, adding NIOSH 1401, NIOSH 1402, and 
NIOSH 1403 to subsection 5.3.4 would make this clear for prohibited content 
determination . CARB is proposing to update  reference method ASTM D5443 and 
add reference method ASTM D5580 to  subsectio n 5.3.5 for the purpose of 
prohibited content determination.  
Staff is proposing to remove subsection 5.3.6: Determination of metal content, 
ASTM D5381- 93. The r eference methods included in previous subsection 5.3.6 
would generate data that is not used in t he PWMIR calculation . Although deleted 
from this section, this reference method would remain in section 2 of Method 310, and would be included in Article 3 of the California Consumer Products Regulations 
(section 94526), where it is more appropriate.  
Staff is proposing to remove subsection 5.3.7: Determination of specular gloss, 
ASTM D523- 08. The r eference methods included in previous subsection 5.3.7 
would generate data that is not used in the PWMIR calculation. Although deleted 
from this section, this reference method would remain in section 2 of Method 310, 
and would be included in Article 3 of the California Consumer Products Regulations 
(section 94526), where it is more appropriate.  
Staff is proposing to remove subsection 5.3.8: Determination of acid  content, 
ASTM D1613- 06. The r eference methods included in previous subsection 5.3.8 
would generate data that is not used in the PWMIR calculation. Although deleted 
from this section, this reference method would remain in section 2 of Method 310, 
and would be included in Article 3 of the California Consumer Products Regulations 
(section 94526), where it is more appropriate.  
Subsection 5.3.9 is proposed to be renumbered to subsection 5.3.6 . Renumbering 
it is necessary to account for deleted subsections and k eep the section in numerical 
order, making it easier to read and reference . Adding reference methods ASTM 
D5443 and ASTM D5580 to  this renumbered subsection 5.3.6 will clarify that those 
methods can be used to test for hydrocarbon content.  
Purpose for Proposed Amendments to Section 5.4  
Staff is proposing to change the section title from “Initial Determination and Verification of ROC Content” to “Initial Determination of ROC Content.”  
Staff is also proposing to remove “by verifying formulation data” from the  
introduction to this section, replace “will determine the” with “if…makes a,” add 
“they shall do so,” and replace “will” with “shall.”   
IV-191 Staff is proposing to replace “Based on formulation data and the analysis 
conducted under section 5” with “Using the equation specified in section 6” in 
subsection 5.4.1, replace “will” with “shall”, and replace a generic reference to 
“CARB regulations” with a reference to the specific sections of the California 
Consumer Products Regulations that specify the applicable requirements for CARB -
regulated consumer products.  
Staff is proposing to add new subsection 5.4.2 that states the following:  
• when the product does not meet the applicable stand, the Executive Officer 
may ask the responsible party to supply product formulation dated specified in section 94526 of the California Consumer Products Regulations, and the responsible party shall supply that product formulation data within 25 working days;  
• the Executive Officer shall handle confidential information in accordance 
with Ti tle 17, CCR, sections 91000 to 91022, and  
• failure to respond to an Executive Officer request for formulation data is a violation.  
Staff is proposing to add new subsection 5.4.3 that states the following: “If the Executive Officer determines, based on test ing, information they may receive from 
the responsible party, and any other applicable evidence, that the product does not comply with the applicable Reactivity Limit, the Executive Officer may take appropriate enforcement action.”  
Rationale for Proposed A mendments to Sections 5.4  
Modifying the title better describes the applicability of section 5.4, which makes it easier for readers to understand the section and its purpose.  
Following the ROC content method development, the phrase “by verifying formulation  data” is proposed to be moved from the introduction of section 5.4 to 
subsection 5.4.2 to express that the ROC content would be validated analytically 
and not solely through the formulation data . The proposal to replace “will 
determine the” with “if…makes a” clarifies that the Executive Officer has the 
option to determine ROC content, and that not every product has an ROC content, 
so it is not always done, better reflecting what CARB actually does . The proposal to 
add “they shall do so” clarifies that when CARB does choose to determine the 
ROC content, CARB will do so using sections 5.2 and 5.3 of Method 310. The 
proposal to replace “will” with “shall” makes it more clear that this is mandatory, 
not just a description of what is done.  
In subsection 5.4.1, staff is proposing to replace “Based on formulation data and 
the analysis conducted under section 5” with “Using the equation specified in section 6” to better reflect that following the analytical steps outlined in sections 5.2 and 5.3, ROC content is determined analytically and subsequently used in the equation described in section 6 to determine the PWMIR of the tested product.   
IV-192 According to the California Consumer Products Regulations, categories of 
consumer products that are regulated by CARB are require d to remain below or 
meet the VOC standards or reactivity limits . Those VOC standards and reactivity 
limits are specified in sections 94509 and 94522, respectively, of the California 
Consumer Products Regulations. Staff is proposing to reference those sect ions in 
Method 310 to explicitly state that when an Executive Officer determines whether a product meets the applicable VOC emission standards or reactivity limits, the 
Executive Officer refers to VOC standards and reactivity limits presented in the 
abovem entioned sections. Replacing the generic reference with this specific 
reference to the specific sections makes it easier for a reader to understand this section and find the outside references.  
Subsection 5.4.2 is added to parallel section 3. It clearly states that according to 
the California Consumers Products Regulations, the Executive Officer may ask a 
responsible party for formulation data, and the responsible party is required to 
respond within 25 working days. Further, it provides peace of mind to regulated 
entities by clarifying that CARB is required to handle the confidential data according to CARB’s confidentiality procedures, in the specified regulations . 
Formulation data will usually be treated as confidential, as allowed by law . This 
section al so makes clear to the regulated entities that failure to submit the 
requested formulation data within the required time period is a violation, so they understand there are potential consequences of such a failure. Staff is proposing to 
add this information  to Method 310 to remain consistent with the California 
Consumer Products Regulations.  
Staff is proposing to add subsection 5.4.3 to reflect that CARB can determine that a consumer product has violated applicable reactivity limits based on testing, the information provided by the responsible party, and any other applicable evidence . 
This change brings Method 310 up to date with how CARB actually conducts enforcement, based on all available information.  
Purpose for Proposed Amendments to Section 5.5  
Staff is  proposing to add that if a product’s status is not satisfactorily resolved 
under sections 5.1 -  5.4, the Executive Officer may conduct additional analyses and 
testing as necessary based on the Executive Officer’s scientific judgment to verify formulation data.  
Staff is proposing to replace “will request” with “may ask” in subsection 5.5.1.  
Staff is proposing to strike subsections 5.5.2 and 5.5.3, and renumber subsection 5.5.4 to 5.5.2.  
Rationale for Proposed Amendments to Sections 5.5  
Adding that the Execu tive Officer can perform additional analyses and testing 
according to their scientific judgment clarifies that the criteria to be used to determine whether further analyses and testing are required is the Executive  
IV-193 Officer’s scientific judgment, which refl ects what CARB actually does and is 
generally accepted as a basis for requiring additional information.  
Replacing “will request” with “may ask” in subsection 5.5.1 clarifies that the 
Executive Officer has the option to ask the responsible party for additi onal 
information to explain a discrepancy if unable to verify the accuracy of supplied formulation data, but that the Executive Officer does not have to do so.  
Staff is proposing to strike subsection 5.5.2 because the content of this section is 
incorporate d into the proposed new subsection 5.4.3, where it more appropriately 
belongs, so it is no longer needed here. Subsection 5.5.3 is proposed to be struck 
because the description of establishing a violation is now described in the 
proposed new subsection 5.4.2, where it more appropriately belongs, so it is no longer needed here.  
As a consequence of proposing to delete subsections 5.5.2 and 5.5.3, the existing 
subsection 5.5.4 would become subsection 5.5.2. This proposed change keeps the 
subsections in numeric al order, making it easier to read and reference them.  
Purpose for Proposed Amendments to Section 6  
Staff is proposing to insert a new section 6 to specify the equation used to 
calculate the PWMIR using ROC content for products subject to reactivity- based 
limits.  
Rationale for Proposed Amendments to Section 6  
Following the completion of MLD’s method development for ROC content 
determination, staff developed an equation that shall be used to determine the PWMIR using ROC content for products subject to reactivity- based limits in the 
California Consumer Products Regulations, Article 2, section 94509, and Article 3, section 94521. This equation is placed in a separate section, section 6, to mirror the 
structure of sections 3 and 4, where section 3 describes how  to determine VOC, 
and section 4 describes which equations are used to calculate VOC . In a parallel 
fashion, section 5 describes how to determine ROC content, and section 6 
describes which equation to use to calculate the PWMIR using ROC content for 
produc ts subject to reactivity- based limits . Putting each in separate sections makes 
it easier for regulated entities to read and understand each one of the sections. The 
equation in section 6 is based on the equations described in the California 
Consumer Produc ts Regulations, section 94521.  
Purpose for Proposed Amendments to Section 7, Method Precision and 
Accuracy  
This section was previously numbered as section 6 and now proposed to be 
renumbered as section 7. There are no additional changes proposed to section 7.  
IV-194 Rationale for Proposed Amendments to Section 7, Method Precision and 
Accuracy  
The addition of section 6 changed the number of this section to 7. It is kept as a 
separate section because it covers a separate topic.  
Purpose for Proposed Amendments to Sec tion 8  
This section was previously numbered as section 7 and is now proposed to be 
renumbered as section 8. Staff is proposing to revise the title of this section from 
“Alternate Test Methods” to “Alternative Test Methods.”  
Staff is also proposing to delet e language that is non- substantive and no longer 
necessary (“in antiperspirant/deodorants, consumer products, or aerosol coating 
products (or their emissions)”), and to add the following language: “ as described in 
the Consumer Products Regulations, sections 94506, 94515, and 94526, respectively.”  
Rationale for Proposed Amendments to Section 8  
The addition of section 6 changed the number of this section to 8, to keep it in order and keep it separate, since it covers a separate topic.  
Staff is proposing to r evise the title of section 8 from “Alternate Test Methods” to 
“Alternative Test Methods” to better reflect its purpose. The word “alternate” was 
incorrectly used in the previous revision on Method 310 and is now replaced by 
“alternative.”  
CARB propose s to replace  “in antiperspirant/deodorants, consumer products, or 
aerosol coating products (or their emissions)” with references to the specific sections in the Consumer Products Regulation because it is more specific, and thus easier for a regulated entity to find the designated requirements and comply . 
The proposed addition of the Consumer Products Regulations sections is proposed to clarify that the Executive Officer has the authority to approve the use of 
alternative test methods, as noted in those specific sections (Consumer Product 
Regulations sections 94506, 94515, and 94526), so that a reader can go directly to 
those and reference them easily when reading this section.  
Purpose for Proposed Amendments to Appendix A  
Staff is proposing to revise the title o f section 3 of Appendix A from “Apparatus 
and Materials” to “Equipment and Supplies.”  
Staff is also proposing to delete Footnotes 1 and 2.  
Staff is also proposing to non- substantially modify the text of section 4 of the 
Appendix, such as the following:  
• place “aerosol” in front of the word “can” in section 4.1.3 of Appendix A;  
• replace “is” with “shall be” in section 4.2.4 of Appendix A;   
IV-195 • strike “total grams propellant” from section 4.1.8 and 4.2.10 of Appendix A;  
• insert “the” in front of many nouns used to describe the process throughout 
the process in Appendix A.  
Rationale for Proposed Amendments to Appendix A  
Staff is proposing to revise the title of Appendix A, section 3 from Apparatus and 
Materials to Equipment and Supplies because this new title will b etter reflect its 
purpose . This new language appears in the Standard Operating Procedures (SOPs) 
and other MLD related documents, and is reflected here for program consistency.  
Staff is proposing to delete Footnotes 1 and 2 because the information contained 
in these footnotes was already incorporated into Figures 2 and 4, respectively, where it more appropriately goes, so it’s not needed here.  
The proposed textual modifications to the procedure section of Appendix A will better explain the steps tak en to collect the propellant, and will provide clear 
references to accompanying figures, making it easier to read and implement.   
V-196 
 V. Air Quality  
This chapter addresses the potential air quality impacts of  the Proposed 
Amendments. It includes a discussion of  the methodology staff used in developing  
the consumer product emission inventory and the emission inventory’s results, such 
as product categories considered and selected for this regulatory proposal . This 
chapter also illustrates the VOC reductions that the P ropos ed Amendments would 
achieve Statewide and in the South Coast between 2023 and 2035. In this chapter 
we conclude with a  discussion of potential impacts of the Proposed Amendments 
on the formation of secondary organic aerosols (SOA), which are precursors to fine particulate matter (PM
2.5). 
A. Emissions Inventory  Methods  
The 2015 Consumer Products Survey data serves as  the tech nical foundation for 
the current update to the Consumer Products Emission Inventory . The three- year 
survey was part of a larger, systematic effort by CARB to improve emission estimates for all major emission sources to support attainment of federal ambient air quality standards and clean, healthful air for all Californians. While the survey 
was conducted  for products sold  each year from 2013 to 2015, and  data from all 
three years of the survey played a crucial role in updating the Emission Inventory, the 2015  calendar year data has been ut ilized for regulatory development 
purposes.  
In 2014, CARB launched its extensive three- year survey for the purpose of 
gathering more current information on the sales and content of  consumer products 
sold or supplied for use in California, to better understand the  air quality 
implic ations of consumer products . The survey collected data for the years 2013, 
2014,  and 2015, and was sent out  in September 2014, July 2015 and July 2016, 
respectively.  
The surveys conducted over this period  sought information about  491 consumer 
product categories . Of those 491 categories, 72 had never been surveyed by CARB 
before . In response to t he three surveys, a pproximately 1,500 companies reported 
a total of about one  million products and 8.45 million product ingredients. By 
comparison, the most extensive survey previously conducted was in 2003, which  
gathered information about  approximately 250 product categories and, almost 
26,000 products from 915 companies . 
Fate and Transport Adjustments . CARB staff applied fate and transport 
adjustments to the emissions of a total of 63 survey categories. Fate and transport 
adjustments acco unt for the expectation that a portion of certain ingredients in 
specific categories will go down the drain or get combusted, and therefore do not contribute to the amount of emissions that go into the air .  The majority of the fate 
and transport adjust ment s were made to  emissions of 38 categories of “ Household 
and Institutional Products, ” 24 categories of “Personal Care Products ,” and one 
“Vehicle and Marine Vessel Aftermarket Product ” category. More information 
regarding how these adjustments are appli ed can be found in the document  
V-197 entitled Survey Category Fate and Transport Adjustments  on the 2015 Consumer 
Products Survey webpage at https://www.arb.ca.gov/consprod/survey/survey.htm. 
Market Adjustments . CARB typically applies a market adjustment factor to 
reported survey sales data product mass to reflect the potential underreporting  of 
product sales in response to a survey . CARB comparison or reported sales data to 
independent sales data from Nielsen  LLC, Mintel Group , and other independent 
sources indicated for all but one category, CARB’s survey captured approximately 
90 percent of product sales. This value is consistent with the market coverage 
identified for previous CARB surveys. Staff did find more significant underreporting 
for the “ Dry Shampoo ” category, however, where CARB’s survey captured just 75 
percent of product mass . As a result of this determination , CARB staff adjusted  raw 
2015 Consumer Product s Survey sales data  by dividing reported sales mass for 
categories other than “Dry Shampoo ” by 0.90 , and for “Dry Shampoo ” by 0.75,  to 
account for survey underreporting.  
The 2015 Consumer Products Survey data indicate that consumer product ROG 
emissions are over 20 percent higher than found in CARB’s existing consumer 
product emission inventory, predominantly due to higher -than-anticipated 
emissions from the “ Personal Care Product ” sector. ROG emissions are TOG 
emissions minus exempt VOC emissions; expressed otherwise, ROG emissions are 
VOC emissions plus LVP -VOC emissions. Possible explanations for the higher 
“Personal Care Product ” sector emissions in the 2015  Consumer Product s Survey 
data compared to CARB’s existing consumer product emission inventory could 
include faster -than-anticipated growth in sales for the sector, different compliance 
pathways taken for regulated categories than those assumed in the existing 
inventory, or underrep resentation of sales in previous CARB survey responses that 
was not accounted for in calculating the market adjustment factor applied to those 
survey responses . 
As shown in Figure V- 1, “Personal Care Products, ” followed by “ Household and 
Institutional Products, ” are the two sectors that dominate consumer product VOC, 
ROG , and TOG  emissions. These two sectors represent about 80 percent of the 
total VOC and ROG emissions, and nearly 70 percent of the total TOG emissions 
from all surveyed consumer product categories .   
V-198 Figure V-1:  Survey Three- Year Average Emissions by Major Sector  
 
B. Consum
er Products Emission Inventory 
Total 2015 c onsumer product ROG emissions, including from the “Aerosol Coating 
Product” category, are approximately 260 tons per day . As shown in Figure VII-2 , 
the “Personal Care Product” category is the largest source of ROG emissions from 
consumer products in the State, and accounts for almost 42 percent of consumer 
products ROG emissions in California . The second -largest ROG emission source is 
from “Household and Institutional Products,” at around 33 percent . Results from 
the 2015 emission inventory update demonstrate the increasing prominence of 
ROG emissions from the Personal Care Products sector, followed by the Household 
and Institutional Products sector. The increased ROG emissions from the Personal 
Care Products Sector represent 17 percent out of the total 21 percent increase for all sectors compared to the adjusted SIP inventory . Approximately 27 percent of 
the total ROG increase from surveyed sectors compared to the SIP comes from 
newly -surveyed categories in the “ Personal Care Product ” sector.   
V-199 Figure V-2:  2015 Consumer Products Market Sector ROG Emissions  
 
C. Emis
sion Reductions  
The Proposed Amendments achieve Statewide VOC reductions of 3.00 tpd in 2023 
and 9.80 tpd in 2031 . In the South Coast, VOC reductions from the P roposed 
Amendments total 1.25 tpd in 2023 and 4. 03 tpd in 2031. The Proposed 
Amendments have targeted VOC reductions from the faster -growing “Personal 
Care Product” sector, with 65 percent of reductions coming from this sector in 
2023, and 71 percent of reductions from this sector in 2031 . Figures VII -3 and VII -4 
illustrate the VOC reductions from Proposed Am endments Statewide and in the 
South Coast between 2023 and 2035.   
V-200 Figure V-3:  Proposed Amendment  VOC Emissions Reductions in California (tpd)  
 
 
Fig
ure V-4:  Proposed Amendment  VOC Emissions Reductions in the South 
Coast Air Basin (tpd)  
 
  
 
V-201 D. Ozone  
The Proposed Amendments are based upon staff’s evaluation and prioritization of 
product categories that could achieve significant, feasible reductions in VOC 
emissions and ozone forming potential (OFP) . Detailed product sales and 
speciation data collected in the 2015 Consumer Product s Survey enabled CARB 
staff to determine category VOC, ROG, and TOG emissions, and OFP  for each 
survey category. In initiating this rulemaking, CARB staff ranked the top categories 
of products for both VOC emissions and OFP, and began the process of assessing 
which consumer product categories could provide VOC reductions and OFP reductions . Staff considered for further rulemaking the top consumer products 
categories ranked for each VOC and OFP emissions, resulting in the identific ation 
of 47 total categories for possible regulatory action . The top 20 VOC emission 
categories are identified in Table V- 1 below.  
Table V-1:  Characteristics of the Top Twenty VOC Consumer Product 
Categories, 2015
1 
Category Name  VOC 
(tpd) VOC Standard or 
Sales Weighted 
Average VOC 
Content  (%) Ozone 
Forming 
Potential 
(tpd) Sales Weighted 
Average PWMIR 
(grams ozone per 
grams product ) 
Anti-microbial Dry Hand Wash  
(Hand Sanitizer)  11.9 63.7 18.2 0.97 
Personal Fragrance Product with 20% 
or less fragrance2 11.1 71.4 13.1 1.24 
Hair Finishing Spray2 10.4 53.1 15.1 0.77 
Rubbing Alcohol  9.2 68.2 5.8 0.43 
Disinfectant (aerosol)  6.3 64.0 9.7 0.99 
General Purpose Cleaner (nonaerosol)  5.4 0.5 25.9 0.06 
Sunscreen (hair or body) (aerosol)  3.5 62.9 5.4 0.97 
Dual Purpose Air 
Freshener/Disinfectant (aerosol)  2.7 61.9 4.1 0.95 
Laundry Detergent  2.7 1.0 23.3 0.02 
Air Freshener, Single Phase Aerosol2 2.0 9.3 3.6 0.17 
Charcoal Lighter Material  2.0 54.1 1.4 0.04 
Multi -purpose Lubricant (including 
solid and semisolid products)  2.0 22.7 0.97 0.36 
Air Freshener, Double Phase Aerosol2 1.8 19.1 1.9 0.20 
Deodorant Body Spray2 1.8 71.8 2.7 1.10 
Crawling Bug Insecticide (aerosol)2 1.7 12.3 3.2 0.23 
Denatured Alcohol  1.7 97.4 1.8 1.04 
Aerosol Cooking Spray  1.6 17.5 1.4 0.15 
Antiperspirant  1.5 6.7 3.4 0.15 
Floor Wax Stripper  1.4 15.2 8.2 0.88 
Mouthwash/Rinse  1.4 11.9 3.2 0.03 
1 - Unadjusted VOC emissions as reported  in "2015 Consumer and Commercial Products Survey - Final 
Data Summaries " (CARB, 2019)  
2 - Products In  this category would be subject to lower VOC standards pursuant to the Proposed 
Amendments.  
  
V-202 CARB staff evaluated multiple variables related to commercial and technical 
feasibility, potential reformulation cost, enforceability, and other factors to identify 
which product categories would be most promising for potential rulemaking . These 
factors included category total emissions and OFP;  category emission trends;  
market share (both mass- based and number of products) of low -VOC products;  
category average VOC content;  number of total unique product formulation s and 
manufacturers in a category;  whether  product reformulation flexibility may be 
restricted due to other regulatory requirements or required product efficacy 
(particularly for health benefit products);  potential GHG emission i mpacts ; potential 
for increased use of a harmful ingredients;  and ing redient volatility and fate and 
transport considerations .  
CARB staff also carefully evaluated anticipated reformulation pathways for 
promising categories, including potential for utilization of more reactive LVP -VOCs 
in complying (lower VOC) products . Categories with potential for this reformulation 
dynamic, or where lower VOC standards could result in negligible OFP reductions, 
were excluded from consideration for lower VOC standards. This evaluation 
process, based upon staff’s evaluation of 2015 Consumer  Products  Survey data and 
discussions with public  stakeholders, helps ensure that the Proposed Amendments 
will reduce ozone forming potential and help California meet state and federal 
health- based ozone standards.   
E. Particulate Matter  
Ambient  particulate matter (PM) is a mix of heterogeneous components that varies 
greatly by season and by region. PM particles vary in size  and composition , with 
each having different health impacts. A large fraction of fine PM mass , which is 
composed of PM parti cles of 2.5 microns  (PM 2.5), is composed of organic 
compounds, which are either directly emitted (primary organic aerosol , or POA) 
into the atmosphere , or are formed through oxidation reactions involving gas -
phase precursors (secondary organic aerosol , or SOA) . SOA precursors  are emitted 
by many natural and anthropogenic  sources,  such as motor vehicle s, petrochemical 
industries , biomass burning, wildﬁres , consumer products, and food cooking . 
Significant advances have been made in the theoretical and experimental studies of the formation of  SOA in recent years.  
1. Secondary Organic Aerosol  Formation  
SOAs are a major component of fine particle pollution, which has been found to cause lung and heart problems,  and other health effects. As a result, U.S. EPA has 
established levels for these particles in the atmosphere to protect public health . As 
emissions from more dominant  mobile sources continue to decrease, it becomes 
more important to focus on less prominent SOA precursor sources to achieve  
future SOA reduction and attainment of the PM
2.5 standard s. It is important to 
understand the atmospheric evolution of  the physical and chemical properties of 
organic compounds emitted from different sources, and many emission sources still 
remain poorly characterized . 
In general , chemicals that react fast enough in the atmosphere will generate 
sufficient amounts of low volatility products to  form aerosols . In general terms, the  
V-203 potential to form SOA among classes of VOCs commonly- used  in consumer 
products  could be described by the following order, with the lower molecular 
weight alkanes and ketones being least likely:  
Least  Likely:   Lower molecular weight alkane s & ketones (7 carbons or less) . Higher 
molecular weight aromatics (polysubstituted benzenes)  
More Likely:   Lower molecular weight aromatics (C7 & C8 compounds)  
LVP-VOCs , which are exempt  from the calculation of a product’s VOCs for the 
purpose of determining whether a product has met its VOC standard  due to their 
low evaporation rates , have been confirmed to play a role in ambient SOA and 
ozone formation . Li et al.  categorized the effect of select LVP -VOCs on ozone 
formation and SOA formation ( Li et al., 2018 ). SOA formation from the individual 
compounds  studied var ied widel y, with nearly half of the LVP -VOCs explored not 
forming measurable SOA , while other s produc e appreciable SOA . Benzyl alcohol, 
one of the  ingredients used in consumer products, wa s found to have a large SOA 
formation potential  (Li et a l., 2018; Charan et al. , 2020).  
Chemical structure was found to be a significant driver of SOA formation (Li at el., 
2018) , and further st udies are required to determine the functional groups of other  
compound types , to improve forecastin g of the ability of other types of VOCs and 
LVP-VOCs to form SOA . Additional work is under  way to evaluate and improve 
SOA mechanisms used for scientific and regulatory modeling applications. CARB is 
currently funding a research project designed to characterize  SOA precursors 
released from a variety of consumer products . This work includes the review of 
existing large environmental chamber databases from the University of California, 
Riverside, and California Institute of Technology , and performance of matched 
experiments in the two chambers, with a goal of  improving  existing SOA 
mechanisms . 
Results of recent studies indicate  a mechanistic linkage between ozone formation 
and SOA formation of VOCs and LVPs . Because of this relationship, the Proposed 
Amendments may also affect the SOA formation  potential of consumer products . 
As stated above, alkanes containing less than seven carbons (C7) are not expect ed 
to make SOA products , and alkanes larger than C15 , as well as other large 
hydrocarbon molecules were also not qualified as POA or SOA precursors . Recent 
studies ( Tkacik et al., 2012 ; Cappa et al., 2013 ; Zhao et al., 2014 ; Akherati et al., 
2019) show that alkanes with hydrocarbon chain lengths of C10 to C30 could 
contribute significantly to atmospheric SOA in carbonaceous particles . These  C12-
C25+ alkane molecules may have an expected role in SOA formation  given their 
ubiquity in hydrocarbon fuels, but observations in urban areas are consistent with 
the more  oft-studied aromatic SOA s. Highly substituted aromatic compounds make 
up an important group of aromatic compounds , as they tend to have high SOA 
yields  (Li et al., 2016 ; Zaytsev et al., 2019) .  
2. Impact of Proposed Amendments  
The analysis of the potential impact on PM formation of  the proposed VOC 
standards  assumes that to meet the proposed limits will require replacing 9.8 0 tons 
per day of VOC ingredients with 9.8 0 tons per day of non -VOCs  or exempt VOCs .  
V-204 In order to meet the proposed VOC standards, manufacturers generally have the 
following reformulation options: use of exempt VOCs; use of LVP -VOC solvents; 
use of water; increasing “solids” content; or use of non- VOC propellants . It is 
difficult to predict which  reformulation pathway or combination of reformulation 
pathways manufacturers  will take . Substitution of water  for VOCs such as ethanol in 
personal fragrance products and hair finishing spay products would likely result in a small reduction in SOA fo rmation . One of the suggested reformulation pathways 
for Manual Aerosol Air Freshener products is substitution of typical hydrocarbon (VOC) propellants with compressed gases, which  would also likely result in a 
reduction in SOA formation . Similarly, a small reduction in SOA formation would be 
expected from  increasing the “solids” content of the reformulated products.  
Due to the many potential manufacturer reformulation pathways, as well as the 
evolving science behind SOA formation, staff is  unable to fully determine the 
impact of the proposed VOC standards on  SOA formation , and thus the impact on 
PM emissions. However, based upon our evaluation of 2015 Consumer Product s 
Survey data, including product formulations that already comply with the proposed 
standards, as well as staff’s evaluation of the most likely reformulation pathways, staff believes a slight decrease in SOA formation is likely, and that a n increase in 
SOA formation is unlikely . CARB staff  will continue to monitor implementation of 
the regulation, and reassess the impacts as the science evolves and more data 
become s available.  
  
VI-205 VI. Benefits of the Proposed Amendments  
The primary purpose of the P roposed Amendments is to lower the impacts that 
VOC emissions from the use of consumer products have on the formation of 
ground -level ozone  to attain federal ambient air quality standards . By helping to  
expedite attainment of  State and federal health- based air quality standards, the 
Proposed Amendments provide health and wellness benefits for California 
residents . This section describes the deleterious effects of ground -level ozone , 
which proposed VOC reductions would help to address, a nd identifies other 
benefits of the Proposed Amendments.  
A. Ozone Adversely Impacts Health 
Ground -level ozone is a colorless gas and the chief component of urban smog . 
Ozone formation in the lower atmosphere results from a series of chemical 
reactions between ROG and nitrogen oxides in the presence of sunlight . The rate 
of ozone generation is related closely to both the amount and reactivity of ROG 
emissions, as well as to the amount of NOx emissions avail able in the atmosphere 
(Seinfeld and Pandis, 1998).  
Ozone  is one of the State’s more persistent air quality problems. Ninety ‑three 
percent of Californians, or almost 37 million people, live in the Stat e’s 18 areas 
designated as being in nonattainment with the federal eight -hour ozone standard . 
Levels of ozone vary between nonattainment areas. California has 10 of the nation’s 
11 ozone nonattainment areas classified as “moderate” or higher for the 0.070 
parts per million ( ppm) national ambient air quality s tandard . Nationwide, California 
occupies the top four spots with the highest levels of ozone (2019 design values),  
and has eight out of the top ten areas with the highest ozone levels in the nation. 
Levels of ozone also vary within each nonattainment area . As of 2019, 53 percent of 
people living in California, and 68 percent of people living in the South Coast, 
reside in places that don’t  meet the national ozone standard .  It has been estimated 
that each year, about 630 fewer people would die prematurely f rom exposure to 
ozone if California was to attain the S tate ambient air quality standard for ozone 
(Ostro et al., 2006) . Additionally, it was estimated that attainment of ozone 
standards would result in 89 avoided premature deaths per year in the South Coa st 
(SCAQMD, 2017).  
Ozone is a strong irritant , and it has been well documented that ozone adversely 
affects the respiratory function of humans and animals. Ozone exposure can cause 
constriction of the muscle cells in the airways , resulting  in symptoms such  as 
coughing, chest tightness, shortness of breath, and increased asthma symptoms 
(U.S. EPA, 2020) . Research has shown that, when inhaled, ozone can cause 
respiratory problems, aggravate asthma, impair the immune system, and increase 
the risk of premature death . In some animal studies, structural changes were seen 
with long -term exposure to ozone concentrations considerably above the ambient 
standard  (Fanucchi et al., 2006; Plopper et al., 2007); some of these changes 
persisted even after resuming exposure to clean air (Plopper et al., 2007).   
VI-206 Human health studies have also shown that exposure to levels of ozone above the 
current ambient air quality standard can lead to lung inflammation and injury,  and 
reduced lung function (Alexis et al., 2010; Frampton et al., 2017; Arjomandi et al., 
2018) . Even short -term exposures to ozone levels at the current standard of 70 ppb 
can negatively impact lung function (Schelegle et al., 2009), and levels below the standard may likewise still reduce lung function and cause in flammation (Kim et al., 
2011) . Prior evidence suggests that ozone may be linked to the onset of new 
asthma in very active children (McConnell et al., 2002) . Ozone has also been 
associated with premature death (Turner et al., 2016; Wang et al., 2019) . Ozone  in 
sufficient doses can also increase the permeability of lung cells, rendering them 
more susceptible to toxins and microorganisms . Other health outcomes associated 
with ozone exposure include hospitalizations (Lin et al., 2008; Moore et al., 2008) 
and em ergency department visits (Malig et al., 2016; Gharibi et al., 2019), primarily 
for asthma and other respiratory conditions . Of course, the greatest risk from 
ozone exposure is to those who are active outdoors during smoggy periods, such 
as children, athletes, and outdoor workers. For instance, a study of children in 
Southern California showed that ozone exposures led to an increased risk of 
asthma hospitalizations (Moore et al., 2008) . The health effects of ozone on 
children can also lead to increased scho ol absences, as reported by another study 
done in 12 communities in Southern California (Gilliland et al., 2001).  
Not only does ozone adversely affect human and animal health, but it also affects 
vegetation, resulting in reduced yield and quality in agricultural crops, disfiguration 
or unsatisfactory growth in ornamental vegetation, and damage to native plants . 
For example, a recent California study demonstrated that yields of perennial crops 
like strawberries and grapes were negatively affected by ozone (H ong et al., 2020) .  
During the summer, ozone levels are often highest in Southern California , including 
the high desert, the San Joaquin Valley, and the Sacramento metropolitan region, 
all of which are adjacent to the principal production areas in the State’s multibillion-dollar agricultural industry (USDA, 200 7). CARB studies indicate that ozone 
pollution’s  damage to crops is estimated to cost agriculture hundreds of millions of 
dollars annual ly. The Proposed Amendments will reduce ozone- forming emissions, 
helping the State ’s nonattainment areas to reach attainment with the federal ozone 
standard, thereby also helping to reduce the negative public health impacts of ozone.  
B. Indoor Air Quality Improvement  
To the extent that t he proposed sunset of the Two Percent Fragrance Exemption 
for most consumer product categories would reduce consumer product fragrance 
content, the Proposed Amendments c ould also protect public health by improving 
indoor air  quality . In a national survey, over 34 percent of respondents in the 
United States reported health problems, such as migraine headaches and 
respiratory difficulties, in response to exposure to fragranced products 
(Steinemann, 2016) . Many of the VOCs in fr agrances result in acute or chronic 
health effects. Numerous studies have identified fragrances emitted from consumer 
products as present in household dust, which results from the adsorption of 
gaseous fragrance chemicals onto particulate matter suspended in indoor air . 
Besides inhaling indoor air polluted by fragrance chemicals, people are secondarily  
VI-207 exposed to chemicals in fragrances through ingestion of contaminated house dust . 
This is a particular concern for infants and small children , who are especia lly 
vulnerable to exposure to chemicals in fragrances (Mercier et. al, 2011).  
Exposure to fragrance chemicals in many consumer products has been linked to 
multiple chemical sensitivity (MCS) . MCS is a medical condition that can result in 
health problems such as migraines, asthma, breathing difficulties, nausea and other 
acute or chronic symptoms . The primary cause of MCS is exposure to common 
chemicals emitted from consumer products, including fragranced household and 
personal care products . In 1995, a survey of 4,046 Californians, using questions 
developed by the California Department of Health Services (CDHS), found over 15 
percent of respondents reported having sensitivities to chemicals in c onsumer 
products, including fragrances . A more recent survey of 1 ,137 Americans, 
conducted in 2016, found that over 25 percent of respondents report ed chemical 
sensitivity, with fragrances being the most common trigger (Steinemann, 2018) . 
Inhalation of fragrances emitted from consumer products was reported as causing 
health problems in 81 percent of respondents with self -identified chemical 
sensitivities . These results indicate that indoor air quality can be severely impacted 
by volatile fragrances emitted from a wide -range of consumer products, including 
air fresheners or deodorizers, scented laundry products, cleaning agents, perfumes and personal care products . Because the chemical composition of fragrances used 
in products is not typical ly reported by manufacturers, people with chemical 
sensitivities to fragranced products are often unable to protect themselves from 
inhalation exposure. The proposed sunset of the Two P ercent Fragrance Exemption  
could have the potential co -benefit of helping to address these public health 
challenges.  
C. Other Benefits of the Regulatory Proposals  
As described in Chapter s III and IV , several elements of the Proposed Amendments 
will provide a variety of other benefits, such as reducing toxic air contaminant 
emissions, encourag ing innovation, and enhancing program effectiveness. These 
are summarized below .  
• Staff’s proposal to eliminate the Two Percent Fragrance Exemption for most regulated consumer product categories would also  ensur e up to three  tpd VOC 
emissions do not occur in future years; encourag e greater transparency in 
fragrance constituents  that could lead to lower VOC content in fragrance ; 
simplifying compliance determinations; reducing the need to determine if the 
“sole purpose” of an i ngredient falls within the regulatory definition of 
“fragrance”; and discouraging excess use of a constituent with potential health 
impacts.  
• Proposed Amendments to curtail “ Energized Electrical Cleaner ” sales to 
Automotive Maintenance and Repair Facilities could reduce TAC emissions and 
the associated health risk , particularly among those repairing or maintaining 
automobiles, as use in these applications is not necessary and would decline .  
• Proposed IPE amendments related to  compressed gas propellant s are intended 
to encourage manufacturer formulation of innovative products that utilize this  
VI-208 zero- emission propellant , helping to reduc e VOC emissions and helping to 
achieve ozone attainment in the State and the associated health benefits . 
Development of “ Hair Finishing Spray ,” “Dry Shampoo,” “Personal Fragrance 
Product” that utilize compressed gas could accelerate a shift away from HFC -
152a propellant, which is a greenhouse gas, in the years ahead , helping the 
State achieve its climate change goals. 
• Proposed MIR values for new, less reactive compounds will provide additional 
options for aerosol coating and multipurpose lubricant product manufacturers to develop less reactive products, and, if widely utilized, could enable more restrictive standards for these categories in future rulemakings, helping to  
achieve ozone attainment in the State and the associated health benefits .  
VII-209 VII. Environmental Analysis  
A. Introduction  
This chapter provides the basis for CARB’s determination that no subsequent or 
supplemental environmental analysis is required for the P roposed Amendments.  A 
brief explanation of this determination is provided in section D below . CARB’s 
regulatory program, which involves the adoption, approval, amendment, or repeal 
of standards, rules, regulations, or plans for the protection and enhancement of the 
State’s ambient air quality, has been certified by t he California Secretary for Natural 
Resources under Public Resources Code section 21080.5 of the California 
Environmental Quality Act (CEQA) (14 CCR 15251(d)) . Public agencies with certified 
regulatory programs are exempt from certain CEQA requirements, in cluding but 
not limited to, preparing environmental impact reports, negative declarations, and 
initial studies . CARB, as a lead agency, prepares a substitute environmental 
document (referred to as an “Environmental Analysis, ” or “EA”) as part of the Staff 
Report to comply with CEQA (17  CCR 6000060005) . This EA serves as a substitute 
document equivalent to an addendum to the prior EA, entitled Final Environmental 
Analysis for the Revised Proposed 2016 State Strategy for the State 
Implementation Plan (CARB,  2017b), or Final EA, to explain CARB’s determination 
that no additional environmental analysis is required for the proposed Consumer 
Products Regulation.  
B. Prior Environmental Analysis  
In March 2017, the Board adopted the 2016 State Strategy for the State Implementation Plan (2016 State SIP Strategy) . The State Implementation Plan (SIP) 
is designed to reduce emissions of ozone- forming pollutants and PM2.5, and 
describes the programmatic and regulatory mechanisms of the federal Clean Air Act requirements to meet federal air quality standards . CARB’s 2016 State SIP 
Strategy describes twenty- seven specific measures and CARB’s commitment to 
achieve the mobile source and consumer products emission reductions needed to 
meet federal air quality standards for the fo llowing 15 years . The measures 
included in the 2016 State SIP Strategy would:  
• Establish more stringent engine performance standards for cleaner  
combustion technologies; 
• Ensure that emissions control systems remain durable over the lifetime of vehicle s; 
• Increase the penetration of near -zero and zero- emission vehicle technology 
across a range of applications;  
• Expand the requirements to achieve  cleaner Low -Emission Diesel fuels;  
• Conduct pilot studies to demonstrate new technologies;  
• Incentivize the turnover of  equipment and fleets to the cleanest 
technologies;  
• Increase systems efficiencies; and  
• Reduce emissions from consumer products.   
VII-210 When the 2016 State SIP Strategy was proposed for the Board’s consideration in 
March 2017, it included as an appendix an EA prep ared under CARB’s certified 
regulatory program, referred to here as the Final EA (as mentioned above in Section  A). The Final EA provided a programmatic analysis of the potentially 
significant adverse and beneficial environmental impacts resulting from implementation of the twenty -seven measures in the 2016 State SIP Strategy, and 
their associated reasonably foreseeable compliance responses.  
The Final EA was based on the reasonably foreseeable compliance responses of the regulated entities that would be imp acted by the aforementioned SIP 
measures. The Final EA concluded that implementation of the SIP measures could 
result in short -term and long -term beneficial impacts to air quality, energy demand, 
and greenhouse gases . The proposed measures would also result in less- than-
significant impacts to: energy demand, hazards and hazardous materials, land use 
and planning, mineral resources, population and housing, public services, and 
recreational services . The twenty -seven proposed measures, when taken togethe r, 
could lead to potentially significant and unavoidable adverse impacts to aesthetics, agriculture and forest resources, air quality, biological resources, cultural resources, 
geology and soils, hazards and hazardous materials, hydrology and water quality , 
noise, transportation/traffic, and utilities and service systems.  
The potentially significant and unavoidable adverse impacts identified in the Final 
EA are primarily related to short- term, construction -related activities . While many 
of the identified p otentially significant adverse impacts could be reduced to a less -
than-significant level by mitigation that can and should be implemented by local 
lead agencies, authority to do so is beyond the purview of CARB . The authority to 
determine project- level imp acts and require project- level mitigation lies with land 
use and/or permitting agencies for individual projects, causing inherent uncertainty in the degree of mitigation that may ultimately be implemented to reduce 
potentially significant impacts . Conseque ntly, the Final EA took the conservative 
approach in its post -mitigation significance conclusion and disclosures of 
potentially significant and unavoidable adverse impacts for CEQA compliance 
purposes.  
The Proposed Amendments, which implement the “Consumer Products Program”  
measure, would not constitute a substantial change or new information resulting in any significant effects , or a substantial increase in the severity of previously -
identified significant effects.  
The goal of the “Consumer Products Progr am” measure, as outlined in the 2016 
State SIP Strategy and accompanying Final EA, is to help attain federal ambient air 
quality standards and to offset projected growth in ROG emissions from consumer 
products in light of California population growth . Base d on staff evaluation of 2013-
2015 reported consumer product data, the “Consumer Products Program” 
measure would  identify strategies to maintain emission reductions achieved from 
the consumer products sector . This would involve adopting new ROG limits for 
categories that are currently unregulated , and lowering ROG limits for categories 
that are currently regulated . Staff would work with stakeholders to explore 
methods that would encourage the development, distribution, and sale of cleaner,  
VII-211 very l ow, or zero- emitting products.  
The Final EA determined that reasonably foreseeable compliance responses under 
this measure would include continuing CARB’s commitment to reducing ROG 
emissions from consumer products . Staff would continue to evaluate any and all 
opportunities for emissions reductions by using the sales and product formulations 
from comprehensive data reported by industry, trade journals, patents, and other technical information to propose mass -based ROG  limits . The Final EA also 
concluded that no changes to the physical environment are anticipated that could result in adverse environmental effects f rom compliance responses associated with 
consumer products, as the proposed action would merely involve lim iting ROG 
emissions from consumer products and would not require new manufacturing facilities . The Final EA determined that new consumer products regulations may 
change the types of chemicals currently used in consumer products, and that an 
evaluation woul d occur on a case -by-case basis, as data from industry must be 
reported and reviewed first to determine which categories may be subject to ROG reduction measures.  
Taking into account all components of the SIP across all categories, the Final EA 
concluded that the potential adverse environmental impacts of the SIP were  
outweighed by the substantial air quality benefits that w ould result from its 
adoption and implementation . At the March 23, 2017, hearing, the Board adopted 
Resolution 17-7, certifying the Fi nal EA, approving the written responses to 
comments on the Final EA, and adopting the findings and statement of overriding considerations. A Notice of Decision was filed with the Office of the Secretary of 
the Natural Resources Agency for public inspection. 
C. Proposed Amendments  
The Proposed Amendments are discussed in detail in Chapter  III of this Staff Report . 
The Proposed Amendments, consistent with other Consumer Products Regulations amendments adopted over the past 30 years, focus on reductions in VOCs, which 
are the most volatile portion of ROG . VOCs are more likely than other ROG 
constituents to contribute to ozone formation and other atmospheric processes due to its higher propensity to evaporate . The 2016 State SIP Strategy commits CARB to 
reducing co nsumer product VOC emissions by 1- 2 tons per day (tpd) by 2023 and 4-
5 tpd by 2031 in the South Coast , and by 8-10 tpd statewide by 2031. CARB is 
proposing new and lower VOC standards for the following categories:  Manual Aerosol Air Freshener, Hair Finishing Spray, Hair Shine, Temporary Hair Color, Dry Shampoo, Personal Fragrance (≤ 10% Fragrance), and Aerosol Crawling Bug 
Insecticide . The proposed VOC standards are shown in Table VII -1. 
   
VII-212 Table VII -1 
Proposed VOC Limits  
Category  Phase 1: 
2023  Phase 2: 
2027 -31* 
Category  Proposed 
VOC 
Standard  Proposed 
VOC 
Standard  
Manual Aerosol Air Freshener  10% 5% 
Hair Finishing Spray  50% - 
Dry Shampoo  55% 50% 
Hair Shine  - 50% 
Temporary Hair Color  - 50% 
Personal Fragrance Product  70%** 50%*** 
Crawling Bug Insecticide (aerosol)  - 8% 
*Proposed Phase 2 standards would be effective between 2027 and 2031, depending upon the 
category.  
** Applies to “ Personal Fragrance Product ” with less than or equal to seven  percent fragrance 
content.  
*** Applies to “ Personal Fragrance Product” with less than or equal to 10 percent fragrance 
content.  
The Proposed Amendments also include several other measures to improve 
program transparency, enforceability, and effectiveness, such as:  
• Eliminating the fragrance exemption for up to two percent of fragrance 
ingredients by weight (Two Percent Fragrance Exemption) for most consumer products categories;  
• Prohibiting the use of chlorinated TACs methylene chloride, perchloroethylene, and trichloroethylene  in the consumer product categori es 
identified in Table VII- 1; 
• Prohibiting the use of PCBTF in consumer product categories identified in Table  VII-1; 
• Redefining  “Energized Electrical Cleaner ” to exclude products sold to 
establishments that perform automotive maintenance and repair , from the 
“Energized Electrical Cleaner ” category; 
• Creating a new special purpose aerosol adhesive category definition and applicable VOC standard for “P lastic Pipe Adhesive; ” 
• Creating a narrow exclusion from  the definition of “Multi -purpose Solvent” 
for products used to maintain electric equipment owned by public utilities;  
• Updat ing the ACP and IPE  eligibility c riteria, including a proposal to 
encourage the use of compressed gas propellant as an alternative to HFC -
152a propellant in certain consumer product categories;  
• Updates to the Tables of MIR Values; and  
• Updates to Test Method 310. 
The Proposed Amendments are necessary to help meet federal air quality standards 
and protect the health of California residents . Consumer product emissions 
constituted about 18 percent of California’s ROG inventory from all anthropogenic 
sources as of 2015. ROG emissions from consumer products account for nearly one - 
VII-213 third of total non -mobile ROG emissions statewide. Without intervention, emissions 
resulting from the use of consumer products will continue to grow as California’s 
population and associated consumer product usage increases. The Proposed 
Amendments are intended to mitigate these emission increases through a 
combination of lower VOC standards and  measures to improve reg ulatory 
enforcement . The first phase of the Proposed Amendments will reduce VOC 
emissions by 1.25 tpd in the South Coast , with statewide VOC emission reductions 
of about three  tpd by January 1, 2023. The second phase of the Proposed 
Amendments are estimate d to reduce VOC emissions in South Coast by 4.03 tpd , 
with statewide VOC reductions of about 9.80 tpd by January 1, 2031.  
Some stakeholders have preliminarily indicated that their reformulation pathway to 
comply with the proposed “Dry Shampoo, ” “Personal Fragrance Product, ” and 
“Hair Finishing Spray ” VOC standards will result in an increased use of HFC -152a . 
HFC-152a is not considered a VOC for the purpose of determining compliance with 
Consumer Product Regulation VOC content limits  due to its very low ozone -forming 
potential . However, HFC -152a is also a GHG, with a GWP of 124. CARB staff 
estimates that a potential increase in the use of HFC-152a  as a compliance pathway 
could potentially result in a GHG emissions increase compared to the existing 
consumer products formulations . However, these GHG emissions would only 
amount to a minor decrease in the overall substantial GHG benefits provided by the overall project (i.e., the 2016 State SIP Strategy) . Table VII -2 outlines a year -by-year 
comparison from 202 3 through 2050 of the projected potential loss of GHG benefits 
from the increased use of HFC -152a compared to the modeled GHG emission 
reductions from the 2016 State SIP Strategy . Because consumer product 
reformulations tend to happen on the national level  and not just for products sold in 
California, Table VII- 2 provides information regarding this measure’s potential loss 
of GHG benefits based on both California -only sales and national sales ( the national 
sales include California) . The 2016 State SIP Strat egy only modeled the GHG 
reductions for California . Therefore, that is also reflected in Table VII -2. CARB staff 
calculated these figures from 2023 through 2050, because 2023 is the first year of 
physical changes to consumer products formulations under the Proposed Amendments, and 2050 represents a reasonable expected life for the Proposed 
Amendments, given that CARB tends to amend its Consumer Products Regulation 
on a regular basis . Thus, assuming a 28- year project life is a highly conservative 
estimate . Furthermore, it conservatively assumes no limitations on HFC -152a use 
(which could be added through future amendments; see subsection VII(D)(2) below).  
   
VII-214 Table VI I-2 
Comparison of GHG Increases from the Proposed Amendments to the GHG 
Reductions from the 2016 State SIP Strategy  
(Measured in Million Metric Tons Carbon Dioxide Equivalent per Year 
(MMTCO2E/year))  
Year 2023  2024  2025  2026  2027  2028  2029  2030  2031  
Projected 
Increases 
(California)  0.03 0.03 0.03 0.04 0.04 0.04 0.04 0.04 0.04 
Projected 
Increases 
(Nationally)  0.27 0.28 0.29 0.29 0.30 0.30 0.31 0.31 0.32 
2016 State 
SIP 
Strategy Projected 
Reductions  1.2 1.8 2.4 3.0 4.3 6.0 8.4 11.1 20.0 
 
Year 2032  2033  2034  2035  2036  2037  2038  2039  2040  
Projected 
Increases 
(California)  0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.05 
Projected 
Increases 
(Nationally)  0.33 0.33 0.34 0.34 0.35 0.36 0.36 0.37 0.37 
2016 State 
SIP 
Strategy 
Projected 
Reductions  22.6 25.1 27.8 30.2 32.7 34.6 36.5 38 39.4 
 
Year 2041  2042  2043  2044  2045  2046  2047  2048  2049  2050  
Projected 
Increases 
(California)  0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 
Projected 
Increases 
(Nationally)  0.38 0.38 0.39 0.39 0.40 0.40 0.41 0.42 0.42 0.43 
2016 State 
SIP Strategy 
Projected 
Reductions  40.9 42.1 43.3 44.3 45.2 46 46.7 47.4 48.1 48.8 
As outlined in Table VII -2, for every year modeled, the projected GHG emission 
reductions from the 2016 State SIP Strategy are considerably higher than the 
projected loss in GHG benefits from the Proposed Amendments for both California  
VII-215 and n ationally . Therefore, staff concludes no changes to the significance 
determinations evaluated in the Final EA would result from these Proposed 
Amendments, since the 2016 State SIP Strategy measures would continue to confer 
substantial GHG benefits, collectively and on a yearly basis . 
D. Analysis  
1. Legal Standards  
When considering a subsequent action arising from a program for which a 
substitute document equivalent to an EIR or negative declaration had previously been prepared, CARB looks to the CEQA Guidelines  for guidance on the 
requirements for subsequent or supplemental environmental review.  
CEQA Guidelines section 15168 states, that, when a Program EIR has been prepared for a project:  
(c)  … Later activities in the program must be examined in light of the 
program EIR to determine whether an additional environment al document 
must be prepared.  
(1)  If a later activity would have effects that were not examined in the program EIR, a new initial study would need to be prepared leading to either an EIR or a negative declaration . That later analysis may tier 
from the pro gram EIR as provided in Section 15152.  
(2)  If the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.  
(CEQA Guidelines § 15168(c).)  
CEQA Guidelines  section 15162, in turn, states:  
(a) When an EIR has been certified or a negative declaration adopted for a 
project, no subsequent EIR shall be prepared for that project unless the lead 
agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: … 
(2) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration du e to the 
involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;  
(3) Substantial changes occur with respect to the circumstances under which the project is undertaken which w ill require major revisions of 
the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the 
severity of previously identified significant effects; or   
VII-216 (4) New information of substanti al importance, which was not known and 
could not have been known with the exercise of reasonable diligence 
at the time the previous EIR was certified as complete or the negative 
declaration was adopted, shows any of the following:  
(A) The project will have one or more significant effects not discussed 
in the previous EIR or negative declaration;  
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;  
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce 
one or more significant effects of the project, but the project 
proponents decline to adopt the mitigation measure or 
alternati ve; or  
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would 
substantially reduce one or more significant effects on the 
environment, but the project proponents decline to adopt the 
mitigation measure or alternative.  
As described above, if an agency finds that pursuant to Section 15162, no 
subsequent EIR would be required, the agency can approve the activity as 
being within the scope of the project covered by the programmatic 
environmental analysis . In this case, CARB has determined that the Proposed 
Amendments are within the scope of the 2016 State SIP Strategy ’s Final EA . As 
described above, the Final EA expressly included the Proposed Amendments as one of its measures, and it considered t he potential impacts of the P roposed 
Amendments.  
2. Basis for Determination  
As noted above, CARB has determined that the Proposed Amendments are within the scope of the SIP Strategy Final EA . The Final EA expressly included 
the Proposed Amendments as one of its measures, and it considered the 
potential impacts of the P roposed Amendments. CARB has also determined 
that the Proposed Amendments do not involve any changes that result in any 
new significant adverse environmental impacts or a substantial increase in the severity of the significant adverse impacts previously disclosed in the Final EA . 
Further, there are no changes in circumstances or new information that would 
otherwise warrant any subsequent or supplemental environmental review . The 
Final EA adequately addresses the implementation of the Consumer Products 
Regulation as modified by the P roposed Amendments , and no additional 
environmental analysis is required .  
Applying the factors set forth in CEQA Guidelines section 15162, CARB’s 
determination that none of the conditions requiring further environmental  
VII-217 review are triggered by the Proposed Amendments is based on the following 
analysis.  
(2) There are no substantial changes to the Consumer Products Regulation 
measure previously analyzed in the Environmental Analysis which require major 
revisions to the Environmental Analysis involving new significant environmental 
effects or a substantial increase in the severity of previously identified effects.  
The Proposed Amendments establish the lowest technically feasible VOC 
standards , and include several other measures to improve program 
transparency, enforceability, and effectiveness, falling within the scope of the 2016 State SIP Strategy . The goal of the “Consumer Products 
Program” measure in the 2016 State SIP Strategy was to maintain the 
reduction of ROG emissions from consumer products in light of 
population growth, and the Proposed Amendments are projected to meet the 2016 State SIP Strategy VOC reduction commitment of 1 -2 tpd 
by 2023 and 4- 5 tpd by 2031 in the South Coast , and by 8-10 tpd 
statewide by 2031 . As described in section VII(B) above, no new 
manufacturing facilities, construction, or infrastructure development would be needed to accommodate the changes resulting from these 
Proposed Amendments. The Proposed Amendments do not alter the 
reasonably foreseeable compliance responses stated in the Final EA.  
(3) There are no substantial changes with respect to the circumstanc es under which 
the Consumer Products Regulation is being undertaken which require major 
revisions to the previous Environmental Analysis involving new significant 
environmental effects or a substantial increase in the severity of previously 
identified effects.  
There are no substantial changes to the environmental setting or 
circumstances in which the Proposed Amendments are being implemented compared to those analyzed  for the consumer products 
measure in the Final EA . As previously stated, the Proposed 
Amendments will mitigate growth of  consumer p roduct ROG emissions 
as California’s population increases. Evaluation of the 2015 Consumer 
and Commercial Products Survey data showed that consumer product ROG emissions are over 20 percent higher than the previous consumer 
product emissions inventory due to a higher -than-anticipated growth in 
sales of the “ Personal Care Product ” sector. The Proposed Amendments 
address growing consumer product emissions by proposing new or lower  
VOC standards for “ Personal Care Product ” categories that are 
responsible for significant VOC emissions, such as hair care categories and “Personal Fragrance Product. ” 
HFC-152a may potentially be used as a reformulation pathway for “Dry 
Shampoo, ” “Persona l Fragrance Product, ” and “Hair Finishing Spray ,” 
which could result in slightly increased GHG emissions, as discussed above in section C, compared to existing GHG emissions from the 
consumer products sector. However, as discussed in section C, this will  
VII-218 only result in minor decreases in  the substantial GHG benefits provided 
by the 2016 State SIP Strategy overall (of which this proposed consumer 
products action is a part) . As noted above, the Final EA determined that 
measures from the 2016 State SIP Strategy , when taken together,  would 
have considerable long -term GHG reductions . Even with the Proposed 
Amendments, the 2016 State SIP Strategy would continue to achieve 
very substantial GHG benefits.  
The Proposed Amendments also include a revision to the Innova tive 
Product Exemption criteria to encourage the use of compressed gas 
propellants such as compressed air, carbon dioxide, and nitrogen propellants, which are responsible for negligible amounts of ozone formation due to  their zero ozone -form ing potential . These compressed 
gas propellants also have no toxicity and very low to zero global warming potential in comparison to HFC -152a, which has a GWP of 124. Many 
manufacturers are moving to minimize their carbon footprint, and have expressed interest in utilizing compressed gas propellants. This 
mechanism allows manufacturers to create a product that utilizes 
compressed gas propellant to exceed the applicable VOC standard 
(based on weight percent) if it can be demonstrated that the product emits an equivalent ma ss of VOC as a representative compliant product 
in the same category that utilizes an HFC -152a propellant . CARB’s intent 
for this provision is to encourage manufacturer research, development, 
marketing, and consumer acceptance of a greater diversity of aerosol 
products utilizing compressed gas propellants, by addressing a 
disincentive, described in Chapter III, for their use under  the current 
regulatory paradigm.  
In order for California to meet its air quality and climate challenges in the 
years ahead, it will be critical to further develop innovative technologies 
that reduce both greenhouse gas and smog -forming emissions. While the 
technical challenges remain for many consumer product categories, compressed gas propellants have the potential over the next d ecade to 
become a feasible alternative to HFC -152a . A feasible zero -emission 
alternative to HFC -152a propellant would enable CARB to restrict or 
prohibit the use of HFC -152a as a propellant, while maintaining progress 
made in lowering consumer product VOC content.  
(4) There is no new information of substantial importance, which was not known 
and could not have been known with the exercise of reasonable diligence at the 
time the previous Environmental Analysis was certified as complete, that 
changes the conclusions of the Environmental Analysis with regard to impacts, 
mitigation measures, or alternatives;  
The Proposed Amendments do not result in any changes to the 
conclusions found in the Final EA with regard to impacts, mitigation measures, or alternatives. Although  the possible reformulation pathways 
for “Dry Shampoo, ” “Personal Fragrance Product, ” and “Hair Finishing 
Spray” have the potential to increase the use of HFC -152a, leading to  
VII-219 slightly increased GHG emissions, the Final EA determined that the 2016 
State SIP Strategy would continue to have considerable long -term GHG 
reductions . Therefore, increased use of HFC -152a would only result in a 
slight decrease in the project’s overall projected GHG reductions , as 
shown in Table VII -2. Thus, the 2016 State SI P Strategy would still result 
in a GHG benefit , as concluded in the Final EA.  
No supplemental or subsequent environmental analysis is required for the 
Proposed Amendments because, as described above, the Proposed 
Amendments do not result in any new signifi cant environmental impacts or 
in a substantial increase in the severity of the impacts previously disclosed 
for the Consumer Products Regulation in the Final EA . Further, there are no 
changes in circumstances or new information that would otherwise warrant  
any additional environmental review.  
  
VIII-220 VIII. Environmental Justice  
State law defines environmental justice as the fair treatment and meaningful 
involvement of people of all races, cultures, incomes, and national origins, with 
respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies (Gov. Code, § 65040.12, subd.  (e)(1)) . 
Environmental justice includes, but is not limited to, all of the following: (A) The 
availability of a healthy environment for all people . (B) The deterrence, reduction, 
and elimination of pollution burdens for populations and communities experiencing 
the adverse effects of that pollution, so t hat the effects of the pollution are not 
disproportionately borne by those populations and communities. (C) Governmental 
entities engaging and providing technical assistance to populations and communities most impacted by pollution to promote their meaning ful participation 
in all phases of the environmental and land use decision making process. (D) At a 
minimum, the meaningful consideration of recommendations from populations and communities most impacted by pollution into environmental and land use decisio ns 
(Gov. Code, §  65040.12, subd. (e)(2)). The Board approved its Environmental 
Justice Policies and Actions (Policies) on December 13, 2001, to establish a 
framework for incorporating environmental justice into CARB's programs consistent 
with the directive s of State law (CARB 2001). These policies apply to all 
communities in California, but are intended to address the disproportionate environmental exposure burden borne by low -income communities and 
communities of color. Environmental justice is one of CARB ’s core values and 
fundamental to achieving its mission.   
As described in Chapter VI, CARB, local air districts, and federal air pollution control  programs have made substantial progress toward improving air quality in 
California over the past thirty years . Despite this progress, many areas in California 
still exceed federal health -based ozone standards. California has 10 of the nation’s 
11 ozone nonattainment areas classified “m oderate ” or higher for the 0.070 ppm 
NAAQS . The South Coast has the highest ozo ne levels in the nation,  and is 
classified as “e xtreme ” for the 0.70 ppm NAAQS . 2015 Consumer Product s Survey 
data indicates that, as consumer product usage and resulting emissions continue to grow, consumer products have surpassed cars and light trucks as the lar gest source 
of ROG  emissions in California . Additional strategies to reduce consumer product 
emissions are critical to ensure that all California communities – particularly those 
already disproportionally impacted by ozone pollution – make progress toward 
achieving federal health- based ozone standards.  
Staff has determined that the amendments proposed in this rulemaking are 
consistent with CARB’s environmental justice policies. The Proposed Amendments 
would achieve about 1.25  tpd VOC reductions by 2023 and 4.0 3 tpd reductions by 
2031 in the South Coast . The primary purpose of proposed new or lower VOC 
standards is to  expedite attainment of health- based ozone  standards in the South 
Coast . The South Coast  is home to 67 percent of California’s 2,007 census tracts 
identified as disadvantaged communities , pursuant to the requirements of   
VIII-221 California Senate  Bill 535.9  Use of certain TACs and compounds with high GWP 
would also be prohibited in the seven categories subject to lower VOC standards.  
Many of the proposals are also designed to improve compliance  with the consumer 
products program as a whole, to e nsure that the VOC reductions and associated  
health benefits are actually achieved . One of these proposals is geared  to prevent 
sales of “ Energized Electrical Cleaner ” for use in automotive maintenance and 
repair activities . As described in Chapter III, this measure would reduce emissions 
of perchloroethylene and trichloroethylene by 8.9 to 39.4 tons per year, with these 
reductions anticipated to occur at  automotive maintenance and repair facilities . 
These emission reductions could result in reduced health risk from air toxics 
inhalation, particularly among those repairing or maintaining automobiles. While 
the Proposed Amendments to restrict “ Energized Electrical Cleaner ” sales would 
provide benefits statewide, staff anticipate s these benefits could be particularly 
pronounced in low -income communities with larger numbers of automotive 
maintenance and repair facilities.  
Perchloroethylene and trichloroethylene also ha ve the potential to seep into 
groundwater and impact drinking water safety. As off -label sales and uses of 
perchloroethylene and trichloroethylene decline due to the Proposed 
Amendments, a co -benefit of the Proposed Amendments could be that runoff 
automobile  maintenance and repair activities could decline . Such a decline could 
provide benefits to disadvantaged communities . An evaluation of California census 
tracts with perchloroethylene and trichloroethylene maximum contaminant levels 
(MCL) that exceed  National Primary Drinking Water Regulations standards indicate 
that water concentrations of these two contaminants exceeding MCLs 
disproportionately occur in disadvantaged communities  (CalE nviroScreen 3.0;  
2018) . Of the 43 census tracts in the state with t richloroethylene  concentrations 
above the MCL, 25 (or 58 percent) are SB 535 disadvantaged communities. Of the 
35 census tracts that are above the MPL for perchloroethylene, 22 (or 63 percent) 
are SB 535 disadvantaged communities. Given that disadvantaged communities  
represent about 25 percent o f the state’s census tracts, this analysis indicates that 
perchloroethylene and trichloroethylene  levels in drinking water above the MCL 
occur disproportionately in disadvantaged communities.    
Generally, use of consumer products is fairly uniform across the State, tracking with 
housing units, and their emissions are spread over the course of a day, rather than concentrated at a particular time of day. For these reasons, we believe that 
reducing emissions from the use of consumer products and aerosol coatings would 
benefit all Californians . We do not expect any communities, regardless of location, 
to be disproportionally impacted by adoption of the P roposed Amendments.  
 
                                                      
9 Disadvantaged communities are defined as the top 25 percent scoring areas (census 
tracts) from CalEnviroScreen 3.0, along with other areas with high amounts of pollution and 
low populations .  (CalEnviroScreen 3.0, 2018).   
IX-222 IX. Economic Impact Assessment  
This chapter describes the economic impacts that would be expected from 
implementation of the Proposed Amendments.  
The Proposed Amendments would set new or lower VOC standards for seven categories of consumer products – “Manual Aerosol Air Freshener, ” “Hair Finishing 
Spray, ” “Dry Shampoo, ” “Hair Shine, ” “Temporary Hair Color, ” “Personal 
Fragrance Product, ” and aerosol “Crawl ing Bug Insecticide .”  The Proposed 
Amendments would also sunset the Two Percent Fragrance Exemption for most 
products , and amend or add other provisions to improve program clarity and 
effectiveness, including amendments to Method 310, the testing pr ocedure for the 
Consumer Products Regulations.  
CARB staff’s economic analysis focuses on the estimated costs that may be 
incurred to comply with the Proposed Amendments, including  the proposed new 
and lowered VOC standards and proposed sunset of the Two Percent Fragrance 
Exemption . Staff anticipated there ar e no costs associated with other provisions to 
improve program clarity and effectiveness, or with the Proposed A mendments to 
Method 310,  because those modifications are administrative in nature.  
Staff evaluated the estimated cost impacts of the Proposed Amendments on 
manufacturers of these products and other entities associated with the consumer 
products industry, and from that information, estimated the cost- effectiveness of 
the Proposed Amendments. Because cost -effectiveness is based on cost -per-ton of 
VOC reduced, staff has presented cost -effectiveness information in this metric.  
Staff’s  analysis also provides an estimate of the fiscal impacts of the Proposed 
Amendments on State and local agencies. These potential fiscal impacts would be 
costs incurred by State agencies to administer, enforce, or comply with the proposal . Staff does not expect the Proposed Amendments to impose any costs on 
local agencies . Both State and local agencies may achieve  a slight fiscal benefit due 
to potential increased sales taxes,  and savings associated with improved health 
from the Proposed Amendments.  
Economic impact analyses are inherently imprecise, given the unpredictable behavior of companies in a highly competitive market like that of consumer products . While staff has quantified the economic impacts to the extent feasible, 
some projections are necessarily qualitative, and based on general observations and facts known about the consumer products industry . This analysis, therefore, 
serves to provide a general picture of the economic impacts typical businesses might encounter . Individual companies may experience different impacts than 
projected.  
This Chapter provides the following information:  
A. Summary of Economic Impacts;  
B. Major Regulation s; 
C. Regulatory Alternatives   
IX-223 D. Cost of Compliance;  
E. Impacts on California Businesses, Consumers, and State and Local Agencies;  
F. Other Possible Economic Impacts of Regulatory Changes; and  
G. Mitigation of Potential Impacts . 
This economic impacts analysis was conducted in accordance with the legal 
requirements of the Administrative Procedure Act (APA) , as well as SB 617 and 
California Department of Finance (DOF) requirements (CLI, 2019b; and DGS, 
2019) .10  Similar methodologies  and assumptions were used in past consumer 
products rulemakings and remain reasonable, because the facts giving rise to those 
assumptions have not changed  (CARB, 2009; CARB, 2010; and CARB, 2013).  
A. Summary of Economic Impacts  
In this section, staff  summarize s the economic impacts that would be expected 
from implementation of the Proposed Amendments . The analysis focuses on 
estimated costs associated with complying with the proposed VOC standards  and 
sunset of the Two Percent Fragrance Exemption. Section F of this chapter 
describes additional potential cost impacts of  Proposed Amendments to the 
definition of “Energized Electrical Cleaner.”  This chapter does not include cost 
estimates for other elements of the Proposed Amendments, as these are of an 
administrative nature and should  not result in costs. The total estimated costs are 
for the Proposed Amendments as a whole.  
Businesses that manufacture consumer products that do not already comply with 
the proposed VOC standards  would incur costs to reformulate their products . The 
Proposed  Amendments would require manufacturers of the seven categories for 
which staff propose to set new or lower VOC standards to reformulate to reduce 
the VOC content of their products  and to  comply with eliminat ion of  a 
longstanding exemption for up to two percent of fragrances above the standard in 
most consumer product categories.  
Staff has estimated that the total  cost to comply with the proposed standards  is 
about $18 million per year for all products covered by the proposed standards . The 
total cost to comply with the proposed standards  amounts to approximately $ 268 
million (in 2020 dollars) over 15  years . This cost includes both recurring (e.g., raw 
materials) and non- recurring (e.g., research and development) costs, and is 
estimated based on calculations  specific to each category and described further in 
Appendix D and Appendix E . Table IX- 1 shows the estimated annual cost of the 
proposed amendments.  
  
                                                      
10 The current economic downturn is accounted for in the economic analysis based upon the U.S. 
Economic Outlook for 2020 -2022 from the University of Michigan’s Research Seminar in 
Quantitative Economics (UMich, 2020).   
IX-224 Table IX -1: Total Direct Recurring and Non -Recurring Cost of Proposed 
Amendments*  
Year Manual 
Aerosol Air 
Freshener  Hair 
Finishing 
Spray  Hair Shine  Temporary 
Hair Color  Dry 
Shampoo  Personal 
Fragrance 
Product  Aerosol 
Crawling 
Bug 
Insecticide  Sunset Two 
Percent 
Fragrance 
Exemption Annual Total  
2020  $0 $0 $0 $0 $0 $0 $0 $0 $0 
2021  $3,025,806 $3,861,273 $0 $0 $1,228,760 $3,396,654 $0 $0 $11,512,493 
2022  $3,025,806 $3,861,273 $0 $0 $1,228,760 $3,396,654 $0 $0 $11,512,493 
2023  $2,312,714 $3,761,531 $0 $0 $1,638,446 $3,323,314 $0 $0 $11,027,430 
2024  $2,312,714 $3,761,531 $0 $0 $1,638,446 $3,323,314 $0 $0 $11,027,430 
2025  $5,536,558 $3,761,531 $0 $0 $1,638,446 $3,323,314 $0 $1,957,166 $16,208,440 
2026  $5,536,558 $3,761,531 $0 $0 $1,638,446 $3,323,314 $0 $1,957,166 $16,208,440 
2027  $5,001,278 $3,761,531 $408,321 $336,730 $2,700,871 $3,323,314 $0 $1,155,427 $16,678,897 
2028  $5,001,278 $3,761,531 $408,321 $336,730 $2,700,871 $3,323,314 $1,519,725 $1,155,427 $18,198,622 
2029  $5,001,278 $3,761,531 $412,857 $331,296 $2,745,733 $17,470,347 $1,519,725 $1,155,427 $32,389,618 
2030  $5,001,278 $3,761,531 $412,857 $331,296 $2,745,733 $17,470,347 $1,134,213 $1,155,427 $32,004,106 
2031  $1,975,472 -$99,742 $412,857 $331,296 $1,516,972 $12,806,970 $1,134,213 $1,155,427 $19,224,890 
2032  $1,975,472 -$99,742 $412,857 $331,296 $1,516,972 $12,806,970 $1,134,213 $1,155,427 $19,224,890 
2033  $1,975,472 -$99,742 $412,857 $331,296 $1,516,972 $12,806,970 $1,134,213 $1,155,427 $19,224,890 
2034  $1,975,472 -$99,742 $412,857 $331,296 $1,516,972 $12,806,970 $1,134,213 $1,155,427 $19,224,890 
2035  -$1,248,372 -$99,742 $412,857 $331,296 $1,516,972 $12,806,970 $1,134,213 -$801,739 $14,043,880 
TOTALS $48,408,781 $37,316,084 $3,706,643  $2,992,532  $27,489,374 $125,708,735  $9,844,729  $12,356,007 $267,711,410  
*Reflects the total of annual recurring and annualized non- recurring costs identified in Tables IX -3 
through IX -6. Annualized non- recurring costs are assumed to begin two years prior to the 
applicable implementation date and continue for ten years, while annual recurring costs are 
assumed to begin on the applicable implementation date and continue indefinitely . All costs are in 
2020 dollars.  
B. Major Regulations  
In Health and Safety Code section 57005(b), t he California Environmental 
Protection Agency (Cal EPA) defines a  “major regulation” as any regulation that will 
have an economic impact on the State’s business enterprises in an amount 
exceeding $10 million per year, as estimated by the board, department, or office 
within the agency proposing to adopt the regulation in the assessment required by 
Government Code section 11346.3(a) . This proposal is not considered a major 
regulation under  Cal EPA’s definition because staff does not expect the economic 
impact to the State’s economy  to exceed $10 million in any year.  
Separately, in California Code of Regulations, title 1, section 2000(g), t he 
Department of Finance (DOF) defines a major regulation as a regulation subject to Office of Administrative Law  review that has  an estimated economic impact on  
business enterprises and individuals located in or doing business in California 
exceeding $50 million in any 12- month period between the date the regulation is 
estimated to be fil ed with the Secretary of State through  12 months after the 
regulation is estimated to be fully implemented , as estimated by the agency . This 
proposal is not considered a major regulation under  DOF ’s definition because staff  
IX-225 does not estimate an economic impact exceeding $50 million in any 12- month 
period.  
C. Regulatory Alternatives  
Staff evaluated three alternatives: more stringent standards , less stringent 
standards , and standards  based on reactivity for certain product categories (see 
Chapter X :  Evaluation of Regulatory Alternatives ). No alternative considered by the 
agency would be more effective in carrying out the purpose for which the 
amendments are proposed , or would be as effective as and  less burdensome to 
affected private persons than the  Proposed Amendments.  
D. Costs of Compliance  
The total cost to comply with the proposal requires an estimation of the recurring 
and nonrecurring costs that would be expended to reformulate and bring a product to market relative to the baseline of officially i ncorporated current 
regulations. Recurring costs for this analysis are those associated with the cost of 
the raw materials  needed for reformulation and continued use of new formulas in 
consumer products . Nonrecurring costs are one- time costs associated with 
research, development, and plant changes that may be necessary to develop a reformulated complying product. Staff amortized  nonrecurring costs over a project 
horizon of ten years. Summing the annual recurring and amortized nonrecurring 
costs represent s the total cost to reformulate a product. Staff then uses the total 
recurring plus nonrecurring cost to estimate the potential cost per unit increase to 
the consumer and  the cost effectiveness of the Proposed Amendments. All costs 
are in 2020 dollars, unless otherwise indicated.  
There are many variables in producing a product for market, and assumptions about those variables will greatly affect the outcome of any cost analysis . For each 
assumption, staff applied a test of “reasonableness” to determine if t his was a likely 
approach to take, or if the event had a high probability of occurring . The following 
section presents the estimated cost to comply with the Proposed Amendments.  
 Sunset of the Two Percent Fragrance Exemption  
The proposed elimination of the Tw o Percent Fragrance Exemption differs from the 
category- specific VOC standards described above because it would require less 
extensive reformulation across a greater number of product categories . Staff’s 
evaluation of 2015 Consumer Product s Survey data indicates that the vast majority 
of regulated products do not use this exemption, and many of the products that do utilize the exemption use only a small fraction of the allowable two percent 
fragrance over the applicable standard  (CARB Work  Group  Meeting , 2020) . For 
more information, see Appendix B: Utilization of Two Percent Fragrance 
Exemption.  
   
IX-226 
 Recurring Costs  
a. M ethodology 
Recurring costs to comply with the  proposed VOC standards reflect the differential 
cost of product ingredients . Staff has determined that other potential recurring 
costs of the  proposed VOC standards, such as packaging, distribution, or delivery 
system modifications, are negligible relative to baseline levels of these costs . Staff 
believes this assumption is valid because discussions with industry stakeholders 
suggest that the Proposed Amendments should not require significant packaging 
or delivery system modifications . Proposed Manual Aerosol Air Freshener VOC 
standards represent an exception to this assumption, as a transition to compressed 
gas propellants c ould result in different product packaging, labeling , storage, 
delivery,  and other costs . However, staff discussions with industry leaders indicate 
that there is no clear net recurring cost differential for produ cts that use 
compressed gas propellant relative to those using hydrocarbon propellant beyond lower product ingredient costs .  
As part of the economic impact analysis, staff evaluated the expected raw material cost impacts from complying with the proposed VOC standards . Using the data 
from the 2015 Consumer Products Survey, staff identified typical compliant and noncompliant formulations in each category. For each category, staff estimated a 
“low cost” and “high cost” for product ingredients. To assign cost s, distributor-
level ingredient prices from ICIS Chemical Business  website, chemical materials 
distributors, and industry stakeholders are used to calculate the total ingredient costs for baseline and compliant product formulations . Low and high ingredient  
cost scenarios are calculated for each category (ICIS, 2012) . In the low -cost 
scenario, the cost per pound of product is calculated using the low end estimate of each ingredient cost . In the high- cost scenario, the high- end estimate of each 
ingredient cost is used.  
b. Results  
Information on estimated product ingredient costs and formulations evaluated 
(with individual weight fractions and unit prices per pound) are shown in Appendix 
D: Recurring Cost  Estimates . The identified formulations are not exact 
compos itions of existing noncompliant products and compliant products that will 
be marketed . Rather, staff evaluated formulations of complying and noncomplying 
products for each category for which a new VOC standard is proposed . These 
formulations were then used  to develop example, non- confidential formulas that 
are representative of the category. Staff believes these to be reasonably 
representative for the purposes of this analysis. These representative complying 
and noncomplying formulas for each category are used to estimate the cost of raw materials to produce each formulation . The difference in cost between a pound of 
ingredients for a typical product that would not comply with the Proposed Amendments and a product that would comply is then calculated . These 
differential costs are shown in Table IX -2. 
In some cases, the compliant formula is less expensive than the typical formula that would not comply with the proposed standard . This is true, for example, when a  
IX-227 more expensive VOC ingredient is replaced with a  lower -cost LVP -VOC ingredient 
or with water, resulting in both a reduction in cost and VOC content .  
Table IX -2:  Estimated Change in Ingredient Costs per Unit*  
Category  
Category  Formula Cost 
per Unit  Ingredient 
Cost per Unit  Formula 
Cost per 
Unit Formula 
Cost per  
Unit Ingredient Cost 
Differential  
Per Unit  
Noncomplying 
Low (A 1) Noncomplying 
High (A 2) Complying 
Low (B 1) Complying 
High (B 2) Low 
(C1=B 2-A2) High  
C2=B 1-A1) 
Manual Aerosol 
Air Freshener - 
Tier 1  $0.14  $0.22  $0.10  $0.16  -$0.06  -$0.04  
Manual Aerosol 
Air Freshener - 
Tier 2  $0.10  $0.16  $0.07  $0.12  -$0.04  -$0.03  
Hair Finishing 
Spray  $0.56  $0.70 $0.56  $0.70  -$0.01 $0.00  
Hair Shine 
(aerosol)  $0.42  $0.50  $0.43  $0.51  $0.01  $0.02 
Temporary Hair 
Color  $0.09  $0.12  $0.09  $0.12  $0.00  $0.00  
Dry Shampoo - 
Tier 1  $0.26  $0.40  $0.44 $0.56 $0.16 $0.17 
Dry Shampoo - 
Tier 2  $0.44 $0.56 $0.46  $0.58  $0.02 $0.02 
Personal 
Fragrance 
Products - 
(Aerosol)  Tier 1 $0.19  $0.28  $0.17 $0.26  -$0.02  -$0.01 
Personal 
Fragrance Products - 
(NonaerosTier 1 
ol) $0.16  $0.26  $0.16  $0.26  $0.00  $0.00  
Personal 
Fragrance Products - 
(Aerosol)  Tier 2 $0.17  $0.26  $0.22  $0.31  $0.04 $0.05  
Personal 
Fragrance Products - 
(NonaerosTier 2 
ol) $0.19  $0.31  $0.16  $0.27  -$0.04  -$0.03  
Aerosol 
Crawling Bug 
Insecticide  $0.15  $0.25  $0.12  $0.20  -$0.05  -$0.03  
* The values in this table have been rounded for readability . However, the values used for 
calculations were not rounded.   
IX-228 Finally, the calculated average total recurring cost per proposed regulatory 
standard is calculated based upon the annual California unit sales multiplied by the 
average of the low end of incremental cost per formula that would comply with the 
proposed standard and the high end of the incremental cost per formula that would comply with proposed standards . These calculations are also illustrated in 
Table IX-3. 
Table IX -3:  Total Estimated Annual Recurring Cost*  
Category  
 
Category  
Category  Annual California 
 Noncomplying Unit 
Sales**  Total 
Low Annual Recurring Cost Per Category  
High  Average  
D E1 = D X C 1*** E2 = D X C 2*** E3 = (E 1 + E 2)/2 
Manual Aerosol Air 
Freshener - Tier 1 14,836,771  -$881,861  -$544,324  -$713,092  
Manual Aerosol Air Freshener - Tier 2 16,470,155  -$612,484  -$458,076  -$535,280  
Hair Finishing Spray  23,278,831  
-$164,861  -$34,624  -$99,742  
Hair Shine (aerosol)  337,998  $3,393  $5,678  $4,536  
Temporary Hair Color  2,026,596  -$7,301  -$3,567  -$5,434  
Dry Shampoo - Tier 1 2,424,177  $397,376  $421,996  $409,686  
Dry Shampoo - Tier 2 2,432,333  $39,180  $50,543  $44,861  
Personal Fragrance 
Products - Tier 1 (aerosol)  6,160,087  -$103,605  -$82,468  -$93,037  
Personal Fragrance 
Products - Tier 1 
(nonaerosol)  29,180,685  -$1,915  $41,309  $19,697  
Personal Fragrance 
Products - Tier 2 (aerosol)  11,616,514  $518,169  $573,493  $545,831  
Personal Fragrance 
Products - Tier 2 
(nonaerosol)  50,957,013  -$2,122,872  -$1,502,235  -$1,812,554  
Aerosol Crawling Bug 
Insecticide  9,961,540  -$475,165  -$295,858  -$385,512  
* The values in this table have been rounded for readability . However, the values used for 
calculations, were not rounded.  
** Reflects sales in the first calendar year of proposed standard implementation. Sales are based on 
2015 Consumer Product s Survey results and grown based upon California Department of Finance 
growth factors for the applicable category.  
 *** Value s for C1 and C2 are calculated in Table IX -2: Estimated Change in Ingredient Cost per Unit.   
IX-229 c. Recurring Costs of Fragrance Exemption Sunset  
To determine anticipated recurring cost to sunset  the Two Percent Fragrance 
Exemption, staff evaluated the potential cost differential of ingredient substitution 
anticipated to occur. Staff assumed that manufacturers that must reformulate due 
to the elimination of this exemption would either substitute fragrance ingredients 
classified as VOCs with non- VOC fragrance ingre dients, or substitute non- fragrance 
VOC ingredients with non- fragrance non -VOC ingredients.  
CARB utilized the results of the 2020 Cost Survey to inform this analysis. Thirty-
seven percent of 2020 Cost Survey respondents indicated that they would comply 
with a fragrance exemption elimination by reducing fragrance ingredients, while 
63 percent of respondents indicated that they would reduce other VOC content . 
Staff’s analysis, whose results are shown in Table IX -4, below, indicate an annual 
cost savings of about $800,000 (in 2020 dollars) due to lower average ingredient 
costs for complying products . This is due to the savings accrued by substitution of 
fragrance ingredients, typically the most costly ingredient in most consumer products, with a generic, less c ostly, non -VOC ingredient . These savings would be 
accrued by product manufacturers and potentially passed on to customers, and, to the extent that these fragrances derive from third party fragrance vendors, the $800,000 in annual savings would represent po tential lost fragrance sales for 
fragrance vendors.  
The assumed low and high cost of fragrance and “Generic Non- VOC Ingredient ,” 
identified in Table IX-4 , below, have been evaluated and determined to be 
reasonable by industry stakeholders.  
Table IX -4:  Recurring Cost to  Sunset  the Two Percent Fragrance Exemption  
Component Low Cost 
$/lb. High Cost 
$/lb. 
Fragrance VOC  $7.00  $17.00  
Generic non- VOC Ingredient  $1.00  $1.50  
Fragrance Incremental Cost ($/lb)  -$6.00  -$15.50  
Average Fragrance Incremental Cost ($/lb)  (A) -$10.75$9.25 
Mass Using Fragrance Exemption (lbs/yr)1  (B) 198,8815,068  
Percent of Fragrance 
with Non -Fragrance2  Using Exemption Replaced 
(C) 37.50% 7.50%  
Total Cost per Year (A x B x C)  -$801,73911,330 
1 – Based upon 2015 Consumer Product s Survey Data.  
2 – Based upon 2020 Cost Survey.  
 Nonrecurring Costs  
CARB staff also evaluated the one- time  costs associated with research, 
development, and infrastructure changes (i.e., up -front “non -recurring” costs) that 
may be necessary to develop a reformulated complying product. These are 
assumed to be costs incurred by product manufacturers once to reformulate  
IX-230 complying products and are independent of, and in addition to, the incremental 
cost of ingredients to produce a product (recurring costs).  
a. Methodology 
Technical literature and industry trade journals provide little information to estimate nonrecurring costs directly, due to competition in the consumer products 
industry, and production cost data specific to a company are closely guarded trade secrets . Given these challenges in identifying verifiable and unbiased cost data, 
CARB has utilized a hybrid of two complementary methodologies to estimate non -
recurring costs for the Proposed Amendments.  
The first methodology – the Chemical Engineering  Plant Cost Index method - has 
been utilized to estimate nonrecurring cost  to reformulate a product each time 
CARB has adopted or amended consumer product category VOC standards over the past 30 years. CARB has refined this approach over the years based on it s 
program implementation experience  and feedback from industry stakeholders, and 
this traditional approach to estimating non -recurring costs has been generally 
accepted by industry stakeholders, particularly over the past 15 years.  
The second methodology used to inform recurring cost estimates reflects manufacturer- derived cost estimates based upon CARB  surveys sent to product 
manufacturers in May and June 2020 (2020 Cost Survey) . These more recent 
product development cost estimates are based upon a relativ ely small percentage 
of product manufacturers , and ha ve not faced the same scrutiny a s the traditional 
cost methodology . However, responses to the 2020 cost surveys provide the 
benefit of a  more recent snapshot of potential non- recurring costs .  
Staff used a low and high cost approach for estimating non -recurring costs for each 
product category proposed for new or lower VOC standards . Total amortized low 
cost estimates are calculated by multiplying the amortized low cost per product by the number o f non -complying companies, and the total amortized high cost is 
calculated by multiplying the amortized high cost times the number of noncompliant products.  
This approach reflects the fact that new product development does not occur in isolation . Few compa nies have only one product line; for those that have more than 
one product line, the formulations of the product lines can be very similar . 
Development and production tasks, from the initial concept through marketing, would proceed simultaneously on more than one product line, with a transfer of 
information, techniques , and work -sharing between the products. For these 
companies, this “technology transfer” would substantially reduce the cost of 
developing and marketing a new product on a per -product basis.  
Staff amortized nonrecurring costs over 10 years using the Capital Recovery Method . This is a standard methodology , and it is recommended under guidelines 
issued by U.S. EPA (U.S. EPA, 2017 ). The equation below sho ws the derivation for 
the Capital Recovery Factor (CRF) , which was used to calculate the amortized cost.  
  
IX-231 Annualized nonrecurring costs = (Nonrecurring Costs) X [i(1 + i)n /((1 + i)n-1)] 
 Where:  
 i(1 + i)n /((1 + i)n-1) = Capital Recovery Factor (CRF)  
 i = discount interest rate over project horizon, %  
 n = number of years in project horizon  
 Nonrecurring Costs  = total nonrecurring cost per product  
CARB staff assumed a project horizon of 10 years, a commonly cited period for an 
investment’s useful lifetime in the chemical processing industry . Staff also assumed 
a conservative fixed interest rate of five percent throughout the project horizon . 
Based on these assumptions, the Capital Recovery Factor (CRF), as shown below, 
is: 
 CRF  = 0.05(1+0.05)10/((1+0.05)10-1) 
 = 0.05(1.63)/0.63  
 = 0.081/0.263  
 = 0.1295 (rounded)  
The equation below shows that for a given category , the estimated total 
nonrecurring costs per product is multiplied by the CRF to convert these costs into 
equal annual payments over a project horizon (i.e., the projected useful life of the 
investment) at a discount rate.  
Using the low -cost estimate for a erosol “Crawling Bug Insecticide ” from Appendix 
E: Non -Recurring Cost Estimates , the A mortized  Low Cost in Table IX- 4, Column 
A1 is:  
 Amortized Cost:  $116,917  x 0.1295 = $ 15,141  
More information regarding how total non-recurring costs were deriv ed and 
calculated can be found in Appendix E.  
b. Results  
Estimated non -recurring costs for compliance with each proposed VOC standard 
are illustrated in Table IX- 5. Amortized nonrecurring costs for the low cost scenario 
range from almost $2,000 to over $17,000 per proposed VOC standard, while 
nonrecurring costs for the high cost scenario range from about $16, 500 to over 
$40,000 per proposed VOC standard . Staff amortized  nonrecurring costs o ver ten 
years , with a conservative interest rate of five percent.  
The approach identified in Table IX -5, in which each company is assumed to incur a 
full product reformulation cost, is conservative , due to the presence of contract 
fillers . In this analysis and in the subsequent analyses on per -unit cost increases, 
staff has assumed that all manufacturers will conduct their own research and 
development, purchase their own equipment, and make all other expenditures and efforts necessary to reformulate their p roducts . Essentially, each manufacturer and 
marketer is assumed to “reinvent the same wheel” and directly conduct all of their 
own reformulation and R&D efforts . However , contract fillers, who usually conduct  
IX-232 their own reformulation efforts in house, formulate and fill products for a large 
number of consumer product marketers, and are therefore able to avoid 
duplication of reformulation efforts by applying “technology transfer” between 
product lines of different companies. The full extent to which cont ract fillers make 
products for other companies under each proposed category is unknown. However, to the extent contract fillers are used by companies to make complying products, the actual cost to comply with the Proposed Amendments for the entire 
industry  is likely to be less than predicted, resulting in more cost -effective emission 
reductions than indicated in this analysis.  
Table IX -5:  Summary of Projected Nonrecurring  Costs*  
Category  Amortized 
Cost, Low 
(A1) Amortized 
Cost, High 
(A2) Number of 
Companie s 
(B) Number 
of 
Products** 
(C) Average Total 
Amortized Annual 
Nonrecurring Cost 
[(A1*B)+(A2*C)]/2  
Manual 
Aerosol Air 
Freshener - 
Tier 1  $17,590  $40,100  34 136 $3,025,806  
Manual 
Aerosol Air Freshener - 
Tier 2  $17,590  $40,100  36 145 $3,223,844  
Hair 
Finishing Spray $4,609  $17,665  62 421 $3,861,273  
Hair Shine 
(aerosol)  $5,632  $20,093  13 37 $408,321  
Temporary 
Hair Color  $3,467  $16,490  4 40 $336,730  
Dry 
Shampoo - 
Tier 1  $5,876  $19,582  35 115 $1,228,760  
Dry 
Shampoo - 
Tier 2  $1,894  $17,267  37 119 $1,062,425  
Personal 
Fragrance Products - 
Tier 1 (aerosol)  $4,093  $16,776  11 76 $660,018  
Personal 
Fragrance Products - 
Tier 1 
(nonaerosol)  $4,093  $16,776 42 316 $2,736,636   
IX-233 Category  Amortized 
Cost, Low 
(A1) Amortized 
Cost, High 
(A2) Number of 
Companie s 
(B) Number 
of 
Products** 
(C) Average Total 
Amortized Annual 
Nonrecurring Cost 
[(A1*B)+(A2*C)]/2  
Personal 
Fragrance 
Products - 
Tier 2 
(aerosol)  $12,866  $26,806  17 122 $1,744,520  
Personal 
Fragrance Products - 
Tier 2 
(nonaerosol)  $12,866  $26,806  57 898 $12,402,512  
Aerosol 
Crawling Bug 
Insecticide  $15,141  $42,841  14 66 $1,519,725  
* The values in this table have been rounded for readability . However, the values used for 
calculations, were not rounded.  
** Reflects the number of number of non- complying product formulations.  
c. Non-Recurring Costs of the Fragrance Exemption Sunset  
To evaluate the non- recurring compliance cost to  sunset the Two Percent 
Fragrance Exemption, staf f analyzed the 2015 Consumer Product s Survey data to 
identify the mass of fragrance equal to or less than two percent above the 
applicable VOC standard in all regulated consumer product categories, as well as the number of products, number of companies, and utilization rate of the 
exemption . As with the category- specific VOC standards described above, staff 
developed a low-  and high -cost scenario, with costs based upon the 2020 
manufacturer cost survey. Staff identified two possible compliance pathways, w ith a 
low- and high -cost scenario for each.  
In the first compliance pathway, a manufacturer would need to request the VOC content of fragrance used in its products from its fragrance vendor. Staff 
discussions with fragrance suppliers and consumer product m anufacturers indicate 
that fragrance vendors already do provide fragrance VOC content to purchasers when requested, and that more widespread provision of fragrance VOC content by vendors to their clients would not pose a significant cost or challenge . If the 
fragrance were determined to have a low enough VOC content, the product would 
still comply with the applicable VOC standard  and no product reformulation would 
be necessary . Staff was able to estimate how many products and companies this 
scenario would a pply to based upon the 2015 Consumer Product s Survey data . 
Staff’s determination  is that fragrance in most categories is comprised, on average, 
of 25 percent VOC and 75 percent LVP -VOC.  
In the second compliance scenario, a product’s VOC content would dicta te that it 
must be reformulated to continue to meet the applicable VOC standard . The 2020  
IX-234 cost survey is the source of the low and high product development, testing, 
marketing , and other nonrecurring costs utilized for our analysis . The total 
estimated recurring and nonrecurring costs are provided in Table IX -6. 
Table IX -6:  
Non- Recurring Cost to S unset  the Two Percent Fragrance Exemption 
Type of Cost  Low 
(A1) High 
(A2) Number of 
Companies 
(B) Number 
of 
Products  
(C) Low High Average  
 
Cost to 
Identify VOC 
Content  $1,000  $5,000  19 134 $19,000  $670,000  $344,500  
If Reformulation is Required:  
    
Product 
Development  $5,000  $10,000  
306 515 $7,650,000  $21,887,500  $14,768,75015, 215,000  Testing $5,000  $10,000  
Market 
Research & 
Advertising $10,000  $15,000  
Other  $5,000  $7,500  
TOTAL  $25,000  $42,500  
      Total  $15,113,250  
      Amortized 
Cost $1,957,166  
Staff experience evaluating multiple years of manufacturer survey data and implementing the ACP program indicate that many manufacturers reformulate 
products or replace existing products with new offerings on a regular basis, even 
when no regulatory driver exists. Staff anticipates that the extensive compliance 
timeline (until 2031) provides an opportunity f or many manufacturers to comply 
with the proposed fragrance exemption elimination over the next ten years as new products are developed and existing products are reformulated  anyway as part of 
typical  business practices. To the degree that this occurs, compliance costs would 
be less than those identified in Table IX -6. These costs have been further reduc ed 
by staff’s proposal to  amend rather than repeal the Two P ercent Fragrance 
Exemption for categories for which a full elimination would pose  technically 
challeng es.
 
 Total Cost  
This section provides additional description of the total direct cost of compliance fo
r each consumer product category for which lower VOC standards are proposed, 
as well as for the proposed sunset of the Two  Percent Fragrance Exemption . 
Detailed recurring and nonrecurring cost tables can be found in Appendix D: Recurring Cost Estimates  and Appendix E : Non -Recurring Cost Estimates . As 
previously indicated, data regarding the number of companies, products, and product mass that e xceeds the proposed standards within each proposed category  
IX-235 is derived  from the  2015 Consumer Product s Survey, while the estimated 
compliance cost for each proposal reflects the results of the 2020 Cost Survey and 
other compliance cost estimates provided by individual product manufacturers . 
Table  IX-7 summarizes the total annualized compliance cost of proposed VOC 
standards and sunset of the Two  Percent Fragrance Exemption.  
Table IX -7:  Annualized Cost of Proposed Measures  
Category 
 Annual  Recurring 
Cost Per Category  Annualized 
Nonrecurring 
Cost Per 
Category  Annualized  
Total Cost Per 
Category 
Manual Aerosol Air 
Freshener - Tier 1  -$713,092  $3,025,806  $2,312,714  
Manual Aerosol Air 
Freshener - Tier 2  -$535,280  $3,223,844  $2,688,564  
Hair Finishing Spray  -$99,742  $3,861,273  $3,761,531  
Hair Shine (aerosol)  $4,536  $408,321  $412,857  
Temporary Hair 
Color  -$5,434  $336,730  $331,296  
Dry Shampoo - Tier 
1 $409,686  $1,228,760  $1,638,446  
Dry Shampoo - Tier 
2 $44,861  $1,062,425  $1,107,286  
Personal  Fragrance 
Products - Tier 1  
(aerosol)  -$93,037  $660,018  $566,981  
Personal Fragrance 
Products - Tier 1 
(nonaerosol)  $19,697  $2,736,636  $2,756,333  
Personal Fragrance 
Products - Tier 2  
(aerosol)  $545,831  $1,744,520  $2,290,351  
Personal Fragrance 
Products - Tier 2 
(nonaerosol)  -$1,812,554  $12,402,512  $10,589,959  
Aerosol Crawling 
Bug Insecticide  -$385,512  $1,519,725  $1,134,213  
Sunset of Two 
Percent Fragrance 
Exemption  -$801,739  $1,957,166  $1,155,427  
TOTAL  -$3,421,778  $34,167,737  $30,745,959  
a. Cost-Effectiveness  
The cost -effectiveness of a reduction strategy is generally defined as the ratio of 
total dollars to be spent to comply with the strategy (as an annual cost) to the mass  
IX-236 reduction of the pollutant(s) to be achieved by complying with that  strategy (in 
annual pounds) . The cost -effectiveness is calculated as shown by the following 
general equation:  
Cost-effectiveness = Total Annual Cost to Comply / Annual Mass Reduction in VOC  
Table IX-8 provides the estimated cost- effectiveness of the proposed measures, as 
well as estimated  cost-effectiveness of the Proposed Amendments overall.  
Table IX -8:  Cost-Effectiveness of Proposed Measures  
Product Category  Cost-Effectiveness  
(dollars/ton VOC reduced)  
Manual Aerosol Air Freshener   
Tier 1  
Tier 2  
Total  
$5,804 
$11,500 
$7,910 
Hair Care Products  
Hair Finishing Spray/Hair Shine* 
Dry Shampoo/Temporary Hair Color* 
Total   
$10,201 
$10,559 
$10,350 
Personal Fragrance Products  
Tier 1  
Tier 2  
Total   
$19,252  
$7,713 
$8,795 
Aerosol Crawling Bug Insecticide  $3,827 
Sunset of the Two Percent Fragrance 
Exemption  $10,694  
OVERALL  $8,588 
     * Com bined  cost- effectiveness values provided due to potential product category  
        overlap.  
b. Cost Per Unit  
This section provides staff’s evaluation of the potential increased cost per unit of 
product if all costs of compliance were passed onto the consumer . For th ese 
estimate s, staff assumed all recurring and nonrecurring costs are assessed only to 
the number of no ncomplying units in each category. As shown in Table IX -9, the 
cost per unit differential range from a potential cost increase of up to $0.23 per 
unit for “ Dry Shampoo  – Tier 1 ,” to a potential $0.02 per unit cost savings for 
“Aerosol Crawling Bug Insecticide ” and “Manual Aerosol Air Freshener  – Tier 1 .”  
The anticipated sales- weighted average cost per unit increase due to the Proposed 
Amendments across all seven product categories is about one cent .  
For this rulemaking, as with previous proposed a mendments for more stringent 
VOC standards , staff anticipates  consumer products reformulated to meet the 
CARB  standards will be marketed throughout the United States by product 
manufacturers . Manufacturer decisions to use national distribution networks makes  
IX-237 business sense , considering the number of other states that have, and are 
continuing to adopt, CARB ’s consumer product standards .  
Staff knows from program implementation , enforcement exper ience, and 
stakeholder feedback  that manufacturers typically manufacture and market 
California- compliant consumer products across the nation, rather than incur the 
additional cost of setting up  and implementing  a California -specific product 
distribution sy stem . This is particularly true of the largest brands , which  make up 
the bulk of consumer product sales. Major brands take care to ensure that 
customers experience the same product performance and functionality regardless 
of the state or region in which an iconic hair spray, perfume, or other product is 
purchased.  
Pricing for these nationally -sold products is increasingly driven by retailer 
competition with Amazon and other national platforms whose prices do not discriminate by location . A growing body of r esearch supports staff’s expectation 
that prices would not increase disproportionately for California consumers due to this dynamic (Cavallo, 2018; and DellaVigna & Gentzkow, 2017).  
Staff anticipates that potential increased product costs will therefore not be 
assessed only to products sold in California, but will be uniformly distributed across 
CARB -compliant products sold nationally. An expectation of national sales and 
uniform pricing of CARB -compliant products results in cost per unit estimates up to 
eight times lower (i.e ., the current ratio of California to U.S. population, or 
12.1 percent)  than if California -compliant products were sold only  in California 
(U.S. Census, 2019) . Most previous rulemakings applied a similar  California 
population  ratio to non -recurring costs  in calculating potential cost-p er-unit 
impacts (CARB, 2013) . This assumption that non -recurring costs per unit are 
applied nationally is reflected in the values in Column B (Annualized Nonrecurring Cost/Unit) in Table IX-9 , below . This factor is not applied to any other costs 
previously described in this chapter, as they are indica tive of estimated 
manufacturer compliance costs regardless of manufacturer location .  
Because of the many confidential and unpredictable factors that go into each 
manufacturer’s product pricing decisions, it is not possible to accurately determine 
the fina l retail price of products that will comply with the proposed standards when 
they become effective . This analysis is staff’s best possible estimate , utilizing the 
information available . To the extent the cost impacts are not fully passed on to 
consumers, the final cost differential per unit may be lower than suggested by this 
analysis.  
   
IX-238 Table IX -9:  Estimated Per -Unit Cost Increases from  Annualized Nonrecurring 
and Annual Recurring Costs 
Category Annual California 
Noncomplying Unit 
Sales in CA*  Annualized  
Nonrecurring 
Cost/Unit**  Annualized 
Recurring 
Cost/Unit  Total Cost 
Differential 
/Unit  
Category  A B C (B+C)  
Manual Aerosol 
Air Freshener - 
Tier 1  14,836,771  $0.02  -$0.05  -$0.02 
Manual Aerosol 
Air Freshener - 
Tier 2  16,470,155  $0.02  -$0.03 -$0.01 
Hair Finishing 
Spray  23,278,831  $0.02  $0.00 $0.02 
Hair Shine 
(aerosol)  337,998  $0.14  $0.01 $0.16 
Temporary Hair 
Color  2,026,596  $0.02  $0.00  $0.02  
Dry Shampoo - 
Tier 1  2,424,177  $0.06  $0.17 $0.23 
Dry Shampoo - 
Tier 2  2,432,333  $0.05  $0.02 $0.07 
Personal 
Fragrance 
Products - Tier 1 
(aerosol)  6,160,087  $0.01  -$0.02  $0.00 
Personal 
Fragrance 
Products - Tier 1 
(nonaerosol)  29,180,685  $0.01  $0.00  $0.01  
Personal 
Fragrance 
Products - Tier 2 
(aerosol)  11,616,514  $0.02  $0.05 $0.07 
Personal 
Fragrance 
Products - Tier 2 
(nonaerosol)  50,957,013  $0.03  -$0.04  -$0.01  
Aerosol Crawling 
Bug Insecticide  9,961,540  $0.02  -$0.04  -$0.02  
* Reflects sales in the first calendar year of proposed standard implementation.  
** Includes 0. 12 factor to account for anticipated national sales of California -compliant products.  
*** The values in this table have been rounded for readability . However, the values used for 
calculations, were not rounded.  
 
   
IX-239 E. Impacts on California Businesses, Consumers,  and State and Local 
Agencies  
Section 11346.3 of the Government Code requires State agencies to assess the 
potential for adverse economic impacts on California business enterprises and 
individuals when proposing to adopt or amend any administrative regulat ion. The 
assessment must include a consideration of the impact of the Proposed Amendments on California jobs; business expansion, elimination or creation; and 
the ability of California business to compete with businesses in other states.  
1. Potential Impact on California Businesses  
Our profitability analysis shows an insignificant change in the average profitability 
of affected businesses that manufacture consumer products if they absorbed the 
entire cost of compliance . We believe that these manufacturers wil l pass through at 
least a portion of their compliance costs to maintain profitability. To the extent that 
businesses are able to pass on the increased cost to consumers, the adverse impact 
of the proposed measures would be less than projected in this analy sis. 
Furthermore, the projected impact will be less if businesses are able to improve 
their operational efficiency, thus reducing their costs . Passing on these costs will 
not make  California products more  expensive than those of other states because 
this w ill likely be happening nationwide, due to anticipated national sales of CARB-
compliant products, as described above.  
Nonetheless, the proposed measures may impose economic hardship on some businesses with very little or no margin of profitability. These businesses can seek 
relief under the variance provisions of the consumer products regulations for extensions of their compliance dates . Such extensions may provide sufficient time 
to minimize the cost impacts to these businesses. No product form w ould be 
eliminated by these proposed amendments.  
2. Potential Impact on Business Creation, Elimination or Expansion  
The Proposed Amendments would have no noticeable impact on the status of 
California businesses . Most affected businesses are expected to be able to pass on 
the bulk of the reformulation cost to consumers in terms of higher prices for their products . However, if any of the small California businesses that reported sales to 
CARB  in surveys have little or no margin of profitability, they may lack the financial 
resources to reformulate their products on a timely basis . If the P roposed 
Amendment s impose significant hardship on these businesses, temporary relief in 
the form of a compliance date extension under the variance provision may be warranted.  
The Proposed Amendments may provide business opportunities for some 
California businesses , or result in the creation of some new businesses. California 
businesses which supply raw materials and equipment or provide consulting 
services to affected industries ma y benefit from increased industry spending on 
reformulation . However, staff’s analysis of the proposed amendments indicates that 
there will be  an insignificant impact on business growth in California as a whole . 
3. Potential Impact on Business Competitiveness   
IX-240 The Proposed Amendments would have no significant impact on the ability of 
California businesses to compete with businesses in other states. Because the 
Proposed Amendments would apply to all businesses that ma nufacture or market 
certain consumer products regardless of their location , staff’s proposal should not 
present any economic disadvantages specific to California businesses.  
Nonetheless, the P roposed Amendments may have an adverse impact on the 
competitive position of some small, marginal businesses in California if these 
businesses lack the resources to develop commercially acceptable products in a 
timely manner. As stated above, such impacts can be mi tigated to a degree with a 
justified compliance extension under the variance provisions of both the Consumer Products and the Aerosol Coating Products Regulations. For consumer products , 
additional regulatory flexibility is afforded by the IPE and  the ACP Regulation.  
4. Potential Impact on California Employment  
The Proposed Amendments are not expected to cause a noticeable change in 
California employment and payroll . Table IX- 10 presents the impact of the 
Proposed Amendments on total employment in California across all industries . The 
employment impacts represent the net change in employment, which consist s of 
positive impacts for some industries and negative impacts for others . The Proposed 
Amendments are estimated to result in a slightly negative job growth from about 
2021 to 2035, leading to slight job losses over this time period . These changes in 
employment represent less than 0.01 percent of baseline California employment . 
Table IX -10:   
Total California Employment Impacts of the Proposed Consumer Products 
Amendments  
 2021  2023  2025  2027  2030  2033  2035  
California 
Employment  21,063,390  22,603,894  23,781,436  24,725,674  24,751,214  24,853,070  25,011,299  
% Change*  0.00%  0.00%  0.00%  0.00%  0.00%  0.00%  0.00%  
Change in 
Total Jobs  -8 -19 -20 -20 -36 -19 -15 
*All figures are rounded  
5. Impacts on California Consumers  
The potential impact of the Proposed Amendments on consumers depends upon the ability of affected businesses to pass on the cost increases to consumers. 
Competitive market forces may prevent businesses from passing all of their cost 
increases on to consumers. Staff does not expect a significant change in retail 
prices  for this reason. However, for the proposed  standards  for some categories, 
businesses will likely be unable to absorb all their costs of doing business,  likely 
passing some of their cost increases on to consumers. Assuming the affected 
industry will pass on the entire compliance costs to consumers in terms of  higher 
prices, estimated average cost per unit increase for affected categories are shown 
in Table IX- 9 above . Staff estimates that the Proposed Amendments would increase  
IX-241 the cost of products in affected categories by a negligible amount to up to $0. 23 
per unit.  
The Proposed Amendments may also affect consumers adversely if they result in 
reduced performance attributes of the products . However, this scenario is unlikely 
to occur for the following reasons : First, for the proposed standards , there are 
already complying products with a market presence . Thus, the industry already has 
the technology to manufacture compliant products that satisfy consumers . Second, 
marketers are unlikely to introduce a product which does not meet their 
consumers’ expectatio ns. This is because such an introduction would be damaging 
not only to the sale of the product, but also to the brand’s reputation and thus to the sale of other products sold under the same brand name , impairing brand 
loyalty. Finally, the Board has provided flexibility under the existing consumer 
products regulations to businesses whose situations warrant an extension of  their 
compliance dates . For companies that can justify such variances, the additional 
time may afford more opportunity to explore differe nt formulation, cost- cutting, 
performance -enhancing, or other marketing strategies which can help make the 
transition to complying products nearly transparent to consumers.  
6. Potential Impacts to California State or Local Agencies  
State agencies are required to estimate the cost or savings to any State or local 
agency and school district in accordance with instructions adopted by the 
Department of Finance. The estimate shall include any non- discretionary cost or 
savings to local agencies and the cost or savings in federal funding to the State.  
a. State and Local Sales Taxes  
Sales taxes are levied in California to fund a variety of programs at the S tate and 
local level. The Proposed Amendments would alter product prices in the affected 
categories . The sale of more expensive consumer products with lower VOC content 
in California w ould result in a direct increase in sales tax revenue collected by the 
State government and passed onto local governments at a rate of approximately 4.7 percent. The average local tax rate in California is 8. 115% (CARB, 2020b) . 
Overall, State and local sales tax revenue may increase less than is projected if 
manufacturers do not raise prices to the extent identified in Table IX09 or if consumer demand is affected by changing prices. 
The Proposed Amendments would impact the cost per unit of products in each of 
the affected consumer products categories by up to $0. 23. This would result in a 
direct increase in sales tax revenue collected by the State  and local government 
(CARB,  2020b) . Sales tax revenue is split between the S tate and local governments 
on an approximate basis . Table IX- 11 shows the anticipated annual revenue to the 
State and local governments as a result of the potential increase in the price of 
consumer products e ffected  by the Proposed Amendments.  
   
IX-242 Table IX -11:  Approximate Local and State Sales Tax Revenue Anticipated from 
Proposed Amendments  
Year Local Sales Tax Revenue 
(Approximate)  State Sales Tax Revenue 
(approximate)  
2020  $0 $0 
2021  $37,285  $31,450  
2022  $74,586  $62,900  
2023  $71,906  $60,640  
2024  $71,941  $60,657  
2025  $82,070  $69,182  
2026  $94,268  $79,464  
2027  $96,861  $81,632  
2028  $109,502  $92,266  
2029  $156,857  $132,168  
2030  $199,394  $167,973  
2031  $155,864  $131,275  
2032  $118,249  $99,572  
2033  $117,959  $99,307  
2034  $117,713  $99,036  
2035  $107,277  $90,256  
b. DPR Registration  
The State government may also be affected by the proposed new standard for 
aerosol crawling bug insecticide if the cost of those products is impacted . If 
pesticide products are reformulated , or new products are created to meet the new 
proposed standard, they may be subject to registration  costs with DPR and 
U.S. EPA.  
DPR requires that pesticides be registered before being made available for 
purchase in California . If the formulation  of aerosol crawling bug insecticide 
products is significantly altered to comply with the P roposed Amendment s, it could 
result in the need to register the product with DPR again. Product manufacturers 
must pay an application fee of $1,150 for each newly reformulated aerosol crawling bug insecticide to cover the costs of DPR review (DPR, 2020) . Reformulation or 
registration costs for aerosol crawling bug insecticide could lead to those costs 
being passed on to the customer . This could directly affect State government 
agencies that purchase aerosol insecticide products for their facilities.  
DPR staff indicate that the registration process would have a negligible impact on DPR resources, as the amount of reformulated aerosol crawling bug insecticide products that would be evaluated would be spread over a period of two to three years . Staff anticipates between 60 and 70 potential applications, as shown in the 
“Number of Products” column on Table IX -5. 
   
IX-243 F. Other Possible Economic Impacts of Regulatory Changes  
In addition to the propos ed VOC standards , there are other Proposed 
Amendments to the Consumer Products Regulation, most of which are 
administrative in nature . Staff does not expect these administrative amendments to 
have any significant economic impact on af fected businesses, because the y are 
non-substantive modif ications  of existing requirements and do  not add new 
requirements . While staff does  not expect any significant economic impact from 
any of the proposals, it is possible that there could be some negligible increased 
cost to business resulting from proposed changes, specifically for products utilizing  
the two percent fragrance exemption and “E nergized Electrical Cleaner ”products.  
Two Percent Fragrance Exemption . Staff quantified possible r evenue loss to 
California -based and non -California -based fragrance vendors due the proposed 
sunset of the Two Percent Fragrance Exemption .  
• The 2015 Survey identified 178 national and international fragrance formulators 
and subsidiaries that supply fragrance for use in consumer products sold in 
California . Staff estimates that sunsetting the Two  Percent Fragrance Exemption 
would result in lost fragrance sales from these vendors totaling  $807,454 per 
year.  
• Twenty -three formulators and subsidiaries reported in the 2015 Survey are 
located in California . These California -based fragrance formulators supply 476 
pounds of fragrance per year as ingredients for use in 38 products that utilize 
the Two Percent Fragrance Exemption. The sunset would result in 
approximately $1, 919 per year in lost revenue for California -based fragrance 
vendors.  
Energized Electrical Cleaner . While this proposal would not require reformulation 
of “Energized Electrical Cleaner ”, it would have the effect of reducing sales of this 
product to automotive maintenance and repair establishments. If this product is 
replaced by what are typically less expensive alternatives, some retailers may see a 
revenue decrease, while California maintenance and repair facilities  would see 
equivalent cost savings. Staff estimates that replacement of “Energized Electrical 
Cleaner, ” which retails for $0.50 to $0.58 per ounce,  with Brake Cleaner, 
Carburetor or Fuel Injection Air Intake Cleaner, or Engine Degreaser, which 
average $0.18 to $0.43 per ounce, would cost California automotive part and 
accessory stores  (and save California -based automotive maintenance and repair 
establishments) $209,000 to $ 446,000 per year . Staff anticipates that the proposed 
“Energized Electrical Cleaner” sales record retention requirement would impose 
negligible cost s, as it would not require automotive parts a nd accessories stores to 
generate any additional data or information  other than what they already do, or to 
report anything regularly.  
G. Mitigation of Potential Impacts  
Manufacturers of consumer products could  also comply with the Proposed 
Amendments, if adopted by the Board,  through the use of the IPE , which allows a 
product to exceed the VOC standard  if it is clearly demonstrated that the 
“innovative” product will result in less VOC emissions than a complying product  
IX-244 that meets the applicable VOC standar d, and other flexibility options described 
above . 
Manufacturers of consumer products can also comply with the P roposed 
Amendments through the use of an Alternate Control Plan,  which allows emissions 
averaging of various regulated products throughout their product  lines. 
X-245 X. Evaluation of Regulatory Alternatives  
Government Code section 11346.2, subdivision (b)(4) requires CARB to consider 
and evaluate reasonable alternatives to the proposed regulatory action and provide 
the reasons for rejecting those alternatives. This section discusses the alternatives 
to the Proposed Amendments that CARB evaluated , and provides the reasons why 
these alternatives were not ultimately selected or included in the P ropos ed 
Amendments. As explained below, no alternative proposed was found to be less 
burdensome and equally effective in achieving the purposes of the regulation in a 
manner tha t ensures full compliance with the authorizing law . The Board has not 
identified a reasonable alternative that would lessen any adverse impact on small business.  
Alternative One – More Stringent VOC Standards 
Alternative One would impose more stringent VOC standards on the product 
categories identified in the Proposed Amendments, achieving greater emission benefits. Alternative One was rejected because staff’s evaluation of the 2015 
Consumer Product s Survey data , information gathered during the extensive public 
rule development process,  and discussions with public stakeholders indicate d that 
more stringent VOC standards would  not be commercially and technically feasible 
at this time . More stringent VOC content standards could also result in a 
deterioration of product efficacy and consumer acceptance . Alternative One also is 
less cost -effective than the P roposed Amendments, which have an overall cost -
effectiveness of $8,588  per ton of V OC reduced . Alternative One has an overall 
cost-effectiveness of $12,830 per ton of VOC emissions reduced.  
California Health and Safety Code section 41712 requires CARB to ensure that each new consumer product regulation is commercially and technologically  
feasible,  does not eliminate a product form, and does not reduce the efficacy of 
specified public health products. A lternative One was rejected because the 
proposed VOC content standards could result in a deterioration in the ability of affected products to provide their desired effect, resulting in products that are not acceptable or tolerated by consumers . In addition, the VOC standards proposed in 
Alternative One are technology forcing , so it is not clear that they are 
technologically feasible, and CARB  would not be able to confirm technological 
feasibility of Alternative One in time for adoption . Determining whether Alternative 
One is feasible would require that CARB conduct technical assessment s for all 
proposed categories before the standards  were adopted . Conducting simulta neous 
technical assessments for all categories in the necessary timeframe would not be 
possible for existing CARB staff, and would necessitate additional staff resources . 
Further, the Proposed Amendments are intended to help CARB implement the 2016 State SIP Strategy and help achieve the federal air quality standards for 
ozone . If the results of the needed technical  assessments were delayed , or 
indicat ed that the standards  were not technologically feasible, CARB would risk not 
achieving SIP commitments  by the statutory deadlines . 
Based upon staff’s assessment of the 2015 Consumer Product s Survey data and 
conversations with stakeholders, CARB developed the P roposed Amendments with  
X-246 emissions standards that are  more likely to obtain the maximum feasible emission 
reduction s by the required deadlines, be commercially and technologically feasible, 
and preserve product forms  and efficacy. 
Alternative Two – Less Stringent VOC Standards 
Alternative Two would impose less stringent VOC standards on the produc t 
categories identified in the Proposed Amendments, achieving fewer emission 
benefits. It also would not eliminate the Two Percent Fragrance Exemption . 
Alternative Two would have a cost -effectiveness of $16,165, which i s less cost -
effective than the Proposed Amendments.  
This alternative  was rejected because, while technically feasible, it would not 
achieve enough VOC reductions to  fulfil the 2016 State SIP Strategy VOC emission 
reduction commitment for consumer products , thereby also failing to meet the 
objective of helping to achieve the federal ozone standards . If this emission 
reduction commitment is not fulfilled , California’s 2016 State SIP Strategy for 
meeting federal ozone standards in the South Coast c ould incur an emission 
reduction shortfall . In cases where U.S. EPA has yet to approve an attainment plan 
for a nonattainment area, such a shortfall may jeopardize attainment plan approval . 
In situations where an attainment plan has already been approved by U.S. EPA and the area fails to meet the ozone standard by its mandated attainment date, a federal finding of failure to attain the ozone standard could result, as well as a federal finding of failure to implement c ommitments in an approved attainment 
plan. A failure to attain finding leads to a call for a revised attainment plan , with 
new emission reduction measures; and a finding of failure to implement commitments comes with shorter  timelines by which either the proposed measures 
or replacements must be adopted and implemented . In summary, federal findings 
and the resulting actions required would necessitate further emission reductions from consumer products . Meanwhile, California re sidents also would not benefit as 
much from improved air quality that would result from the reduction of emissions being proposed, since there would be fewer emission reductions from this alternative.  
Alternative Three – Reactivity Standards for Select Categories 
In Alternative Three , CARB would adopt product -weighted MIR (PWMIR) standards 
for "Hair Finishing Spray " and "Dry Shampoo " instead of VOC standards for those 
categories . These PWMIR standards would be established at a stringency level that 
would ac hieve ozone reductions equivalent to the VOC standards in the P roposed 
Amendments for these two categories. All other aspects of Alternative 3 would be 
the same as the P roposed Amendments, including the proposed VOC standards 
for "Manual Aerosol Air Freshener, " "Hair Shine, " "Temporary Hair Color, " 
"Personal Fragrance Product" and aerosol "Crawling Bug Insecticide, " and 
elimination of the Tw o Percent Fragrance Exemption.  
Staff rejected Alternative T hree due to potential implementation challenges . While 
CARB received many stakeholder comments during the rulemaking process requesting that CARB  consider reactivity- based approaches, a transition to 
reactivity- based standards would be  a significant deviation from CARB’s  
X-247 longstanding regulatory approach for personal care  categories . Discussions with 
industry leaders during the development of the Proposed Amendments indicate d 
that many (typically smaller) manufacturers were concerned about  how reactivity-
based standards  would work or be applied by CARB , and continued to prefer the 
continuity of VOC standards .  
Reactivity- based standards also pose implementation challenges for CARB . CARB  
staff currently does not test for a product’s reactivity directly, but must identify and 
quantify the amount of each ing redient in a product, which is then assigned a n MIR 
value from the regulation’s Table of Maximum Reactivity Values  for the purpose of 
calculating a product’s PWMIR . Laboratory procedures for quantifying  many 
consumer product ingredients, including many fragrances, do not yet exist . While 
CARB c an speciate numerous common ly-occurring  ingredients, such as ethanol and 
most propellants, full product speciation  could be challenging or infeasible for 
many products . Since r eactivity- based compliance determinations require full 
product speciation, Alternative T hree would also be more resource intensive  for 
CARB to implement than VOC- based compliance determinations . Reactivity- based 
standards would therefore require additional  time and CARB staff ing to address 
these implement ation needs .  
Finally, reactivity- based standards for  “Hair Finishing Spray” and  “Dry Shampoo ,” 
but not for other hair care categories  could result in unachieved emission 
reduction s, by increasing the incentive for these hair care products to be relabeled 
rather than reformulated  to meet applicable standards . For example, PWMIR  
standards for “Hair Finishing Spray”  and VOC standards for a “Hair Styling 
Product”  with similar label claims could result in unachieved  emission reductions if 
manufacturers merely modify their product’s label claims to be considered subject 
to a less stringent regulatory standard . CARB staff ha ve observed that 
manufacturers modify or ex pand their haircare category product label claims , which 
enable s products to fall into regulated categories with less stringent VOC 
standards, or to be exempt from VOC standards altogether. For example, CARB 
staff have seen cases where an aerosol  "Hair Styling Product" exceeds the 
applicable six percent VOC standard, but rather than reformulate to meet the six 
percent standard, the manufacturer modifies its product label claims to enable the 
product to be classified as a “ Hair Finishing Spray ,” which is subject to a 55 percent 
VOC standard . Such targeted relabeling  already occurs under  the current 
regulatory structure , and could become more prevalent if reactivity standards are 
introduced into a subset of hair care categories .  
Small Business Alternative  
During the development of the P roposed  Amendments, staff learned  that 
Alternative Two c ould lessen the impacts of the Proposed Amendments on many 
consumer product manufacturers, including small businesses.11  However, as 
                                                      
11 A Small business is defined as an independently owned and operated business that is not 
dominant in its field of operation, the principal office of which is located in California, and the 
officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of fifteen million dollars or less over the previous three years, or is a manufacturer with 100 or fewer employees (CLI, 2020) .   
X-248 previously mentioned, Alternative T wo is not proposed because it would not fulfill 
the 2016 State SIP Strategy emission reduction commitment for consumer 
products . Staff also considered a more targeted approach , to lessen potential 
adverse impacts on small businesses, such as less stringent VOC standards for small 
businesses, or for products that do not exceed a certain sales volume . Discrete 
category VOC standards based upon product sales and/or company size would be 
challenging, if not impossible, to implement, due to the sheer number of consumer 
products sold in California, and would significantly reduce transparency and clarity 
for what is already a complex regulatory paradigm.  
Performance Standards in Place of Prescriptive Standards 
The p roposed VOC standards do not  mandate the use of specific technologies or 
equipment, or prescribe specific actions or procedures , as they, as a whole, set 
emission reduction standards which may be met in multiple ways . However, out of 
an abundance of caution, CARB staff have evaluated  some provisions of the 
Proposed Amendments that may be  viewed as prescriptive  if read in isolation . First  
is the prohibition on the use of the TACs methylene chloride, perchloroethylene, 
trichloroethylene, and PCBTF. The p roposed prohibition  on the use of specific 
TACs  in consumer products is necessary to protect public health in a way that is 
transparent, clear, and predictable . A more performance -based standard would not 
achieve this objective. For example, one  performance -based standard could 
indicate that no chemical may be used if it is known to cause any of a list of potential adverse health impacts  (i.e., based upon a chemical’s adverse 
“performance”) . However, such a n appro ach does not identify the specific 
prohibited compounds ; thus, it would be co mplex , difficult to understand and thus 
comply with,  and difficult to implement . Instead, TACs are identified by the State 
of California through a rigorous scientific process based upon their potential advers e impacts (i.e ., “performance”) . Prohibition of specific TACs utilizes this 
existing scientific foundation as needed to protect public health in a clear and transparent way. It is thus necessary to prohibit specific ingredients to most 
effectively protect public health.  
Similarly, staff’s proposal to re define “Energized Electrical Cleaner” in a way that 
excludes products sold to automotive maintenance and repair facilities from this 
category could potentially be considered a prescriptive standard . However, a 
proposal to achieve staff’s  goal of reducing off -label sales and the resulting harmful 
emissions  based upon a product or specific facility performance requirement would 
be overly complex and CARB could not implement  it. For example, a restriction on 
“Energized Electrical Cleaner” an nual sales, emissions, or anticipated product 
health impacts per automotive maintenance and repair facility would be extremely cumbersome and impose significant compliance tracking costs on both CARB and affected retailers . Furthermore, CARB has already co nducted a health risk  
assessment  as part of the CARB AMR ATCM regulatory development, which  
justified CARB’s determination that perchloroethylene and trichloroethylene, the 
primary ingredients in “Energized Electrical Cleaner ,” pose an unacceptable health 
risk at automotive maintenance and repair establishments,  and are unnecessary for 
automotive maintenance and repair use . Staff therefore believes that, even if this 
proposed definition update is considered a prescriptive standard, it is necessary to  
X-249 effect ively achieve this proposal’s objectives.  
Finally, to the degree any other portion of the regulation were to be viewed as 
prescriptive, CARB staff did consider whether a performance standard simply 
setting out VOC limits would be acceptable, without furth er detailed specifications. 
Staff determined such an approach would not be feasible. As described throughout this ISOR, careful measurement and testing provisions,  and clear regulatory design 
is needed to ensure reductions occur as planned in this complex sector. Therefore, this “standard -only” approach was not feasible to achieve program objectives.  
Health and Safety Code section 57005 Major Regulation Alternatives  
The proposed regulation will not result in a total economic impact on S tate 
businesses of more than $10 million in one or more years of implementation. Therefore, this proposal is not a major regulation as defined by Health and Safety Code section 57005.   
XI-250 XI. Justification for Adoption o f Regulations Different f rom 
Federal Regulations Contained i n the Code o f Federal 
Regulations  
National Consumer Products Regulation  
On September 11, 1998, U.S. EPA promulgated a national consumer products 
regulation, the “National Volatile Organic Compound Emission Standards for 
Consumer Products” (40 CFR Part 59, Subpart C, sections 59.201 et seq.)  (U.S. 
EPA, 1998) . This action set natio nal VOC emission standards for various categories 
of consumer products . The regulation became effective on September 11, 1998, 
and the VOC standard s became effective on December 10, 1998 . There are 
similarities and differences between the existing CARB and national consumer 
products regulations . The national regulation does not preclude states from 
adopting more stringent regulations.  
The national consumer products regulation is less effective than the C ARB 
Consumer Products Regulation in reducing VOC emissions from consumer 
products . Nationa l VOC standards do not apply to  a number of product categories 
that are currently regulated under the CARB regulation, including non- aerosol 
"Personal Fragrance Product" and "Dry Shampoo ."  Of the categories that are 
regulated under both regulations, CARB’s standard s are more stringent than the 
national standards . Therefore, CARB’s Consumer Products Regulation has achieved 
significant additional reductions over those that would be achieved by the national rule. 
U.S. EPA has also promulgated a national regulation for aerosol coatings:   The 
“National Volatile Organic Compound Emission Standards for Aerosol Coatings” (40 CFR Part 59, Subpart E, sections 59.500 et seq.) (U.S. EPA, 2008) , which w as 
modeled on CARB’s Aerosol Coating Products Regulation . This is a reactivity- based 
regulation . The National Aerosol Coatings Regulation was promulgated on March 
24, 2008, with a compliance d eadline of July 1, 2009.  
CARB’s regulation is also more effective that national  aerosol coatings regulation 
because it applies to all aerosol coating products sold, supplied, offered for sale, or manufactured for sale in California . U.S. EPA’s rule exempts from compliance 
manufacturers whose national sales are less than 7,500 kilograms (16,500 pounds) 
per year. CARB’s regulation also applies to the commercial application of aerosol 
coatings , while the national regulation  does not . Additionally, CARB lowered  
reactivity limits even further below national stan dards  for most of aerosol coating 
product categories in 2013, helping California achieve more reductions needed to 
achieve attainment of national standards and State air quality mandates, and 
improve public health . 
The national regulations for consumer products and aerosol coatings also  do not 
prohibit the use of certain TACs. To date, the C ARB Consumer Products Regulation 
and the CARB Aerosol Coating Products Regulation include prohibitions on the use 
of certain TACs in 83 categories, resulting in a reduction of toxic compound emissions of over 13 tons per day  and less public exposure to those harmful TACs.  
XI-251 As of the date of this staff report, there are no national consumer products 
regulations related to reducing GH G emissions or limiting the reactivity of 
ingredients formulated in “ Multi -Purpose Lubricant ” products , while CARB’s 
Consumer Products Regulations cover both of these. 
Because California has unique air quality challenges , reducing VOC emissions from 
all ca tegories, including consumer products, to the maximum extent feasible, is 
necessary to expedite attain ment  of federal and State ambient air quality standards 
for ozone . Further, California’s State air quality and public health goals also 
mandate the regulation of TACs and GHGs emitted by consumer products.  
  
XII-252 XII. Public Process f or Development of Proposed Action  
A. 2013- 2015 Survey and Emission Inventory Update  
Since the inception of CARB’s consumer products program, CARB staff has 
conducted several surveys to generate updated emission inventories,  and to inform 
regulatory actions that reduce the air quality impacts from the use of chemically 
formulated consumer products.  
In 2014, CARB launched the most  comprehensive and extensive survey of 
consumer products to date in collaboration with industry stakeholders . This survey 
provided  updated and more detailed information and understanding of the sales 
volume, chemical content, and reactivity of consumer and commercial products sold or supplied for use in California in 2013, 2014, and 2015 . The survey also 
assisted CARB staff in evaluating emission trends for consumer products, and in determining the feasibility of furth er reducing consumer product emissions.  
The survey collected data for nearly 500 consumer and commercial product 
categories, 70 of which were never before surveyed . Approximately 1, 500 
companies reported information over one million products . By comparison , the 
most extensive survey previously conducted was in 2003, which gathered 
information about  approximately 250 product categories  and almost 26,000 
products.  
In conducting the survey, CARB held numerous instructive webinars to answer 
questions specific to completing the survey reporting process . In addition, CARB 
posted step -by-step tutorials online to assist respondents with completing the 
survey process using the interactive reporting tool . CARB also launched a consumer 
products email account dedicated  to the consumer products program to respond 
to stakeholder questions or comments regarding survey participation . 
CARB staff undertook a  four year quality assurance and quality control (QA/QC) 
effort to review and verify the data submitted by responsible p arties and 
formulators  in response to the Survey . CARB’s QA/QC efforts included checks of 
formulation data and product categorization . Significant QA/QC was also 
performed as part of ‘ Nonvehicular Source, Consumer Products and Architectural 
Coating Fees’  assessment work , which  involved data reported by companies 
emitting 250 tons per year of VOC or more.
12  As part of this QA/QC data review, 
CARB staff contacted responsible parties and formulators for follow -up information, 
and collaborated with survey respo ndents in performing QA/QC.  
Staff posted draft survey data summaries  for the 2013 and 2014 calendar years to 
the CARB website for stakeholder review on June 4, 2018, and December 6, 2018. 
In addition to the se formal draft survey  data releases, stakeholders had many 
opportunities to review the survey data summaries . CARB staff reached out to 
                                                      
12 Section 39612 of the Health and Safety Code authorizes CARB to impose additional fees 
on nonvehicular sources (facilities) that emit 250 tons or more per year of any 
nonattainment pollutant or its precursors.   
XII-253 stakeholders via email and by telephone throughout the data re view process to 
ensure manufacturers  had the opportunity to identify and addres s potentially  
misrepresented or inaccurate for their products or product category.  
CARB staff posted Final  2015 Consumer & Commercial Product Survey Data 
Summaries and Supplemental Materials on April 2, 2019, with updated final survey 
data posted on Decemb er 12, 2019 ( 2015 Consumer Product s Survey Data) . These 
materials provide a detailed summary of consumer product sales, emissions, 
volatile organic compound content, chemical speciation, reactivity, and other 
information for over 400 categories of consumer  products during the 2015 calendar 
year, based on data collected from survey respondents. These updated final data 
summaries reflect CARB's refined evaluation of the VOC content of fragrance in consumer products, as well as updated product information from a handful of 
manufacturers, all also based on survey responses.  
This 2015 Consumer Product s Survey  Data provides the technical foundation for 
the development of CARB’s emission inventory updates and proposed regulatory amendments to achieve additional em ission reductions from consumer products.  
Ensuring the confidentiality of responsible party and formulator data has been a 
priority for CARB staff . From survey design to data processing to data release, 
CARB took steps to ensure confidential data protectio n was incorporated into the 
design of the survey reporting tools, all steps of data processing, and all data 
releases.  
In transitioning  the survey data  to an upda ted Consumer Products  Emission 
Inventory, CARB staff applied fate and transport adjustments to  the emissions of 63 
survey categories . The majority of the fate and transport adjusted emissions were 
made to 38 categories of Household and Institutional Products, 24 categories of Personal Care Products, and one Vehicle and Marine Vessel Aftermarket Pro duct 
Category . Fate and transport adjustments reduced the emissions when applied to 
survey ingredient formulation data, because a portion of adjusted category ingredients was assumed to go down the drain or get combusted, and therefore not be emitted into the air.  
Discussions continued between CARB and public stakeholders  during 2019 to 
refine CARB’s understanding of fragrance VOC speciation and reactivity . Additional 
fragrance compositional data provided to CARB by stakeholders along with the 2016 fragranc e survey data were used to improve the Consumer Products 
Emissions inventory . Data from the fragrance survey,  along with collaborative 
interaction with stakeholders , helped CARB staff refine assumptions about 
fragrance constituents . More Information regard ing this process can be found In 
'Appendix B: Utilization of the Two Percent Fragrance Exemption. ' 
The updated Consumer Products Emission Inventory , based upon the 2015 
Consumer Product s Survey Data , includes 71 new Emission Inventory Codes (EIC) 
for categories that were not previously surveyed . The total ROG emissions from 
catego ries surveyed for the first time represented approximately seven percent of 
the total ROG emissions from all 491 surveyed c ategories . The 2015 Consumer 
Products  Survey Data also includes fate and transport adjustment –  typically  
XII-254 indicative of product ingredients that go down -the-drain rather than into the air – 
for 38 categories of Household and Institutional Products, 24 cate gories of 
Personal Care Products . Finally, the updated Consumer Products Emission 
Inventory reflects refined assumptions regarding the VOC content and reactivity of 
fragrance ingredients.13 
B. Dev
elopment of Proposed Amendments  
In this section, staff provides an overview of the work  group and workshop 
meetings staff undertook to solicit public and stakeholder feedback on concepts 
and proposals for this rulemaking, along with a description of the topics presented for meeting discussions. Many different members of th e public  participated in 
these work  groups and workshops, and  in the rule development process generally , 
including c onsumer product manufacturers, marketers, and trade associations, non -
governmental organizations, and various other stakeholders, including those listed below:  
• Breast Cancer Prevention Partners; 
• Fragrance Creators Association ; 
• Household and Commercial Products Association ; 
• National Aerosol Association ; 
• Personal Care Products Council ; 
• California Automotive Wholesalers’ Association; 
• Auto Care Association ; 
• Raymond Regulatory Resources ; and  
• Women’s Voices for the Earth . 
 Public Work Group Meetings  
The specific topic work  gro up meetings outlined in Table XII-1, below, were held 
via teleconference, with work  group materials posted to the consumer products 
website prior to each  meeting.  
Table XII-1:  Round One Work  Group Meetings –  
Technical Evaluation of Top 47 VOC Emission Categories * 
Date Topics Discussed 
 
May 20, 2019 
 • Hair Finishing Spray 
• No Rinse Shampoo 
• Dye, Permanent 
 
May 22, 2019 • Laundry Detergent 
• Liquid Fabric Softener 
• Dish Detergent/Soap (manual) 
• Aerosol Cooking Spray 
 
May 28, 2019 • Air Freshe ner, Single Phase Aerosol 
• Air Freshe ner, Double Phase Aerosol 
• Dual Purpose Air Freshener/Disinfectant (aerosol) 
                                                      
13 For more information regarding development of updated assumptions regarding 
fragrance ingredients, see Appendix B: Utilization of Two Percent Fragrance Exemption    
XII-255 Date  Topics Discussed  
• 
• Air Freshener, liquid/pump spray  
Air Freshener, solid/semisolid  
 • General Purpose Cleaner (nonaerosol)  
May 30, 2019  • 
• 
• General Purpose Degreaser (nonaerosol)  
Bathroom and Tile Cleaner (aerosol)  
Glass Cleaner (aerosol)  
 
June 4, 2019  • 
• 
• 
• 
• Aerosol Sunscreen  
Shampoo  
Conditioner Without Styling Claims  
External Analgesic Product  
Topical Anti -Fungal Product  
 
June 11, 2019  • 
• 
• 
• 
• Brake Cleaner  
Floor Wax Stripper 
Automotive Windshield Washer Fluid  
Windshield Washer Additive 
Body Repair Products (other than coatings)  
 
June 13, 2019  • 
• • 
• 
• Mothballs Denatured Alcohol  
Paint Remover or Stripper Scented Candles  
Pet Care Products  
 
June 18, 2019  • 
• • 
• Body Wash/Mousse/Gel/Soap/Foam/Scrub  
General Use Hand or Body Cleaner or Soap  
Hand and Body Conditioner, Cream, Lotion, or 
Moisturizer  
Mouthwash/Rinse  
 
June 25, 2019  • 
• 
• Antiperspirant  
Deodorant  
Personal Fragrance Product  
with 20  percent  or less fragrance  
 
June 27, 2019  • 
• 
• 
• 
• Aerosol Disinfectant  
Nonaerosol Disinfectant  
Hand Sanitizer  
Anti-microbial Hand or Body Cleaner or Soap  
Rubbing Alcohol  
 
July 2, 2019  • 
• 
• Charcoal Lighter Material  
Crawling Bug Insecticide  
Nail Polish/Lacquer/Paint  
* Meetings held by teleconference.  
Staff also held three Regulatory Definitions Work  Group Meetings to prioritize and 
discuss possible Consumer Product Regulation definitional updates. These 
meetings primarily focused on potential updates to existing definitions in the 
Consumer Products Regulation. Table XII-2, below , shows the dates of these  
XII-256 meetings and the topics discussed . These work  group meetings were held in 
person and via webinar.  
Table XII-2:   Regulatory Definitions Work  Group Meetings* 
Date  Topics Discussed  
 
July 17, 2019  • 
• 
• 
• 
• Disinfectant / Sanitizer  
Energized Electrical Cleaner  
General Purpose Degreaser  
Hair Finishing Spray  
Paint Thinner  
• More Holistic View of Product Label Claims  
October 4, 2019  • Institutional Product or Industrial and Institutional 
• (Product  
Metal Polish or Cleanser  
• Aerosol Adhesive 
• Energized Electronic Cleaner, proposed new 
definition 
• Energized Electrical/Electronic Equipment Use, 
proposed new definition(s)  
February 26, 2020  • Institutional Product or Industrial and Institutional Product  
• Retail Sale of Products Used Exclusively to Manufacture Good or Commodities  
• 
• Energized Electrical Cleaner  
Paint Thinner  
* Each meeting held in person and via teleconference.  
Based on comments received and individual meetings with stakeholders, CARB staff began a second round of specific topic work  group meetings as a way to 
continue to identify the appropriate scope of the 2020 rulemaking amendment  
proposal s. Three second -round Specific Topic Work  Group Meetings were held in 
September and October  of 2019. Stakeholder comments led to additional staff  
evaluation of the survey data, and in some instances, resulted in modification of the 
draft proposal s to ensure the commercial and technological feasibility of each 
proposal . At several of these meetings, industry representatives presented 
technical information related to the reformulation of products . Table XII-3, below, 
shows the dates of these meetings and the specific topics discussed at each meeting. 
Table XII-3:   Round Two Specific Topic Work  Group Meetings* 
Date  Topics Discussed  
 • Evaluation of Consumer Product Fragrance VOC 
September 20,  2019  Content  
• Discussion of HFC -152a Propellant  
 • Hair Finishing Spray  
October 10, 2019  • Dry Shampoo  
• Aerosol Sunscreen   
XII-257 Date  Topics Discussed  
• Mouthwash  
• Personal Fragrance Product with less than 20 
percent f ragrance  
• Antiperspirants and Deodorants  
 • Aerosol Air Freshener  
October 17, 2019  • Laundry Detergent and Fabric Softener  
• Nonaerosol Glass Cleaner  
• Aerosol Cooking Spray  
• Floor Was Stripper  
• Paint Remover or Stripper 
• Aerosol Crawling Bug Insecticide  
• Charcoal Lighter Material  
• Hand Sanitizer  
* Meetings held by webinar.  
Staff also held f our third -round Specific Topic Work  Group Meetings between 
March and July 2020. Table XII-4, below , shows the dates and topics discussed in 
round three of specific topic work  group meetings.  
Table X II-4:  Round Three Specific Topic Work  Group Meeting  
Date  Topics Discussed  
 
March 10, 2020* • Hair Care Products  
• Personal Fragrance Product with 20 percent or 
less fragrance  
• Manual Air Freshener  
• Sunset of Two Percent  Fragrance Exemption  
 
April 20, 2020** • Method 310 Updates  
• Associated Consumer Product Regulation 
Clarifications to Method 310  
July 2, 2020 ** • Draft proposed Method 310 updates  
July 9, 2020 ** • Sunset of Two Percent  Fragrance Exemption  
• Expanding definition of “label” to include claims a manufacture make s on its internet site  
• “Energized Electrical Cleaner ” definition update  
to address off label use for automotive 
maintenance and repair.  
October 29, 2020 ** • “Energized Electrical Cleaner” definition update 
to address off -label use for automotive 
maintenance  and repair.  
* Meeting held in person and via webinar.  
** Meeting held via webina r to comply with California’s public health directives . 
 Public Workshops  
Staff also held five f ormal public workshops . CARB publicized these workshops by  
publi shing formal workshop notice s on CARB’ s website , and by emailing a public  
XII-258 workshop notice describing topics to be discussed to the over 4,000 stakeholders 
who had signed up as interested parties on CARB’s Consumer Product GovDelivery 
email notification system . Prior to each public workshop, staff posted all relevant 
materials to CARB’s consumer products webpage and issued a public notice. Table 
X-5, below, lists the dates of  each of the five public workshops . A description of the 
topics presented at each workshop is also presented below.  
Table XII-5:   Public Workshops  
Date  Topic  
April 12, 2019  First Public Workshop * 
November 7, 2019  Second Public Workshop * 
April 14, 2020  Third Public Workshop* * 
July 28, 2020  Fourth Public Workshop* * 
November 10, 2020  Fifth Public Workshop**  
* Workshop held in person and by webinar.  
** Workshop offered only  as public webinars to comply with California’s public health 
directives.  
a. First Public Workshop  
At the first public workshop on April 12, 2019, staff provided stakeholders with 
background information on CARB’s consumer products program, and discussed 
and solicited public feedback on the anonymized, aggregated survey data summaries posted to  CARB’s webpage on April 2, 2019. Staff also outlined and 
solicited feedback on the anticipated rulemaking work group descriptions and 
schedule. Finally, staff spoke and solicited feedback regarding  the proposed  
category evaluation  process , and shared staff‘s considerations in evaluating 
potential categories for potential new or lower VOC standards. 
b. Second Public Workshop 
At the second public workshop , on November 7, 2019, staff provided  a description 
of the South Coast Air Basin ’s SIP Commitment and the long -term Statewide SIP 
commitment, and a description of the updated consumer products emission 
inventory. Staff then discussed and solicited feedback on topics  including : 1) staff’s 
modified assumptions of the VOC content of “fragrance”  for emissions inventory  
purposes; 2) staff’s initial draft proposal  for new or lower VOC standards ; 3) staff’s 
initial draft proposal to sunset the Two Percent Fragrance Exemption ; 4) proposed 
concepts and potential  amendments to improve  program transparency and 
effectiveness; and 5) proposed next steps in the regulatory development process. 
c. Third Public Workshop 
At the third public workshop, staff presented and solicited public feedback on proposed  draft regulatory amendments, including updated proposed VOC 
standards ; modifications to  the proposal to sunset the Two Percent Fragrance 
Exemption; and a draft fragrance exemption proposal for non -aerosol General 
Purpose Cleaners and General Purpose Degreasers.   
XII-259 Other topics on which public feedback was solicited include :  potential 
amendment s to the Table of MIR values to include three additional compounds; 
discussion of how to avoid disincentiviz ing the use of compressed gas propellants; 
additional possible chlorinated solvent and GHG prohibitions; possible prohibition 
on use of the PCBTF (a n Exempt VOC) in the proposed regulated categories due to 
toxicity and the resulting public health concerns; updated draft proposals for Energized Electrical Cleaner and Energized Electronic Cleaner categories; draft 
proposed changes to the Alternative Control Plan and the Innovative Product 
Exemption; and a discussion of web -based or other product claims.  
d. Fourth Public Workshop 
At the fourth public workshop, staff solicited public feedback  on the draft 
regulatory category pro posals ; staff’s  proposal to sunset the Two Percent 
Fragrance Exemption and to modify this exemption  for General Purpose Cleaners 
and General Purpose Degreasers ; draft amendments to the Table of MIR values to 
include three additional compounds; potential concepts  for how to avoid 
disincentivizing the use of compressed gas propellants as a means to mitigate HFC -
152a; potential chlorinated solvent and GHG prohibitions In the categories 
proposed for VOC standards ; a draft proposal to prohibit the use of the exempt 
VOC PCBTF d ue to toxicity and the resulting public health concerns; an updated 
draft proposal for Energized Electrical Cleaner; potential proposed changes to the Alternative Control Plan and the Innovative Product Exemption  eligibility crite ria; a 
draft proposal to address manufacturer web- based product claims; and a summary 
of draft proposed modifications to CARB Test Method 310 . Staff also presented for 
public feedbac k staff’s  consideration of additional possible definitional updates for 
aeros ol adhesives (creating a new special purpose adhesive category for aerosol 
PVP pipe cement) and multi -purpose solvents (addressing denatured alcohol used 
exclusively to maintain electrical equipment at public utilities) .  
As part of this workshop, CARB sta ff published an initial draft of potential 
regulat ory language reflecting these proposals in underline strikeout format for 
stakeholder consideration and feedback.  
e. Fifth Public Workshop  
At the f ifth public workshop, staff solicited public feedback on the draft regulatory 
category proposals; staff’s proposal to sunset the Two Percent Fragrance 
Exemption , including new proposals to retain a 0.25 percent  exemption for 
“Sanitizer,” “Disinfectant,” and ai r freshener s; an updated draft  proposal to 
prohibit the use of the exempt VOC PCBTF due to toxicity and the resulting public 
health concerns; an updated draft proposal for “ Energized Electrical Cleaner; ” an 
updated draft proposal to the Innovative Product Exemption eligibility criteria  for 
products that use compressed gas prop ellant instead of HFC -152a ; a discussion of 
staff’s proposal to defer a measure regarding  manufacturer web -based product 
claims  to a future rulemaking ; and a summary of draft proposed modifications to 
CARB Test Method 310. Staff also presented for public feedback staff’s updated 
proposal  of additional possible definitional updates for aerosol adhesives (creating 
a new special purpose adhesive category for aerosol PVP pipe cement) and multi -
purpose solvents (addressing denatured alcohol used exclusively to maintain  
XII-260 electrical equipment at public utilities).  
As part of this workshop, CARB staff published a n updated  draft of potential 
regulatory language reflecting these proposals in underl ine strikeout format for 
stakeholder consideration and feedback.  
3. Additional Public Participation  
In addition to the stakeholder feedback provided to CARB staff during public work  
group meetings and public workshops, staff met with both individual stakeholders 
and groups of stakeholders on numerous occasions to hear perspectives on 
development of the regulatory proposals, both  at the request of specific 
stakeholders and to collect specific information . CARB staff also collaborated with 
its counterparts at U.S. EPA, DTSC, OEHHA, DPR, Cal Recycle, South Coast Air Quality Management District and other public agencies to share information and explore opportunities to meet our common envi ronmental and public health.  
The Proposed Amendments reflect the work of CARB staff, based upon the data, expertise, and unique perspectives provided by industry leaders, product manufacturers, NGOs, academics, public agencies, members of the public, and others  over the past six years. CARB staff thanks the many interested public 
stakeholders that have contributed to develop ing and refin ing the Proposed 
Amendments.   
XIII-253 XIII. References  
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XIV-261 XIV. Appendices  
Appe ndix A: Proposed Amendments to t he California Consumer Products 
Regulations  
Appendix A -1: Proposed Amendments to the Regulation for Reducing  
Volatile Organic Compound Emissions from Antiperspirants and Deodorants 
Appendix A -2: Proposed Amendments to the Regulation for Reducing 
Emissions from Consumer Products  
Appendix A -3: Proposed Amendments to the Regulation for Reducing the 
Ozone Formed from Aerosol Coating Product Emissions  
Appen dix A -4: Proposed Amendments to the Alternative Control Plan 
Regulation for Consumer Products  Appendix A -5: Proposed Amendments to the Tables of Maximum 
Incremental Reactivity (MIR) Values  
Appendix A -6: Proposed Amendments to Method 310: Determination of 
Volatile Organic Compounds (VOC) in Consumer Products and Reactive 
Organic Compounds (ROC) in Aerosol Coating Products  
Appendix B: Evaluation of Two  Percent Fragrance Exemption Utilization  
Appendix C: Energized Electrical Cleaner Appendix  
Appendix D: Recurring and Fixed Cost Tables  
Appendix E: Emission Inventory Appendix