Aerosol Coating Products 

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(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 designed 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 coating labeled as such, which converts 

absorbed incident light energy into emitted light of a different hue. 

(31) “Glass Coating” means a coating designed and labeled exclusively for use on 

glass or other transparent material to create 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, gravel, grass, concrete, asphalt, warehouse 

floors, or parking lots. Such coatings must be in a container equipped with a 

valve and sprayhead designed to direct the spray toward the surface when the 

can is held in an inverted vertical position. 

(33) “High Temperature Coating” means a coating, excluding engine paint, which is 

designed and labeled exclusively for use on substrates which will, in normal use, 

be subjected to temperatures in excess of 400o

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 the printing industry to produce 

letters, symbols or illustrations, but not to coat an entire surface. 

(37) “Lacquer” means a thermoplastic film-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 ink) means a coating designed and labeled 

exclusively to be sprayed on metal, glass or plastic, to provide a glare-free 

surface on which to scribe designs, patterns or engineering guide lines prior to 

shaping the piece. 

(39) “Leather preservative or cleaner” means a leather treatment material applied 

exclusively to clean or preserve leather. 
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(40) “Lubricant” means a substance such as oil, petroleum distillates, grease, 

graphite, silicone, lithium, etc. that is used to reduce friction, heat, or wear when 

applied between surfaces. 

(41) “Manufacturer” means any person who imports, manufactures, assembles, 

produces, packages, repackages, or relabels a consumer product. 

(42) “Marine Spar Varnish” means a coating designed and labeled exclusively to 

provide a protective sealant for marine wood products. 

(43) “Maskant” means a coating 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 O3/g ROC). MIR 

values for individual compounds and hydrocarbon 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 formulation, 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 applied 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 coating which, when fully dry, registers a 

specular gloss greater than 15 on an 85o

 gloss meter or greater than five on a 

60o gloss meter. 

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

O3. 

(50) “Percent VOC By Weight” means the ratio of the weight of VOC to the total 

weight of the product contents expressed as follows: 

 Percent VOC By Weight = (WVOC/ Wtotal ) x 100 

 
Aerosol Coating Products 

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Where: 

 (A) for products containing no water and no volatile compounds exempt from 

the definition of VOC: Wvoc = the weight of volatile compounds; 

(B) for products containing water or exempt compounds: Wvoc = the weight of 

volatile compounds, less water, and less compounds exempt from the 

VOC definition in this section 94521; and 

(C) Wtotal = 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 corrective retouching, protection of the 

image, changes in gloss level, or to cover fingerprints. 

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

purposes. 

(53) “Pleasure Craft Finish Primer/Surfacer/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 resistance and adhesion of the topcoat, and 

which promotes a uniform surface by filling in surface imperfections. 

(54) “Pleasure Craft Topcoat” means a coating designed and labeled 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 category does not include clear 

coatings. 

(55) “Polyolefin Adhesion Promoter” means a coating designed and labeled 

exclusively to be applied to a polyolefin or polyolefin copolymer surface of 

automotive body parts, bumpers, or trim parts to provide a bond between the 

surface and subsequent coats. 

(56) “Primer” means a coating labeled as such, which is designed to be applied to a 

surface to provide a bond between that surface and subsequent coats. 

(57) “Product-Weighted MIR” (PWMIR) means the sum of all weighted-MIR for all 

ingredients in a product subject to this article. The PWMIR is the total product 

reactivity expressed to hundredths of a gram of ozone formed per gram of 

product (excluding container and packaging) 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)n
Aerosol Coating Products 

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 where, 

MIR = ingredient MIR, as specified 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 liquefied 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 maximum “product-weighted MIR” allowed in an 

aerosol coating product that is subject to the limits specified in section 

94522(a)(3) for a specific category, expressed as g O3/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” 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 which 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 establishment where consumer products are sold, 

supplied, or offered for sale, directly to consumers. 

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

rust to an inert material and which contains a minimum acid content of 0.5 

percent by weight, and a maximum coating solids content of 0.5 percent by 

weight. 

(65) “Shellac Sealer” means a clear or pigmented coating formulated solely with the 

resinous secretion of the lac beetle (Laccifer lacca), thinned with alcohol, and 

formulated to dry by evaporation without a chemical reaction. 

(66) “Slip-Resistant Coating” means a coating designed and labeled exclusively as 

such, which is formulated with synthetic grit and used as a safety coating. 
Aerosol Coating Products 

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(67) “Spatter Coating/Multicolor 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” (ULKR) means the maximum percentage of the 

emitted ROC which has reacted. 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 the 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 O3/g ROC. 

(72) “Vinyl/Fabric/Leather/Polycarbonate Coating” means a coating designed and 

labeled exclusively to coat vinyl, fabric, leather, or polycarbonate substrates. 

(73) “Volatile Organic Compound (VOC)” means any compound containing at least 

one atom of carbon, excluding 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), 

 trichlorofluoromethane (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), 

 chloropentafluoroethane (CFC-115), 

 chlorodifluoromethane (HCFC-22), 

 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123), 

 1,1-dichloro-1-fluoroethane (HCFC-141b), 

 1-chloro-1,1-difluoroethane (HCFC-142b), 

 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), 

 trifluoromethane (HFC-23), 

 1,1,2,2-tetrafluoroethane (HFC-134), 

 1,1,1,2-tetrafluoroethane (HFC-134a), 
Aerosol Coating Products 

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 pentafluoroethane (HFC-125), 

 1,1,1-trifluoroethane (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, completely fluorinated ethers with no 

unsaturations; 

3. cyclic, branched, or linear, completely fluorinated tertiary amines with 

no unsaturations; and 

4. sulfur-containing perfluorocarbons with no unsaturations and with the 

sulfur bonds to carbon and fluorine, and 

(B) the following low-reactive organic compounds which have been exempted 

by the U.S. EPA: 

 acetone, 

 ethane, 

 methyl acetate, 

 parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), 

 perchloroethylene (tetrachloroethylene). 

(74) “Webbing/Veiling Coating” 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, expressed 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 and labeled exclusively to 

provide a bridging or conducting effect for 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/Repair/Restoration” means a coating designed and labeled 

exclusively to provide an exact color or sheen match on finished wood products. 
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(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 coating products manufactured beginning 

 June 1, 2002, for the general coating categories and beginning January 1, 2003, 

for the specialty coating categories shall comply with the reactivity requirements 

specified in 94522(a)(3). Aerosol coating products manufactured before the 

effective dates of the reactivity limits specified in section 94522(a)(3) shall 

comply with the VOC requirements specified 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 with 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) (Hairspray Credit Program), Title 17, 

California 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 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 Weight1

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 80.0 
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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/Polycarbonate 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 aerosol coating products containing methylene 

chloride, the VOC standards specified in this subsection (a)(2) shall apply to the 

combined percent VOC and methylene chloride by weight. 

(a)(3) Reactivity Limits for Aerosol Coating Products. 
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(A) Except as provided in sections 94522(a)(1), 94523 (Exemptions) and 

94525 (Variances), Title 17, California 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 organic 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 O3 / 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 2.70 
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 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/Polycarbonate 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 subject to both a general coating limit and a 

specialty coating limit, as listed in section 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 coating 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 least 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 Regulation (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 section 94522(a)(1) and (a)(3), an aerosol 

coating product manufactured prior to each 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 section 94522(a)(2). This 

subsection (b) does not apply to any product 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 

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(c) Products Containing Methylene Chloride or Trichloroethylene. 

(1) Requirements for Products Subject to the VOC Limits Specified in 

 Section 94522(a)(2). 

For any aerosol coating product containing methylene chloride, the VOC 

standards specified in section 94522(a)(2) shall apply to the combined 

percent by weight of both volatile 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 for 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 containing 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 Perchloroethylene or Ozone Depleting Substances. 

 (1) Requirements for Products Subject to the VOC Limits Specified in 

 Section 94522(a)(2). 

 For any aerosol coating product subject 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 ozone depleting substance identified by 

the United 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)(1) shall not apply to 

(A) any existing product formulation that complies with the Table of 

Standards and was sold in California during calendar year 1992, or (B) 

any product formulation that was sold in California during calendar year 

1992 that is reformulated to meet the Table of Standards, as long as the 

content of perchloroethylene, or ozone depleting substances, as identified 

in this section 94522(d), in the reformulated product does not increase. 
Aerosol Coating Products 

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(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 for use in California any aerosol 

coating product which contains perchloroethylene. 

(B) Ozone Depleting Substances 

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 for use in California any aerosol 

coating product which contains an ozone depleting substance 

identified by the United 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 depleting substance that complies 

with the Table of Limits and was sold in California during calendar 

year 1997, or (2.) any product formulation containing an ozone 

depleting substance that was sold in California during calendar year 

1997 that is reformulated to meet the Table of Limits, as long as the 

content of ozone depleting substances, as identified in this section 

94522(d)(2), in the reformulated product does not increase. 

(3) The requirements of section 94522(d)(1) and (d)(2) shall not apply to any 

aerosol coating product containing perchloroethylene, or an ozone 

depleting substance as identified 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 sale, apply, or manufacture for use in 

California any multi-component kit, as defined 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 the multi-component kit if each component 

product in the kit had separately met the applicable VOC standards (Total VOC+ 
Aerosol Coating Products 

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MC)standard as calculated below: 

(Total VOC + MC)actual = (VOC1 x W1) + (MC1 x W1) + (VOC2 x W2) + 

 (MC2 x W2) + (VOCn x Wn) + (MCn x Wn) 

(Total VOC + MC )standard = (STD1 x W1) + (STD2 x W2) + (STDn x Wn) 

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 component 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 sale, apply, or manufacture for use in 

California any multi-component kit, as defined in section 94521, in which the Kit 

PWMIR is greater than the Total Reactivity Limit. The Total Reactivity Limit 

represents the limit that would be allowed in the multi-component kit if each 

component product in the kit had separately met the applicable Reactivity Limit. 

The Kit PWMIR and Total Reactivity Limit are calculated as in equations (1), (2) 

and (3) below: 

 (1) Kit PWMIR = (PWMIR(1) x W1) + (PWMIR(2) x W2) +...+ (PWMIR(n) x Wn) 

(2) Total Reactivity Limit = (RL1 x W1) + (RL2 x W2) +...+ (RLn x Wn) 

(3) Kit PWMIR ≤ Total Reactivity Limit 

Where: 

W = the weight of the product contents (excluding container) 

RL = the Reactivity Limit specified 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 for 
Aerosol Coating Products 

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use in the state of California any aerosol coating product assembled by adding 

bulk paint to aerosol containers of propellant, unless such products comply with 

the VOC standards specified in section 94522(a)(2), or with the reactivity limits 

specified in section 94522(a)(3) for products subject to those limits. 

(g) Requirements for Lacquer Aerosol Coating 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, supplied, 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 lacquer 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 manufactured prior to January 1, 1998 

may be sold, supplied, offered for sale, or applied until January 1, 2001, 

as long as the product displays on the 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 lacquer coating product which is sold, 

supplied, offered for sale, applied, or manufactured for use in the Bay 

Area Air Quality Management District (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 Incremental Reactivity (MIR) Values.

 (1) In order to calculate the PWMIR of aerosol coating 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, including 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, sections 94700 and 94701, Title 17, 

California Code of Regulations. 
Aerosol Coating Products 

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(D) Except as provided in subsection (h)(3), only ROCs listed in 

sections 94700 and 94701, Title 17, California 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 are reported by the 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 products, 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 coating 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 hydrocarbon solvent with 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 value specified in section 94701(b) for bin 

23 shall be used. 

(B) if the solvent initial boiling point is higher than 

420 degrees F, the MIR value 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 manufactured before December 31, 2008: This article shall not 

apply to aerosol lubricants, mold releases, automotive underbody coatings, 

electrical coatings, cleaners, belt dressings, anti-static sprays, layout fluids and 

removers, adhesives, maskants, rust converters, dyes, inks, cosmetics or any 

other products used on the human body, and leather preservatives or cleaners. 

 (2) For products manufactured on or after December 31, 2008: This article shall 

not apply to aerosol lubricants, mold releases, automotive underbody coatings, 
Aerosol Coating Products 

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electrical coatings, cleaners, belt dressings, anti-static sprays, layout fluids and 

removers, adhesives, maskants, rust converters, dyes, inks, cosmetics or any 

other products used on the human body, leather 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 manufacturer, distributor, or responsible 

party can demonstrate both that the aerosol coating product is intended for 

shipment and use outside of California, and that the manufacturer, distributor, or 

responsible party has taken reasonable prudent precautions 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 the limits specified in the sections 

94522(a)(2) or (a)(3) shall apply only to commercial application 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 section 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 sticker or label affixed thereto, or in any 

sales or advertising literature, any representation is made that the product may 

be used as, or is suitable for use as a product 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 ensure that all products clearly display 

the following information on each product container which is manufactured 

90 days or later after the effective date of this article. 
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(A) Products subject to the VOC limits specified in section 94522(a)(2) 

shall display: 

 1. the applicable VOC standard for the product that is specified 

in section 94522(a)(2), expressed 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 Officer, 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 category 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 reactivity 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 readily observable without removing or 

disassembling any portion of the product container or packaging. For the 

purposes of this subsection, information may be displayed on the bottom 

of a container as long as it is clearly legible without removing any product 

packaging. 

(3) No person shall remove, alter, conceal, or deface the information required 

in section 94524(b)(1) prior to final sale of the product. 
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(4) For any aerosol coating product subject to section 94522(a), if the 

manufacturer or responsible party uses a code indicating the date of 

manufacture or an abbreviation of the coating category as defined in 

section 94521, an explanation 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 for sale in California, must supply the 

Executive Officer of the Air Resources Board with the following information 

within 90 days of the effective date of this article: the company name, mail 

address, contact person, and the telephone number of the contact person. 

For responsible parties who do not manufacture 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 supplied to the Executive Officer 

pursuant to this subsection (c)(1). 

(2) Upon 90 days written notice, each manufacturer or responsible 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 trademark 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 the VOC limits specified in section 

94522(a)(2), the percent by weight VOC, water, solids, 

propellant, and any compounds exempt from the definition of 

VOC as specified in section 94521; 

2. for products subject to the reactivity 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 if 
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it is present in an amount greater than or equal to 0.1 percent by 

weight 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 impurity that meets the 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 amounts 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”]; 

(G) an identification of each product brand name as a “household,”

“industrial,” or “both” product; and 

(H) any other information necessary to determine the emissions 

or the product-weighted MIR from aerosol coating products. 

The information requested in this section (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 resin type, or the products are color 

variations of the same product (even if the coatings vary 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 Confidential Information.

All information submitted by manufacturers pursuant to section 94524 

shall be handled in accordance with the procedures specified in Title 17, 

California Code of Regulations, sections 91000-91022. 
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(e) Special Reporting Requirements for Perchloroethylene-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-containing aerosol coating” means any 

aerosol coating that is required to comply 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 Establish Baseline. On or before 

 March 1, 1997, or 60 days 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 following 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 coating 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 California sales; 

(D) the weight percent, to the nearest 0.10 percent, of 

perchloroethylene in the aerosol coating. 

 (3) Annual Reporting Requirements. 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 parties are not required to 

submit this information unless specifically 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, California Code of Regulations, sections 

91000-91022. 
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(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 experiencing increased levels of 

perchloroethylene, relative to 1996 levels, that can be attributed to 

aerosol coatings which contain perchloroethylene. 

 (B) If the Executive Officer determines that it is likely that increased 

perchloroethylene levels at the publicly-owned treatment works are 

caused by increased levels of perchloroethylene 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 39002, 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 compliance with the provisions of 

 Section 94522 will be achieved, and 

 

(3) a compliance report reasonably detailing the method(s) by which 

compliance will be achieved. 

(b) Upon receipt of a variance application containing the information required in 

subsection (a), the Executive Officer shall hold a public hearing to determine 

whether, under what conditions, and to what extent, a variance from the 

requirements in Section 94522 is necessary and will be permitted. A hearing 

shall be initiated no later than 75 working days after receipt of a variance 

application. 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 every person who requests such notice, not less than 
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30 days prior to the hearing. The notice shall state that the parties may, but need 

not be, represented by counsel at the hearing. At least 30 days prior to the 

hearing, the variance application shall be made available 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 specified 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 all of the following findings are made: 

(1) that, because of reasons beyond the reasonable control of the applicant, 

requiring compliance with Section 94522 would result in extraordinary 

economic hardship. 

(2) that the public interest in mitigating the extraordinary hardship to the 

applicant by issuing the variance outweighs the public interest in avoiding 

any increased emissions of air contaminants which would result from 

issuing the variance. 

(3) that the compliance report proposed by the applicant can reasonably be 

implemented, and will achieve compliance as expeditiously as possible. 

(d) Any variance order shall specify a final compliance date by which the 

requirements of Section 94522 will be achieved. Any variance order shall 

contain a condition that specifies increments of progress necessary to assure 

timely compliance, and such other conditions 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 effective 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 accordance with the provisions 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.
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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 shown 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 writing by the Executive Officer: 

(a) Testing for Products Subject to the VOC 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 Organic Compounds (VOC) in Consumer 

Products and Reactive Organic Compounds in Aerosol Coating 

Products”, adopted September 25, 1997 and as last amended on 

 May 5, 2005. 

(2) In sections 3.5 and 3.7 of Air Resources Board (ARB) Method 310, 

a process is specified for the “Initial 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 weight 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 product formulation data. The 

manufacturer or responsible party shall supply the requested 

information. Information submitted to the ARB Executive 
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Officer may be claimed as confidential; such information will 

be handled in accordance with the confidentiality procedures 

specified in Title 17, California Code of Regulations, sections 

91000 to 91022. 

3.5.3 If the information supplied by the manufacturer or 

responsible party shows that the product does not meet the 

applicable VOC standards, then the Executive Officer will 

take appropriate enforcement action. 

3.5.4 If the manufacturer or responsible party fails to provide 

formulation data as specified in section 3.5.2, the initial 

determination of VOC content under this section 3.5 shall 

determine if the product is in compliance with the applicable 

VOC standards. This determination 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 resolved 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 supplied 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 unable 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 discrepancy that cannot be resolved 

between the results of Method 310 and the supplied 

formulation data, then the results of Method 310 shall take 

precedence over the supplied formulation data. The results 

of Method 310 shall then determine 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 the 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 Resources Board Method 310, Determination 
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of Volatile Organic Compounds (VOC) in Consumer Products,” adopted 

September 25, 1997 and as last amended on May 5, 2005. 

(2) Upon written notification 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 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 if it is present in an amount greater 

than or equal to 0.1 percent by weight 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 impurity that meets the 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 amounts 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 products 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). 
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(c) Exempt Compounds from Products Subject to the VOC Limits Specified in 

Section 94522(a)(2). Compounds 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 Board Method 310, Determination of 

Volatile Organic Compounds (VOC) in Consumer Products,” adopted 

September 25, 1997 and as last amended on May 5, 2005, which is 

incorporated herein by reference. 

(2) the following classes of compounds will be analyzed as exempt 

compounds only if manufacturers specify which individual compounds are 

used in the product formulations and identify the test methods, which prior 

to such analysis, have been approved by the Executive Officer of the 

ARB, and can be used to quantify the amounts of each exempt 

compound: cyclic, branched, or linear, completely fluorinated alkanes; 

cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; cyclic, branched, or linear, completely fluorinated tertiary 

amines with no unsaturations; and sulfur-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 “Determination of Weight Percent 

Elemental Metal in Coatings by X-ray Diffraction” July 1996, which is 

incorporated herein by reference. 

(e) Specular Gloss. Specular gloss 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 coating products shall be identified 

according to the procedures specified in ASTM Method D-5043-90, 

“Standard Test Methods for Field Identification of Coatings,” 

 April 27, 1990, which is incorporated herein by reference. 

NOTE: Authority cited: Sections 39600, 39601, 39607, 41511, and 41712, Health and 

Safety Code. Reference: Sections 39002, 39600, 39607, 40000, 41511, and 41712, 

Health and Safety Code. 
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94527. Severability.

Each part of this article shall be deemed severable, 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 granted a variance under Section 94525, a 

variance meeting the requirements of the Clean Air Act shall be submitted by the 

Executive Officer to the Environmental Protection Agency for inclusion in the 

applicable implementation plan 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 Incremental 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 Butane 1.32 1.32 
 

Tables of Maximum Incremental 

 Reactivity Values 

123

Organic Compound MIR Value 

(July 18, 2001)

New MIR Value 

(July 7, 2004)

2,2-Dimethyl Pentane 1.22 1.22 

2,3-Dimethyl Pentane 1.55 1.55 

2,4-Dimethyl Pentane 1.65 1.65 

2-Methyl Hexane 1.37 1.37 

3,3-Dimethyl Pentane 1.32 1.32 

3-Methyl Hexane 1.86 1.86 

Branched C7 Alkanes 1.63 1.63 

2,2,3,3-Tetramethyl Butane 0.44 0.44 

2,2,4-Trimethyl Pentane (Isooctane) 1.44 1.44 

2,2-Dimethyl Hexane 1.13 1.13 

2,3,4-Trimethyl Pentane 1.23 1.23 

2,3-Dimethyl Hexane 1.34 1.34 

2,4-Dimethyl Hexane 1.80 1.80 

2,5-Dimethyl Hexane 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 Hexane 1.33 1.33 

2,3,5-Trimethyl Hexane 1.33 1.33 

2,4-Dimethyl Heptane 1.48 1.48 

2-Methyl Octane 0.96 0.96 

3,3-Diethyl Pentane 1.35 1.35 

3,5-Dimethyl Heptane 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 Nonane 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-Tetramethyl Heptane 1.26 1.26 

2,6-Diethyl Octane 1.09 1.09 
 

Tables 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-Tetramethyl 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-Tetramethyl Nonane 0.94 0.94 

2,3,6-Trimethyl 4-Isopropyl 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-Pentamethyl Nonane 1.11 1.11 

2-Methyl 3,5-Diisopropyl Heptane 0.78 0.78 

3,7-Dimethyl Tridecane 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-Isopropyl 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-Diisopropyl 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 2.27 
 

Tables 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 Cyclohexane 1.37 1.37 

1-Ethyl-4-Methyl Cyclohexane 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 Cyclohexane 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 Cyclohexane 1.11 1.11 

1-Ethyl-2-Propyl Cyclohexane 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 Cyclohexane* 0.96 0.96 

1-Methyl-2-Hexyl Cyclohexane 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 Cyclohexane 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 Cyclohexane 0.90 0.90 

1-Methyl-2-Octyl Cyclohexane 0.60 0.60 
 

Tables 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-Butene 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-Butene 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 4.20 
 

Tables 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-Butene 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-Hexene 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 4.50 
 

Tables 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 5.40 
 

Tables 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 5.35 
 

Tables 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 Ethylbenzene 5.16 5.16 

1,2,3-Trimethyl Benzene 11.26 11.26 

1,2,4-Trimethyl Benzene 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 Pentylbenzene 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 Hexylbenzene 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 Naphthalene 5.54 5.54 

C12 Disubstituted Naphthalenes 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 Naphthalenes 5.08 5.08 

C13 Trisubstituted Naphthalenes 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 16.33 
 

Tables 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 Isopropyl Alcohol) 0.71 0.71 

n-Propanol (n-Propyl Alcohol) 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 Isobutyl Carbinol)* 2.89 2.89 

1-Heptanol 2.21 2.21 

Dimethylpentanol (2,3-Dimethyl-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 

Trimethylcyclohexanol* 2.17 2.17 

Dimethylheptanol (2,6-Dimethyl-2-Heptanol)* 1.07 1.07 

2,6-Dimethyl-4-Heptanol* 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-Octanol* 1.42 1.42 

Trimethylnonanolthreoerythro; 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 2.42 
 

Tables 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-Hexanediol* 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-Oxahexane* 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 3.25 
 

Tables 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-Propanol 1.81 1.81 

n-Butoxy-2-Propanol 2.70 2.70 

Dipropylene Glycol Methyl Ether Isomer (1-

Methoxy-2-[2-Hydroxypropoxy]-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) Ethoxy] 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) Ethoxy] 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) Ethoxy] Ethanol 2.46 2.46 

2-[2-(2-Butoxyethoxy) Ethoxy] Ethanol 2.24 2.24 

Tripropylene Glycol Monomethyl Ether 1.90 1.90 

2,5,8,11-Tetraoxatridecan-13-ol 2.15 2.15 

3,6,9,12-Tetraoxahexadecan-1-ol 1.90 1.90 
 

Tables 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 Propionate 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-Methylbutyl 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 0.89 
 

Tables 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 Acetate 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 Acetate 0.64 0.64 

Methyl Dodecanoate (Methyl Laurate)* 0.53 0.53 

2,3,5,7-Tetramethyloctyl 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-Tetramethylnonyl Acetate 0.63 0.63 

3-Ethyl-6,7-Dimethylnonyl Acetate 0.76 0.76 

4,7,9-Trimethyldecyl Acetate 0.55 0.55 
 

Tables of Maximum Incremental 

 Reactivity Values 

136

Organic Compound MIR Value 

(July 18, 2001)

New MIR Value 

(July 7, 2004)

Methyl Myristate (Methyl Tetradecanoate)* 0.47 0.47 

2,3,5,6,8-Pentaamethylnonyl Acetate 0.74 0.74 

3,5,7,9-Tetramethyldecyl Acetate 0.58 0.58 

5-Ethyl-3,6,8-Trimethylnonyl Acetate 0.77 0.77 

Dimethyl Carbonate 0.06 0.06 

Propylene Carbonate (4-Methyl-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) Ethyl 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) Ethyl Acetate 1.38 1.38 

Substituted C7 Ester (C12) 0.92 0.92 

1-Hydroxy-2,2,4-Trimethylpentyl-3-Isobutyrate 0.92 0.92 

3-Hydroxy-2,2,4-Trimethylpentyl-1-Isobutyrate 0.88 0.88 

Hydroxy-2,2,4-Trimethylpentyl Isobutyrate 

Isomers (2,2,4-Trimethyl-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 1.42 
 

Tables 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 (Pivaldehyde) 5.40 5.40 

3-Methylbutanal (Isovaleraldehyde) 5.52 5.52 

Pentanal (Valeraldehyde) 5.76 5.76 

C5 Aldehydes 5.76 5.76 
 

Tables 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-Methyl-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-Methyl-2-Hexanone) 2.10 2.10 

C8 Cyclic Ketones 1.25 1.25 

2-Octanone 1.66 1.66 

C8 Ketones 1.66 1.66 
 

Tables 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 Cyclohexanone* 1.71 1.71 

4-Propyl Cyclohexanone* 2.08 2.08 

2-Nonanone 1.30 1.30 

Di-Isobutyl Ketone (2,6-Dimethyl-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-Nonanone; 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 7.06 
 

Tables 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 

Dimethylaminoethanol 4.76 4.76 

Monoisopropanol Amine (1-Amino-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 (Pantothenylol)** 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-Trichloroethane 0.00 0.00 

1,1,2-Trichloroethane 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 0.11 
 

Tables 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-Tetrafluoroethane)** 0.00 0.00 

HFC-152a (1,1-Difluoroethane)** 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 the Table of MIR Values on 

July 7, 2004 and may be used in aerosol coating products after this date, as 

specified in section 94522(h)(2)(B), title 17, California Code of Regulations 

** ULMIR (as defined in section 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) / 2 
 

Tables 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%) 5.00 
Alternative Control Plan Regulation 144

ALTERNATIVE CONTROL PLAN REGULATION 

FOR CONSUMER PRODUCTS 

AND AEROSOL COATING PRODUCTS

 
Alternative 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 provide 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 responsible ACP parties the option of 

voluntarily entering into separate “alternative control plans” (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 consumer products or aerosol coating products 

may enter into an ACP. An ACP shall include only those consumer products or only 

those aerosol coating products which are subject to the VOC standards specified in 

sections 94509 or 94522, Title 17, California Code of Regulations. Consumer 

products and aerosol coating products shall 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 the VOC emissions from every ACP product 

subject to an Executive Order approving an ACP, during the compliance period 

specified in the Executive Order, expressed to the nearest pound of VOC and 

calculated according to the following equation: 

ACP Emissions=(Emissions ) +(Emissions ) + +(Emissions ) 1 2 K N
Alternative Control Plan Regulation 146

where, 

For all products except for charcoal lighter 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 CH2 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

[VOC Content] x [Enforceable Sales] Emissions=

A

[(B C) x 100] VOC Content=

Certified Use Rate

[Certified Emissions x 100] VOC Content=
Alternative 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 allowable ACP Emissions during the compliance 

period specified in an Executive Order approving an ACP, expressed to the 

nearest pound of VOC and calculated according 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 Pre-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 content 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 obtained from the March 12, 1991 

Air Resources Board Consumer Products Survey, the data on 

the product obtained from the February 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. 

ACP Limit=(Limit ) +(Limit ) + +(Limit ) 1 2 K N

100

[ACP Standard] x [Enforceable Sales] Limit=
Alternative Control Plan Regulation 148

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

(3) “ACP Product” means any “consumer product” or any “aerosol coating product” 

subject to the VOC standards specified in sections 94509 or 94522, except those 

products that have been exempted under sections 94510 or 94523, or exempted 

as Innovative Products under section 94511. 

(4) “ACP Reformulation” or “ACP Reformulated” means the process of reducing the 

VOC Content of an ACP product, within the period that an ACP is in effect, to a 

level which is less than the current VOC content of the product. 

(5) “ACP Standard” means either the ACP product's Pre-ACP VOC Content or the 

applicable VOC standard specified in sections 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 specified in the Executive Order approving an 

ACP. 

(8) “Contact Person” means a representative(s) that has been designated by the 

responsible ACP party for the purpose of reporting or maintaining any information 

specified in the Executive 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 compliance period specified in the Executive 

Order approving an ACP, as determined through enforceable sales records 

(expressed to the nearest pound, excluding product container and packaging). 

(11) “Enforceable Sales Record” means a written, point-of-sale record or any other 

Executive Officer-approved system of documentation 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 article, “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 summaries 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 specified 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 during the applicable compliance period. 

(12) “Executive Order” means the document signed by the Executive Officer which 

includes the conditions and requirements of the ACP, and which allows 

manufacturers to sell ACP products in California pursuant to the requirements of 

this article. 

(13) “Gross California Sales” means the estimated 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 sales 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 California'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 unknown, has more than 12 carbon atoms. 

(15) “LVP Content” means the total weight, 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), expressed 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 Order 
Alternative Control Plan Regulation 150

approving an ACP. 

(17) “One-product business” means a responsible 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 subject 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 the 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 which the application for a proposed 

ACP is submitted to the Executive Officer, based on either the data on the product 

obtained from the March 12, 1991 Air Resources Board Consumer Products 

Survey, the data on the product obtained from the February 25, 1993 Air 

Resources Board Aerosol Paint Survey, or other accurate records available to the 

Executive Officer, whichever yields the lowest VOC content for the product. 

(19) “Product Line” means a group of products 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” means 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 company, firm or establishment which is listed 

on the ACP product's label. If the label lists two or more companies, firms, or 

establishments, the “responsible ACP party” is the party which the ACP product 

was “manufactured for” or “distributed by”, as noted on the label. 

(23) “Retail Outlet” means any establishment 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 Limit during a specified compliance period, 

expressed to the nearest pound of VOC. “Shortfall” does not include emissions 

occurring prior to the date that the Executive Order approving an ACP is signed by 
Alternative 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 Emissions during a given compliance period, 

expressed to the nearest pound of VOC. Except as provided in section 94547(c), 

“Surplus Reduction” does not include emissions 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 Sales 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 required 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 requirements for reporting VOC Content 

data (for any portion of the compliance 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. 

TMHE =(MHE ) +(MHE ) + +(MHE ) 1 2 K N

] x Missing Data Days 100 x 365

HighestVOC Content x Highest Sales MHE = [
Alternative Control Plan Regulation 152

Highest 

Sales = the maximum one-year Gross 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 Order 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 compliance 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 lighter 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

[(B C) x 100] VOC Content=

Certified Use Rate

[Certified Emissions x 100] VOC Content=
Alternative 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 CH2 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 products only, the VOC Standard for the 

purposes of this article shall be calculated according to the following equation: 

where, 

0.020 = the certification emissions level 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 

Certified Use Rate

[0.020 pound CH per start x 100] VOC Standard = 2
Alternative 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” shall 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 sections 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 writing to the Executive Officer by the 

responsible ACP party and shall contain all of the following: 

(1) an identification of the contact persons, phone numbers, names and 

addresses of the responsible ACP party which is submitting the ACP 

application and will be implementing the ACP requirements specified in the 

Executive Order; 

(2) a statement of whether the responsible 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 applicable product category(ies) for each 

distinct ACP product that is proposed 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 minimum 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 sales 
Alternative Control Plan Regulation 155

records as defined in section 94542(a)(11); 

(C) demonstrate, to the satisfaction of the 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 Gross 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. Only 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 Content for each product. The VOC 

Content and LVP Content shall be reported 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 the product, which have occurred at 

any time within the four years prior 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 the responsible ACP party to date-code 

every unit of each ACP product approved for inclusion in the ACP. The 

commitment 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 compliance 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 such 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 enforceable 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 accuracy and precision (repeatability and 

reproducibility) calculated for each specified method. 

(E) the projected Enforceable Sales for 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 shall 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 date-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 permitted 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 demonstration 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 records 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 information 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 that the emissions from the ACP products 

do not exceed the emissions that would have occurred if the ACP products 

subject to the ACP had met the VOC standards 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 meeting 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 current ACPs or the requirements for 

consumer products or the requirements for aerosol coating products (specified in 

sections 94507-94517 and sections 94520-94528, Title 17, California Code of 

Regulations), that the responsible ACP party 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 identify 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 identify 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 article. 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 specified 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 Executive Order approving an ACP shall be 

maintained by the responsible ACP party for 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 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 

constitute a single, separate violation of this article for each day until such 

requirement or condition is satisfied, except as otherwise provided in subsections (b) 

through (h) of this section. 
Alternative Control Plan Regulation 160

(b) False reporting of any information contained in an ACP application, or any 

supporting documentation or amendments thereto, shall constitute a single, separate 

violation of the requirements of this article for each day that the approved ACP is in 

effect. 

(c) Any exceedance during the applicable compliance period of the VOC content 

specified for an ACP product in the Executive Order approving an ACP shall 

constitute a single, separate violation of the requirements of this article for each ACP 

product which exceeds the specified VOC Content that is sold, supplied, offered for 

sale, or manufactured for use in California. 

(d) Any of the following actions shall each constitute 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 Executive 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 submitted to the Executive Officer for 

determining compliance with the ACP requirements; 

(3) Failure to completely implement the reconciliation of shortfalls plan that is set 

forth in the Executive Order, within 30 working days from the date of written 

notification of a shortfall by the Executive Officer; 

(4) Failure to completely reconcile the shortfall as specified in the Executive Order, 

within 90 working days from the date of written 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 invalid 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 requirements 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 provided 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 occurred 
Alternative 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 failed to provide all the required information 

specified in the Executive Order for 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 the 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 applicable 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, establish the number of violations as 

calculated according to the following equation:

 1 violation 

 NEV = (ACP Emissions - ACP Limit) X ___________ 

 40 pounds 

where, 

NEV = number of ACP Limit violations 
Alternative 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 ACP 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 liable for compliance with the requirements of this 

article, even if the responsible ACP party 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 Executive Orders (Surplus Reduction Certificates) 

which establish and quantify, to the nearest 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 specified in the approved ACP. Surplus Reduction 

Certificates shall not constitute instruments, securities, or any other form of property. 

(b) The issuance, use, and trading of all Surplus Reductions shall be subject to the 

following provisions: 

(1) For the purposes of this article, VOC reductions from sources of VOCs other than 

consumer products subject to the VOC standards specified in section 94509 or 

aerosol coating products subject to the VOC standards specified in section 
Alternative 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 party is operating under an approved ACP; 

(3) Surplus Reductions are valid only after 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 surplus until the reductions expire, are 

traded, or until the ACP is cancelled pursuant to section 94551; 

(5) Surplus Reductions cannot be applied retroactively to any compliance period 

prior to the compliance period in which 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 responsible 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 then expire at the end of its effective 

period. 

(9) At least five (5) working 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 certificate, showing transfer of all 

or a specified portion of the Surplus Reductions. The copy shall show the 

amount of any remaining non-traded Surplus Reductions, if applicable, and 

shall show their expiration date. The copy 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 offered 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 submitted to the Executive Officer. “Early 

reformulation” does not include any reformulated ACP products which are sold, 

supplied, or offered for sale in California more than one year prior to the date on 

which the ACP application is submitted to the Executive Officer. 

(2) If requested in the application for a proposed 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 the 
Alternative Control Plan Regulation 165

100

([VOC Content ] [VOC Content ] ) SR= Enforceable Sales x

initial final

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, whichever is the lesser of the two; 

(B) accurate documentation demonstrating 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 early reformulated ACP product(s) which 

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

and which demonstrate that the Enforceable Sales for the ACP product(s) 

are at least 75.0% of the Gross California Sales for the product(s), as 

specified in section 94543(a)(4); 

(D) accurate documentation for the early 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 specific 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 pursuant to this subsection (c) shall be 

calculated separately for each early reformulated 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 

Contentinitial = 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, expressed to the nearest 0.1 pounds of 

VOC per 100 pounds of ACP product, 

VOC 

Contentfinal = the VOC Content of the early reformulated ACP product after 
Alternative 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 issued 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 issuance 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 subsection (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 notify the responsible ACP party of this 

determination. 

(b) The responsible ACP party shall implement 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 reconciled within 90 working days from the date of 

written notification of a shortfall by the Executive Officer, by: 

(1) implementing the reconciliation of shortfalls plan specified in the Executive Order 

approving the ACP, or 

(2) using hairspray emission reduction credits (HERCs) as specified in 
Alternative Control Plan Regulation 167

section 94567(c), Title 17, California Code of Regulations. 

(d) All requirements specified in the Executive 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 Executive Officer Pre-Approval: The responsible 

ACP party shall notify the Executive Officer, 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) VOC 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 product formulation, VOC Content, LVP Content, 

or recommended usage directions will be changed; 

(C) the extent to which the ACP Emissions 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 Enforceable Sales records or reconciliation 

of shortfalls plan specified in the Executive 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 requirements 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 notify the Executive Officer, in writing, of 

any information learned of by the responsible ACP party which may alter any of the 
Alternative 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 that: (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 approving 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 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 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 Executive 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 date 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 continuation of the ACP will result in an 

extraordinary economic hardship; 

(2) the responsible ACP party violates 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 determine 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 section 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 Safety 
Alternative 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 Officer 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 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 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 notwithstanding, the requirements of the South 

Coast Air Quality Management District Rule 1174 shall remain in effect for all 

charcoal lighter material products sold, supplied, offered for sale, or 

manufactured for use in the South Coast Air Quality Management District (as 

defined in section 40410 of the Health and Safety Code). 

(d) The provisions of this article notwithstanding, the requirements of the Bay Area 

Air Quality Management District Rule 8-49 shall remain in effect for all aerosol 

coating products sold, supplied, offered for sale, applied, or manufactured for 

use in the Bay Area Air Quality Management District (as defined in section 

40200 of the Health and Safety Code). 

(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 notified, in writing, by both responsible 

ACP parties participating in the transfer of the ACP and its associated 
Alternative Control Plan Regulation 171

Executive Order. The written notifications 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 identify the contact persons, business 

names, mail and street addresses, 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 stating 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 requirements of the Clean Air Act shall be 

submitted by the Executive Officer to the Environmental Protection Agency for 

inclusion in the applicable implementation 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 revision 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 person 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 previously 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 Requirements 
Alternative 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 subject 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 applicable 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 Code 
173

 

HAIRSPRAY CREDIT PROGRAM REGULATION

 

 
Hairspray Credit 

 Program Regulation 

174

HAIRSPRAY CREDIT PROGRAM REGULATION

SUBCHAPTER 8.5 CONSUMER PRODUCTS 

Article 5. Hairspray Credit Program

94560. Purpose

 The purpose of this article is to provide a voluntary program, the Hairspray Credit 

Program, that rewards and provides an incentive 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 California regulations for consumer products 

 (sections 94500-94555, Title 17, California Code of Regulations). 

This article is intended to ensure that all HERCs represent verified emission 

reductions that are real, permanent, quantifiable, 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, issuance, registration, transfer, use, retirement, 

and expiration of HERCs; and 

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

 (b) Only a responsible party for a hairspray product may submit an application to 

request HERCs. Applications to use HERCs may be submitted only by 

responsible ACP (Alternative Control Plan) parties and responsible parties for 

antiperspirant and deodorant, aerosol coating products, and other consumer 

products that are subject to the VOC standards in sections 94500-94555, 

 Title 17, California Code of Regulations. 
Hairspray Credit 

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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 following definitions shall apply in addition to the 

definitions set forth in sections 94501, 94508, 94521, and 94542, Title 17, California 

Code of Regulations: 

 

 (a) “Air Quality Plan” includes, but is not limited to, attainment, 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 specified in the Clean Air Act governing 

the State Implementation Plan. 

 (b) “Applicable Hairspray Product” means a hairspray product listed in an application 

to request HERCs submitted pursuant to section 94563(b)(2)(B). 

 (c) “Applicable Consumer Product” means 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 generation period will 

begin and end must be in one of the following: (1) for early compliance, which 

may include over compliance, with the second-tier hairspray standard, the time 

period between January 1, 1998, and May 31, 1999, or (2) for over compliance 

with the second-tier hairspray standard on and after its effective date of 

June 1, 1999, the time period between June 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 that 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 specified delayed compliance period will end 

must be on or prior to January 1, 2010. 

 (f) “Documented Sales” means the total amount of the following products, as 

applicable, sold for use in California: 
Hairspray Credit 

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 (1) For the Purpose of Credit Generation. The applicable hairspray product that 

was manufactured during the credit generation 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-month period (for which documented sales 

records are available) prior to the delayed compliance period as 

specified in the application submitted 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, excluding product container and packaging). 

 (g) “Documented Sales Record” means a written, point-of-sale record, or any other 

Executive Officer-approved system of documentation, from which the mass, in 

pounds (less product container and packaging), of a product manufactured 

during an applicable time period and sold for use in California can be accurately 

documented. For the purposes of this article, “documented sales record” may 

include, but is not limited to, the following types of records: 

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

 (2) accurate compilations made by independent market surveying services, using 

methods consistent with widely-accepted practices of the business, scientific, 

or regulatory communities, of direct retail or other outlet sales, provided that a 

detailed method which can be used to verify any data comprising such 

summaries is submitted by the responsible party and approved by the 

Executive Officer; 

 (3) accurate manufacturing records in combination with any other data or 

information that permits determination of California sales; or 

 (4) for pesticides only, accurate mill assessment records for economic poisons, 

verified by the California Department of Pesticide Regulations, which cover 

the sales of the pesticide product. 
Hairspray Credit 

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 (h) “Hairspray” means a consumer product 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 for 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 which 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 Environmental Protection Agency (U.S. EPA), in 

accordance with requirements of the Clean Air Act. 

 (l) “Stock Keeping Unit” means the classification 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, California Code of Regulations; Alternative 

Control Plan approved pursuant to section 94543, Title 17, California Code of 

Regulations; or air quality plan. For the 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. Surplus VOC emission reductions shall not 

include emission reductions occurring 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 Hairspray Emission Reduction Credits

 (a) A responsible party for a hairspray product who is requesting HERCs for a 

specified credit generation period must submit a written, two-part application to 

the Executive Officer. Any information in the custody of the California Air 
Hairspray Credit 

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178

Resources Board that has been submitted as confidential by a responsible party 

(or by a person acting on behalf of the responsible party) pursuant to this section 

shall be handled by the Air Resources Board in accordance with the procedures 

specified in sections 91000-91022 (Disclosure of Public Records), Title 17, 

California Code of Regulations, provided that such information is clearly identified 

as being confidential. 

 (b) Application Requirements: Part One. The first part of an application to request 

HERCs must be submitted in accordance 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, the first part of the application must 

be submitted before the start 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 generation period; 

(2) Application Contents. The first part of the application must include the 

following information: 

 (A) the responsible party's company name, street and mailing address, 

telephone number, and designated contact person for the application; 

 (B) a list of the hairspray products for which the responsible party is 

requesting HERCs (i.e., the applicable hairspray products); 

 (C) a list of all stock keeping units for each applicable hairspray product, 

including any product identification numbers used by the responsible party 

to identify the stock keeping units; 

 (D) the credit generation period (in days) for which the responsible party is 

requesting HERCs for the applicable hairspray product, including the 

dates on which the credit generation period will begin and end (If the 

responsible party is requesting HERCs to be issued in more than one 

installment, the application must include the number of installments and 

the ending date of each installment period.); 

 

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

product; 

 (F) speciated formulation data for the applicable hairspray product, and for the 
Hairspray Credit 

 Program Regulation 

179

product prior to its reformulation, if applicable, (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 formulation, except compounds that 

amount to a combined concentration of one percent by weight; 

 (G) the approximate date on which sales in California began (or will begin) for 

each applicable hairspray product; 

 (H) the list of contact persons, telephone numbers, and street and mailing 

addresses of all persons and businesses who will provide information that 

will be used to determine documented sales for the applicable hairspray 

products; 

 (I) a demonstration, which will be subject to Executive Officer approval, of the 

validity of the methodology that will 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 product is formulated for the primary 

purpose of generating emission reductions for credits; 

 (K) for a credit generation period greater than 365 days, a proposed schedule 

for the annual submittal of test results required pursuant to section 

94563(c)(2)(B); and 

 

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

 (c) Application Requirements: 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 the credit generation period, and any 

installment period, if applicable. 
Hairspray Credit 

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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 installment period or credit generation 

period, as applicable, and supporting 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 method(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 tested must come from three different 

batches that were manufactured during 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 generation 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 for Review and Approval 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 application submittal, the Executive Officer 

shall inform the applicant in writing that the submittal is complete, or that it is 

deficient and shall identify the specific information required to make the 

submittal complete. 

 (2) Application Completeness Determination After Receiving Additional 

Information. Within 15 days after receiving additional information submitted in 

response to a determination by the Executive 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 that the application is deficient and shall identify the 

specific information required to make it complete. 
Hairspray Credit 

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181

 (3) Approval Determination for Part One of Application. Within 45 days after 

determining that Part One of the application is complete, the Executive Officer 

shall inform the applicant in writing whether the information provided in Part 

One is approved for the purposes of calculating HERCs in accordance with 

the protocol specified in section 94564. The Executive Officer's 

determination, through an Executive Order, shall include, but not be limited to 

the following: 

 (A) whether the VOC content for 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 for 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 installment 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, must include a declaration, signed by a 

legal representative of the responsible party, that the submittal contains true, 

accurate, and complete information based on information and belief formed after 

reasonable inquiry. Any person submitting information directly (i.e., the 

information is not reviewed by or submitted through the responsible party) to the 

Executive Officer on behalf of the responsible party must also make such a 

declaration. 

 (f) Specified VOC Limit for a Hairspray Product in the Hairspray Credit Program. No 

applicable hairspray product manufactured during a credit generation period shall 

exceed the VOC content for the product specified in the Executive Order 

approving the application to request 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 

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94564. Protocol for Calculating Hairspray 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) expressed to the nearest pound of surplus 

VOC emission reductions: 

 

 HERCs = 

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

 where, 

 “Documented Sales HCP “ means the documented sales, in pounds, of the 

applicable hairspray product manufactured 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 lower of the following: 

 (1) if the applicable hairspray product 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 generation period between January 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 initially offered for sale in California 

between October 11, 1990, and January 1, 1993: 80 percent for a credit 

generation period between January 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 initially 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. 
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 “[VOC Content]Hairspray” means the VOC content, in percent, of the applicable 

hairspray product as reported in the application and verified by the speciated 

formulation data required pursuant to section 94563(b)(2)(F). 

 (b) For the purposes of the calculation 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 calculated if the “[VOC Content]Hairspray” reported in the 

application is verified by speciated formulation 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 demonstrations 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 following 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 reformulated after June 1, 1999, HERCs shall be 

zero unless all of the following circumstances have occurred: 

 (A) Pursuant to section 94563(b)(1), the responsible party has submitted 

to the Executive Officer an application to request HERCs before the 

start of the credit generation period, and no later than six months 

afterthe applicable hairspray product'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 product is formulated for the primary 
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purpose of generating emission reductions for credits. 

 (C) For a reformulated hairspray 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 initially 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 provides sufficient and verifiable information to 

assure that surplus emission reductions have been generated. The Executive 

Officer shall issue HERCs by means of an Executive Order that certifies the 

HERCs as follows: 

 (1) Each HERC has been calculated in accordance with the protocol specified in 

section 94564 and is otherwise in compliance 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 expiration 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, all 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. 
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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 generation periods and expiration dates of HERCs. The 

HERC Registry shall constitute the official and controlling record of all HERC 

holdings. HERCs shall not constitute instruments, securities, or any other form of 

property. Information contained in the HERC Registry shall be available to the 

public upon request, except that HERC Account information in the custody of the 

California Air Resources Board, and claimed as confidential by the responsible 

party, shall be handled by the Air Resources Board in accordance with the 

procedures specified in sections 91000-91022 (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 existing or a newly created HERC Account in 

accordance with sections 94566(c) and 94566(d); 

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

(4) a credit or debit to a HERC Account to correct for differences between 

“Projected Excess Emissions” and “Actual Excess Emissions”, including any 

additional amount of HERCs required 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 required 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. 
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(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 the parties involved in the transfer (For some 

transfers, the provider and recipient may be the same.); 

(2) information on the HERCs to be transferred, including quantities, credit 

generation periods, and expiration dates; 

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

 (4) a statement, signed by both the provider and the recipient, that both parties 

fully understand the conditions and limitations 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 Hairspray Emission Reduction Credits 

Except as provided in subsections (f), (g), and (h) of this section, 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 delayed 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 Regulations, provided the product has been 

manufactured for sale in California for at least 12 months before the submittal of 

an application in accordance with section 94568. During a delayed compliance 

period, the responsible party must comply with the following: 

 (1) the specified VOC content for the product reported in the HERC use 

application, and approved by the Executive Officer, instead of the 

applicableVOC standard specified in sections 94502, 94509, or 94522, Title 

17, California Code of Regulations, and 

 
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(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), Title 17, California Code of Regulations, a 

responsible party for a hairspray 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 holder may retire HERCs to provide an 

environmental benefit. 

 (e) For purposes of this article, high volatility organic compounds (HVOCs) and 

medium volatility organic compounds (MVOCs) 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 shall 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 demonstrated an environmental benefit. For 

the purposes of this article, the Hairspray Credit Program has demonstrated an 

environmental benefit if, during the time period 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. 
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94568. Application Process for Use of Hairspray 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 submitted 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 accordance with the procedures specified 

in sections 91000-91022 (Disclosure of Public Records), Title 17, California Code 

of Regulations, provided that such information 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 accordance 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 contain all of the following 

information: 

 A) the responsible party's company name, street and mailing address, 

telephone number, and designated contact person for the application; 

 (B) information on the HERCs to be used, including HERC Account Holder, 

quantities, credit generation periods, and expiration dates; 

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

(i.e., “Projected Excess Emissions” calculated using the protocol specified 

in section 94569); 

 (D) the list of the consumer products (i.e., applicable consumer products) for 

which the responsible party is requesting additional time to comply with 

the VOC standard identified in paragraph (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; 
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 (F) the list of stock keeping units for each applicable consumer product, 

including any product identification numbers 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 product (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 formulation, except compounds that 

amount to a combined concentration of one percent by weight or less; 

(I) documented sales for each applicable consumer product for the most 

recent twelve-month period (for which documented sales records are 

available) prior to the delayed compliance period, and supporting 

documentation that shows how sales 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 persons, telephone numbers, and street and mailing 

addresses of all persons and businesses who have provided, or will 

provide, information for the determination of documented sales for all the 

applicable consumer products; 

 (K) a demonstration to the satisfaction of the Executive Officer 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 method(s) specified in sections 94506, 94515 or 

94526, Title 17, California Code of Regulations, as applicable, that verify 

the VOC content information for the applicable consumer product as 

specified in paragraph (H) of this subsection (b)(2); the units that were 

tested must have come from three different batches that were 
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manufactured less than one calendar year before the beginning of the 

proposed delayed compliance period; 

 (M) the proposed delayed compliance period, in days, requested by the 

responsible party, including the dates on which the delayed compliance 

period would begin and end; 

 (N) for a proposed delayed compliance period greater than 365 days, a 

proposed schedule for annual submittal of information on 

“Documented SalesDelayed 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 accordance with the following 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 contain all of the following 

information: 

 (A) the responsible party's company name, street and mailing address, 

telephone number, and designated contact person for the application; 

 (B) information on the HERCs to be used, including HERC Account 

Holder, quantities, credit 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 shall inform the applicant in writing 

that the application is complete, or that the application is deficient and 
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shall identify the specific information required to make the application 

complete. 

 (2) Application Completeness Determination 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 application is deficient and shall 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 complete, the Executive Officer shall 

determine whether to approve the use of HERCs. 

 (4) 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. The application, and any additional 

information submitted, must include a declaration, signed by a legal 

representative of the responsible party, that the submittal contains true, 

accurate, and complete information based on information and belief formed 

after reasonable inquiry. Any person submitting information directly (i.e., the 

information is not reviewed or submitted through the responsible party) to the 

Executive Officer on behalf of the responsible 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 content 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): 
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 Projected Excess Emissions = 

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

 Actual Excess Emissions = 

 ([VOC Content]Product - [VOC Standard]Product)(Documented SalesDelayed 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 determined with the following equation: 

 Projected Sales = 

 ( Delayed Compliance Period/365)(Documented SalesPrevious Year) 

 where, 

 

 “Delayed Compliance Period” shall be expressed in days. 

 

“Documented SalesPrevious 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 sections 94502, 94509 or 94522, Title 17, 

California Code of Regulations. 
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“Documented SalesDelayed Compliance Period” means the documented sales, in pounds, 

(determined using methodology approved by the Executive Officer) for the 

applicable consumer product manufactured during the delayed compliance 

period, or a portion of the delayed compliance period, if applicable, 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 Use 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 section 94567(a), the Executive Officer shall 

determine the following: 

 (1) “Projected Excess Emissions” have been calculated in accordance 

with the protocol specified in section 94569; 

 (2) the methodology(ies) used pursuant 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 with sections 94506, 94515 or 94526, 

Title 17, California Code of Regulations, as applicable; and 

 (4) the use of HERCs is consistent with the State Implementation Plan 

and federal requirements; 

 

 (b) For HERC use specified in sections 94567(a), 94567(b), and 94567(c), the 

Executive Officer shall determine that the responsible party's HERC 

account contains a sufficient quantity of HERCs to offset the projected 

excess emissions (which may consist of VOC, HVOC, or MVOC), to 

mitigate excess emissions that result from 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 sufficient 
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quantity of HERCs to provide the additional amount of HERCs required 

pursuant to section 94567(h), if applicable. 

 (c) For HERC use specified in sections 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 contaminants, as defined per Health and 

Safety Code section 39657(b), than would 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 Balance After Approval of HERC Use. When an 

application for HERC use is approved, the Executive Officer shall modify 

the applicant's HERC account to remove the amount of HERCs necessary 

to offset the excess emissions, as specified in the application (e.g., for use 

pursuant to section 94567(a), “Projected Excess Emissions” calculated 

pursuant to section 94569) and, if applicable, to provide the additional 

amount of HERCs required pursuant to section 94567(h). 

 (b) Requirement to Submit Information 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 Executive Officer, within 120 days after the 

conclusion of the delayed compliance 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 documented 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 correct for any difference between the 

“Projected Excess Emissions” and the “Actual Excess Emissions” during 

the delayed compliance period (or portion of the period, if applicable), 

including any additional amount of HERCs required pursuant to section 

94567(h), based on the documented sales information submitted in 

accordance with section 94571(b). 
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 (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 party must completely reconcile the 

negative balance within 180 days of the conclusion of the delayed 

compliance period (or portion of the period, 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 Executive Order approving an application to 

request HERCs or an application to use 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 Executive 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 from 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 39002, 39600, 40000, 41511, and 41712, Health and 

Safety Code. 

 

94573. Violations

 (a) Violations in General. Any person who commits a violation 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 constitute a single, separate violation 

of this article for each day until such requirement or condition is satisfied, 
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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 application to use HERCs pursuant to 

section 94568 shall constitute a single, 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 generation 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 which the HERCs are to be used. 

 (3) False reporting of any information submitted to satisfy the 

requirements of section 94571(b) for documented sales information 

during a delayed compliance period shall constitute a single, 

separate violation of the 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 violation of the requirements of this 

article for each day after the applicable deadline until the requirement is 

satisfied: 

 (1) Failure to submit accurate documented sales for a delayed 

compliance period (or a portion of the period, if applicable) within 

120 days after conclusion of this period, as specified in 

section 94571(b), or within the time schedule specified in the 
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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 specified in section 94571(c) for the 

difference between “Projected Excess Emissions” and “Actual Excess 

Emissions” at the end of a delayed compliance 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 Resulting 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 = DaysDelayed - DaysCovered 

 where, 

 “DaysDelayed” means the number of days in the delayed compliance period 

(or portion of the period, if applicable) 

 “DaysCovered” 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 calculated using the following equation: 

 DaysCovered = 

 

 ( HERCsProvided + HERCsCorrection)(DaysDelayed/Actual Excess Emissions) 

where, 

 

 
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 “HERCsProvided” means the amount of HERCs, expressed as pounds, 

removed from the applicant's HERC Account upon approval of a HERC 

use application pursuant to section 94571(a); 

“HERCsCorrection” means the amount of HERCs, expressed as pounds, 

removed from the applicant's HERC Account to correct for a difference in 

“Projected Excess Emissions” and “Actual Excess Emissions” pursuant to 

section 94571(c); and 

 “Actual Excess Emissions” means the amount of excess emissions, 

expressed as pounds, from a consumer 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 provided all required information for the 

applicable delayed compliance period (or portion of the period, if 

applicable) as specified in the Executive Order approving the HERC use. 

By choosing this option, the responsible party waives any and all legal 

objections to the calculation of the number of violations pursuant to this 

subsection (f). 

 (g) Assessment of Penalties. In assessing the amount of penalties for any 

violation occurring pursuant to subsections (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 deemed 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 holder is fully liable for compliance 

with the requirements of this article, even if the responsible party or HERC 

account holder 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, and 42404.5, Health 

and Safety Code; and section 338(k), Code of Civil Procedure. 
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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 Officer under this article. Within 180 days 

of a request from a responsible party who has received approval of an 

application to use HERCs, a HERC use approval meeting the requirements of 

the Clean Air Act shall be submitted by the Executive Officer to the U.S. EPA for 

inclusion in the applicable implementation 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 Officer shall hold a public hearing on the 

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 U.S. EPA, every person who requests such 

notice, and any person 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. 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 program results in terms of both actual 

emission reductions, and, to the extent practicable, cost savings relative to 

traditional regulatory programs. This program evaluation shall include an annual 

analysis of credit generation and use activities, and a description of any 

significant problems in the implementation of the program. 

At least once every three years, the Executive Officer shall provide to the United 

States Environmental Protection Agency (U.S. EPA) a report on the program 

evaluation, including a comparison of credit generation and use activities for the 

previous three years, an assessment of the benefit to the environment which has 
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resulted from the program, and a description of any significant 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.