Aerosol Coating Products Regulation 95 (28) “Flatting Agent” means a compound added to a coating to reduce the gloss of the coating without adding color to the coating.

(29) “Floral Spray” means a coating des igned and labeled exclusively for use on fresh flowers, dried flowers, or other items in a floral arrangement for the purposes of coloring, preserving or protecting their appearance.

(30) “Fluorescent Coating” means a c oating labeled as such, which converts absorbed incident light energy into emitt ed light of a different hue.

(31) “Glass Coating” means a coating desig ned and labeled excl usively for use on glass or other transparent material to creat e a soft, translucent light effect, or to

create a tinted or darkened color while retaining transparency.

(32) “Ground Traffic/Marking Coating” means a coating designed and labeled exclusively to be applied to dirt, grav el, grass, concrete, asphalt, warehouse floors, or parking lots. Such coatings must be in a container equipped with a valve and sprayhead designed to direct t he spray toward the surface when the can is held in an inverted vertical position.

(33) “High Temperature Coati ng” means a coating, excluding engine paint, which is designed and labeled exclusiv ely for use on substrates which will, in normal use, be subjected to temperatures in excess of 400 o F.

(34) “Hobby/Model/Craft Coating” means a coating which is designed and labeled exclusively for hobby applications and is sold in aerosol containers of 6 ounces by weight or less.

(35) “Ingredient” means a component of an aerosol coating product.

(36) “Ink” means a fluid or viscous substance used in t he printing industry to produce letters, symbols or illustrations, bu t not to coat an entire surface.

(37) “Lacquer” means a thermoplastic fil m-forming material dissolved in organic solvent, which dries primarily by solvent evaporation, and is resoluble in its original solvent.

(38) “Layout Fluid” (or toolmaker's in k) means a coating designed and labeled exclusively to be sprayed on metal, gla ss or plastic, to provide a glare-free surface on which to scribe designs, pattern s or engineering guide lines prior to shaping the piece.

(39) “Leather preservative or cleaner” m eans a leather treatment material applied exclusively to clean or preserve leather.Aerosol Coating Products Regulation 96 (40) “Lubricant” means a substance such as oil, petroleum distillates, grease, graphite, silicone, lithium, etc. that is used to reduce fr iction, heat, or wear when applied between surfaces.

(41) “Manufacturer” means any person w ho imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.

(42) “Marine Spar Varnish” means a c oating designed and labeled exclusively to provide a protective sealant for marine wood products.

(43) “Maskant” means a coati ng applied directly to a component to protect surface areas when chemical milling, anodizing, aging, bonding, plating, etching, or performing other chemical operations on the surface of the component.

(44) “Maximum Incremental Reactivity” (MIR ) means the maximum change in weight of ozone formed by adding a compound to the “Base ROG Mixture” per weight of compound added, expressed to hundredths of a gram (g O 3 /g ROC). MIR values for individual compounds and hydr ocarbon solvents are specified in sections 94700 and 94701, Title 17, California Code of Regulations.

(45) “Metallic Coating” means a topcoat which contains at least 0.5 percent by weight elemental metallic pigment in the formu lation, including propellant, and is labeled as “metallic”, or with the name of a specific metallic finish such as “gold”, “silver”, or “bronze.”

(46) “Mold Release” means a coating appli ed to molds to prevent products from sticking to the surfaces of the mold.

(47) “Multi-Component Kit” means an aerosol spray paint system which requires the application of more than one component (e.g. foundation coat and top coat), where both components are sold together in one package.

(48) “Nonflat Paint Product” means a coat ing which, when full y dry, registers a specular gloss greater than 15 on an 85 o gloss meter or greater than five on a

60 o gloss meter.

(49) “Ozone” means a colorless gas with a pungent odor, having the molecular form
O 3

.

(50) “Percent VOC By Weight” means the ra tio of the weight of VOC to the total weight of the product contents expressed as follows:

Percent VOC By Weight = (W VOC / W total ) x 100Aerosol Coating Products Regulation 97 Where:

(A) for products containing no water and no volatile compounds exempt from
the definition of VOC: W voc = the weight of volatile compounds; (B) for products containing wa ter or exempt compounds: W voc = the weight of volatile compounds, less water, and less compounds exempt from the VOC definition in this section 94521; and (C) W total = the total weight of the product contents.

(51) “Photograph Coating” means a coating designed and labeled exclusively to be applied to finished photographs to allow co rrective retouching, protection of the image, changes in gloss level, or to cover fingerprints.

(52) “Pleasure Craft” means privat ely owned vessels used for noncommercial

purposes.

(53) “Pleasure Craft Finish Primer/Surfa cer/Undercoater” means a coating designed and labeled exclusively to be applied prior to the application of a pleasure craft topcoat for the purpose of corrosion resi stance and adhesion of the topcoat, and which promotes a uniform surface by filling in surface imperfections.

(54) “Pleasure Craft Topcoat” means a coat ing designed and labe led exclusively to be applied to a pleasure craft as a final coat above the waterline and below the
waterline when stored out of water. This categor y does not include clear coatings.

(55) “Polyolefin Adhesion Promoter” means a coating designed and labeled exclusively to be applied to a polyolefi n or polyolefin copolymer surface of automotive body parts, bumper s, or trim parts to provide a bond between the surface and subsequ ent coats.

(56) “Primer” means a coating labeled as such, which is designed to be applied to a surface to provide a bond between that surfac e and subsequent coats.

(57) “Product-Weighted MIR” (PWMIR) means the sum of all weighted-MIR for all ingredients in a product subject to this ar ticle. The PWMIR is the total product reactivity expressed to hundredths of a gram of ozone formed per gram of product (excluding container and packagi ng) and calculated according to the following equations:

(a) Weighted MIR (Wtd-MIR) ingredient = MIR x Weight fraction ingredient,

and,

(b) Product Weighted MIR = (Wtd-MIR) 1 + (Wtd-MIR) 2 +...+ (Wtd- MIR) nAerosol Coating Products Regulation 98 where,

MIR = ingredient MIR, as s pecified in section 94522(h);

Wtd-MIR = MIR of each ingredient in a product multiplied by the weight fraction of that ingredient, as shown in (a);

1,2,3,...,n = each ingredient in the product up to the total n ingredients in the product.

(58) “Propellant” means a liquef ied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any other material from the same selfpressurized container or from a separate container.

(59) “Reactivity Limit” means the maximu m “product-weighted MIR” allowed in an aerosol coating product t hat is subject to the limits specified in section 94522(a)(3) for a specific category, expressed as g O 3 /g product.

(60) “Reactive Organic Compound (ROC )” means any compound that has the potential, once emitted, to contribute to ozone formation in the troposphere.

(61) “Responsible Party” m eans the company, firm, or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party whic h the product was “manufactured for” or “distributed by”, as noted on the label.

(62) “Retailer” means any person who sells , supplies, or offers aerosol coating products for sale directly to consumers.

(63) “Retail Outlet” means any establis hment where consumer products are sold, supplied, or offered for sale , directly to consumers.

(64) “Rust Converter” means a product des igned and labeled exclusively to convert

rust to an inert material and which cont ains a minimum acid content of 0.5 percent by weight, and a maximum coati ng solids content of 0.5 percent by weight.

(65) “Shellac Sealer” means a clear or pi gmented coating formul ated solely with the resinous secretion of the lac beetle ( Laccifer lacca ), thinned with alcohol, and formulated to dry by evaporati on without a chemical reaction.

(66) “Slip-Resistant Coat ing” means a coating designed and labeled exclusively as such, which is formulated with synthetic grit and used as a safety coating.Aerosol Coating Products Regulation 99 (67) “Spatter Coating/Multicol or Coating” means a coating labeled exclusively as such wherein spots, globules, or spatters of contrasting colors appear on or within the surface of a contrasting or similar background.

(68) “Stain” means a coating which is designed and labeled to change the color of a
surface but not conceal the surface. (69) “Upper-Limit Kinetic Reactivity” (U LKR) means the maximum percentage of the
emitted ROC which has reac ted. For this article, the ULKR is one hundred percent and is used to calculate the ULMIR.

(70) “Upper-Limit Mechanistic Reactivity ” (ULMR) means the maximum gram(s) of ozone formed per gram of reactive organic compound (ROC) reacting. The

ULMR is used to calculate the ULMIR.

(71) “Upper-Limit MIR” (ULMIR) means t he upper-limit kinetic reactivity (ULKR) multiplied by the upper-limit mechanistic reactivity (ULMR), as calculated using the following equation:

ULMIR = Upper Limit KR x Upper Limit MR.

The units for ULMIR are g O 3 /g ROC.

(72) “Vinyl/Fabric/Leather/Polycarbonate Coating” means a coating designed and labeled exclusively to coat vinyl, fabr ic, leather, or polycar bonate substrates.

(73) “Volatile Organic Compound (VOC)” m eans any compound containing at least one atom of carbon, excludi ng carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following:

(A) methane, methylene chloride (dichloromethane), 1,1,1-trichloroethane (methyl chloroform),
trichlorofluor omethane (CFC-11), dichlorodifluoromethane (CFC-12), 1,1,2-trichloro-1,2,2- trifluoroethane (CFC-113), 1,2-dichloro-1,1,2,2 -tetrafluoroethane (CFC-114), chloropentafluor oethane (CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-triflu oro-2,2-dichlor oethane (HCFC-123), 1,1-dichloro-1-f luoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1,1,2-tet rafluoroethane (HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafl uoroethane (HFC-134), 1,1,1,2-tetrafl uoroethane (HFC-134a),Aerosol Coating Products Regulation 100 pentafluoroethane (HFC-125), 1,1,1-trifluor oethane (HFC-143a), 1,1-difluoroethane (HFC-152a), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons: 1. cyclic, branched, or linear, completely fluorinated alkanes; 2. cyclic, branched, or linear, comp letely fluorinated ethers with no unsaturations; 3. cyclic, branched, or linear, complete ly fluorinated tertiary amines with no unsaturations; and 4. sulfur-containing perfluorocarbon s with no unsaturations and with the sulfur bonds to carbon and fluorine, and

(B) the following low-reactive organi c compounds which have been exempted by the U.S. EPA:

acetone, ethane, methyl acetate, parachlorobenzotrifluoride (1-c hloro-4-trifluoromethyl benzene), perchloroethylene (tetrachloroethylene).

(74) “Webbing/Veiling Coati ng” means a coating designed and labeled exclusively to provide a stranded to spider webbed appearance when applied.

(75) “Weight Fraction” means the weight of an ingredient divided by the total net weight of the product, expre ssed to thousandths of a gram of ingredient per gram of product (excluding container and packaging ). The weight fraction is calculated according to the following equation:

Weight Fraction = Weight of the Ingredient

_______________________ _____________

Total Product Net Weight (excluding container and packaging).

(76) “Weld-Through Primer” means a coating designed an d labeled exclusively to provide a bridging or conducting effect fo r corrosion protection following welding.

(77) “Wood Stain” means a coating which is formulated to change the color of a wood
surface but not conceal the surface.

(78) “Wood Touch-Up/Repai r/Restoration” means a c oating designed and labeled exclusively to provide an exact color or sheen match on finished wood products.Aerosol Coating Products Regulation 101 (79) “Working Day” means any day between Monday through Friday, inclusive, except for days that are federal holidays.

NOTE: Authority cited: Section 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94522. Limits and Requirements for Aerosol Coating Products.

(a)(1) Compliance with Limits. Aerosol c oating products manufactured beginning June 1, 2002, for the gener al coating categories and beginning January 1, 2003, for the specialty coating categories shall comply with the reactivity requirements specified in 94522(a)(3). Aerosol c oating products manufactured before the effective dates of the reactivity limi ts specified in section 94522(a)(3) shall comply with the VOC requirements specifi ed in section 94522(a)(2), except for products that are labeled by the manufacturer with the applicable reactivity limit, as provided in section 94524(b)(1)(B). If an aerosol coating product is so labeled, then the product shall comply wit h the reactivity requirements specified in section 94522(a)(3), regardless of the date on which the product was
manufactured.

(a)(2) VOC Limits for Aerosol Coating Products. Except as provided in sections 94522(a)(1), 94523 (Exemptions), 94525 (Variances), 94540 through 94555 (Alternative Control Plan), and 94567(a)(1) (H airspray Credit Program), Title 17, California Code of Regulations, no person s hall sell, supply, offer for sale, apply, or manufacture for use in California, any aerosol coating product which, at the time of sale, use, or manufacture, contai ns volatile organic compounds in excess of the limits specified in the following Table of Standards after the specified

effective dates.

Table of Standards

Percent Volatile Organic Compounds by Weight 1

Aerosol Coating Category 1/8/96

General Coatings Clear Coatings 67.0

Flat Paint Products 60.0 Fluorescent Coatings 75.0 Metallic Coatings 80.0
Nonflat Paint Products 65.0

Primers 60.0

Specialty Coatings
Art Fixatives or Sealants 95.0 Auto Body Primers 80.0Aerosol Coating Products Regulation 102 Automotive Bumper 95.0

and Trim Products

Aviation or Marine Primers 80.0 Aviation Propeller Coatings 84.0 Corrosion Resistant Brass, 92.0 Bronze, or Copper Coatings Aerosol Coating Category 1/8/96

Specialty Coatings (continued)

Exact Match Finishes: Engine Enamel 80.0

Automotive 88.0

Industrial 88.0 Floral Sprays 95.0 Glass Coatings 95.0 Ground Traffic/Marking Coatings 66.0 High Temperature Coatings 80.0 Hobby/Model/Craft Coatings:

Enamel 80.0 Lacquer 88.0
Clear or Metallic 95.0 Marine Spar Varnishes 85.0 Photograph Coatings 95.0 Pleasure Craft Finish Primers, 75.0
Surfacers or Undercoaters Pleasure Craft Topcoats 80.0
Shellac Sealers:
Clear 88.0 Pigmented 75.0 Slip-Resistant Coatings 80.0 Spatter/Multicolor Coatings 80.0 Vinyl/Fabric/Leather/Polycar bonate Coatings 95.0 Webbing/Veil Coatings 90.0 Weld-Through Primers 75.0
Wood Stains 95.0 Wood Touch-Up, Repair 95.0 or Restoration Coatings

______

1 As specified in section 94522(c), for aeros ol coating products containing methylene chloride, the VOC standards specified in th is subsection (a)(2) shall apply to the combined percent VOC and meth ylene chloride by weight.

(a)(3) Reactivity Limits for Aerosol Coating Products.Aerosol Coating Products Regulation 103 (A) Except as provided in sect ions 94522(a)(1), 94523 (Exemptions) and 94525 (Variances), Title 17, Califor nia Code of Regulations, no person shall sell, supply, offer for sale, apply, or manufacture for use in California, any aerosol coating product which, at the time of sale, use, or manufacture, contains reactive organi c compounds that have a PWMIR in excess of the limits specified in the following Table of Limits after the specified effective date.

Table of Limits

Product-Weighted MIR in Grams Ozone per Gram Product (g O 3 / g product)

Aerosol Coating Category

General Coatings 06/01/2002

Clear Coatings 1.50

Flat Paint Products 1.20 Fluorescent Coatings 1.75 Metallic Coatings 1.90
Nonflat Paint Products 1.40

Primers 1.20

Specialty Coatings 01/01/2003

Art Fixatives or Sealants 1.80 Auto Body Primers 1.55 Automotive Bumper 1.75

and Trim Products

Aviation or Marine Primers 2.00 Aviation Propeller Coatings 2.50 Corrosion Resistant Brass, 1.80 Bronze, or Copper Coatings

Exact Match Finishes: Engine Enamel 1.70

Automotive 1.50

Industrial 2.05 Floral Sprays 1.70 Glass Coatings 1.40 Ground Traffic/Marking Coatings 1.20 High Temperature Coatings 1.85 Hobby/Model/Craft Coatings:

Enamel 1.45 Lacquer 2.70Aerosol Coating Products Regulation 104 Clear or Metallic 1.60 Marine Spar Varnishes 0.90 Photograph Coatings 1.00 Pleasure Craft Finish Primers, 1.05
Surfacers or Undercoaters Pleasure Craft Topcoats 0.60 Polyolefin Adhesion Promoters 2.50
Shellac Sealers:
Clear 1.00 Pigmented 0.95 Slip-Resistant Coatings 2.45 Spatter/Multicolor Coatings 1.05 Vinyl/Fabric/Leather/Polycar bonate Coatings 1.55 Webbing/Veil Coatings 0.85 Weld-Through Primers 1.00
Wood Stains 1.40 Wood Touch-Up, Repair 1.50 or Restoration Coatings

(a)(4) If an aerosol coating product is subj ect to both a general coating limit and a specialty coating limit, as listed in se ction 94522(a)(2) or (a)(3), and the product meets all the criteria of the applicable specialty coating category as defined in section 94521, then the specialty coati ng limit shall apply instead of the general coating limit.

(a)(5) Notwithstanding the provisions of sections 94522(a)(4) or 94524(a), hightemperature coatings that contain at leas t 0.5 percent by weight of an elemental metallic pigment in the formulation, including propellant, shall be subject to the limit specified for metallic coatings.

(a)(6) The Alternative Control Plan Regul ation (sections 94540-94555) may not be used for aerosol coating products subject to the reactivity limits specified in section 94522(a)(3).

(b) Sell-Through of Products Subject to the VOC Limits Specified in Section 94522(a)(2).

Notwithstanding the provisions of se ction 94522(a)(1) and (a)(3), an aerosol coating product manufactured prior to eac h of the effective dates specified for that product in section 94522(a)(3) may be sold, supplied, offered for sale, or applied for up to three years after each of the specified effective dates, provided that the product complies with the limit specified in sectio n 94522(a)(2). This subsection (b) does not apply to any pr oduct which does not display on the product container or package the date on which the product was manufactured, or a code indicating such date.Aerosol Coating Products Regulation 105 (c) Products Containing Methylene Ch loride or Trichloroethylene

.

(1) Requirements for Products Subject to the VOC Limits Specified in Section 94522(a)(2).

For any aerosol coating product cont aining methylene chloride, the VOC standards specified in section 94522(a )(2) shall apply to the combined percent by weight of both vola tile organic compounds, and methylene chloride, calculated as follows:

(Percent by weight VOC + Percent by weight methylene chloride) must be less than or equal to the applicable VOC standard

(2) Requirements for Products Subject to the Reactivity Limits Specified in Section 94522(a)(3).

(A) For any aerosol coating product subject to the reactivity limits specified in section 94522(a)(3), no person shall sell, supply, offer for sale, apply, or manufacture fo r use in California any aerosol coating product which contains methylene chloride or trichloroethylene.

(B) The requirements of section 94522(c)(2) shall not apply to any aerosol coating product cont aining methylene chloride or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01 % by weight of the product.

(d) Products Containing Perchloroethylen e or Ozone Depleting Substances

.

(1) Requirements for Products Subject to the VOC Limits Specified in Section 94522(a)(2).

For any aerosol coating product subj ect to the VOC limits specified in section 94522(a)(2), no person shall sell, supply, offer for sale, apply, or
manufacture for use in California any aerosol coating product which contains perchloroethylene, or an oz one depleting substance identified by
the United States Envir onmental Protection Agency in the Code of Federal Regulations, 40 CFR Part 82, Subpart A, under Appendices A and B, July 1, 1998. The requirement s of this section 94522(d )(1) shall not apply to (A) any existing product formulati on that complies with the Table of
Standards and was sold in California dur ing calendar year 1992, or (B) any product formulation that was sold in California dur ing calendar year
1992 that is reformulated to meet t he Table of Standards, as long as the content of perchloroethyl ene, or ozone depleting substances, as identified in this section 94522(d), in the re formulated product does not increase.Aerosol Coating Products Regulation 106 (2) Requirements for Products Subject to the Reactivity Limits Specified in Section 94522(a)(3).

(A) Perchloroethylene

For any aerosol coating product subject to the reactivity limits specified in section 94522(a)(3), no person shall sell, supply, offer for sale, apply, or manufacture fo r use in California any aerosol coating product which contai ns perchloroethylene.

(B) Ozone Depleting Substances

For any aerosol coating product s ubject to the reactivity limits specified in section 94522(a)(3), no person shall sell, supply, offer for sale, apply, or manufacture fo r use in California any aerosol coating product which contains an ozone depleting substance identified by the Unit ed States Environmental Protection Agency in the Code of Federal Regulations , 40 CFR Part 82, Subpart A, under Appendices A and B, July 1, 1998. The requirements of this section 94522(d)(2) shall not apply to (1.) any existing product formulation containing an ozone depl eting substance that complies with the Table of Limits and was sold in California during calendar year 1997, or (2.) any product fo rmulation containing an ozone depleting substance that was sold in California during calendar year
1997 that is reformulated to meet t he Table of Limits, as long as the content of ozone depleting substances , as identified in this section 94522(d)(2), in the reformulat ed product does not increase.

(3) The requirements of se ction 94522(d)(1) and (d)(2) shall not apply to any aerosol coating product containi ng perchloroethylene, or an ozone depleting substance as ident ified in section 94522(d)(1 ) or (d)(2), that are present as impurities in a combined amount equal to or less than 0.01% by weight of the product.

(e) Multicomponent Kits.

(1) Requirements for Products Subject to the VOC Limits Specified in Section 94522(a)(2).

No person shall sell, supply, offer for sa le, apply, or manufacture for use in California any multi-component kit, as def ined in section 94521, in which the total weight of VOC and methylene chloride contained in the multi-component kit (Total VOC + MC) actual is greater than the total weight of VOC and methylene

chloride that would be allowed in t he multi-component kit if each component product in the kit had separately met the applicable VOC standards (Total VOC+Aerosol Coating Products Regulation 107 MC) standard as calculated below:



### (Total VOC + MC) actual 

### = (VOC 1 

### x W 1 

### ) + (MC 1 

### x W 1 

### ) + (VOC 2 

### x W 2 

### ) + (MC 2 

### x W 2 

### ) + (VOC
n 

### x W
n 

### ) + (MC
n 

### x W
n 

### )

(Total VOC + MC ) standard 

### = (STD 1 

### x W 1 

### ) + (STD 2 

### x W 2 

### ) + (STD
n 

### x W
n 

### )

Where:

VOC = the percent by weight VOC of the component product MC = the percent by weight methylene chloride of the component product STD = the VOC standard specified in section 94522(a) which applies to the component product W = the weight of the product contents (excluding container) Subscript 1 denotes the first co mponent product in the kit Subscript 2 denotes the second component product in the kit Subscript n denotes any additional component product

(2) Requirements for Products Subject to the Reactivity Limits Specified in Section 94522(a)(3).

No person shall sell, supply, offer for sa le, apply, or manufacture for use in California any multi-component kit, as def ined in section 94521, in which the Kit PWMIR is greater than the Total Reactivity Limit. T he Total Reactivity Limit represents the limit that would be allowed in the multi-component kit if each component product in the kit had separately me t the applicable Reactivity Limit. The Kit PWMIR and Total Reactivity Limit ar e calculated as in equations (1), (2) and (3) below:

(1) Kit PWMIR = (PWMIR (1) x W 1 ) + (PWMIR (2) x W 2 ) +...+ (PWMIR (n) x W n )

(2) Total Reactivity Limit = (RL 1 x W 1 ) + (RL 2 x W 2 ) +...+ (RL n x W n )

(3) Kit PWMIR ≤ Total Reactivity Limit

Where:

W = the weight of the product contents (excluding container) RL = the Reactivity Limit s pecified in section 94522(a)(3) Subscript 1 denotes the first component product in the kit Subscript 2 denotes the second component product in the kit Subscript n denotes any additional component product

(f) Products Assembled by Adding Bulk Paint to Aerosol Containers of Propellant . No person shall sell, supply, offer for sale, apply, or manufacture forAerosol Coating Products Regulation 108 use in the state of California any ae rosol coating product assembled by adding bulk paint to aerosol containers of prope llant, unless such products comply with the VOC standards specified in section 945 22(a)(2), or with the reactivity limits specified in section 94522(a)(3) for products subject to those limits.

(g) Requirements for Lacquer Aerosol Co ating Products Subject to the VOC Limits Specified in Section 94522(a)(2).

(1) Notwithstanding the provisions of Section 94522(a)(2), lacquer aerosol coating products may be sold, suppli ed, offered for sale, applied, or manufactured for use in California with a combined VOC and methylene chloride content of up to 80 percent by weight until January 1, 1998.

(2) On or after January 1, 1998, all la cquer aerosol coating products sold, supplied, offered for sale, applied, or manufactured for use in California shall comply with the provisions of section 94522(a)(2), except that lacquer aerosol coating products m anufactured prior to January 1, 1998 may be sold, supplied, offered for sa le, or applied until January 1, 2001, as long as the product displays on t he product container or package the date on which the product was manufactured or a code indicating such

date.

(3) This subsection (g ) does not apply to: (A) any lacquer coating product not clearly labeled as such, or (B) any la cquer coating product which is sold, supplied, offered for sale, applied, or manufactured for use in the Bay Area Air Quality Management Distr ict (BAAQMD) and is subject to BAAQMD Rule 8-49, or (C) any lacquer coating product that meets the definition of “clear coating” specified in section 94521.

(h) Assignment of Maximum Incremen tal Reactivity (MIR) Values.

(1) In order to calculat e the PWMIR of aerosol coat ing products as specified in section 94521(a)(57) , the MIR values of product ingredients are assigned as follows:

(A) Any ingredient which does not contain carbon is assigned a MIR
value of 0.0.

(B) Any aerosol coating solid, in cluding but not limited to resins, pigments, fillers, plasticizers , and extenders is assigned a MIR
value of 0.0.

(C) For any ROC not covered under (1)(A) and (1)(B) of this subsection (h), each ROC is assigned the MIR value set forth in Subchapter 8.6, Article 1, se ctions 94700 and 94701, Title 17, California Code of Regulations.Aerosol Coating Products Regulation 109 (D) Except as provided in subsection (h)(3), only ROCs listed in sections 94700 and 94701, Title 17, Ca lifornia Code of Regulations, can be used to comply with the reactivity limits specified in section 94522(a)(3).

(E) All individual compounds in an amount equal to or exceeding 0.1 percent shall be considered ingredients in calculating the
PWMIR. Such individual compounds shall be considered ingredients whether or not they ar e reported by t he manufacturer pursuant to section 94526(b).

(2) (A) The MIR values dated July 18, 2001, shall be used to calculate the PWMIR for aerosol coating product s, and these MIR values shall not be changed until June 1, 2007.

(B) If a new ROC is added to section 94700 or 94701, then the new ROC may be used in aerosol coati ng products, and the MIR value
for the new ROC shall be used to calculate the PWMIR after the
effective date of the MIR value.

(3) The MIR value for any aromatic hy drocarbon solvent wit h a boiling range different from the ranges specified in section 94701(b) shall be assigned
as follows:

(A) if the solvent dry point is lower than or equal to 420 degrees F, the MIR va lue specified in section 94701(b) for bin

23 shall be used.

(B) if the solvent initial bo iling point is higher than 420 degrees F, the MIR va lue specified in section 94701(b) for bin

24 shall be used.

NOTE: Authority cited: Section 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94523. Exemptions

.

(a) (1) For products manuf actured before December 31, 2008: This article shall not apply to aerosol lubricants, mold re leases, automotive underbody coatings, electrical coatings, cleaners, belt dressings , anti-static sprays, layout fluids and removers, adhesives, maskants, rust conv erters, dyes, inks, cosmetics or any other products used on the human body, and leather preservatives or cleaners.

(2) For products manufactured on or a fter December 31, 2008: This article shall not apply to aerosol lubricants, mold releases, automotive underbody coatings,Aerosol Coating Products Regulation 110 electrical coatings, cleaners, belt dressings , anti-static sprays, layout fluids and removers, adhesives, maskants, rust conv erters, dyes, inks, cosmetics or any other products used on the human body, l eather preservatives or cleaners, products for vehicle tires, “Rubber/Vinyl Protectants” as defined in section 94508, and “Fabric Protectants” as defined in section 94508.

(b) This article shall not apply to any aerosol coating product manufactured in California for shipment and use outside of California.

(c) The provisions of this article shall not apply to a manufacturer, distributor, or responsible party who sells, supplies, or offers for sale in California an aerosol coating product that does not comply with the limits specified in section 94522(a)(2) or (a)(3), as long as the manuf acturer, distributor, or responsible party can demonstrate both that the aerosol coating product is intended for shipment and use outside of California, and that the manufacture r, distributor, or responsible party has taken reasonable prudent precauti ons to assure that the aerosol coating product is not distributed to California. This subsection (c) does not apply to aerosol coating products that are sold, supplied, or offered for sale by any person to retail outlets in California.

(d) The requirements in sections 94522(a)(2) and (a)(3) prohibiting the application of aerosol coating products that exceed t he limits specified in the sections 94522(a)(2) or (a)(3) shall appl y only to commercial app lication of aerosol coating products.

NOTE: Authority cited: Section 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94524. Administrative Requirements.

(a) Most Restrictive Limit.

Except as otherwise provided in sect ion 94522(a)(4), if anywhere on the container of any aerosol coating product subject to the specified limits in section 94522(a)(2) or (a)(3), or on any sti cker or label affixed thereto, or in any sales or advertising literature, any repr esentation is made that the product may be used as, or is suitable for use as a pr oduct for which a lower limit is specified, then the lowest applicable limit shall apply.

(b) Labeling Requirements.

(1) Both the manufacturer and responsible party for each aerosol coating product subject to this article shall ens ure that all products clearly display the following information on each produc t container which is manufactured 90 days or later after the effe ctive date of this article.Aerosol Coating Products Regulation 111 (A) Products subject to the VOC limit s specified in section 94522(a)(2) shall display:

1. the applicable VOC standard for the produc t that is specified in section 94522(a)(2), expre ssed as a percentage by weight unless the product is included in an alternative control plan approved by the Executive Officer, as provided in Article 4. Section 94540-94555, Title 17, California Code of Regulations, and the product exceeds the applicable VOC standard;

2. if the product is included in an alternative control plan approved by the Executive Offi cer, and the product exceeds the applicable VOC standard specified in section 94522(a)(2), the product shall be labeled with the term “ACP” or “ACP product”;

3. the aerosol coating categor y as defined in section 94521, or an abbreviation of the coating category; and

4. the day, month, and year on which the product was manufactured, or a code indicating such date.

(B) Products subject to the reac tivity limits specified in section 94522(a)(3) shall display:

1. the applicable reactivity limit for the product that is specified in section 94522(a)(3);

2. the aerosol coating category as defined in section 94521, or an abbreviation of the coating category; and

3. the day, month, and year on which the product was manufactured, or a code indicating such date.

(2) The information required in section 94524(b)(1), shall be displayed on the product container such that it is r eadily observable without removing or disassembling any portion of the produc t container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is cl early legible without removing any product packaging.

(3) No person shall remove, alter, conc eal, or deface the information required in section 94524(b)(1) prior to final sale of the product.Aerosol Coating Products Regulation 112 (4) For any aerosol coating product s ubject to section 94522(a), if the manufacturer or responsible party us es a code indicating the date of
manufacture or an abbreviation of t he coating category as defined in section 94521, an explanati on of the code or abbreviation must be filed with the Executive Officer prior to the use of the code or abbreviation.

(c) Reporting Requirements.

(1) Any responsible party for an aerosol coating product subject to this article which is sold, supplied, or offered fo r sale in California, must supply the
Executive Officer of the Air Resource s Board with the following information within 90 days of the effect ive date of this article: the company name, mail address, contact person, and the tel ephone number of the contact person.

For responsible parties who do not manuf acture their own aerosol coating products, the responsible party shall also supply the information specified in this subsection (c)(1) for those manufacturers which produce products for the responsible party.

The responsible party shall also notify the Executive Officer within 90 days of any change in the information s upplied to the Executive Officer pursuant to this subsection (c)(1).

(2) Upon 90 days written notice, each manufacturer or re sponsible party subject to this article shall submit to the Executive Officer a written report with all of the following information for each product they manufacture under their name or another company's name:

(A) the brand name of the product; (B) upon request, a copy of the product label; (C) the owner of the tr ademark or brand names; (D) the product category as defined in section 94521; (E) the annual California sales in pounds per year and the method used to calculate California annual sales; (F) product formulation data:

1. for products subject to t he VOC limits specified in section 94522(a)(2), the percent by we ight VOC, water, solids, propellant, and any compounds exem pt from the definition of VOC as specified in section 94521;

2. for products subject to the reac tivity limits specified in section 94522(a)(3), the PWMIR and the weight fraction of all ingredients including: water, solids, each ROC, and any compounds assigned a MIR value of zero as specified in sections 94522(h), 94700, or 94701 [Each ROC must be reported as an ingredient ifAerosol Coating Products Regulation 113 it is present in an amount greater than or equal to 0.1 percent by weight of the final aerosol coatin gs formulation. If an individual ROC is present in an amount le ss than 0.1 percent by weight, then it does not need to be reported as an ingredient. In addition, an impurity that meets t he following definition does not need to be reported as an ingredient.

For the purpose of this section, an “impurity” means an individual chemical compound present in a raw material which is incorporated into the final aerosol coatings formulation, if the compound is present below the following amou nts in the raw material:

(i) for individual compounds that are carcinogens, as defined in 29 CFR section 1910.1200(d)(4), each compound must be present in an amount less than 0.1 percent by weight in order to be considered an “impurity.” (ii) for all other compounds present in a raw material, a compound must be pres ent in an amount less than 1 percent by weight in order to be considered an “impurity”];

(G) an identification of each pr oduct brand name as a “household,” “industrial,” or “both” product; and

(H) any other information necessary to determine the emissions or the product-weighted MIR fr om aerosol coating products.

The information requested in this secti on (c)(2) may be supplied as an average for a group of aerosol coating products within the same coating category when the products do not vary in VOC content by more than two percent (by weight), and the coatings are based on the same re sin type, or the products are color variations of the same produc t (even if the coatings va ry by more than 2 percent in VOC content).

(3) Upon written request, the responsible party for aerosol coating products subject to this article shall supply the Executive Officer with a list of all exempt compounds contained in any aerosol coating product within 15 working days.

(d) Treatment of Confid ential Information.

All information submitted by manufac turers pursuant to section 94524

shall be handled in accordance with t he procedures specified in Title 17, California Code of Regulat ions, sections 91000-91022.Aerosol Coating Products Regulation 114 (e) Special Reporting Requirements for Pe rchloroethylene-Containing Aerosol Coatings.

(1) The requirements of this subsection shall apply to all responsible parties for perchloroethylene-containing aerosol coatings sold or offered for sale in California on or after January 1, 1996. For the purposes of this subsection, “perchloroethylene-cont aining aerosol coating” means any aerosol coating that is required to comp ly with any limit specified in section 94522(a)(2) or (a)(3) and contains 1. 0 percent or more by weight (exclusive of the container or packaging) of perchloroethylene (tetrachloroethylene).

(2) Reporting Requirements to Estab lish Baseline. On or before March 1, 1997, or 60 da ys after the effective date of this subsection (e) (whichever date occurs later), all responsible parties for perchloroethylene-containing aerosol coatings shall report to the
Executive Officer the followi ng information for each product:

(A) the product brand name and a copy of the product label with legible usage instructions;

(B) the product category to which the aerosol coating belongs;

(C) the total amount of the aerosol c oating sold in California between January 1, 1996 and December 31, 1996, to the nearest pound (exclusive of the container or packaging), and the method used for calculating the Ca lifornia sales;

(D) the weight percent, to the nearest 0.10 percent, of perchloroethylene in the aerosol coating.

(3) Annual Reporting Require ments. On or before March 1, 1998, March 1, 1999, March 1, 2000, March 1, 2001, and March 1, 2002, all responsible parties subject to the requirements of this subsection shall provide to the Executive Officer an update which reports, for the previous calendar year, any changes in the annual California sales, perchloroethylene content, or any other information provided pursuant to subsections (e)(2)(A) through (e)(2)(D). After March 1, 2002, responsible par ties are not required to submit this information unless specif ically requested to do so by the
Executive Officer.

(4) Upon request, the Executive Officer shall make the information submitted pursuant to this subsection available to publicly-owned treatment works in California, in accordance with the procedures for handling of confidential information specified in Title 17, Cali fornia Code of Regulations, sections

91000-91022.Aerosol Coating Products Regulation 115 (A) On or before July 1, 2002, the Executive Officer shall evaluate the information, along with data on influent and effluent levels of perchloroethylene as reported by publicly-owned treatments works and any other relevant information, to determine if it is likely that publicly-owned treatment works are ex periencing increased levels of perchloroethylene, relative to 1996 levels, that can be attributed to aerosol coatings which c ontain perchloroethylene.

(B) If the Executive Officer determine s that it is likely that increased perchloroethylene levels at the pu blicly-owned treatment works are caused by increased levels of perchlo roethylene in aerosol coatings subject to this regulation, then the Executive Officer shall, in conjunction with the publicly-owned treatment works, implement
measures which are feasible , appropriate, and necessary for reducing perchloroethylene levels at the publicly-owned treatment

works.

NOTE: Authority cited: Section 39600, 39601, 41511, and 41712, Health and Safety
Code. Reference: Sections 3900 2, 39600, 40000, 41511, and 41712, Health and Safety Code.

94525. Variances.

(a) Any person who cannot comply with the requirements set forth in Section 94522, because of extraordinary reasons beyond the person's reasonable control may apply in writing to the Executive Officer for a variance. The variance application
shall set forth:

(1) the specific grounds upon which the variance is sought;

(2) the proposed date(s) by which co mpliance with the pr ovisions of Section 94522 will be achieved, and

(3) a compliance report reasonably detailing the met hod(s) by which compliance will be achieved.

(b) Upon receipt of a variance application containing the information required in subsection (a), the Executive Officer s hall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in Section 94522 is nece ssary and will be permi tted. A hearing

shall be initiated no later than 75 work ing days after receipt of a variance application. Notice of the time and pl ace of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less thanAerosol Coating Products Regulation 116 30 days prior to the hearing. The notice s hall state that the par ties may, but need not be, represented by counsel at the hear ing. At least 30 days prior to the hearing, the variance applic ation shall be made avail able to the public for inspection. Information submitted to the Executive Officer by a variance applicant may be claimed as confidential, and such information shall be handled in accordance with the procedures specif ied in Title 17, California Code of Regulations, Sections 91000- 91022. The Executive Officer may consider such confidential information in reaching a decision on a variance application. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered.

(c) No variance shall be granted unless a ll of the following findings are made:

(1) that, because of reasons beyond t he reasonable control of the applicant, requiring compliance with Section 94522 would result in extraordinary economic hardship.

(2) that the public interest in miti gating the extraordinary hardship to the applicant by issuing the variance outweig hs the public interest in avoiding any increased emissions of air cont aminants which would result from issuing the variance.

(3) that the compliance report proposed by the applicant can reasonably be implemented, and will achieve complianc e as expeditiously as possible.

(d) Any variance order shall specify a final compliance date by which the requirements of Section 94522 will be ac hieved. Any variance order shall contain a condition that specifies incr ements of progress necessary to assure timely compliance, and such other condi tions that the Executive Officer, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code.

(e) A variance shall cease to be effectiv e upon failure of the party to whom the variance was granted to comply with any term or condition of the variance.

(f) Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from the requirements of Section 94522 after holding a public hearing in accor dance with the provisio ns of subsection 94525(b).

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.Aerosol Coating Products Regulation 117 94526. Test Methods.

Compliance with the requirements of this article shall be determined by using the following test methods, which are incorporated by reference herein.

Alternative test methods which are s hown to accurately determine the VOC content, ingredient name and weight percent of each ingredient, exempt compound content, metal content, specular gloss, or acid content may also be used after approval in writi ng by the Executive Officer:

(a) Testing for Products Subject to the VO C Limits Specified in Section 94522(a)(2).

(1) VOC Content. The VOC content of all aerosol coating products subject to the provisions of this article shall be determined by the procedures set forth in “Air Resources Board Method 310, Determination of Volatile Organi c Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products”, adopted Sept ember 25, 1997 and as last amended on May 5, 2005.

(2) In sections 3.5 and 3.7 of Ai r Resources Board (ARB) Method 310, a process is specified for the “Ini tial Determination of VOC Content”
and the “Final Determination of VOC Content”. This process is an integral part of testing procedure set forth in ARB Method 310, and is reproduced below:

Sections 3.5 and 3.7 of Air Resources Board Method 310

3.5 Initial Determination of VOC Content . The Executive Officer will determine the VOC content pursuant to section 3.2 and 3.3. Only those components with concentrations equal to or greater than 0.1 percent by wei ght will be reported.

3.5.1 Using the appropriate formula specified in section 4.0, the
Executive Officer will make an initial determination of whether the product meets the applicable VOC standards specified in ARB regulations. If initial results show that the products does not meet the applicable VOC standards, the Executive Officer may perform additional testing to confirm

the initial results.

3.5.2 If the results obtained under section 3.5.1 show that the products does not meet the applicable VOC standards, the Executive Officer will request the product manufacturer or responsible party to supply pr oduct formulation data. The manufacturer or responsible party shall supply the requested
information. Information subm itted to the ARB ExecutiveAerosol Coating Products Regulation 118 Officer may be claimed as confi dential; such information will

be handled in accordance with the confidentiality procedures specified in Title 17, Californi a Code of Regulations, sections

91000 to 91022.

3.5.3 If the information supp lied by the manufacturer or responsible party shows that the product does not meet the applicable VOC standards, then t he Executive Officer will take appropriate enforcement action.

3.5.4 If the manufacturer or res ponsible party fails to provide formulation data as specified in section 3.5.2, the initial
determination of VOC content und er this section 3.5 shall determine if the product is in compliance with the applicable
VOC standards. This dete rmination may be used to establish a violation of ARB regulations.

3.7 Final Determination of VOC Content . If a product’s compliance status is not satisfactorily reso lved under section 3.5 and 3.6, the Executive Officer will conduct further analyses and testing as necessary to verify the formulation data.

3.7 .1 If the accuracy of the suppl ied formulation data is verified and the product sample is determined to meet the applicable VOC standards, then no enforcement action for violation of
the VOC standards will be taken.

3.7.2 If the Executive Officer is unabl e to verify the accuracy of the supplied formulation data, then the Executive Officer will request the product manufacturer or responsible party to supply information to explain the discrepancy.

3.7.3 If there exists a discre pancy that cannot be resolved between the results of Method 310 and the supplied formulation data, then the result s of Method 310 shall take precedence over the supplied fo rmulation data. The results
of Method 310 shall then dete rmine if the product is in compliance with the applicable VOC standards, and may be used to establish a violation of ARB regulations.

(b) Testing for Products Subject to th e Reactivity Limits Specified in Section 94522(a)(3).

(1) The ingredients and the amount of each ingredient of all aerosol coating products subject to the provisions of this article shall be determined by the procedures set forth in “Air Res ources Board Method 310, DeterminationAerosol Coating Products Regulation 119 of Volatile Organic Compounds (VOC) in Consumer Products,” adopted September 25, 1997 and as la st amended on May 5, 2005.

(2) Upon written notificatio n from the Executive Officer, the aerosol coating manufacturer shall have 10 working days to provide to the Executive Officer the following information for products selected for testing:

(A) the product category as defined in section 94521(a);

(B) the PWMIR;

(C) the weight fraction of all ingred ients including: water, solids, each ROC, and any compounds assig ned a MIR value of zero as specified in sections 94522(h) , 94700, or 94701 [Each ROC must be reported as an ingredient if it is present in an amount greater than or equal to 0.1 percent by wei ght of the final aerosol coatings
formulation. If an individual ROC is present in an amount less than 0.1 percent by weight, then it does not need to be reported as an ingredient. In addition, an impur ity that meets the following
definition does not need to be re ported as an ingredient.

For the purpose of this section, an “i mpurity” means an individual chemical compound present in a raw material which is incorporated into the final aerosol coatings formulation, if the compound is present below the following amou nts in the raw material:

(i) for individual compounds that are carcinogens, as defined in 29 CFR section 1910.1200(d)(4), each compound must be present in an amount less than 0.1 percent by weight in order to be considered an “impurity.”

(ii) for all other compounds present in a raw material, a compound must be present in an amount less than 1 percent by weight in order to be considered an “impurity”];

(D) any other information necessary to determine the PWMIR of the aerosol coating produ cts to be tested.

(3) Final determination of the PWMIR of the aerosol coatings shall be determined using the information obtained from section 94526(b)(1) and (2).Aerosol Coating Products Regulation 120 (c) Exempt Compounds from Products Subj ect to the VOC Limits Specified in Section 94522(a)(2). Co mpounds exempt from the definition of VOC shall be analyzed according to the test methods listed below:

(1) the exempt compound content of aerosol coating products shall be determined by “Air Resources B oard Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products,” adopted September 25, 1997 and as last am ended on May 5, 2005, which is incorporated herein by reference.

(2) the following classes of co mpounds will be analyzed as exempt compounds only if manufacturers specif y which individual compounds are used in the product formulations and i dentify the test methods, which prior to such analysis, have been approved by the Executive Officer of the ARB, and can be used to quantif y the amounts of each exempt compound: cyclic, branched, or linear, completely fluorinated alkanes; cyclic, branched, or linear, comple tely fluorinated ethers with no unsaturations; cyclic, branc hed, or linear, completely fluorinated tertiary amines with no unsaturations; and sulf ur-containing perfluorocarbons with
no unsaturations and with sulfur bonds only to carbon and fluorine.

(d) Metal Content. The metal content of metallic aerosol coating products shall be determined by South Coast Air Quality Management District (SCAQMD) Test Method 318-95 “Det ermination of Weight Percent Elemental Metal in Coatings by X -ray Diffraction” July 1996, which is incorporated herein by reference.

(e) Specular Gloss. Specular glo ss of flat and nonflat coatings shall be determined by ASTM Method D-523- 89, March 31, 1989, which is incorporated herein by reference.

(f) Acid Content. The acid content of rust converters shall be determined by ASTM Method D-1613-96, “Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish. Lacquer, and Related Products, May 10, 1996, which is incorporated herein by reference.

(g) Lacquers. Lacquer aerosol coat ing products shall be identified according to the procedures spec ified in ASTM Method D-5043-90,
“Standard Test Methods for Field Identification of Coatings,” April 27, 1990, which is in corporated herein by reference.

NOTE: Authority cited: Sections 39600, 39601, 39607, 41511, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39607, 4 0000, 41511, and 41712, Health and Safety Code.Aerosol Coating Products Regulation 121 94527. Severability.

Each part of this article shall be deemed se verable, and in the event that any part of this article is held to be invalid, the remainder of this article shall continue in
full force and effect.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94528. Federal Enforceability.

For purposes of federal enforceability of this article, the United States Environmental Protection Agency is not subject to approval determinations made by the Executive Officer under sections 94525 and 94526. Within 180 days of a request from a person who has been grant ed a variance under Section 94525, a variance meeting the require ments of the Clean Air Act shall be submitted by the
Executive Officer to the Environmental Protection Agency for inclusion in the applicable implementation pl an approved or promulgated by the Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 42 U.S.C.,
Section 7410.Tables of Maximum Incremental Reactivity Values 122 FINAL REGULATION ORDER
TABLES OF MAXIMUM INCREMENTAL REACTIVITY (MIR) VALUES

SUBCHAPTER 8.6 MAXIMUM INCREMENTAL REACTIVITY

Article 1. Tables of Maximum In cremental Reactivity (MIR) Values

94700. MIR Values for Compounds.

Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004)

Carbon Monoxide 0.06 0.06

Methane 0.01 0.01

Ethane 0.31 0.31 Propane 0.56 0.56

n-Butane 1.33 1.33

n-Pentane 1.54 1.54

n-Hexane 1.45 1.45 n-Heptane 1.28 1.28

n-Octane 1.11 1.11

n-Nonane 0.95 0.95

n-Decane 0.83 0.83

n-Undecane 0.74 0.74

n-Dodecane 0.66 0.66

n-Tridecane 0.62 0.62

n-Tetradecane 0.58 0.58

n-Pentadecane 0.56 0.53

n-C16 0.52 0.52

n-C17 0.49 0.49

n-C18 0.47 0.44

n-C19 0.44 0.44

n-C20 0.42 0.42

n-C21 0.40 0.40

n-C22 0.38 0.38

Isobutane 1.35 1.35 Isopentane 1.68 1.68 Neopentane 0.69 0.69

Branched C5 Alkanes 1.68 1.68 2,2-Dimethyl Butane 1.33 1.33 2,3-Dimethyl Butane 1.14 1.14 2-Methyl Pentane (Isohexane) 1.80 1.80 3-Methyl Pentane 2.07 2.07

Branched C6 Alkanes 1.53 1.53 2,2,3-Trimethyl Bu tane 1.32 1.32Tables of Maximum Incremental Reactivity Values 123 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) 2,2-Dimethyl Pent ane 1.22 1.22 2,3-Dimethyl Pent ane 1.55 1.55 2,4-Dimethyl Pent ane 1.65 1.65 2-Methyl Hexane 1.37 1.37 3,3-Dimethyl Pent ane 1.32 1.32 3-Methyl Hexane 1.86 1.86

Branched C7 Alkanes 1.63 1.63 2,2,3,3-Tetramethy l Butane 0.44 0.44 2,2,4-Trimethyl Pentane (Isooctane) 1.44 1.44 2,2-Dimethyl He xane 1.13 1.13 2,3,4-Trimethyl P entane 1.23 1.23 2,3-Dimethyl He xane 1.34 1.34 2,4-Dimethyl He xane 1.80 1.80 2,5-Dimethyl He xane 1.68 1.68 2-Methyl Heptane 1.20 1.20 3-Methyl Heptane 1.35 1.35 4-Methyl Heptane 1.48 1.48

Branched C8 Alkanes 1.57 1.57 2,2,5-Trimethyl He xane 1.33 1.33 2,3,5-Trimethyl He xane 1.33 1.33 2,4-Dimethyl Hept ane 1.48 1.48 2-Methyl Octane 0.96 0.96 3,3-Diethyl Pentane 1.35 1.35 3,5-Dimethyl Hept ane 1.63 1.63 4-Ethyl Heptane 1.44 1.44 4-Methyl Octane 1.08 1.08

Branched C9 Alkanes 1.25 1.25 2,4-Dimethyl Octane 1.09 1.09 2,6-Dimethyl Octane 1.27 1.27 2-Methyl Nonane 0.86 0.86 3,4-Diethyl Hexane 1.20 1.20 3-Methyl Nonane 0.89 0.89 4-Methyl Nonane 0.99 0.99 4-Propyl Heptane 1.24 1.24

Branched C10 Alkanes 1.09 1.09 2,6-Dimethyl N onane 0.95 0.95 3,5-Diethyl Heptane 1.21 1.21 3-Methyl Decane 0.77 0.77 4-Methyl Decane 0.80 0.80

Branched C11 Alkanes 0.87 0.87 2,3,4,6-Tetramethy l Heptane 1.26 1.26 2,6-Diethyl Octane 1.09 1.09Tables of Maximum Incremental Reactivity Values 124 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) 3,6-Dimethyl Decane 0.88 0.88 3-Methyl Undecane 0.70 0.70 5-Methyl Undecane 0.72 0.72

Branched C12 Alkanes 0.80 0.80 2,3,5,7-Tetramethy l Octane 1.06 1.06 3,6-Dimethyl Undecane 0.82 0.82 3,7-Diethyl Nonane 1.08 1.08 3-Methyl Dodecane 0.64 0.64 5-Methyl Dodecane 0.64 0.64

Branched C13 Alkanes 0.73 0.73 2,4,6,8-Tetramethy l Nonane 0.94 0.94 2,3,6-Trimethyl 4-Isopr opyl Heptane 1.24 1.24 3,7-Dimethyl Dodecane 0.74 0.74 3,8-Diethyl Decane 0.68 0.68 3-Methyl Tridecane 0.57 0.57 6-Methyl Tridecane 0.62 0.62

Branched C14 Alkanes 0.67 0.67
2,4,5,6,8-Pentamet hyl Nonane 1.11 1.11 2-Methyl 3,5-Diisopropyl Heptane 0.78 0.78 3,7-Dimethyl Tri decane 0.64 0.64 3,9-Diethyl Undecane 0.62 0.62 3-Methyl Tetradecane 0.53 0.53 6-Methyl Tetradecane 0.57 0.57

Branched C15 Alkanes 0.60 0.60 2,6,8-Trimethyl 4-Isopr opyl Nonane 0.76 0.76 3-Methyl Pentadecane 0.50 0.50 4,8-Dimethyl Tetradecane 0.58 0.55 7-Methyl Pentadecane 0.51 0.51

Branched C16 Alkanes 0.54 0.54 2,7-Dimethyl 3,5-Diisopr opyl Heptane 0.69 0.69

Branched C17 Alkanes 0.51 0.51

Branched C18 Alkanes 0.48 0.48 Cyclopropane 0.10 0.10 Cyclobutane 1.05 1.05 Cyclopentane 2.69 2.69 Cyclohexane 1.46 1.46 Isopropyl Cyclopropane 1.52 1.52 Methylcyclopentane 2.42 2.42 C6 Cycloalkanes 1.46 1.46 1,3-Dimethyl Cyclopentane 2.15 2.15 Cycloheptane 2.26 2.26 Ethyl Cyclopentane 2.27 2.27Tables of Maximum Incremental Reactivity Values 125 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) Methylcyclohexane 1.99 1.99 C7 Cycloalkanes 1.99 1.99 C8 Bicycloalkanes* 1.75 1.75 1,3-Dimethyl Cyclohexane 1.72 1.72 Cyclooctane 1.73 1.73 Ethylcyclohexane 1.75 1.75 Propyl Cyclopentane 1.91 1.91 C8 Cycloalkanes 1.75 1.75 C9 Bicycloalkanes 1.57 1.57 1,1,3-Trimethyl Cycl ohexane 1.37 1.37 1-Ethyl-4-Methyl C yclohexane 1.62 1.62 Propyl Cyclohexane 1.47 1.47 C9 Cycloalkanes 1.55 1.55 C10 Bicycloalkanes 1.29 1.29 1,3-Diethyl Cyclohexane 1.34 1.34 1,4-Diethyl Cyclohexane 1.49 1.49 1-Methyl-3-Isopropyl C yclohexane 1.26 1.26 Butyl Cyclohexane 1.07 1.07 C10 Cycloalkanes 1.27 1.27 C11 Bicycloalkanes 1.01 1.01 1,3-Diethyl-5-Methyl C yclohexane 1.11 1.11 1-Ethyl-2-Propyl C yclohexane 0.95 0.95 Pentyl Cyclohexane 0.91 0.91 C11 Cycloalkanes 0.99 0.99 C12 Bicycloalkanes 0.88 0.88 C12 Cycloalkanes 0.87 0.87 1,3,5-Triethyl Cyclohexane 1.06 1.06 1-Methyl-4-Pentyl Cyclohexane 0.81 0.81 Hexyl Cyclohexane 0.75 0.75 C13 Bicycloalkanes 0.79 0.79 1,3-Diethyl-5-Propyl C yclohexane* 0.96 0.96 1-Methyl-2-Hexyl C yclohexane 0.70 0.70 Heptyl Cyclohexane 0.66 0.66 C13 Cycloalkanes 0.78 0.78 C14 Bicycloalkanes 0.71 0.71 1,3-Dipropyl-5-Ethyl C yclohexane 0.94 0.94 1-Methyl-4-Heptyl Cyclohexane 0.58 0.58 Octyl Cyclohexane 0.60 0.60 C14 Cycloalkanes 0.71 0.71 C15 Bicycloalkanes 0.69 0.69 1,3,5-Tripropyl C yclohexane 0.90 0.90 1-Methyl-2-Octyl Cyclohexane 0.60 0.60Tables of Maximum Incremental Reactivity Values 126 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) Nonyl Cyclohexane 0.54 0.54 C15 Cycloalkanes 0.68 0.68 1,3-Dipropyl-5-Butyl Cyclohexane 0.77 0.77 1-Methyl-4-Nonyl Cyclohexane 0.55 0.55 Decyl Cyclohexane 0.50 0.50 C16 Cycloalkanes 0.61 0.61

Ethene 9.08 9.08 Propene (Propylene) 11.58 11.58

1-Butene 10.29 10.29

C4 Terminal Alkenes 10.29 10.29

1-Pentene 7.79 7.79 3-Methyl-1-Butene 6.99 6.99

C5 Terminal Alkenes 7.79 7.79

1-Hexene 6.17 6.17 3,3-Dimethyl-1-Bu tene 6.06 6.06 3-Methyl-1-Pentene 6.22 6.22 4-Methyl-1-Pentene 6.26 6.26

C6 Terminal Alkenes 6.17 6.17 1-Heptene 4.56 4.20

1-Octene 3.45 3.45

C8 Terminal Alkenes 3.45 3.45

1-Nonene 2.76 2.76

C9 Terminal Alkenes 2.76 2.76

1-Decene 2.28 2.28

C10 Terminal Alkenes 2.28 2.28

1-Undecene 1.95 1.95

C11 Terminal Alkenes 1.95 1.95

C12 Terminal Alkenes 1.72 1.72

1-Dodecene 1.72 1.72

1-Tridecene 1.55 1.55

C13 Terminal Alkenes 1.55 1.55

1-Tetradecene 1.41 1.41

C14 Terminal Alkenes 1.41 1.41

1-Pentadecene 1.37 1.27

C15 Terminal Alkenes 1.37 1.27 2-Methyl Pentene (Isobutene) 6.35 6.35 2-Methyl-1-Butene 6.51 6.51 2,3-Dimethyl-1-Bu tene 4.77 4.77 2-Ethyl-1-Butene 5.04 5.04 2-Methyl-1-Pentene 5.18 5.18 2,3,3-Trimethyl-1- Butene 4.62 4.62

C7 Terminal Alkenes 4.56 4.20Tables of Maximum Incremental Reactivity Values 127 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) 3-Methyl-2-Isopropyl-1-Butene 3.29 3.29

cis-2-Butene 13.22 13.22

trans-2-Butene 13.91 13.91

C4 Internal Alkenes 13.57 13.57 2-Methyl-2-Butene 14.45 14.45

cis-2-Pentene 10.24 10.24

trans-2-Pentene 10.23 10.23

2-Pentenes 10.23 10.23

C5 Internal Alkenes 10.23 10.23 2,3-Dimethyl-2-Bu tene 13.32 13.32 2-Methyl-2-Pentene 12.28 12.28

cis-2-Hexene 8.44 8.44

cis-3-Hexene 8.22 8.22 cis-3-Methyl-2-Pentene* 12.84 12.84 cis-3-Methyl-2-Hexene 13.38 13.38 trans 3-Methyl-2-Hexene 14.17 14.17 trans 4-Methyl-2-Hexene 7.88 7.88

trans-2-Hexene 8.44 8.44

trans-3-Hexene 8.16 8.16

2-Hexenes 8.44 8.44

C6 Internal Alkenes 8.44 8.44 2,3-Dimethyl-2-He xene 10.41 10.41 cis-3-Heptene 6.96 6.96 trans-4,4-Dimethyl-2-Pentene 6.99 6.99 trans-2-Heptene 7.33 7.33 trans-3-Heptene 6.96 6.96 2-Heptenes 6.96 6.96

C7 Internal Alkenes 6.96 6.96

cis-4-Octene 5.94 5.94 trans-2,2-Dimethyl-3-Hexene 5.97 5.97 trans-2,5-Dimethyl-3-Hexene 5.44 5.44

trans-3-Octene 6.13 6.13

trans-4-Octene 5.90 5.90

3-Octenes 6.13 6.13

C8 Internal Alkenes 5.90 5.90 2,4,4-Trimethyl-2- Pentene 5.85 8.52

3-Nonenes 5.31 5.31

C9 Internal Alkenes 5.31 5.31

trans-4-Nonene 5.23 5.23 3,4-Diethyl-2-Hexene 3.95 3.95

cis-5-Decene 4.89 4.89

trans-4-Decene 4.50 4.50Tables of Maximum Incremental Reactivity Values 128 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004)

C10 3-Alkenes 4.50 4.50

C10 Internal Alkenes 4.50 4.50

trans-5-Undecene 4.23 4.23

C11 3-Alkenes 4.23 4.23

C11 Internal Alkenes 4.23 4.23

C12 2-Alkenes 3.75 3.75

C12 3-Alkenes 3.75 3.75

C12 Internal Alkenes 3.75 3.75

trans-5-Dodecene 3.74 3.74

trans-5-Tridecene 3.38 3.38

C13 3-Alkenes 3.38 3.38

C13 Internal Alkenes 3.38 3.38

trans-5-Tetradecene 3.08 3.08

C14 3-Alkenes 3.08 3.08

C14 Internal Alkenes 3.08 3.08

trans-5-Pentadecene 2.82 2.82

C15 3-Alkenes 2.82 2.82

C15 Internal Alkenes 2.82 2.82

C4 Alkenes 11.93 11.93

C5 Alkenes 9.01 9.01

C6 Alkenes 6.88 6.88

C7 Alkenes 5.76 5.76

C8 Alkenes 4.68 4.68

C9 Alkenes 4.03 4.03

C10 Alkenes 3.39 3.39

C11 Alkenes 3.09 3.09

C12 Alkenes 2.73 2.73

C13 Alkenes 2.46 2.46

C14 Alkenes 2.28 2.28

C15 Alkenes 2.06 2.06 Cyclopentene 7.38 7.38 1-Methyl Cyclopentene 13.95 13.95 Cyclohexene 5.45 5.45 1-Methyl Cyclohexene 7.81 7.81 4-Methyl Cyclohexene 4.48 4.48 1,2-Dimethyl Cyclohexene 6.77 6.77
1,3-Butadiene 13.58 13.58 Isoprene 10.69 10.69 C6 Cyclic or Di-olefins 8.65 8.65 C7 Cyclic or Di-olefins 7.49 7.49 C8 Cyclic or Di-olefins 6.01 6.01 C9 Cyclic or Di-olefins 5.40 5.40Tables of Maximum Incremental Reactivity Values 129 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) C10 Cyclic or Di-olefins 4.56 4.56 C11 Cyclic or Di-olefins 4.29 4.29 C12 Cyclic or Di-olefins 3.79 3.79 C13 Cyclic or Di-olefins 3.42 3.42 C14 Cyclic or Di-olefins 3.11 3.11 C15 Cyclic or Di-olefins 2.85 2.85 Cyclopentadiene 7.61 7.61

3-Carene 3.21 3.21 a-Pinene (Pine Oil) 4.29 4.29

b-Pinene 3.28 3.28 d-Limonene (Dipentene or Orange Terpene) 3.99 3.99

Sabinene 3.67 3.67 Terpene 3.79 3.79 Styrene 1.95 1.95 a-Methyl Styrene 1.72 1.72 C9 Styrenes 1.72 1.72 C10 Styrenes 1.53 1.53

Benzene 0.81 0.81

Toluene 3.97 3.97 Ethyl Benzene 2.79 2.79 Cumene (Isopropyl Benzene) 2.32 2.32 n-Propyl Benzene 2.20 2.20

C9 Monosubstituted Benzenes 2.20 2.20 s-Butyl Benzene 1.97 1.97

C10 Monosubstituted Benzenes 1.97 1.97 n-Butyl Benzene 1.97 1.97

C11 Monosubstituted Benzenes 1.78 1.78

C12 Monosubstituted Benzenes 1.63 1.63

C13 Monosubstituted Benzenes 1.50 1.50 m-Xylene 10.61 10.61 o-Xylene 7.49 7.49 p-Xylene 4.25 4.25

C8 Disubstituted Benzenes 7.48 7.48 m-Ethyl Toluene* 9.37 9.37 p-Ethyl Toluene* 3.75 3.75 o-Ethyl Toluene* 6.61 6.61

C9 Disubstituted Benzenes 6.61 6.61 o-Diethyl Benzene* 5.92 5.92 m-Diethyl Benzene* 8.39 8.39 p-Diethyl Benzene* 3.36 3.36

C10 Disubstituted Benzenes 5.92 5.92

C11 Disubstituted Benzenes 5.35 5.35Tables of Maximum Incremental Reactivity Values 130 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004)

C12 Disubstituted Benzenes 4.90 4.90

C13 Disubstituted Benzenes 4.50 4.50 Isomers of Ethyl benzene 5.16 5.16 1,2,3-Trimethyl Benzene 11.26 11.26 1,2,4-Trimethyl B enzene 7.18 7.18 1,3,5-Trimethyl Benzene 11.22 11.22

C9 Trisubstituted Benzenes 9.90 9.90 Isomers of Propylbenzene 6.12 6.12 1,2,3,5-Tetramethyl Benzene* 8.25 8.25

C10 Tetrasubstituted Benzenes 8.86 8.86

C10 Trisubstituted Benzenes 8.86 8.86 Isomers of Butylbenzene 5.48 5.48

C11 Pentasubstituted Benzenes 8.03 8.03

C11 Tetrasubstituted Benzenes 8.03 8.03

C11 Trisubstituted Benzenes 8.03 8.03 Isomers of Pentyl benzene 4.96 4.96

C12 Pentasubstituted Benzenes 7.33 7.33

C12 Hexasubstituted Benzenes 7.33 7.33

C12 Tetrasubstituted Benzenes 7.33 7.33

C12 Trisubstituted Benzenes 7.33 7.33 Isomers of Hexy lbenzene 4.53 4.53

C13 Trisubstituted Benzenes 6.75 6.75

Indene* 3.21 3.21

Indane 3.17 3.17 Naphthalene 3.26 3.26

Tetralin 2.83 2.83 Methyl Indans* 2.83 2.83 Methyl Naphthalenes 4.61 4.61 1-Methyl Naphthalene 4.61 4.61 2-Methyl Naphthalene 4.61 4.61

C11 Tetralin or Indane 2.56 2.56 2,3-Dimethyl Napht halene 5.54 5.54 C12 Disubstituted Napht halenes 5.54 5.54 Dimethyl Naphthalenes 5.54 5.54 C12 Monosubstituted Naphthalenes 4.20 4.20

C12 Tetralin or Indane* 2.33 2.33 C13 Disubstituted Napht halenes 5.08 5.08

C13 Trisubstituted N aphthalenes 5.08 5.08 C13 Monosubstituted Naphthalenes 3.86 3.86 Acetylene 1.25 1.25 Methyl Acetylene 6.45 6.45 2-Butyne 16.33 16.33Tables of Maximum Incremental Reactivity Values 131 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) Ethyl Acetylene 6.20 6.20

Methanol 0.71 0.71

Ethanol 1.69 1.69 Isopropanol (2-Propanol or Isopr opyl Alcohol) 0.71 0.71 n-Propanol (n-Propyl Al cohol) 2.74 2.74 Isobutanol (Isobutyl Alcohol) 2.24 2.24 1-Butanol (n-Butyl Alcohol) 3.34 3.34 2-Butanol (s-Butyl Alcohol) 1.60 1.60 t-Butyl Alcohol 0.45 0.45 Cyclopentanol 1.96 1.96

2-Pentanol 1.74 1.74

3-Pentanol 1.73 1.73 n-Pentanol (Amyl Alcohol) 3.35 3.35 Isoamyl Alcohol (3-Methyl-1-Butanol)* 2.73 2.73 2-Methyl-1-Butanol* 2.60 2.60 Cyclohexanol 2.25 2.25

1-Hexanol 2.74 2.74

2-Hexanol 2.46 2.46 4-Methyl-2-Pentanol (Methyl Is obutyl Carbinol)* 2.89 2.89 1-Heptanol 2.21 2.21 Dimethylpentanol (2,3-Dimet hyl-1-Pentanol)* 2.51 2.51

1-Octanol 2.01 2.01 2-Ethyl-1-Hexanol (Ethyl Hexyl Alcohol) 2.20 2.20

2-Octanol 2.16 2.16

3-Octanol 2.57 2.57

4-Octanol 3.07 3.07 5-Methyl-1-Heptanol* 1.95 1.95 Trimethylcyclohexa nol* 2.17 2.17 Dimethylheptanol (2,6-Dimet hyl-2-Heptanol)* 1.07 1.07 2,6-Dimethyl-4-Hept anol* 2.37 2.37

Menthol* 1.70 1.70 Isodecyl Alcohol (8-Methyl-1-Nonanol) 1.23 1.23

1-Decanol* 1.22 1.22 3,7-Dimethyl-1-Octa nol* 1.42 1.42 Trimethylnonanolthr eoerythro; 2,6, 8-Trimethyl-4-

Nonanol* 1.55 1.55

Ethylene Glycol 3.36 3.36 Propylene Glycol 2.75 2.75
1,2-Butanediol 2.21 2.21 Glycerol (1,2,3-Propanetriol) 3.27 3.27
1,4-Butanediol* 3.22 3.22 Pentaerythritol* 2.42 2.42Tables of Maximum Incremental Reactivity Values 132 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) 1,2-Dihydroxy Hexane 2.75 2.75 2-Methyl-2,4-Pentanediol 1.04 1.04 2-Ethyl-1,3-Hexaned iol* 2.62 2.62 Dimethyl Ether 0.93 0.93 Trimethylene Oxide 5.22 5.22
1,3-Dioxolane* 5.47 5.47 Dimethoxymethane 1.04 1.04 Tetrahydrofuran 4.95 4.95 Diethyl Ether 4.01 4.01 1,4-Dioxane* 2.71 2.71 Alpha-Methyltetrahydrofuran 4.62 4.62 Tetrahydropyran 3.81 3.81 Ethyl Isopropyl Ether 3.86 3.86 Methyl n-Butyl Ether 3.66 3.66 Methyl t-Butyl Ether 0.78 0.78 2,2-Dimethoxypropane 0.52 0.52 Di n-Propyl Ether 3.24 3.24 Ethyl n-Butyl Ether 3.86 3.86 Ethyl t-Butyl Ether 2.11 2.11 Methyl t-Amyl Ether 2.14 2.14 Di-isopropyl Ether* 3.56 3.56 Ethylene Glycol Diethyl Ether; 1,2- Diethoxyethane* 2.84 2.84

Acetal (1,1-Diethoxyethane)* 3.68 3.68 4,4-Dimethyl-3-Oxahe xane* 2.03 2.03 2-Butyl Tetrahydrofuran 2.53 2.53 Di-Isobutyl Ether 1.29 1.29 Di-n-butyl Ether 3.17 3.17 2-Methoxy-1-(2-Methoxy-1-Methylethoxy)- Propane* 2.09 2.09

Di-n-Pentyl Ether 2.64 2.64 Ethylene Glycol Monomethyl Ether (2- Methoxyethanol) 2.98 2.98

Propylene Glycol Monomethyl Ether (1-Methoxy2-Propanol) 2.62 2.62

2-Ethoxyethanol 3.78 3.78 2-Methoxy-1-Propanol 3.01 3.01 3-Methoxy-1-Propanol* 4.01 4.01 Diethylene Glycol 3.55 3.55 Tetrahydro-2-Furanmethanol* 3.54 3.54 Propylene Glycol Monoethyl Ether (1-Ethoxy-2- Propanol) 3.25 3.25Tables of Maximum Incremental Reactivity Values 133 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) Ethylene Glycol Monopropyl Ether (2- Propoxyethanol) 3.52 3.52

3-Ethoxy-1-Propanol 4.24 4.24 3-Methoxy-1-Butanol 0.97 0.97 Diethylene Glycol Methyl Ether [2-(2- Methoxyethoxy) Ethanol] 2.90 2.90

Propylene Glycol Monopropyl Ether (1-Propoxy2-Propanol) 2.86 2.86

Ethylene Glycol Monobutyl Ether [2- Butoxyethanol] 2.90 2.90

3-Methoxy-3-Methyl-Butanol 1.74 1.74 n-Propoxypropanol* 3.84 3.84 2-(2-Ethoxyethoxy) Ethanol 3.19 3.19 Dipropylene Glycol 2.48 2.48 Triethylene Glycol* 3.41 3.41 Propylene Glycol t-Butyl Ether (1-tert-Butoxy-2- Propanol) 1.71 1.71

2-tert-Butoxy-1-Pr opanol 1.81 1.81 n-Butoxy-2-Propanol 2.70 2.70 Dipropylene Glycol Methyl Ether Isomer (1- Methoxy-2-[2-Hydro xypropoxy]-Propane) 2.21 2.21

Dipropylene Glycol Methyl Ether Isomer (2-[2- Methoxypropoxy]-1-Propanol) 3.02 2.70

2-Hexyloxyethanol 2.45 2.45 2-(2-Propoxyethoxy) Ethanol 3.00 3.00 2,2,4-Trimethyl-1,3- Pentanediol 1.74 1.74 2-(2-Butoxyethoxy)-Ethanol 2.70 2.87 2-[2-(2-Methoxyethoxy) Et hoxy] Ethanol 2.62 2.62 Dipropylene Glycol Ethyl Ether* 2.75 2.75 Ethylene Glycol 2-Ethylhexyl Ether [2-(2- Ethylhexyloxy) Ethanol] 1.71 1.71

2-[2-(2-Ethoxyethoxy) Et hoxy] Ethanol 2.66 2.66 Tetraethylene Glycol* 2.84 2.84 1-(Butoxyethoxy)-2-Propanol* 2.08 2.08 2-(2-Hexyloxyethoxy) Ethanol 2.03 2.03 Glycol Ether dpnb (1-(2-Butoxy-1-Methylethoxy)- 2-Propanol)* 1.96 1.96

2-[2-(2-Propoxyethoxy) Et hoxy] Ethanol 2.46 2.46 2-[2-(2-Butoxyethoxy) Et hoxy] Ethanol 2.24 2.24 Tripropylene Glycol Monom ethyl Ether 1.90 1.90 2,5,8,11-Tetraoxatride can-13-ol 2.15 2.15 3,6,9,12-Tetraoxahexadec an-1-ol 1.90 1.90Tables of Maximum Incremental Reactivity Values 134 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) Cumene Hydroperoxide (1-Methyl-1- Phenylethylhydroperoxide)** 12.61 12.61

Methyl Formate 0.06 0.06 Ethyl Formate 0.52 0.52 Methyl Acetate 0.07 0.07 gamma- Butyrolactone* 1.15 1.15 Ethyl Acetate 0.64 0.64 Methyl Propionate 0.71 0.71 n-Propyl Formate 0.93 0.93 Isopropyl Formate* 0.42 0.42 Ethyl Propionate 0.79 0.79 Isopropyl Acetate 1.12 1.12 Methyl Butyrate 1.18 1.18 Methyl Isobutyrate 0.70 0.70 n-Butyl Formate 0.95 0.95 Propyl Acetate 0.87 0.87 Ethyl Butyrate 1.25 1.25 Isobutyl Acetate 0.67 0.67 Methyl Pivalate (2,2-Dimethyl Propanoic Acid Methyl Ester) 0.39 0.39

n-Butyl Acetate 0.89 0.89 n-Propyl Propion ate 0.93 0.93 s-Butyl Acetate 1.43 1.43 t-Butyl Acetate 0.20 0.20 Butyl Propionate 0.89 0.89 Amyl Acetate 0.96 0.96 n-Propyl Butyrate 1.17 1.17 Isoamyl Acetate (3-Methyl butyl Acetate)* 1.18 1.18 2-Methyl-1-Butyl Acetate* 1.17 1.17 EEP Solvent (Ethyl 3-Ethoxy Propionate) 3.61 3.61 2,3-Dimethylbutyl Acetate 0.84 0.84 2-Methylpentyl Acetate 1.11 1.11 3-Methylpentyl Acetate 1.31 1.31 4-Methylpentyl Acetate 0.92 0.92 Isobutyl Isobutyrate 0.61 0.61 n-Butyl Butyrate 1.12 1.12 n-Hexyl Acetate (Hexyl Acetate) 0.87 0.87 Methyl Amyl Acetate (4-Methyl-2-Pentanol Acetate)* 1.46 1.46

n-Pentyl Propionate* 0.79 0.79 2,4-Dimethylpentyl Acetate 0.98 0.98 2-Methylhexyl Acetate 0.89 0.89Tables of Maximum Incremental Reactivity Values 135 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) 3-Ethylpentyl Acetate 1.24 1.24 3-Methylhexyl Acetate 1.01 1.01 4-Methylhexyl Acetate 0.91 0.91 5-Methylhexyl Acetate 0.79 0.79 Isoamyl Isobutyrate 0.89 0.89 n-Heptyl Acetate (Heptyl Acetate) 0.73 0.73 2,4-Dimethylhexyl Acetate 0.93 0.93 2-Ethyl-Hexyl Ac etate 0.79 0.79 3,4-Dimethylhexyl Acetate 1.16 1.16 3,5-Dimethylhexyl Acetate 1.09 1.09 3-Ethylhexyl Acetate 1.03 1.03 3-Methylheptyl Acetate 0.76 0.76 4,5-Dimethylhexyl Acetate 0.86 0.86 4-Methylheptyl Acetate 0.72 0.72 5-Methylheptyl Acetate 0.73 0.73 n-Octyl Acetate 0.64 0.64 2,3,5-Trimethylhexyl Acetate 0.86 0.86 2,3-Dimethylheptyl Acetate 0.84 0.84 2,4-Dimethylheptyl Acetate 0.88 0.88 2,5-Dimethylheptyl Acetate 0.86 0.86 2-Methyloctyl Acetate 0.63 0.63 3,5-Dimethylheptyl Acetate 1.01 1.01 3,6-Dimethylheptyl Acetate 0.87 0.87 3-Ethylheptyl Acetate 0.71 0.71 4,5-Dimethylheptyl Acetate 0.96 0.96 4,6-Dimethylheptyl Acetate 0.83 0.83 4-Methyloctyl Acetate 0.68 0.68 5-Methyloctyl Acetate 0.67 0.67 n-Nonyl Acetate 0.58 0.58 3,6-Dimethyloctyl Acetate 0.88 0.88 3-Isopropylheptyl Acetate 0.71 0.71 4,6-Dimethyloctyl Acetate 0.85 0.85 3,5,7-Trimethyloctyl Acetate 0.83 0.83 3-Ethyl-6-Methyloctyl Acetate 0.80 0.80 4,7-Dimethylnonyl Ac etate 0.64 0.64 Methyl Dodecanoate (Methyl Laurate)* 0.53 0.53 2,3,5,7-Tetramethyloct yl Acetate 0.74 0.74 3,5,7-Trimethylnonyl Acetate 0.76 0.76 3,6,8-Trimethylnonyl Acetate 0.72 0.72 2,4,6,8-Tetramethylnony l Acetate 0.63 0.63 3-Ethyl-6,7-Dimethylnony l Acetate 0.76 0.76 4,7,9-Trimethyldecyl Acetate 0.55 0.55Tables of Maximum Incremental Reactivity Values 136 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) Methyl Myristate (Methy l Tetradecanoate)* 0.47 0.47 2,3,5,6,8-Pentaa methylnonyl Acetate 0.74 0.74 3,5,7,9-Tetramethylde cyl Acetate 0.58 0.58 5-Ethyl-3,6,8-Trimethyl nonyl Acetate 0.77 0.77 Dimethyl Carbonate 0.06 0.06 Propylene Carbonate (4-Me thyl-1,3-Dioxolan-2- one) 0.25 0.25

Methyl Lactate 2.75 2.75 2-Methoxyethyl Acetate 1.18 1.18 Ethyl Lactate 2.71 2.71 Methyl Isopropyl Carbonate 0.69 0.69 Propylene Glycol Monomethyl Ether Acetate (1- Methoxy-2-Propyl Acetate) 1.71 1.71

2-Ethoxyethyl Acetate 1.90 1.90 2-Methoxy-1-Propyl Acetate 1.12 1.12 Methoxypropanol Acetate* 1.97 1.97 Dimethyl Succinate 0.23 0.23 Ethylene Glycol Diacetate 0.72 0.72 1,2-Propylene Glycol Diacetate* 0.94 0.94 Diisopropyl Carbonate 1.04 1.04 Dimethyl Glutarate 0.51 0.51 Ethylene Glycol Monobutyl Ether Acetate (2- Butoxyethyl Acetate) 1.67 1.67

Dimethyl Adipate 1.95 1.95 2-(2-Ethoxyethoxy) Et hyl Acetate 1.50 1.50 Dipropylene Glycol n-Propyl Ether Isomer #1* 2.13 2.13 Dipropylene Glycol Methyl Ether Acetate Isomer

#1* 1.41 1.41

Dipropylene Glycol Methyl Ether Acetate Isomer

#2* 1.58 1.58

Dipropylene Glycol Methyl Ether Acetate* 1.49 1.49 Glyceryl Triacetate* 0.57 0.57 2-(2-Butoxyethoxy) Et hyl Acetate 1.38 1.38 Substituted C7 Ester (C12) 0.92 0.92 1-Hydroxy-2,2,4-Tr imethylpentyl-3-Is obutyrate 0.92 0.92 3-Hydroxy-2,2,4-Tr imethylpentyl-1-Is obutyrate 0.88 0.88 Hydroxy-2,2,4-Trimet hylpentyl Isobutyrate Isomers (2,2,4-Trime thyl-1,3-Pentanediol Monoisobutyrate) 0.89 0.89

Substituted C9 Ester (C12) 0.89 0.89 Dimethyl Sebacate 0.48 0.48 Diisopropyl Adipate* 1.42 1.42Tables of Maximum Incremental Reactivity Values 137 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) Ethylene Oxide 0.05 0.04 Propylene Oxide 0.32 0.32 1,2-Epoxybutane (Ethyl Oxirane) 1.02 1.02

Formic Acid 0.08 0.08

Acetic Acid 0.71 0.50 Glycolic Acid (Hydroxyacetic Acid) 2.67 2.67 Peracetic Acid (Peroxyacetic Acid)** 12.62 12.62 Acrylic Acid 11.66 11.66 Propionic Acid 1.16 0.79 Methacrylic Acid 18.78 18.78 Isobutyric Acid* 1.22 1.22

Butanoic Acid* 1.78 1.78

Malic Acid* 7.51 7.51 3-Methylbutanoic Acid* 4.26 4.26 Adipic Acid* 3.37 3.37 2-Ethyl Hexanoic Acid 4.41 3.49 Methyl Acrylate 12.24 12.24 Vinyl Acetate 3.26 3.26 2-Methyl-2-Butene-3-ol (1,2-Dimethylpropyl-1- en-1-ol) 5.12 5.12

Ethyl Acrylate 8.78 8.78 Methyl Methacrylate 15.84 15.84 Hydroxypropyl Acrylate* 5.56 5.56 n-Butyl Acrylate* 5.52 5.52 n-Butyl Acrylate* 5.52 5.52 Isobutyl Acrylate* 5.05 5.05 Butyl Methacrylate 9.09 9.09 Isobutyl Methacrylate 8.99 8.99 Isobornyl Methacrylate** 8.64 8.64 a-Terpineol* 5.16 5.16 2-Ethyl-Hexyl Acrylate 2.42 2.42

Furan 16.54 16.54 Formaldehyde 8.97 8.97 Acetaldehyde 6.84 6.84 Propionaldehyde 7.89 7.89 2-Methylpropanal 5.87 5.87

Butanal 6.74 6.74 C4 Aldehydes 6.74 6.74 2,2-Dimethylpropanal (Piv aldehyde) 5.40 5.40 3-Methylbutanal (Isovaleraldehyde) 5.52 5.52 Pentanal (Valeraldeh yde) 5.76 5.76 C5 Aldehydes 5.76 5.76Tables of Maximum Incremental Reactivity Values 138 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) Glutaraldehyde 4.79 4.79

Hexanal 4.98 4.98 C6 Aldehydes 4.98 4.98 Heptanal 4.23 4.23 C7 Aldehydes 4.23 4.23 2-Methyl-Hexanal* 3.97 3.97

Octanal 3.65 3.65 C8 Aldehydes 3.65 3.65 Glyoxal 14.22 14.22 Methyl Glyoxal 16.21 16.21

Acrolein 7.60 7.60 Crotonaldehyde 10.07 10.07

Methacrolein 6.23 6.23 Hydroxy Methacrolein 6.61 6.61 Benzaldehyde 0.00 0.00 Tolualdehyde 0.00 0.00

Acetone 0.43 0.43 Cyclobutanone 0.68 0.68 Methyl Ethyl Ketone (2-Butanone) 1.49 1.49 Cyclopentanone 1.43 1.43 C5 Cyclic Ketones 1.43 1.43 Methyl Propyl Ketone (2 -Pentanone) 3.07 3.07

3-Pentanone 1.45 1.45

C5 Ketones 3.07 3.07 Methyl Isopropyl Ketone* 1.64 1.64 2,4-Pentanedione* 1.02 1.02 Cyclohexanone 1.61 1.61 C6 Cyclic Ketones 1.61 1.61 Methyl Isobutyl Ketone (4-Me thyl-2-Pentanone) 4.31 4.31 Methyl n-Butyl Ketone (2-Hexanone) 3.55 3.55 Methyl t-Butyl Ketone 0.78 0.78

C6 Ketones 3.55 3.55 C7 Cyclic Ketones 1.41 1.41 Methyl Amyl Ketone (2-Heptanone) 2.80 2.80 2-Methyl-3-Hexanone 1.79 1.79 Di-Isopropyl Ketone 1.63 1.63

C7 Ketones 2.80 2.80 3-Methyl-2-Hexanone 2.81 2.81 Methyl Isoamyl Ketone (5-Me thyl-2-Hexanone) 2.10 2.10 C8 Cyclic Ketones 1.25 1.25

2-Octanone 1.66 1.66

C8 Ketones 1.66 1.66Tables of Maximum Incremental Reactivity Values 139 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) C9 Cyclic Ketones 1.13 1.13 2-Propyl Cyclohexa none* 1.71 1.71 4-Propyl Cyclohexa none* 2.08 2.08

2-Nonanone 1.30 1.30 Di-Isobutyl Ketone (2,6-Dimet hyl-4-Heptanone) 2.94 2.94

C9 Ketones 1.30 1.30 C10 Cyclic Ketones 1.02 1.02

2-Decanone 1.06 1.06

C10 Ketones 1.06 1.06 2,6,8-Trimethyl-4-Non anone; Isobutyl Heptyl

Ketone* 1.86 1.86

Biacetyl 20.73 20.73 Methylvinyl ketone 8.73 8.73 Mesityl Oxide (2-Methyl-2 -Penten-4-one)* 17.37 17.37 Isophorone (3,5,5-Trimethyl -2-Cyclohexenone)* 10.58 10.58

1-Nonene-4-one* 3.39 3.39 Hydroxy Acetone 3.08 3.08 Dihydroxyacetone* 4.02 4.02 Methoxy Acetone 2.14 2.14 Diacetone Alcohol (4-Hydroxy-4-Methyl-2- Pentanone) 0.68 0.68

Phenol 1.82 1.82 C7 Alkyl Phenols 2.34 2.34

m-Cresol 2.34 2.34 p-Cresol 2.34 2.34

o-Cresol 2.34 2.34 C8 Alkyl Phenols* 2.07 2.07 C9 Alkyl Phenols* 1.86 1.86 C10 Alkyl Phenols* 1.68 1.68 C11 Alkyl Phenols* 1.54 1.54 C12 Alkyl Phenols* 1.42 1.42 2-Phenoxyethanol; Ethylene Glycol Phenyl

Ether* 3.61 3.61

1-Phenoxy-2-Propanol 1.73 1.73

Nitrobenzene 0.07 0.07 Para Toluene Isocyanate 0.93 0.93 Toluene Diisocyanate (Mixed Isomers) 0.00 0.00 Methylene Diphenylene Diisocyanate 0.79 0.79 N-Methyl Acetamide** 19.70 19.70 Dimethyl Amine 9.37 9.37 Ethyl Amine 7.80 7.80 Trimethyl Amine 7.06 7.06Tables of Maximum Incremental Reactivity Values 140 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) Triethyl Amine** 16.60 16.60 Diethylenetriamine** 13.03 13.03

Ethanolamine 5.97 5.97 Dimethylaminoethan ol 4.76 4.76 Monoisopropanol Amine (1-Ami no-2-Propanol)** 13.42 13.42 2-Amino-2-Methyl-1-Propanol** 15.08 15.08

Diethanol Amine 4.05 4.05

Triethanolamine 2.76 2.76 Methyl Pyrrolidone (N-Methyl-2-Pyrrolidone) 2.56 2.56 Morpholine** 15.43 15.43

Nitroethane** 12.79 12.79

Nitromethane** 7.86 7.86 1-Nitropropane** 16.16 16.16 2-Nitropropane** 16.16 16.16 Dexpanthenol (Pantot henylol)** 9.35 9.35 Methyl Ethyl Ketoxime (Ethyl Methyl Ketone Oxime)** 22.04 22.04

Hydroxyethylethylene Urea** 14.75 14.75 Methyl Chloride 0.03 0.03 Methylene Chloride (Dichloromethane) 0.07 0.07 Methyl Bromide 0.02 0.02

Chloroform 0.03 0.03

Carbon Tetrachloride* 0.00 0.00 Methylene Bromide* 0.00 0.00 Vinyl Chloride 2.92 2.92 Ethyl Chloride 0.25 0.25
1,1-Dichloroethane 0.10 0.10 1,2-Dichloroethane 0.10 0.10 Ethyl Bromide 0.11 0.11 1,1,1-Trichlor oethane 0.00 0.00 1,1,2-Trichlor oethane 0.06 0.06 1,2-Dibromoethane 0.05 0.05 n-Propyl Bromide 0.35 0.35 n-Butyl Bromide 0.60 0.60 trans-1,2-Dichloroethene 0.81 0.81 Trichloroethylene 0.60 0.60 Perchloroethylene 0.04 0.04 2-(Chloro-Methyl)-3-Chloro Propene 1.13 1.13

Monochlorobenzene 0.36 0.36 p-Dichlorobenzene 0.20 0.20

Benzotrifluoride 0.26 0.26 PCBTF (p-Trifluoromethyl-Cl-Benzene) 0.11 0.11Tables of Maximum Incremental Reactivity Values 141 Organic Compound MIR Value (July 18, 2001) New MIR Value (July 7, 2004) HFC-134a (1,1,1,2-Tetra fluoroethane)** 0.00 0.00 HFC-152a (1,1-Difl uoroethane)** 0.00 0.00 Dimethyl Sulfoxide 6.90 6.90 Unspeciated C6 Alkanes* 1.48 1.48 Unspeciated C7 Alkanes* 1.79 1.79 Unspeciated C8 Alkanes* 1.64 1.64 Unspeciated C9 Alkanes* 2.13 2.13 Unspeciated C10 Alkanes* 1.16 1.16 Unspeciated C11 Alkanes* 0.90 0.90 Unspeciated C12 Alkanes* 0.81 0.81 Unspeciated C13 Alkanes* 0.73 0.73 Unspeciated C14 Alkanes* 0.67 0.67 Unspeciated C15 Alkanes* 0.61 0.61 Unspeciated C16 Alkanes* 0.55 0.55 Unspeciated C17 Alkanes* 0.52 0.52 Unspeciated C18 Alkanes* 0.49 0.49 Unspeciated C10 Aromatics* 5.48 5.48 Unspeciated C11 Aromatics* 4.96 4.96 Unspeciated C12 Aromatics* 4.53 4.53

Base ROG Mixture 3.71 3.71 Alkane, Mixed – Predominantly (Minimally 94%)
C13-14 0.67 0.67

Oxo-Hexyl Acetate 1.03 1.03 Oxo-Heptyl Acetate 0.97 0.97 Oxo-Octyl Acetate 0.96 0.96 Oxo-Nonyl Acetate 0.85 0.85 Oxo-Decyl Acetate 0.83 0.83 Oxo-Dodecyl Acetate 0.72 0.72 Oxo-Tridecyl Acetate 0.67 0.67

* This reactive organic compound was added to t he Table of MIR Values on July 7, 2004 and may be used in aerosol co ating products after this date, as specified in section 94522(h)(2)(B), ti tle 17, California Code of Regulations

** ULMIR (as defined in se ction 94521(a)(71), title 17, California Code of Regulations.)

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.Tables of Maximum Incremental Reactivity Values 142 94701. MIR Values for Hydrocarbon Solvents.

(a) Aliphatic Hydrocarbon Solvents

Bin Average Boiling
Point*** (degrees F) Criteria MIR Value (July 18, 2001)

1 80-205 Alkanes (< 2% Aromatics) 2.08

2 80-205 N- & Iso-Alkanes ( ≥ 90% and < 2% Aromatics) 1.59

3 80-205 Cyclo-Alkanes ( ≥ 90% and < 2% Aromatics) 2.52

4 80-205 Alkanes (2 to < 8% Aromatics) 2.24 5 80-205 Alkanes (8 to 22% Aromatics) 2.56 6 >205-340 Alkanes (< 2% Aromatics) 1.41

7 >205-340 N- & Iso-Alkanes ( ≥ 90% and < 2% Aromatics) 1.17

8 >205-340 Cyclo-Alkanes ( ≥ 90% and < 2% Aromatics) 1.65

9 >205-340 Alkanes (2 to < 8% Aromatics) 1.62 10 >205-340 Alkanes (8 to 22% Aromatics) 2.03 11 >340-460 Alkanes (< 2% Aromatics) 0.91

12 >340-460 N- & Iso-Alkanes ( ≥ 90% and < 2% Aromatics) 0.81

13 >340-460 Cyclo-Alkanes ( ≥ 90% and < 2% Aromatics) 1.01

14 >340-460 Alkanes (2 to < 8% Aromatics) 1.21 15 >340-460 Alkanes (8 to 22% Aromatics) 1.82 16 >460-580 Alkanes (< 2% Aromatics) 0.57

17 >460-580 N- & Iso-Alkanes ( ≥ 90% and < 2% Aromatics) 0.51

18 >460-580 Cyclo-Alkanes ( ≥ 90% and < 2% Aromatics) 0.63

19 >460-580 Alkanes (2 to < 8% Aromatics) 0.88 20 >460-580 Alkanes (8 to 22% Aromatics) 1.49

*** Average Boiling Point = (Initial Boiling Point + Dry Point) / 2Tables of Maximum Incremental Reactivity Values 143 (b) Aromatic Hydrocarbon Solvents

Bin Boiling Range (degrees F) Criteria MIR Value (July 18, 2001)

21 280-290 Aromatic Content ( ≥ 98%) 7.37

22 320-350 Aromatic Content ( ≥ 98%) 7.51

23 355-420 Aromatic Content ( ≥ 98%) 8.07

24 450-535 Aromatic Content ( ≥ 98%) 5.00Alternative Control Plan Regulation 144 

## ALTERNATIVE CONTROL PLAN REGULATION
FOR CONSUMER PRODUCTS
AND AEROSOL COATING PRODUCTSAlternative Control Plan Regulation 145 

### ALTERNATIVE CONTROL PLAN REGULATION FOR
CONSUMER PRODUCTS AND AEROSOL COATING PRODUCTS

SUBCHAPTER 8.5 CONSUMER PRODUCTS

Article 4. Alternative Control Plan

94540. Purpose

The purpose of this article is to provi de an alternative method to comply with the VOC standards for consumer products and aerosol coating products that are specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Articles 2 and 3, sections 94507-94517 and 94520-94528. This alternative is provided by allowing re sponsible ACP parties the option of voluntarily entering into s eparate “alternative control pl ans” (ACPs) for consumer products and aerosol coating products, as specified in this article.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94541. Applicability

Only responsible ACP parties for consum er products or aerosol coating products may enter into an ACP. An ACP shall in clude only those consumer products or only those aerosol coating products which are s ubject to the VOC standards specified in sections 94509 or 94522, Title 17, Califor nia Code of Regulations. Consumer products and aerosol coating products sha ll not be included together in the same
ACP.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94542. Definitions

(a) For the purposes of this article, the following definitions shall apply:

(1) “ACP Emissions” means the sum of t he VOC emissions from every ACP product subject to an Executive Order approvi ng an ACP, during the compliance period specified in the Executive Order, ex pressed to the nearest pound of VOC and calculated according to the following equation:

) (Emissions + + ) (Emissions + ) (Emissions = Emissions ACP
N 2 1 KAlternative Control Plan Regulation 146 where,

For all products except for charcoal light er material products and aerosol coating products:

A = net weight of unit (excluding container and packaging)

B = total weight of all VOCs per unit, as defined in subsection (a)(31) of this

section

C = total weight of all exempted VOCs per unit, as specified in section 94510

For charcoal lighter material products only:

Certified Emissions = the emissions level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH 2 per start.

Certified Use Rate = the usage level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start.

For aerosol coating products only:

VOC Content = Percent VOC By Weight

“Percent VOC By Weight” shall have the same meaning as defined in section 94521(a)(46); 100 Sales] le [Enforceab x Content] [VOC

= Emissions

A 100] x C) [(B

= Content VOC

Rate Use Certified 100] x Emissions [Certified

= Content VOCAlternative Control Plan Regulation 147 For all products:

Enforceable Sales = the total amount of an ACP product sold for use in California, during the applicable compliance period specified in the Executive Order approving an ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding container and packaging).

1,2,...N = each product in an ACP up to the maximum N.

(2) “ACP Limit” means the maximum allo wable ACP Emissions during the compliance period specified in an Executive Order approving an ACP, expressed to the nearest pound of VOC and calculated acco rding to the following equation:

where,

Enforceable Sales = the total amount of an ACP product sold for use in California, during the applicable compliance period specified in the Executive Order approving an ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding container and packaging).

ACP Standard = either the ACP product's Pr e-ACP VOC Content, or the applicable VOC standard specified in sections 94509 or 94522, whichever

is the lesser of the two.

Pre-ACP VOC
Content = the lowest VOC cont ent which the ACP product had between January 1, 1990 and the date on which the application for a proposed ACP is submitted to the Executive Officer, based on either the data on the product obt ained from the March 12, 1991 Air Resources Board Consumer Products Survey, the data on the product obtained from the Febr uary 25, 1993 Air Resources Board Aerosol Paint Survey, or other accurate records available to the Executive Office, whichever yields the lowest VOC content for the product. ) (Limit + + ) (Limit + ) (Limit = Limit ACP
N 2 1 K

100 Sales] le [Enforceab x Standard] [ACP

= LimitAlternative Control Plan Regulation 148 1,2,...N = each product in an ACP up to the maximum N.

(3) “ACP Product” means any “consumer pr oduct” or any “aerosol coating product” subject to the VOC standards specified in sections 94509 or 94522, except those products that have been exempted under se ctions 94510 or 94523, or exempted

as Innovative Products under section 94511.

(4) “ACP Reformulation” or “ACP Reformula ted” means the process of reducing the VOC Content of an ACP product, within the per iod that an ACP is in effect, to a

level which is less than the curr ent VOC content of the product.

(5) “ACP Standard” means either the AC P product's Pre-ACP VO C Content or the applicable VOC standard specified in sect ions 94509 or 94522, whichever is the
lesser of the two.

(6) “Alternative Control Plan” or “ACP” means any emissions averaging program approved by the Executive Officer pursuant to the provisions of this article.

(7) “Compliance Period” means the period of time, not to exceed one year, for which the ACP Limit and ACP Emissions are calculated and for which compliance with the ACP Limit is determined, as specifi ed in the Executive Order approving an
ACP.

(8) “Contact Person” means a representat ive(s) that has been designated by the responsible ACP party for the purpose of reporting or maintaining any information specified in the Executiv e Order approving an ACP.

(9) “Date-Code” means the day, month and year on which the ACP product was manufactured, filled, or packaged, or a code indicating such a date.

(10) “Enforceable Sales” means the total amount of an ACP product sold for use in California, during the applicable complianc e period specified in the Executive Order approving an ACP, as determi ned through enforceable sales records (expressed to the nearest pound, excluding product container and packaging).

(11) “Enforceable Sales Record” means a wri tten, point-of-sale record or any other Executive Officer-approved system of docum entation from which the mass, in pounds (less product container and packaging), of an ACP product sold to the end user in California during the applicable compliance period can be accurately documented. For the purposes of this articl e, “enforceable sales records” include, but are not limited to, the following types of records:

(A) accurate records of direct retail or other outlet sales to the end user during the applicable compliance period;Alternative Control Plan Regulation 149 (B) accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that a detailed method which can be used to verify any data comprising such summari es is submitted by the responsible ACP party and approved by the Executive Officer;

(C) any other accurate product sales records approved by the Executive Officer as meeting the criteria specif ied in this subsection (a)(11).

(D) for pesticides only, accurate mill assessment records for economic poisons, verified by the California Department of Pesticide Regulations, which cover the sales of ACP pesticide products dur ing the applicable compliance period.

(12) “Executive Order” means the docum ent signed by the Executive Officer which includes the conditions and requirement s of the ACP, and which allows manufacturers to sell ACP products in Ca lifornia pursuant to the requirements of

this article.

(13) “Gross California Sales” means the es timated total California sales of an ACP product during a specific compliance period (expressed to the nearest pound), based on either of the following methods, whichever the responsible ACP party

demonstrates to the satisfaction of the Executive Officer will provide an accurate
California sales estimate:

(A) apportionment of national or regional sa les of the ACP product to California sales, determined by multiplying the average national or regional sales of the product by the fraction of the national or regional population, respectively, that is represented by Califor nia's current population; or

(B) any other documented method which provides an accurate estimate of the total current California sales of the ACP product.

(14) “LVP” or “LVP Compound” means a low vapor pressure VOC which:

(A) has a vapor pressure less than 0.1 mm Hg at 20 degrees Centigrade, or

(B) if the vapor pressure is unk nown, has more than 12 carbon atoms.

(15) “LVP Content” means the total weigh t, in pounds, of LVP compounds in an ACP product multiplied by 100 and divided by the product's total net weight (in pounds, excluding container and packaging), ex pressed to the nearest 0.1.

(16) “Missing Data Days” means the number of days in a compliance period for which the responsible ACP party has failed to provide the required Enforceable Sales or VOC Content data to the Executive Officer, as specified in the Executive OrderAlternative Control Plan Regulation 150 approving an ACP.

(17) “One-product business” means a respons ible ACP party which sells, supplies, offers for sale, or manufactures for use in California:

(A) only one distinct ACP product, sold under one product brand name, which is subject to the requirements of sections 94509 or 94522, or

(B) only one distinct ACP product line subj ect to the requirements of sections 94509 or 94522, in which all the ACP products belong to the same product category(ies) and the VOC Contents in the products are within 98.0% and
102.0% of the arithmetic mean of t he VOC Contents over the entire product

line.

(18) “Pre-ACP VOC Content” means the lowest VOC content of an ACP product between January 1, 1990 and the date on wh ich the application for a proposed
ACP is submitted to the Executive Office r, based on either the data on the product obtained from the March 12, 1991 Air Re sources Board Consumer Products Survey, the data on the product obtai ned from the February 25, 1993 Air Resources Board Aerosol Paint Survey, or other accurate records available to the Executive Officer, whichever yields t he lowest VOC content for the product.

(19) “Product Line” means a group of produc ts of identical form and function belonging to the same product category(ies).

(20) “Reconcile” or “Reconciliation” means to provide sufficient VOC emission reductions to completely offset any shortfalls generated under the ACP during an applicable compliance period.

(21) “Reconciliation of Shortfalls Plan” m eans the plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Executive Officer pursuant to section 94543(a)(7)(J).

(22) “Responsible ACP Party” means the com pany, firm or establishment which is listed on the ACP product's label. If the label lis ts two or more companies, firms, or establishments, the “responsible ACP par ty” is the party which the ACP product was “manufactured for” or “distributed by”, as noted on the label.

(23) “Retail Outlet” means any establishm ent at which consumer products are sold, supplied, or offered for sale directly to consumers.

(24) “Shortfall” means the ACP Emissions minus the ACP Limit when the ACP Emissions were greater than the ACP Limi t during a specified compliance period, expressed to the nearest pound of VOC. “Shortfall” does not include emissions occurring prior to the date that the Execut ive Order approving an ACP is signed byAlternative Control Plan Regulation 151 the Executive Officer.

(25) “Small Business” shall have the same meaning as defined in Government Code Section 11342(h).

(26) “Surplus Reduction” means the ACP Limit minus the ACP Emissions when the ACP Limit was greater than the ACP Emi ssions during a given compliance period, expressed to the nearest pound of VOC. Except as provided in section 94547(c), “Surplus Reduction” does not include emissi ons occurring prior to the date that the Executive Order approving an ACP is signed by the Executive Officer.

(27) “Surplus Trading” means the buying, selling, or transfer of Surplus Reductions between responsible ACP parties.

(28) “Total Maximum Historical Emissions ” (TMHE), means the total VOC emissions from all ACP products for which the responsible ACP party has failed to submit the required VOC Content or Enforceable Sa les records. The TMHE shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP has failed to provide the requir ed VOC Content or Enforceable Sales records. The TMHE shall be expressed to the nearest pound and calculated according to the following calculation:

where,

Highest
VOC Content = the maximum VOC content which the ACP product has contained in the previous 5 years, if the responsible ACP party has failed to meet the require ments for reporting VOC Content data (for any portion of the comp liance period), as specified in the Executive Order approving the ACP, or the current actual VOC Content, if the responsible ACP party has provided all required VOC Content data (for the entire compliance period), as specified in the Executive Order. ) (MHE + + ) (MHE + ) (MHE = TMHE
N 2 1 K

Days Data Missing x ] 365 x 100 Sales Highest x Content VOC Highest [ = MHEAlternative Control Plan Regulation 152 Highest Sales = the maximum one-year Gr oss California Sales of the ACP product in the previous 5 years, if the responsible ACP party has failed to meet the requirements for reporting Enforceable Sales records (for any portion of the compliance period), as specified in the Executive Or der approving the ACP, or the current actual one-year Enforceable Sales for the product, if the responsible ACP party has provided all required Enforceable Sales records (for the entire comp liance period), as specified in the Executive Order approving the ACP.

Missing Data Days = the number of days in a compliance period for which the responsible ACP party has failed to provide the required
Enforceable Sales or VOC Content data as specified in the Executive Order approving an ACP.

1, 2, ..., N = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to submit the required Enforceable Sales or VOC Content data as specified in the Executive Order approving an ACP.

(29) “VOC Content” means the total weight of VOC in a product, expressed to the nearest 0.1 pounds of VOC per 100 pounds of product and calculated according to the following equation:

For all products except for charcoal light er material products and aerosol coating products:

A = net weight of unit (excluding container and packaging)

B = total weight of all VOCs per unit, as defined in section 94542(a)(31)

C = total weight of all exempted VOCs per unit, as specified in

section 94510

For charcoal lighter material products only, A 100]

x C) [(B

= Content VOC

Rate Use Certified 100] x Emissions [Certified

= Content VOCAlternative Control Plan Regulation 153 Certified Emissions= the emissions level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH 2 per start.

Certified Use Rate = the usage level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start.

For aerosol coating products only:

VOC Content = Percent VOC By Weight

“Percent VOC By Weight” shall have the same meaning as defined in section 94521(a)(46).

(30) “VOC Standard” means the maximum allowable VOC content for an ACP product,

determined as follows:

(A) the applicable VOC Standard specified in sections 94509 or 94522, for all ACP products except for charcoal lighter material;

(B) for charcoal lighter material pr oducts only, the VOC Standard for the purposes of this article shall be calculated according to the following equation:

where,

0.020 = the certification emissions le vel for the Executive Officer-approved product, as specified in section 94509(h).

Certified Use Rate = the usage level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Rate Use Certified 100] x per start CH pound [0.020

= Standard VOC 2Alternative Control Plan Regulation 154 Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start.

(31) “Volatile Organic Compound” or “VOC” s hall have the same meaning as defined in section 94508(a).

(32) “Working Day” means any day between Monday through Friday, inclusive, except for days that are federal holidays.

(a) The definitions set forth in se ctions 94508 and 94521, Title 17, California Code of Regulations, shall also apply to this article.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94543. Requirements and Process for Approval of an ACP

(a) To be considered by the Executive Officer for approval, an application for a proposed ACP shall be submitted in writ ing to the Executive Officer by the responsible ACP party and shall contain all of the following:

(1) an identification of the cont act persons, phone numbers, names and addresses of the responsible ACP party which is submitting the ACP application and will be implementing the AC P requirements specified in the Executive Order;

(2) a statement of whether the responsib le ACP party is a small business or a one-product business, as defined in section 94542(a)(17) and (25);

(3) a listing of the exact product brand name, form, available variations (flavors, scents, colors, sizes, etc.), and app licable product category(ies) for each distinct ACP product that is pr oposed for inclusion in the ACP;

(4) for each proposed ACP product identified in subsection (a)(3) of this section,

a demonstration to the satisfaction of the Executive Officer that the enforceable sales records to be used by the responsible ACP party for tracking product sales meet the minimu m criteria specified in subsection (a)(4)(E) of this section. To provide this demonstration, the responsible ACP party shall do all of the following:

(A) provide the contact persons , phone numbers, names, street and mail addresses of all persons and businesses who will provide information that will be used to determine the Enforceable Sales; (B) determine the Enforceable Sales of each product using enforceable salesAlternative Control Plan Regulation 155 records as defined in section 94542(a)(11);

(C) demonstrate, to the satisfaction of t he Executive Officer, the validity of the Enforceable Sales based on enforceable sales records provided by the contact persons or the responsible ACP party;

(D) calculate the percentage of the Gro ss California Sales, as defined in section 94542 (a)(13) which is comprised of Enforceable Sales;

(E) determine which ACP products have Enforceable Sales which are 75.0% or
more of the Gross California Sales. On ly ACP products meeting this criteria
shall be allowed to be sold in California under an ACP.

(5) for each of the ACP products identified in subsection (a)(4)(E) of this section, the inclusion of the following:

(A) legible copies of the existing labels for each product;

(B) the VOC Content and LVP Cont ent for each product. The VOC Content and LVP Content shall be repor ted for two different periods, as
follows:

1. the VOC and LVP contents of the product at the time the application for an ACP is submitted, and

2. any VOC and LVP contents of t he product, which have occurred at any time within the four years prio r to the date of submittal of the application for an ACP, if either the VOC or LVP contents have varied by more than plus/minus ten percent (+ 10.0%) of the VOC or LVP Contents reported in subsection (a)(5)(B)1., of this section.

(6) a written commitment obligating t he responsible ACP party to date-code every unit of each ACP product approved for inclusion in the ACP. Thecommitment shall require the responsible ACP party to display the datecode on each ACP product container or package no later than 5 working days after the date an Executive Order approving an ACP is signed by the
Executive Officer.

(7) an operational plan covering all the products identified under subsection (a)(4)(E) of this section for each compliance period that the ACP will be in effect. The operational plan shall contain all of the following:Alternative Control Plan Regulation 156 (A) an identification of the comp liance periods and dates for the responsible ACP party to report the information required by the Executive Officer in the Executive Order approving an ACP. The length of the compliance period shall be chosen by the responsible ACP party provided, however, that no compliance period shall be longer than 365 days. The responsible ACP party shall also choose the dates for reporting information su ch that all required VOC Content and Enforceable Sales data for all ACP products shall be reported to the Executive Officer at the same time and at the same frequency;

(B) an identification of specific enforc eable sales records to be provided to the Executive Officer for enforcing the provisions of this article and the Executive Order approving an ACP. The enforceable sales records shall be provided to the Executive Officer no later than the compliance period dates specified in subsection (a)(7)(A) of this section;

(C) for a small business or a one-product business which will be relying to some extent on Surplus Trading to meet its ACP Limits, a written commitment from the responsible ACP party(ies) that they will be transfer the Surplus Reductions to the small business or one-product business upon approval of the ACP;

(D) for each ACP product, all VOC content levels which will be applicable for the ACP product during each compliance period. The plan shall also identify the specific method(s) by which the VOC Content will be

determined and the statistical accu racy and precision (repeatability and reproducibility) calculated fo r each specified method.

(E) the projected Enforceable Sales fo r each ACP product at each different VOC Content for every compliance period that the ACP will be in effect;

(F) a detailed demonstration showing the combination of specific ACP reformulations or Surplus Trading (if applicable) that is sufficient to
ensure that the ACP Emissions will not exceed the ACP Limit for each compliance period that the ACP will be in effect, the approximate date within each compliance period that such reformulations or Surplus Trading are expected to occur, and the extent to which the VOC Contents of the ACP products will be reduced (i.e., by ACP reformulation). This demonstration s hall use the equations specified in section 94542(a)(1) and (a)(2) for projecting the ACP Emissions and ACP Limits during each compliance period. This demonstration shall also include all VOC Content levels and projected Enforceable Sales for all ACP products to be sold in California during each compliance period;Alternative Control Plan Regulation 157 (G) a certification that all reductions in the VOC Content of a product will be real, actual reductions that do not result from changing product names, mischaracterizing ACP product reformulations that have occurred in the past, or any other attempts to circumvent the provisions of this article;

(H) written explanations of the dat e-codes that will be displayed on each ACP product's container or packaging;

(I) a statement of the approximate dates by which the responsible ACP party plans to meet the applicable VOC standards for each product in the ACP;

(J) an operational plan (“reconciliation of shortfalls plan”) which commits the responsible ACP party to completely reconcile any shortfalls in any and all cases, even, to the extent pe rmitted by law, if the responsible ACP party files for bankruptcy protection. The plan for reconciliation of shortfalls shall contain all of the following:

1. a clear and convincing demonstrati on of how shortfalls of up to 5%, 10%, 15%, 25%, 50%, 75% and 100% of the applicable ACP Limit will be completely reconciled within 90 working days from the date the shortfall is determined;

2. a listing of the specific record s and other information that will be necessary to verify that the shortfalls were reconciled as specified in this subsection (a)(7)(J);

3. a commitment to provide any record or information requested by the Executive Officer to verify that the shortfalls have been completely reconciled.

(8) a declaration, signed by a legal representative for the responsible ACP party, which states that all informa tion and operational plans submitted with the ACP application are true and correct.

(b) (1) In accordance with the time periods specified in section 94544, the Executive
Officer shall issue an Executive Order approving an ACP which meets the requirements of this article. The Executive Officer shall specify such terms and conditions as are necessary to ensure t hat the emissions from the ACP products

do not exceed the emissions that woul d have occurred if the ACP products subject to the ACP had met the VOC standar ds specified in section 94509 or the VOC standards specified in section 94522, whichever are applicable. The ACP

shall also include:Alternative Control Plan Regulation 158 (A) only those ACP products for which the Enforceable Sales are at least 75.0% of the Gross California Sales, as determined in subsection (a)(4)(E) of this section;

(B) a reconciliation of shortfalls plan meeti ng the requirements of this article;

(C) operational terms, conditions, and data to be reported to the Executive Officer to ensure that all requirements of this article are met.

(2)The Executive Officer shall not approve an ACP submitted by a responsible ACP party if the Executive Officer determines, upon review of the responsible ACP party's compliance history with past or cu rrent ACPs or the requirements for consumer products or the requirements fo r aerosol coating products (specified in sections 94507-94517 and sections 94520-94528, Title 17, California Code of Regulations), that the responsible ACP par ty has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those

violations.

NOTE: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety
Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code.

94544. ACP Approval Timeframes

(a) The Executive Officer shall take appropriate action on an ACP within the following time periods:

(1) Within 30 working days of receipt of an ACP application, the Executive Officer shall inform the applicant in writing that either:

(A) the application is complete and accepted for filing, or

(B) the application is deficient, and identif y the specific information required to make the application complete.

(2) Within 30 working days of receipt of additional information provided in response to a determination that an ACP application is deficient, the Executive Officer shall inform the applicant in writing that either:

(A) the additional information is sufficient to make the application complete, and the application is accepted for filing, or

(B) the application is deficient, and identif y the specific information required to make the application complete.Alternative Control Plan Regulation 159 (3) If the Executive Officer finds that an application meets the requirements of section 94543 of this article, then he or she shall issue an Executive Order in accordance with the requirements of this ar ticle. The Executive Officer shall act to approve or disapprove a complete application within 90 working days after the application is deemed complete.

(b) Before the end of each time period specif ied in this section, the Executive Officer and the responsible ACP party may mutually agree to a longer time period for the Executive Officer to take the appropriate action.

NOTE: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety
Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code.

94545. Recordkeeping and Availability of Requested Information

(a) All information specified in the Ex ecutive Order approving an ACP shall be maintained by the responsible ACP party fo r a minimum of three years after such records are generated. Such records shall be clearly legible and maintained in good condition during this period.

(b) The records specified in subsection (a) of this section shall be made available to the
Executive Officer or his or her authorized representative:

(1) immediately upon request, during an on-site visit to a responsible ACP party, or

(2) within five working days after receipt of a written request from the Executive Officer, or

(3) within a time period mutually agreed upon by both the Executive Office and the responsible ACP party.

NOTE: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety
Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code.

94546. Violations

(a) Any person who commits a violation of th is article is subject to the penalties specified in Health and Safety Code, section 42400 et seq. Failure to meet any requirement of this article or any condi tion of an applicable Executive Order shall constitute a single, separate violation of this article for each day until such requirement or condition is satisfied, exc ept as otherwise provided in subsections (b) through (h) of this section.Alternative Control Plan Regulation 160 (b) False reporting of any information c ontained in an ACP application, or any supporting documentation or amendm ents thereto, shall constitute a single, separate violation of the requirements of this articl e for each day that the approved ACP is in

effect.

(c) Any exceedance during the applicable co mpliance period of the VOC content specified for an ACP product in the Ex ecutive Order approving an ACP shall constitute a single, separate violation of t he requirements of this article for each ACP product which exceeds the specified VOC Cont ent that is sold, supplied, offered for sale, or manufactured for use in California.

(d) Any of the following actions shall each cons titute a single, separate violation of the requirements of this article for each day after the applicable deadline until the requirement is satisfied:

(1) Failure to report data (i.e ., “missing data”) or failure to report data accurately (i.e., “inaccurate data”) in writing to the Ex ecutive Officer regarding the VOC content, LVP Content, Enforceable Sales, or any other information required by any deadline specified in the applicable Executive Order;

(2) False reporting of any information s ubmitted to the Executive Officer for determining compliance with the ACP requirements;

(3) Failure to completely implement the re conciliation of shortfalls plan that is set forth in the Executive Order, within 30 wo rking days from the date of written notification of a shortfall by the Executive Officer;

(4) Failure to completely reconcile the shor tfall as specified in the Executive Order, within 90 working days from the date of wr itten notification of a shortfall by the
Executive Officer.

(e) False reporting or failure to report any of the information specified in section 94547(b)(9), or the sale or transfer of inva lid Surplus Reductions, shall constitute a single, separate violation of the requirements of this article for each day during the time period for which the Surplus Reductions are claimed to be valid.

(f) Except as provided in subsection (g) of this section, any exceedance of the ACP Limit for any compliance period that the ACP is in effect shall constitute a single, separate violation of the requi rements of this article for each day of the applicable compliance period. The Executive Officer shall determine whether an exceedance
of the ACP Limit has occurred as follows:

(1) If the responsible ACP party has pr ovided all required information for the applicable compliance period specified in the Executive Order approving an ACP,
then the Executive Officer shall determine whether an exceedance has occurredAlternative Control Plan Regulation 161 using the Enforceable Sales records and VOC Content for each ACP product, as reported by the responsible ACP party for the applicable compliance period;

(2) If the responsible ACP party has fail ed to provide all the required information specified in the Executive Order fo r an applicable compliance period, the
Executive Officer shall determine whether an exceedance of the ACP Limit has

occurred as follows:

(A) for the missing data days, the Executive Officer shall calculate the total maximum historical emissions, as specified in section 94542(a)(28);

(B) for the remaining portion of the compliance period which are not missing data days, the Executive Officer shall calculate the emissions for each ACP product using the Enforceable Sales records and VOC Content that were reported for that portion of t he applicable compliance period;

(C) the ACP Emissions for the entire compliance period shall be the sum of the

total maximum historical emissions , determined pursuant to subsection (f)(2)(A), and the emissions determined pursuant to subsection (f)(2)(B);

(D) the Executive Officer shall calculate the ACP Limit for the entire compliance period using the ACP Standards app licable to each ACP product and the Enforceable Sales records specified in subsection (f)(2)(B). The Enforceable Sales for each ACP Product during missing data days, as specified in subsection (f)(2)(A), shall be zero (0);

(E) an exceedance of the ACP Limit has occurred when the ACP Emissions, determined pursuant to subsection (f )(2)(C), exceeds the ACP Limit, determined pursuant to subsection (f)(2)(D).

(g) If a violation specified in subsection (f) of this section occurs, the responsible ACP party may, pursuant to this paragraph, es tablish the number of violations as calculated according to the following equation:

1 violation

NEV = (ACP Emi ssions - ACP Limit) X ___________

40 pounds

where,

NEV = number of ACP Limit violationsAlternative Control Plan Regulation 162 ACP Emissions = the ACP Emissions for the compliance period

ACP Limit = the ACP Limit for the compliance period

The responsible ACP party may determine the number of ACP Limit violations pursuant to this paragraph only if it has provided all required information for the applicable compliance period, as specified in the Executive Order approving the ACP. By choosing this option, the responsible ACP party waives any and all legal objections to the calculation of the AC P Limit violations pursuant to this subsection (g).

(h) In assessing the amount of penalties for any violation occurring pursuant to subsections (a) - (g) of this section, the circumstances identified in Health and Safety Code section 42403(b) shall be taken into consideration.

(i) A cause of action against a responsible ACP party under this section shall be deemed to accrue on the date(s) when the records establishing a violation are received by the Executive Officer.

(j) The responsible ACP party is fully liabl e for compliance with the requirements of this article, even if the responsible ACP par ty contracts with or otherwise relies on another person to carry out some or all of the requirements of this article.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41712, 42400-42403, 42404.5, Health and Safety Code; and section 338( k), Code of Civil Procedure.

94547. Surplus Reductions and Surplus Trading

(a) The Executive Officer shall issue Execut ive Orders (Surplus Reduction Certificates) which establish and quantify, to the near est pound of VOC reduced, any Surplus Reductions achieved by a responsible ACP party operating under an ACP. The Surplus Reductions can be bought from, sold to, or transferred to a responsible ACP party operating under an ACP, as provided in subsection (b) of this section. All Surplus Reductions shall be calculated by the Executive Officer at the end of each compliance period within the time specifi ed in the approved ACP. Surplus Reduction
Certificates shall not constitute instrument s, securities, or any other form of property.

(b) The issuance, use, and trading of all Su rplus Reductions shall be subject to the following provisions:

(1) For the purposes of this article, VOC r eductions from sources of VOCs other than consumer products subject to the VOC standards specified in section 94509 or aerosol coating products subject to t he VOC standards specified in sectionAlternative Control Plan Regulation 163 94522 may not be used to generate Surplus Reductions;

(2) Surplus Reductions are valid only when generated by a responsible ACP party, and only while that responsible ACP par ty is operating under an approved ACP;

(3) Surplus Reductions are valid only a fter the Executive Officer has issued an Executive Order pursuant to subsection (a) of this section.

(4) Any Surplus Reductions issued by the Executive Officer may be used by the responsible ACP party who generated the su rplus until the reductions expire, are traded, or until the ACP is cance lled pursuant to section 94551;

(5) Surplus Reductions cannot be applied re troactively to any compliance period prior to the compliance period in wh ich the reductions were generated;

(6) Except as provided in subsection (b)(7 )(B) of this section, only small or oneproduct businesses selling products under an approved ACP may purchase Surplus Reductions. An increase in the size of a small business or one-product business shall have no effect on Surplus Reductions purchased by that business prior to the date of the increase.

(7) While valid, Surplus Reductions can be used only for the following purposes:

(A) to adjust either the ACP Emissions of either the responsible ACP party who generated the reductions or the res ponsible ACP party to which the reductions were traded, provided the Surplus Reductions are not to be used by any responsible ACP party to further lower its ACP Emissions when its ACP Emissions are equal to or less than the ACP Limit during the applicable compliance period; or

(B) to be traded for the purpose of reconciling another responsible ACP party's shortfalls, provided such reconciliation is part of the reconciliation of shortfalls plan approved by the Executive Officer pursuant to section 94543(a)(7)(J).

(8) A valid Surplus Reduction shall be in effect starting five (5) days after the date of issuance by the Executive Officer, for a continuous period equal to the number of days in the compliance period during which the Surplus Reduction was generated. The Surplus Reduction shall t hen expire at the end of its effective period.

(9) At least five (5) worki ng days prior to the effective date of transfer of Surplus Reductions, both the responsible ACP party which is selling Surplus Reductions and the responsible ACP party which is buying the Surplus Reductions shall, either together or separately, notify the Executive Officer in writing of the transfer.Alternative Control Plan Regulation 164 The notification shall include all of the following:

(A) the date the transfer is to become effective;

(B) the date the Surplus Reductions being traded are due to expire;

(C) the amount (in pounds of VOCs) of Surplus Reductions that are being transferred; (D) the total purchase price paid by the buyer for the Surplus Reductions;

(E) the contact persons, names of the companies, street and mail addresses, and phone numbers of the responsible ACP parties involved in the trading of the Surplus Reductions;

(F) a copy of the Executive Officer-issued Surplus Reductions Certificate, signed by both the seller and buyer of the ce rtificate, showing transfer of all or a specified portion of the Surplus Reductions. The copy shall show the amount of any remaining non-traded Surplu s Reductions, if applicable, and shall show their expiration date. The c opy shall indicate that both the buyer and seller of the Surplus Reductions fully understand the conditions and limitations placed upon the transfer of the Surplus Reductions and accept full responsibility for the appropriate use of such Surplus Reductions as provided in this section.

(10) Surplus Reduction Credits shall not be traded between an ACP for consumer products and an ACP for aerosol coating products.

(c) Limited-Use Surplus Reduction Credits for Early Reformulations of ACP Products

(1) For the purposes of this subsection (c ), “early reformulation” means an ACP product which is reformulated to result in a reduction in the product's VOC Content, and which is sold, supplied, or offe red for sale in California for the first time during the one-year (365 day) period immediately prior to the date on which the application for a proposed ACP is submi tted to the Executive Officer. “Early reformulation” does not include any reformulated ACP products which are sold, supplied, or offered for sale in Californi a more than one year prior to the date on which the ACP application is subm itted to the Executive Officer.

(2) If requested in the application for a pr oposed ACP, the Executive Officer shall, upon approval of the ACP, issue Surplus Reduction Credits for early reformulation(s) of ACP product(s), provided that all of the following documentation has been provided by the responsible ACP party to the
satisfaction of the Executive Officer:

(A) accurate documentation showing that the early reformulation(s) reduced theAlternative Control Plan Regulation 165 100 ) ] Content [VOC ] Content [VOC (

x Sales e Enforceabl = SR final initial VOC content of the ACP product(s) to a level which is below the Pre-ACP VOC content of the product(s), or below the applicable VOC standard(s) specified in sections 94509 or 94522, wh ichever is the lesser of the two;

(B) accurate documentation demonstrati ng that the early reformulated ACP product(s) was sold in California retail outlets within the time period specified in subsection (c)(1);

(C) accurate sales records for the ear ly reformulated ACP product(s) which

meet the definition of “E nforceable Sales Records” in section 94542(a)(11),

and which demonstrate that the Enforc eable Sales for the ACP product(s)
are at least 75.0% of the Gross Ca lifornia Sales for the product(s), as specified in section 94543(a)(4);

(D) accurate documentation for the ear ly reformulated ACP product(s) which meets the requirements specified in sections 94543 (a)(3)-(4), (a)(7)(G)-(H), and (a)(8), and which identifies the specif ic test methods for verifying the claimed early reformulation(s) and the statistical accuracy and precision of the test methods as specified in section 94543 (a)(7)(D).

(3) Surplus Reduction Credits issued purs uant to this subsection (c) shall be calculated separately for each early refo rmulated ACP product by the Executive Officer according to the following equation:

where,

SR = Surplus Reductions for the ACP product, expressed to the nearest pound

Enforceables Sales = the Enforceable Sales for the early reformulated ACP product, expressed to the nearest pound of ACP product ,

VOC
Content initial = the Pre-ACP VOC content of the ACP product, or the applicable VOC standard specified in sections 94509 or 94522, whichever is the lesser of the two, expre ssed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product,

VOC
Content final = the VOC Content of the early reformulated ACP product afterAlternative Control Plan Regulation 166 the early reformulation is achieved, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.

(4) The use of Surplus Reduction Credits iss ued pursuant to this subsection (c) shall be subject to all of the following provisions:

(A) Surplus Reduction Credits shall be used solely to reconcile the responsible ACP party's shortfalls, if any, generated during the first compliance period occurring immediately after the issuanc e of the Executive Order approving an ACP, and shall not be used for any other purpose;

(B) Surplus Reduction Credits shall not be transferred to, or used by, any other responsible ACP party;

(C) Surplus Reduction Credits shall not be traded between an ACP for consumer products and an ACP for aerosol coating products;

(D) Except as provided in this subsec tion (c), Surplus Reduction Credits shall be subject to all requirements applicable to Surplus Reductions and Surplus Trading, as specified in subsections 94547(a) and (b)

NOTE: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety
Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code.

94548. Reconciliation of Shortfalls

(a) At the end of each compliance period, the responsible ACP party shall make an initial calculation of any shortfalls occurring in that compliance period, as specified in the Executive Order approving the ACP. Upon receipt of this information, the
Executive Officer shall determine the amount of any shortfall that has occurred during the compliance period, and shall notif y the responsible ACP party of this

determination.

(b) The responsible ACP party shall implem ent the reconciliation of shortfalls plan as specified in the Executive Order approving the ACP, within 30 working days from the

date of written notification of a shortfall by the Executive Officer;

(c) All shortfalls shall be completely reconc iled within 90 working days from the date of
written notification of a shortfa ll by the Executive Officer, by:

(1) implementing the reconciliation of shortfa lls plan specified in the Executive Order approving the ACP, or

(2) using hairspray emission reduction credits (HERCs) as specified inAlternative Control Plan Regulation 167 section 94567(c), Title 17, Calif ornia Code of Regulations.

(d) All requirements specified in the Exec utive Order approving an ACP, including all applicable ACP Limits, shall remain in effect while any shortfalls are in the process of being reconciled.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94549. Notification of Modifications to an ACP by the Responsible ACP Party

(a) Modifications That Do Not Require Exec utive Officer Pre-Approval: The responsible ACP party shall notify the Executive Office r, in writing, of any change in an ACP product's:

(1) product name, (2) product formulation, (3) product form, (4) product function, (5) applicable product category(ies), (6) VO C Content, (7) LVP Content, (8) datecodes, or (9) recommended product usage directions, no later than 15 working days from the date such a change occurs. For each modification, the notification shall fully explain the following:

(A) the nature of the modification;

(B) the extent to which the ACP produc t formulation, VOC Content, LVP Content, or recommended usage directions will be changed;

(C) the extent to which the ACP Emi ssions and ACP Limit specified in the Executive Order will be changed for the applicable compliance period; and

(D) the effective date and corresponding date-codes for the modification.

(b) Modifications That Require Executive Officer Pre-Approval: The responsible ACP party may propose modifications to the En forceable Sales records or reconciliation of shortfalls plan specified in the Execut ive Order approving the ACP. Any such proposed modifications shall be fully described in writing and forwarded to the Executive Officer. The responsible ACP party shall clearly demonstrate that the proposed modifications will meet the requirem ents of this article. The Executive Officer shall act on the proposed modifications using the procedure set forth in section 94544. The responsible ACP party shall meet all applicable requirements of the existing ACP until such time as any proposed modification(s) is approved in writing by the Executive Officer.

(c) Other Modifications: Except as otherwise provided in subsections (a) and (b) of this section, the responsible ACP party shall not ify the Executive Officer, in writing, of any information learned of by the responsible ACP party which may alter any of theAlternative Control Plan Regulation 168 information submitted pursuant to the requirements of section 94543. The responsible ACP party shall provide such notification to the Executive Officer no later than 15 working days from the date such information is known to the responsible ACP party.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94550. Modification of an ACP by the Executive Officer

(a) If the Executive Officer determines t hat: (1) the Enforceable Sales for an ACP product are no longer at least 75.0% of the Gross California Sales for that product, or (2) the information submitted pursuant to the approval process set forth in section 94543 is no longer valid, or (3) the ACP Emissions are exceeding the ACP Limit specified in the Executive Order approvi ng an ACP, then the Executive Officer shall modify the ACP as necessary to ensure that the ACP meets all requirements of this
article and that the ACP Emissions will not exceed the ACP Limit. The Executive Officer shall not modify the ACP without first affording the responsible ACP party an opportunity for a public hearing in accordanc e with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to determine if the ACP should be modified.

(b) If any applicable VOC standards specified in sections 94509 or 94522 are modified by the Air Resources Board in a future rulemaking, the Executive Officer shall modify the ACP Limit specified in the Executiv e Order approving an ACP to reflect the
modified VOC standards as of their effective dates.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94551. Cancellation of an ACP

(a) An ACP shall remain in effect until:

(1) the ACP reaches the expiration dat e specified in the Executive Order;

(2) the ACP is modified by the responsible ACP party and approved by the Executive Officer, as provided in section 94549;

(3) the ACP is modified by the Executive Officer, as provided in section 94550;

(4) the ACP includes a product for which the VOC standard specified in sections 94509 or 94522 is modified by the Air Resources Board in a future rulemaking, and the responsible ACP party informs the Executive Officer in writing that the ACP will terminate on the effective date( s) of the modified standard;Alternative Control Plan Regulation 169 (5) the ACP is cancelled pursuant to subsection (b) of this section.

(b) The Executive Officer shall cancel an ACP if any of the following circumstances

occur:

(1) the responsible ACP party demonstrates to the satisfaction of the
Executive Officer that the continuat ion of the ACP will result in an extraordinary economic hardship;

(2) the responsible ACP party violat es the requirements of the approved ACP, and the violation(s) results in a shortfall that is 20.0% or more of the applicable ACP Limit (i.e., the ACP Emissions exceed the ACP Limit by 20.0% or more );

(3) the responsible ACP party fails to meet the requirements of section 94548 (Reconciliation of Shortfalls) within the time periods specified in

section 94548.

(4) the responsible ACP party has demonstrated a recurring pattern of violations and has consistently failed to take the necessary steps to

correct those violations.

(c) The Executive Officer shall not cancel an ACP pursuant to subsection (b) of this section without first affording the responsible ACP party an opportunity for a public hearing in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to dete rmine if the ACP should be cancelled.

(d) The responsible ACP party for an ACP which is cancelled pursuant to this section and who does not have a valid ACP to immediately replace the
cancelled ACP shall meet all of the following requirements:

(1) all remaining shortfalls in effect at the time of ACP cancellation shall be

reconciled in accordance with the requirements of section 94548, and

(2) all ACP products subject to the ACP shall be in compliance with the applicable VOC standards in sections 94509 and 94522 immediately upon the effective date of ACP cancellation.

(e) Any violations incurred pursuant to se ction 94546 shall not be cancelled or in any way affected by the subsequent cancellation or modification of an ACP pursuant to section 94549, 94550 or 94551.

NOTE: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and SafetyAlternative Control Plan Regulation 170 Code. Reference: Sections 39002, 39600, 40000, 41511, 41712, 42400-42403, Health and Safety Code.

94552. Treatment of Information

The information required by sections 94543 (a)(1)-(a)(2) and 94547(b)(9) is public information which may not be claimed as confidential. All other
information submitted to the Executive Offi cer to meet the requirements of this

article shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, sections 91000-91022.

NOTE: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety
Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code.

94553. Other Applicable Requirements

(a) Unless otherwise specified in the Executive Order approving an ACP, all applicable requirements specified in Titl e 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Articles 2 and 3, (sections 94507

- 94517
and 94520-94528), shall remain in effect for all ACP products subject to an ACP.

(b) All applicable requirements specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Articles 2 and 3, (sections 94507-94517 and 94520-94528), shall remain in effect for all ACP products which are not subject to an ACP.

(c) The provisions of this article notwit hstanding, the require ments of the South Coast Air Quality Management District Rule 1174 shall remain in effect for all charcoal lighter material products so ld, supplied, offered for sale, or
manufactured for use in the South C oast Air Quality Management District (as defined in section 40410 of the Health and Safety Code).

(d) The provisions of this article notwiths tanding, the requirements of the Bay Area Air Quality Management District Rule 8-49 s hall remain in effect for all aerosol coating products sold, supplied, offered for sale, applied, or manufactured for use in the Bay Area Air Quality Managem ent District (as defined in section 40200 of the Health and Safety Code).

(e) A responsible ACP party may transfer an ACP to another responsible ACP party, provided that all of the following conditions are met:

(1) The Executive Officer shall be notifi ed, in writing, by both responsible ACP parties participating in the tr ansfer of the ACP and its associatedAlternative Control Plan Regulation 171 Executive Order. The written notific ations shall be postmarked at least five (5) working days prior to the effective date of the transfer and shall be signed and submitted separately by both responsible parties. The written notifications shall clearly i dentify the contact persons, business names, mail and street addre sses, and phone numbers of the responsible parties involved in the transfer.

(2) The responsible ACP party to which the ACP is being transferred shall provide a written declaration stati ng that the transferee shall fully comply with all requirements of the Executive Order approving the
ACP and this article.

NOTE: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety
Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code.

94554. Federal Enforceability

For purposes of federal enforceability of this article, the Environmental Protection Agency is not subject to approval determinations made by the Executive Officer under this article. Within 180 days of a request from a responsible ACP party whose ACP has been approved by the Executive Officer, an ACP meeting the requirem ents of the Clean Air Act shall be submitted by the Executive Officer to the Environmental Protection Agency for inclusion in the applicable implementat ion plan approved or promulgated by the Environmental Protection Agency pursuant to section 110 of the Clean Air Act, 42 U.S.C., section 7410.

Prior to submitting an ACP as a revisi on to the applicable implementation plan, the Executive Officer shall hold a public hearing on the proposed revision. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to the Environmental Protection Agency, every person who requests such notice, and to any per son or group of persons whom the Executive Officer believes may be interested in the application. Within 30 days of the hearing the Executive Officer shall notify the applicant of the decision in writing as provided in section 94543(b). The decision may approve, disapprove, or modify an ACP previ ously granted pursuant to section 94543.

NOTE: Authority cited: Sections 39600, 39601, 39602, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94555. Federal Clean Air Act RequirementsAlternative Control Plan Regulation 172 (a) Unless otherwise determined by the U. S. Environmental Protection Agency, products sold, supplied, offered for sale, or manufactured for use in California under the requirements of an ACP are not s ubject to the requirements of Title V of the Federal Clean Air Act ( 42 U.S.C. sections 7661-7661f).

(b) Nothing in this article shall be construed to modify or in any way affect any requirements of the federal Clean Air Act, including but not limited to Title V of the federal Clean Air Act, which are applic able to the construction or operation of the responsible ACP party's manufacturing facility or to any other activities of the responsible ACP party.

NOTE: Authority cited: Sections 39600, 39601, 39602, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code173 

### HAIRSPRAY CREDIT PROGRAM REGULATIONHairspray Credit Program Regulation 174 

### HAIRSPRAY CREDIT PROGRAM REGULATION

SUBCHAPTER 8.5 CONSUMER PRODUCTS

Article 5. Hairsp ray Credit Program

94560. Purpose

The purpose of this article is to provi de a voluntary program, the Hairspray Credit Program, that rewards and provides an ince ntive for early compliance, and over compliance, with the second-tier hairspray standard of 55 percent volatile organic compounds (VOC) which is effective June 1, 1999, as specified in section 94509(a), Title 17, California Code of Regulations. The goal of the program is to benefit both the environment and the regulated entities. This program allows responsible parties for hairspray products to voluntarily generate surplus VOC emission reductions which may be certified by the Executive Officer as Hairspray Emission Reduction Credits (HERCs). HERCs may be used as an alternative method to comply with certain requirements of the Californi a regulations for consumer products (sections 94500-94555, Title 17, Cali fornia Code of Regulations).

This article is intended to ensure that all HERCs represent verified emission reductions that are real, permanent, quant ifiable, enforceable, and surplus.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94561. Applicability

(a) This article applies to the following:

(1) the calculation, certification, issuan ce, registration, transfer, use, retirement, and expiration of HERCs; and

(2) any person who applies for, is is sued, holds, transfers, or uses HERCs.

(b) Only a responsible party for a hairs pray product may submit an application to request HERCs. Applications to use HERCs may be submitted only by responsible ACP (Alternative Control Pl an) parties and responsible parties for antiperspirant and deodorant, aerosol c oating products, and other consumer products that are subject to the VO C standards in sections 94500-94555, Title 17, California Code of Regulations.Hairspray Credit Program Regulation 175 NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94562. Definitions

For the purposes of this article, the follo wing definitions shall ap ply in addition to the
definitions set forth in sections 94 501, 94508, 94521, and 94542, Ti tle 17, California Code of Regulations:

(a) “Air Quality Plan” inclu des, but is not limited to, atta inment, rate-of-progress, and maintenance plans adopted by a California air pollution control or air quality management district (district) pursuant to State requirements specified in Chapter 10 (commencing with section 40910) of Part 3, Division 26 of the Health and Safety Code, and federal requirements spec ified in the Clean Air Act governing the State Implem entation Plan.

(b) “Applicable Hairspray Product” means a hairspray product listed in an application to request HERCs submitted purs uant to section 94563(b)(2)(B).

(c) “Applicable Consumer Product” m eans an antiperspirant, deodorant, aerosol coating product, or other consumer product listed in an application to use HERCs submitted pursuant to section 94568(b)(2)(D).

(d) “Credit Generation Period” means the period of time, in days, during which an applicable hairspray product will be manufactured that will generate surplus VOC

emission reductions. The dates on which a specified credit gen eration period will begin and end must be in one of the followi ng: (1) for early compliance, which may include over compliance, with the se cond-tier hairspray standard, the time period between January 1, 1998, and May 31, 1999, or (2) for over compliance with the second-tier hairspray standar d on and after its effective date of June 1, 1999, the time period between J une 1, 1999, and January 1, 2005. The credit generation period may be divided into installment periods for issuance of
HERCs.

(e) “Delayed Compliance Period” means the period of time, in days, during which a consumer product will be manufactured t hat does not comply with its applicable VOC limit in sections 94502, 94509, or 94522, Title 17, California Code of Regulations. The date on which a spec ified delayed compliance period will end must be on or prior to January 1, 2010.

(f) “Documented Sales” means the tota l amount of the follo wing products, as applicable, sold for use in California:Hairspray Credit Program Regulation 176 (1) For the Purpose of Credit Generation. The applicable hairspray product that was manufactured during the credit gener ation period as specified in an application submitted to the Executive Officer in accordance with section 94563, or

(2) For the Purpose of Credit Use. The applicable consumer product that was manufactured during the following time periods:

(A) the most recent twelve-m onth period (for which documented sales records are available) prior to the delayed compliance period as specified in the application submi tted to the Executive Officer in accordance with section 94568, and

(B) the delayed compliance period as specified in the application
submitted to the Executive Officer in accordance with section 94568.

“Documented Sales” shall be determined through documented sales records (expressed to the nearest pound, excludi ng product container and packaging).

(g) “Documented Sales Record” means a wri tten, point-of-sale record, or any other Executive Officer-approved system of docum entation, from which the mass, in pounds (less product container and pa ckaging), of a product manufactured during an applicable time period and sold for use in California can be accurately documented. For the purposes of this ar ticle, “documented sales record” may include, but is not limited to, the following types of records:

(1) accurate records of dire ct retail or other outlet sales;

(2) accurate compilations made by i ndependent market surveying services, using methods consistent with widely-accepted practices of the business, scientific, or regulatory communities, of direct reta il or other outlet sales, provided that a

detailed method which can be used to verify any data comprising such summaries is submitted by the re sponsible party and approved by the Executive Officer;

(3) accurate manufacturing records in combination with any other data or information that permits determinat ion of California sales; or

(4) for pesticides only, accurate m ill assessment records for economic poisons, verified by the California Department of Pesticide Regulations, which cover the sales of the pesticide product.Hairspray Credit Program Regulation 177 (h) “Hairspray” means a consumer produc t designed primarily for the purpose of dispensing droplets of resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style fo r a period of time.

(i) “Reformulated or Reformulation” means a change in the formulation of a hairspray product for the primary purpose of lowering the product’s VOC content to 55 percent or less, as determined pursuant to section 94515, Title 17, California Code of Regulations.

(j) “Responsible Party “ means the company , firm or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party whic h the product was “manufactured for” or “distributed by”, as noted on the label.

(k) “State Implementation Plan” means the California State Implementation Plan approved by the United States Environm ental Protection Agency (U.S. EPA), in accordance with requirement s of the Clean Air Act.

(l) “Stock Keeping Unit” means the cl assification used by consumer product manufacturers to identify products that have the same brand name, formulation, net weight, and other distinguishing characteristics.

(m)“Surplus” means VOC emission reductions not required by any hairspray standard in section 94509, Title 17, Califor nia Code of Regulations; Alternative Control Plan approved pursuant to sect ion 94543, Title 17, California Code of Regulations; or air quality plan. For t he purposes of this article only, surplus

emission reductions shall include emission reductions resulting from compliance with the second-tier hairspray standard of 55 percent VOC between January 1, 1998, and June 1, 1999. Surplu s VOC emission reductions shall not

include emission reductions occu rring prior to January 1, 1998.

(n) “VOC Content” shall have the same meaning in this article as it has in sections 94500-94555, Title 17, California Code of Regulations, as applicable.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94563. Application Process to Request Ha irspray Emission Reduction Credits

(a) A responsible party for a hairspray product who is requesting HERCs for a specified credit generation peri od must submit a written, two-part application to
the Executive Officer. Any information in the custody of the California AirHairspray Credit Program Regulation 178 Resources Board that has been submitted as confidential by a responsible party (or by a person acting on behalf of the res ponsible party) pursuant to this section shall be handled by the Air Resources B oard in accordance with the procedures specified in sections 91000-91022 (Disclos ure of Public Records), Title 17, California Code of Regulations, provided that such information is clearly identified as being confidential.

(b) Application Require ments: Part One. The first part of an application to request
HERCs must be submitted in accordanc e with the following requirements:

(1) Timing of Application Submittal. For a hairspray product initially
manufactured for sale in California on or after July 1, 1998, or a hairspray product reformulated after June 1, 1999, th e first part of the application must
be submitted before the st art of the credit generation period, and no later than six months after the product's initial date of manufacture for sale in California. For all other hairspray products, the first part of the application must be
submitted before the mid- point of the credit gener ation period;

(2) Application Contents. The first part of the ap plication must include the following information:

(A) the responsible party's co mpany name, street and mailing address, telephone number, and designated contac t person for the application;

(B) a list of the hairspray pr oducts for which the responsible party is requesting HERCs (i.e., the applic able hairspray products);

(C) a list of all stock keeping units for each applicable hairspray product, including any product identification num bers used by the responsible party to identify the stock keeping units;

(D) the credit generation period (i n days) for which the responsible party is requesting HERCs for the applicable hairspray product, including the dates on which the credit generati on period will begin and end (If the responsible party is requesting HERCs to be issued in more than one installment, the application must in clude the number of installments and the ending date of each in stallment period.);

(E) product labels for each stock keeping unit for each applicable hairspray product;

(F) speciated formulation data fo r the applicable hairspray product, and for theHairspray Credit Program Regulation 179 product prior to its reformulation, if applicable, (aggregated data may be submitted for the different stock keepi ng units) including percent by weight values to the nearest 0.1 percent for the following:

1. VOC content (for aggregated data, the applicant shall submit the highest VOC content or a sales- weighted average VOC content)

and

2. each compound present in the fo rmulation, except compounds that amount to a combined concentration of one percent by weight;

(G) the approximate date on which sa les in California began (or will begin) for each applicable hairspray product;

(H) the list of contact per sons, telephone numbers, and street and mailing addresses of all persons and businesse s who will provide information that

will be used to determine documented sa les for the applicable hairspray products;

(I) a demonstration, which will be subject to Executive Officer approval, of the validity of the methodology that wil l be used to calculate documented sales, based on the documented sales records, that will be provided pursuant to section 94563(c)(2)(A);

(J) for a hairspray product initially manufactured for sale in California on or after July 1, 1998, or a hairspray product reformulated after June 1, 1999, a statement that the hairspray pr oduct is formulated for the primary purpose of generating emission reductions for credits;

(K) for a credit generation peri od greater than 365 days, a proposed schedule
for the annual submittal of test re sults required pursuant to section 94563(c)(2)(B); and

(L) a signed declaration as specified in section 94563(e).

(c) Application Require ments: Part Two. The second part of an application to request HERCs must be submitted in accordance with the following requirements:

(1) Timing of Application Submittal. The second part of the application must be
submitted after the conclusion of t he credit generation period, and any installment period, if applicable.Hairspray Credit Program Regulation 180 (2) Application Contents. The second part of the application must include the following information for each applicable hairspray product:

(A) documented sales for the in stallment period or credit generation period, as applicable, and supporti ng documentation that shows how sales were calculated using documented sales records and a methodology previously approved by the Executive Officer;

(B) test results, using a met hod(s) specified in section 94515, Title 17, California Code of Regulations, that verify the VOC content information provided for the applicable hairspray product in the first part of the application; the units that were te sted must come from three different
batches that were manufactured dur ing the credit generation period (If the credit generation period is greater than 365 days, such verification shall be performed at least annually and the test results submitted to the Executive Officer);

(C) the responsible party's own calculation of the quantity of HERCs for each applicable hairspray product for the credit generat ion period, or installment period, if applicable, calculated by using the protocol specified in section 94564; and

(D) a signed declaration as specified in section 94563(e).

(d) Applicable Time Periods and Procedures fo r Review and Approv al of Application. The following time periods and procedures shall apply to the Executive Officer's
review of Parts One and Two of the application:

(1) Application Completeness Determination. Within 30 days after receiving either a Part One or Part Two applic ation submittal, the Executive Officer shall inform the applicant in writing that t he submittal is complete, or that it is
deficient and shall identi fy the specific information required to make the submittal complete.

(2) Application Completeness Determi nation After Receiving Additional
Information. Within 15 days after receiving a dditional information submitted in response to a determination by the Execut ive Officer that Part One or Part Two of the application is deficient, the Executive Officer shall inform the applicant in writing, either that the new information is sufficient to make the application complete, or t hat the application is defic ient and shall identify the specific information required to make it complete.Hairspray Credit Program Regulation 181 (3) Approval Determination fo r Part One of Application. Within 45 days after determining that Part One of the application is comple te, the Executive Officer shall inform the applicant in writing whet her the information provided in Part One is approved for the purposes of ca lculating HERCs in accordance with the protocol specified in sect ion 94564. The Executive Officer's determination, through an Executive Order, shall include, but not be limited to the following:

(A) whether the VOC content fo r each applicable hairspray product is verified by the speciated formulation data submitted pursuant to section 94563(b)(2)(F), and

(B) whether the applicant's proposed methodology for calculating documented sales is approved.

(4) Approval Determination fo r Part Two of Application. Within 90 days of determining that Part Two of the application (or the information required by this part of the application for installm ent issuance of HERCs) is complete, the
Executive Officer shall determine whether to issue and certify the HERCs in

accordance with section 94565.

(5) Extension of Time Periods. For any of the time periods specified in this subsection (d), the Executive Officer and the applicant may agree to a longer time period for the Executive Officer to make a decision.

(e) Declaration by Responsible Party. Parts One and Two of the application, and any additional information submitted, mu st include a declaration, signed by a legal representative of the responsible party, that the submittal contains true, accurate, and complete information bas ed on information and belief formed after reasonable inquiry. Any person submitti ng information directly (i.e., the information is not reviewed by or submitt ed through the responsible party) to the Executive Officer on behalf of the responsib le party must also make such a

declaration.

(f) Specified VOC Limit for a Hairspray Pr oduct in the Hairspray Credit Program. No applicable hairspray product manufactured during a credit generation period shall
exceed the VOC content fo r the product specified in the Executive Order approving the application to reques t HERCs and issuing the HERCs.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.Hairspray Credit Program Regulation 182 94564. Protocol for Calculating Hair spray Emission Reduction Credits

(a) The following equation shall be used to calculate the quantity of HERCs generated for either early compliance or over compliance for an applicable hairspray product manufactured during a specified credit generation period (or installment period, if applicable) ex pressed to the nearest pound of surplus
VOC emission reductions:

HERCs =

(Documented Sales HCP )([VOC Content] Baseline - [VOC Content] Hairspray )/100

where,

“Documented Sales HCP “ means the documented sales, in pounds, of the applicable hairspray product manufactur ed during the credit generation period (or installment period, if applicable) as specified in the application pursuant to section 94563(c)(2)(A).

“[VOC Content] Baseline ” means the following:

For an applicable hairspray product initially offered for sale in California after January 1, 1993, the lowe r of the following:

(1) if the applicable hairspray pr oduct is a reformulated product, the VOC content, in percent, of the product before it was reformulated, as reported in the application and verified by the speciated formulation data required pursuant to section 94563(b)(2)(F), or

(2) 80 percent for a credit gener ation period between January 1, 1998, and May 31, 1999, and 55 percent fo r a credit generation period between June 1, 1999, and January 1, 2005.

For an applicable hairspray product init ially offered for sale in California between October 11, 1990, and January 1, 1993: 80 percent for a credit generation period between Januar y 1, 1998, and May 31, 1999, and 55 percent for a credit generation period between June 1, 1999, and January 1, 2005.

For an applicable hairspray product init ially offered for sale in California before October 11, 1990, that has not been reformulated after October 11, 1990, the condition in section 94564(b)(5) shall apply.Hairspray Credit Program Regulation 183 “[VOC Content] Hairspray ” means the VOC content, in percent, of the applicable hairspray product as reported in the appl ication and verified by the speciated formulation data required pursuant to section 94563(b)(2)(F).

(b) For the purposes of the calculatio n protocol specified in section 94564(a), the following conditions shall apply:

(1) HERCs shall only be calculated if the Executive Officer has approved the methodology used to calculate documented sales in accordance with section 94563(d)(3)(B).

(2) HERCs shall only be ca lculated if the “[VOC Content] Hairspray ” reported in the application is verified by speciated fo rmulation data and test results required pursuant to sections 94563(b)(2)(F) and 94563( c)(2)(B). If the test results do not verify the reported “[VOC Content] Hairspray ,” the Executive Officer and the responsible party may agree to an alternative “[VOC Content] Hairspray ” provided it is supported by testing or demonstr ations specified in section 94515, Title 17, California Code of Regulations.

(3) HERCs shall equal zero for any credit generation period after June 1, 1999,
unless either of the follo wing circumstances applies:

(A) the applicable hairspray product has generated surplus emission reductions prior to June 1, 1999, and the surplus emission reductions have been, or will be, certified by the Executive Officer as HERCs, or

(B) the applicable hairspray product was initially manufactured for sale in California, or reformulated, after June 1, 1999, in which case paragraph (4) of this subsection (b) shall apply.

(4) For an applicable hairspray product initially manufactured for sale in California on or after July 1, 1998, or reformul ated after June 1, 1999, HERCs shall be

zero unless all of the followin g circumstances have occurred:

(A) Pursuant to section 94563(b)(1), the responsible party has submitted to the Executive Officer an applicat ion to request HERCs before the start of the credit gene ration period, and no later than six months afterthe applicable hairspray produc t's initial date of manufacture for
sale in California.

(B) Pursuant to section 94563(b)(2)(J ), the responsible party has provided a statement that the hairspray pr oduct is formulated for the primaryHairspray Credit Program Regulation 184 purpose of generating emissi on reductions for credits.

(C) For a reformulated ha irspray product, the “[VOC Content] Baseline ” for the
calculation of HERCs shall equal the product' s lowest VOC content prior to its reformulation.

(5) For an applicable hairspray product in itially offered for sale in California before October 11, 1990, that has not been reformulated after October 11, 1990, HERCs shall be zero.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94565. Issuance of Hairspray Emission Reduction Credits

(a) After evaluating an application to request HERCs in accordance with the requirements specified in section 94563, the Executive Officer shall determine
whether HERCs should be issued to the responsible party. In addition, the Executive Officer shall issue and certify the HERCs only if the Executive Officer is satisfied that the application provi des sufficient and veri fiable information to assure that surplus emission reducti ons have been generated. The Executive Officer shall issue HERCs by means of an Executive Order t hat certifies the
HERCs as follows:

(1) Each HERC has been calculated in a ccordance with the protocol specified in section 94564 and is otherwise in comp liance with this article and any applicable federal requirements.

(2) Each HERC is for surplus emission reductions.

(3) Each HERC is expressed as a pound of surplus VOC emission reductions.

(4) Each HERC has been assigned an expirati on date that is five years after the
issuance date of the Executive Order or a January 1, 2005, expiration date, whichever is later, after which the ability to use the HERC ceases.

(b) On Januarry 1, 2010, a ll outstanding HERCs shall expire, and may no longer be

used.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.Hairspray Credit Program Regulation 185 94566. HERC Account Registry

(a) The Executive Officer shall maintain a HERC Registry listing all HERCs held in HERC Accounts by each person. Each HERC Account will list information on the holder, quantities, credit gener ation periods and expiration dates of HERCs. The HERC Registry shall constitute the offi cial and controlling record of all HERC holdings. HERCs shall not constitute instru ments, securities, or any other form of property. Information contained in the HERC Registry shall be available to the public upon request, except that HERC Acc ount information in the custody of the California Air Resources Board, and claimed as confidential by the responsible party, shall be handled by the Air Res ources Board in accordance with the procedures specified in sections 91000-910 22 (Disclosure of Public Records), Title 17, California Code of Regulations.

(b) The Executive Officer shall modify the account information in the HERC Registry upon any of the following actions:

(1) the issuance of HERCs in accordance with section 94565;

(2) the transfer of HERCs to an existi ng or a newly created HERC Account in accordance with sections 94566(c) and 94566(d);

(3) the use of HERCs in accordanc e with sections 94567, 94570, and 94571;

(4) a credit or debit to a HERC Account to correct for differences between “Projected Excess Emissions” and “Act ual Excess Emissions”, including any additional amount of HERCs requir ed pursuant to section 94567(h), in accordance with section 94571(c);

(5) a change of name, ownership, or other pertinent information for a HERC Account holder;

(6) a HERC Account holder's written request that HERCs be retired for an environmental benefit pursuant to section 94567(d); or

(7) the expiration of HERCs as requi red by sections 94565(a)(4) or 94565(b).

(c) Any person may acquire HERCs through purchase, trade or other means of transfer from any HERC Account holder . The transfer of HERCs shall be effective only upon amendment of the HERC Registry by the Executive Officer.Hairspray Credit Program Regulation 186 (d) Any person who requests a transfer of HERCs must provide the following information in writing to the Executive Officer:

(1) the contact persons, names of the companies, street and mailing addresses, and telephone numbers of t he parties involved in the transfer (For some transfers, the provider and recipient may be the same.);

(2) information on the HERCs to be trans ferred, including quantities, credit generation periods, and expiration dates;

(3) the date the transfer is pr oposed to become effective; and

(4) a statement, signed by both the prov ider and the recipient, that both parties fully understand the conditions and limitat ions of the HERCs being transferred and accept full responsibility for the appropriate use of the HERCs as provided in this article.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94567. Allowable Uses of Hairsp ray Emission Reduction Credits

Except as provided in subsections (f), (g), and (h) of this se ction, HERCs may be used as follows upon approval by the Executive Officer:

(a) A responsible party for a consumer product regulated by the Air Resources Board pursuant to sections 94500-94528, Title 17, California Code of Regulations who is also a HERC Account holder may use HERCs to obtain additional time (i.e., a del ayed compliance period) for a product to comply with an applicable VOC standard set forth in sections 94502, 94509 or 94522, Title 17, California Code of Regul ations, provided the product has been
manufactured for sale in Cali fornia for at least 12 months before the submittal of an application in accordanc e with section 94568. During a delayed compliance period, the responsible party mu st comply with the following:

(1) the specified VOC content fo r the product report ed in the HERC use application, and approved by the Ex ecutive Officer, instead of the applicableVOC standard specified in se ctions 94502, 94509, or 94522, Title 17, California Code of Regulations, andHairspray Credit Program Regulation 187 (2) except as provided in paragraph (1) of this subsection (a), with all other applicable requirements specified in sections 94500-94528, Title 17, California Code of Regulations.

(b) In accordance with section 94514(h), Titl e 17, California Code of Regulations, a responsible party for a hai rspray product who is also a HERC Account holder may use HERCs to mitigate excess emissions that result from the granting of a

variance.

(c) In accordance with sections 94543(a)(7 )(J) and 94548, Title 17, California Code of Regulations, a “responsible ACP party ” who is also a HERC Account holder may use HERCs to reconcile any shortfalls occurring in a compliance period for
an Alternative Control Plan.

(d) Any person who is a HERC Account hol der may retire HERCs to provide an

environmental benefit.

(e) For purposes of this article, hi gh volatility organic compounds (HVOCs) and medium volatility organic compounds (MV OCs) in antiperspirants and deodorants

shall be treated the same as other VOCs for HERC use.

(f) The use of HERCs shall not result in any greater emissions of toxic air contaminants, as defined per Health and Safety Code section 39657(b), than

would otherwise have occurred if HERCs were not used.

(g) All outstanding HERCs s hall expire on January 1, 2010, after which HERCs may no longer be used. (h) On or before December 31, 2002, the Executive Officer shall determine whether the Hairspray Credit Program has dem onstrated an environmental benefit. For the purposes of this article, the Hair spray Credit Program has demonstrated an environmental benefit if, during the time per iod from the start of the program until December 31, 2002, the total amount of HERCs generated under the program is five percent greater than the total amount of HERCs used. If the Executive Officer determines that the Hairspray Credit Program has not demonstrated an environmental benefit by December 31, 2002, then all HERCs will be discounted by an amount of five percent upon use.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.Hairspray Credit Program Regulation 188 94568. Application Process for Use of Ha irspray Emission Reduction Credits

(a) Any HERC Account holder who wishes to use HERCs as specified in sections 94567(a), 94567(b), or 94567(c) must submit a written application to the Executive Officer. Any information in the custody of the California Air Resources

Board that has been submitt ed as confidential by a responsible party (or a person acting on behalf of the responsible party) pursuant to this section shall be handled by the Air Resources Board in a ccordance with the procedures specified in sections 91000-91022 (Disclosure of Publ ic Records), Title 17, California Code of Regulations, provided that such info rmation is clearly identified as being
confidential.

(b) Application Requirements for HERC Use Pursuant to Section 94567(a). An application to use HERCs for a delayed compliance period pursuant to section 94567(a) must be submitted in accor dance with the following requirements:

(1) Timing of Application Submittal. An application must be submitted and approved by the Executive Officer before the start of the proposed delayed compliance period.

(2) Application Contents. The application must c ontain all of the following
information:

A) the responsible party's company name, street and mailing address, telephone number, and designated contac t person for the application;

(B) information on the HERCs to be used, including HERC Account Holder, quantities, credit generation per iods, and expiration dates;

(C) the amount of excess emi ssions the HERCs will be used to offset (i.e., “Projected Excess Em issions” calculated using the protocol specified in section 94569);

(D) the list of the consumer pr oducts (i.e., applicable consumer products) for which the responsible party is reques ting additional time to comply with the VOC standard identified in par agraph (E) of this subsection;

(E) the VOC standard specified in sections 94502, 94509, or 94522, Title 17, California Code of Regulations, for which the responsible party is requesting additional time to comply;Hairspray Credit Program Regulation 189 (F) the list of stock keepi ng units for each applic able consumer product, including any product identification num bers used by the responsible party to identify the stock keeping units;

(G) product labels for each stock keeping unit for each applicable consumer product;

(H) the responsible party's most recent speciated formulation data for each applicable consumer produc t (aggregated data may be submitted for the different stock keeping units) including percent by weight values to the nearest 0.1 percent for the following:

1. VOC content (for aggregated data, the applicant shall submit the highest VOC content or a sales- weighted average VOC content) and

2. each compound present in the form ulation, except compounds that
amount to a combined concentration of one percent by weight or less;

(I) documented sales for each applicabl e consumer product for the most recent twelve-month period (for which documented sales records are available) prior to the delay ed compliance period, and supporting

documentation that shows how sa les were calculated using the documented sales records and a methodology which will be subject to Executive Officer approval pursuant to section 94568(b)(2)(K) and section 94570(a)(2);

(J) the list of contact per sons, telephone numbers, and street and mailing addresses of all persons and busi nesses who have provided, or will provide

, information for the determination of documented sales for all the applicable consumer products;

(K) a demonstration to the satisfacti on of the Executive Offi cer of the validity of the methodology(ies) used, or to be used, to calculate documented sales pursuant to sections 94568(b)(2 )(I), 94569, and 94571(b), based on the documented sales records provided by the responsible party or the contact persons listed in paragraph (J) of this subsection (b)(2);

(L) test results, using a met hod(s) specified in sections 94506, 94515 or 94526, Title 17, California Code of Regulations, as applicable, that verify
the VOC content information for t he applicable consumer product as specified in paragraph (H) of this subs ection (b)(2); the units that were
tested must have come from thre e different batches that wereHairspray Credit Program Regulation 190 manufactured less than one calendar y ear before the beginning of the proposed delayed compliance period;

(M) the proposed delayed complianc e period, in days, requested by the responsible party, including the da tes on which the delayed compliance period would begin and end;

(N) for a proposed delayed comp liance period greater than 365 days, a proposed schedule for annual submittal of information on
“Documented Sales Delayed Compliance Period ” and “Actual Excess Emissions” as defined in section 94569 and required pursuant to section 94571(b); and

(O) a signed declaration as specified in section 94568(e).

(c) Application Requirements for HERC Use Pursuant to Sections 94567(b) or 94567(c). For HERC use as specified in sections 94567(b) or 94567(c), an application must be submitted in acco rdance with the follo wing requirements:

(1) Timing of Application Submittal. The application must be submitted to and approved by the Executive Officer prior to the use of HERCs as specified in sections 94567(b) or 94567(c).

(2) Application Contents. The application must c ontain all of the following
information:

(A) the responsible party's co mpany name, street and mailing address, telephone number, and designated contac t person for the application;

(B) information on the HERCs to be used, including HERC Account Holder, quantities, credi t generation periods, and expiration dates;

(C) the amount of excess emissions the HERCs will be used to offset; and

(D) a signed declaration as specified in section 94568(e).

(d) Applicable Time Periods and Procedures for Review of HERC Use Applications. The following time periods and procedures shall apply to the Executive Officer's review of a HERC use application:

(1) Application Completeness Determination . Within 30 days after receiving an application, the Executive Officer s hall inform the applicant in writing that the application is complete, or that the applicati on is deficient andHairspray Credit Program Regulation 191 shall identify the specific informati on required to make the application complete.

(2) Application Completeness Determi nation After Receiving Additional
Information. Within 15 days after receiving additional information provided in response to a determination by the Executive Officer that an application is deficient, the Executive Officer shall inform the applicant in writing,

either that the new information is sufficient to make the application complete, or that the applic ation is deficient and shal l identify the specific information required to make the application complete.

(3) Approval Determination for Application. Within 90 days after determining that the HERC use application is co mplete, the Executive Officer shall determine whether to approv e the use of HERCs.

(4) Extension of Time Periods. For any of the time periods specified in this subsection (d), the Executive Offi cer and the applicant may agree to a longer time period for the Executiv e Officer to make a decision.

(e) Declaration by Responsible Party. The application, and any additional information submitted, must include a declaration, signed by a legal representative of the res ponsible party, that the s ubmittal contains true, accurate, and complete information based on information and belief formed after reasonable inquiry. Any person subm itting information directly (i.e., the
information is not reviewed or submitted through the responsible party) to the Executive Officer on behalf of the responsib le party must also make such a

declaration.

(f) Specified VOC Limit for a Consumer Product in the Hairspray Credit Program. No applicable consumer product manufactured during a delayed compliance period shall exceed the VOC c ontent for that product specified in the Executive Order approving the application to use HERCs.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94569. Protocol for Calculation of Excess Emissions During a Delayed Compliance Period

The following equations shall be used to determine the amount of excess emissions from an applicable consumer product manufactured during a delayed compliance period (or a portion of a period, if applicable):Hairspray Credit Program Regulation 192 Projected Excess Emissions =

([VOC Content] Product - [VOC Standard] Product )(Projected Sales)

Actual Excess Emissions =

([VOC Content] Product - [VOC Standard] Product )(Documented Sales Delayed Compliance Period )

where,

“Projected Excess Emissions” and “Actual Excess Emissions” shall be expressed to the nearest pound of VOC (if the product is an antiperspirant or deodorant, the nearest pound of HVOC or MVOC, as applicable).

“Projected Sales” shall be deter mined with the following equation:

Projected Sales =

( Delayed Compliance Period/365)(Documented Sales Previous Year )

where,

“Delayed Compliance Period” shall be expressed in days.

“Documented Sales Previous Year ” means the documented sales, in pounds, (determined using methodology approved by the Executive Officer) for the applicable consumer product for the most recent twelve-month period (for which documented sales records are available) prior to the delayed compliance period, as reported in the HERC use application submitted in accordance with

section 94568.

“[VOC Content] Product ” means the VOC content, in percent, of the applicable consumer product as reported in the HERC use application. (If the product is an antiperspirant or deodorant, the VOC Content shall be expressed as HVOC or MVOC, as applicable.)

“[VOC Standard] Product ” means the VOC standard, in percent, for the consumer product category as set forth by sect ions 94502, 94509 or 94522, Title 17, California Code of Regulations.Hairspray Credit Program Regulation 193 “Documented Sales Delayed Compliance Period ” means the documented sales, in pounds, (determined using methodology approved by the Executive Officer) for the applicable consumer product manufactu red during the delayed compliance period, or a portion of the delayed compli ance period, if applic able, as reported pursuant to section 94571(b).

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94570. Approval of Application for U se of Hairspray Emission Reduction
Credits

The Executive Officer shall, by means of Executive Order, approve the use of HERCs only after making the following determinations:

(a) For HERC use as specified in sect ion 94567(a), the Executive Officer shall determine the following:

(1) “Projected Excess Emissions” have been calculated in accordance with the protocol specif ied in section 94569;

(2) the methodology(ies) used pursu ant to sections 94568(b)(2)(I), 94569, and 94571(b) is appropriate for determining accurate documented sales information;

(3) the VOC content specified for the applicable consumer product, as reported in the application, has been verified by speciated formulation data submitted pursuant to section 94568(b)(2)(H) and

test results in accordance wit h sections 94506, 94515 or 94526, Title 17, California Code of Regulations, as applicable; and

(4) the use of HERCs is consist ent with the State Im plementation Plan and federal requirements;

(b) For HERC use specified in se ctions 94567(a), 94567(b) , and 94567(c), the
Executive Officer shall determine t hat the responsible party's HERC account contains a sufficient quantity of HERCs to offset the projected excess emissions (which may consis t of VOC, HVOC, or MVOC), to mitigate excess emissions that result fr om the granting of a variance, or to reconcile any shortfall occurring in a compliance period for an Alternative Control Plan, as applicable. The Executive Officer shall also determine if the responsible party's HERC account contains a sufficientHairspray Credit Program Regulation 194 quantity of HERCs to provide the additional amount of HERCs required pursuant to section 94567(h), if applicable.

(c) For HERC use specified in se ctions 94567(a), 94567( b), and 94567(c), the
Executive Officer shall determine that the use of HERCs will not result in any greater emissions of toxic air c ontaminants, as defined per Health and Safety Code section 39657(b), than w ould otherwise have occurred if
HERCs were not used.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94571. Modification and Reconciliation of Account Balance for HERC Use

(a) Modification of Account Balanc e After Approval of HERC Use. When an application for HERC use is approved, the Executive Officer shall modify the applicant's HERC account to remo ve the amount of HERCs necessary to offset the excess emissions, as spec ified in the application (e.g., for use pursuant to section 94567(a), “Proje cted Excess Emissions” calculated pursuant to section 94569) and, if applic able, to provide the additional amount of HERCs required pur suant to section 94567(h).

(b) Requirement to Submit Informat ion on Documented Sales and Actual

Excess Emissions. For HERC use pursuant to section 94567(a) only, the responsible party (i.e, the applicant for HERC use or the HERC Account holder) must submit to the Executiv e Officer, within 120 days after the conclusion of the delayed complianc e period, documented sales for the delayed compliance period and “Actual Excess Emissions” calculated in

accordance with section 94569. For a delayed compliance period of more than 365 days, information on docu mented sales and actual excess emissions must be submitted annually in accordance with the time schedule specified in the Executive Order approving the application to use
HERCs.

(c) Correction of Account Balance. The Executive Officer shall debit or credit the HERC Account accordingly to corre ct for any difference between the “Projected Excess Emissions” and t he “Actual Excess Emissions” during the delayed compliance period (or porti on of the period, if applicable), including any additional amount of HERCs required pursuant to section 94567(h), based on the documented sa les information submitted in accordance with section 94571(b).Hairspray Credit Program Regulation 195 (d) Reconciliation of Negative Balance. If correction of the HERC Account pursuant to section 94571(c) results in an overall negative balance in the HERC Account, the responsible part y must completely reconcile the negative balance within 180 days of the conclusion of the delayed compliance period (or portion of the peri od, if applicable) or within the time period specified in the Executive Order.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94572. Recordkeeping and Availability of Requested Information

(a) All information specified in the Ex ecutive Order approving an application to request HERCs or an application to us e HERCs must be maintained by the responsible party for a minimum of five years after the approval date of the Executive Order, or the date such records are generated, whichever is

later.

(b) The records specified in subsection (a) of this section shall be made

available to the Executiv e Officer or his or her authorized representative within the following time periods:

(1) immediately upon request, during an on-site visit to the responsible party for a product participating in the Hairspray Credit Program,

(2) within 7 days after receipt of a written request fr om the Executive Officer, or

(3) within a time period agreed upon by both the Executive Officer and the responsible party.

NOTE: Authority cited: Sections 39600, 39601, 41511, and 41712, Health and Safety
Code. Reference: Sections 3900 2, 39600, 40000, 41511, and 41712, Health and Safety Code.

94573. Violations

(a) Violations in General. Any person who commits a vi olation of this article is subject to the penalties specified in Health and Safety Code section 42400 et seq . Failure to meet any requirement of this article or any condition of an applicable Executive Order shall cons titute a single, separate violation of this article for each day until such r equirement or condition is satisfied,Hairspray Credit Program Regulation 196 except as otherwise provided in subsections (b), (c), (d), (e) and (f) of this

section.

(b) Exceedances of Specified VOC Content. Any exceedance during the applicable compliance period of the VOC content specified for a hairspray product or other consumer product in the Executive Order approving (1) Part Two of an application to request HERCs pursuant to section 94563 or (2) an applicatio n to use HERCs pursuant to

section 94568 shall constitute a si ngle, separate violation of the requirements of this article for each product unit manufactured during the applicable compliance period for sale in California which exceeds the specified VOC content.

(c) False Reporting of Information.

(1) False reporting of any information contained in an application to request HERCs pursuant to section 94563, or in any supporting

documentation or amendments to an application, shall constitute a single, separate violation of the requirements of this article for each day of the credit generati on period for the HERCs.

(2) False reporting of any information contained in an application to use HERCs pursuant to section 94568, or in any supporting

documentation or amendments to an application, shall constitute a single, separate violation of the requirements of this article for each day during the time period in wh ich the HERCs are to be used.

(3) False reporting of any info rmation submitted to satisfy the requirements of section 94571(b) fo r documented sales information during a delayed compliance period shall constitute a single, separate violation of t he requirements of this article for each day of the delayed compliance period.

(d) Failure to Meet Applicable Deadlines . Any of the following actions shall each constitute a single, separate viol ation of the requi rements of this article for each day after the applic able deadline until the requirement is
satisfied:

(1) Failure to submit accurate documented sales for a delayed compliance period (or a portion of t he period, if applicable) within 120 days after conclusion of this period, as specified in section 94571(b), or within the time schedule specified in theHairspray Credit Program Regulation 197 Executive Order approving the application to use HERCs.

(2) Failure to completely reconcile a negative balance for a HERC account within 180 days after the conclusion of the applicable delayed compliance period (or portion of the period, if applicable) as specified in section 94571(d) , or within the time schedule specified in the Executive Order approving the application to use
HERCs.

(e) Negative Balances in HERC Accounts at End of Delayed Compliance

Period. Except as provided in subsection (f) of this section, any overall negative balance that occurs in a HERC Account after the Executive Officer has made the correction specif ied in section 94571(c) for the difference between “Projected Exce ss Emissions” and “Actual Excess Emissions” at the end of a delayed co mpliance period (or portion of the period, if applicable) shall constitute a single, separate violation of the requirements of this article for each day of the delayed compliance period, or portion of the period.

(f) Number of Violations Resu lting from Negative Balances. If a violation specified in subsection (e) of this section occurs, the responsible party may, pursuant to this subsection (f), establish a number of violations less than that set forth in subsection (e) as calculated according to the following equation:

Number of Violations = Days Delayed - Days Covered

where,

“Days Delayed ” means the number of days in the delayed compliance period (or portion of the period, if applicable)

“Days Covered ” means the number of days in the delayed compliance period (or portion of the period, if applicable ) for which there are sufficient HERCs

to offset excess emissions as calc ulated using the fo llowing equation: Days Covered =

( HERCs Provided + HERCs Correction )(Days Delayed /Actual Excess Emissions)

where,Hairspray Credit Program Regulation 198 “HERCs Provided ” means the amount of HE RCs, expressed as pounds, removed from the applicant's HE RC Account upon approval of a HERC use application pursuant to section 94571(a);

“HERCs Correction ” means the amount of HE RCs, expressed as pounds, removed from the applicant's HERC Acc ount to correct for a difference in “Projected Excess Emissions” and “Act ual Excess Emissions” pursuant to section 94571(c); and

“Actual Excess Emissions” means the amount of excess emissions, expressed as pounds, from a consum er product manufactured during a delayed compliance period (or portion of the period, if applicable) as calculated pursuant to section 94569 and reported by the responsible party pursuant to section 94571(b).

The responsible party may determine the number of violations pursuant to this subsection (f) only if it has pr ovided all required information for the applicable delayed compliance period (or portion of the period, if applicable) as specified in the Execut ive Order approving the HERC use. By choosing this option, the respons ible party waives any and all legal objections to the calculation of the num ber of violations pursuant to this subsection (f).

(g) Assessment of Penalties. In assessing the amount of penalties for any violation occurring pursuant to subsec tions (a)-(f) of this section, the circumstances identified in Health and Safety Code section 42403(b) shall

be taken into consideration.

(h) Statute of Limitations . Any limitation of time applicable to actions brought pursuant to this article shall be de emed to accrue on the date(s) when the records establishing a violation are received by the Executive Officer.

(i) Liability of Responsible Parties and HERC Account Holders. A responsible party or HERC Account hol der is fully liable for compliance with the requirements of th is article, even if the responsible party or HERC

account holder contracts with or ot herwise relies on another person to carry out some or all of the requirements of this article.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41712, 42400-42403, and 42404.5, Health and Safety Code; and section 338 (k), Code of Civil Procedure.Hairspray Credit Program Regulation 199 94574. Federal Enforceability

For purposes of federal enforceability of this article, the United States Environmental Protection Agency (U.S. EPA) is not subject to approval determinations made by the Executive Office r under this article. Within 180 days of a request from a responsible part y who has received approval of an application to use HERCs, a HERC use approval meeting t he requirements of the Clean Air Act shall be submitted by t he Executive Officer to the U.S. EPA for inclusion in the applicable implementat ion plan approved or promulgated by the U.S. EPA pursuant to section 110 of the Clean Air Act, 42 U.S.C., section 7410. Prior to submitting a HERC use approval as a revision to the applicable implementation plan, the Executive Office r shall hold a public hearing on the revision. Notice of the time and plac e of the hearing sha ll be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to the U.S. EPA, every person who requests such notice, and any person or gr oup of persons whom the Executive Officer believes may be interested in the application. Within 30 days of the hearing, the Executive Officer shall notify the applicant of the decision in writing. The decision may approve, disapprove, or modify a HERC use approval previously granted pursuant to section 94568.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

94575. Program Evaluation

On an ongoing basis the Executive Officer shall evaluate the implementation of the Hairspray Credit Program, and track pr ogram results in terms of both actual emission reductions, and, to t he extent practicable, cost savings relative to traditional regulatory program s. This program evaluat ion shall include an annual analysis of credit generation and use ac tivities, and a description of any significant problems in the impl ementation of the program.

At least once every three y ears, the Executive Officer shall provide to the United States Environmental Protection Agen cy (U.S. EPA) a report on the program evaluation, including a comparison of cr edit generation and use activities for the previous three years, an a ssessment of the benefit to t he environment which hasHairspray Credit Program Regulation 200 resulted from the program, and a description of any si gnificant problems that

have occurred.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.