# Air Resources Board Mary D. Nichols, Chairman

1001 I Street· P.O. Box 2815 Linda S. Adams Sacramento, California 95812·www.arb.ca.gov Arnold Schwarzenegger

Secretary for Governor EnvironmentalProtection

February 16, 2010

Mr. Jared Blumenfeld 1 Administrator Region 9 U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, California 94105 Dear Mr. Blumenfeld: Enclosed are two paper and electronic compact disk copies ofa revision tothe State of California Implementation Plan forAchieving and Maintaining the National AmbientAir Quality Standards (SIP). This revision consists ofvarious amendmentstothe California Air Resources Board (ARB) regulation pertaining to consumer products that are sold, supplied, offered for sale, or manufactured for use in California: Regulation for Reducing Emissions from Consumer Products, title 17, California Code of Regulations, sections 94508-94517, (Consumer Products Regulation). The regulatory amendments are summarized below. At its June 26,2008, public hearing, ARB approved amendments to the Consumer Products Regulation. Executive Order R-08-016 taking final action to adopt amendmentstothe Consumer Products Regulation was signed bythe ARB Executive

.Officer on May 5,2009 and approved bythe Office ofAdministrative Law (OAL) on

June 18, 2009. The amended regulations became legally effective on July 18, 2009. 

### The 2008 RegulatoryAction: Adoption ofAmendments tothe California Consumer Products Regulation (Hearing Date: June, 26, 2008)
Atthe June 26, 2008 public hearing, ARB approved and subsequently adopted, after a 15-day public comment period, amendments to the existing Consumer Products Regulation. The Consumer Products Regulation was amended.by adding and modifying product category definitions and byestablishing newor lowervolatile organic compound (VOC) limits for 19product categories. For some ofthe categories, separate VOC limits are specified for different productformsfor atotal of25 limits. All ofthese VOC limits, exceptone, are specified as percent byweightVOC. Forfabric softener products used in clothes dryers, a gram ofVOC per use limitwas adopted. An

The energychallenge facing California is real. Every Californian needs to take immediate action to reduce energyconsumption. Foralistofsimple waysyou can reduce demandandcutyourenergycosts, see ourwebsite: http://www.arb.ca.gov. California Environmental Protection Agency
Printedon RecycledPaperMr. Jared Blumenfeld February 16,2010 Page 2

additional amendment removed the "grandfather" clause that pertains to Personal Fragrance Products with 20 percent or less fragrance. Removal ofthis clause means that all Personal Fragrance Products with 20 percent or less fragrance are required to meet a single VOC limit. The new or modified VOC limits become effective between December 31,2010and December 31, 2015. The adopted regulatory action also prohibits the use ofthree federal HazardousAir Pollutants (HAPs), methylene chloride, perchloroethylene, and trichloroethylene in "Carpet/Upholstery Cleaner," "Fabric Protectant," "Multi-Purpose Lubricant," "Penetrant," "Sealant or Caulking Compound," and "Spot Remover." Methylene chloride, perchloroethylene, and trichloroethylene have also been identified as California toxic air contaminants. Use of methylene chloride and perchloroethylene

. are also prohibited in "Pressurized Gas Duster" products.
In addition, a number ofother modifications or clarifications were made to the existing regulatory language. These include modificationsto product date-coding requirements, product "sell-through" provisions, requirements for dilutable products, reporting requirements for "Multi-Purpose Lubricant" and "Penetrant" products, and additional labeling requirements for certain specified categories. Included in this submittal is a Rule Evaluation Form forthe regulation showing all the changes that resulted from the regulatory action. We have also provided lists ofthe materials and supporting documentation for the regulatory action that are included in this revision to the SIP. This includes Resolution 08-30 and Executive Order R-08-016 bywhich ARB adopted the amendments pursuantto the California Administrative Procedure Act. The enclosed documentation also includes the rulemaking materialsforthe regulatory action. These materials include a hearing notice, staff report, technical support document, final statement of reasons, final regulatory language, and OAL approval. In addition, the enclosed supporting documentation includes Executive Order S-09-014 which adopts and formally submits this regulatory action as a revision to the SIP.
The enclosed materials (including evaluations ofthe effects ofthe rules on emissions, evaluations ofthe rule's consistencywith 40 CFR Part 51 and othersupporting documentation) are intended tofulfill the requirements ofthe U.S. EPA's SIP Completeness Policy. ARB is authorized to adopt, amend, and enforce regulations by' Health and Safety Code (HSC) sections 39600, 39601, 39602, 39607,41511, and 41712.Mr. Jared Blumenfeld, Administrator February 16, 2009 Page 3

ARB is also authorized to adoptthe regulation as a revision to the SIP by California Health and Safety Code sections 39601 and 39602. The regulatory action was taken in accordance with the California Administrative Procedure Act (California Government Code sections 11340 etseq.).
In accordance with State law, we are requesting thatthe limits do not become federally enforceable until the limits are fully effective. Ifyour staff has any questions, they may contact Mr. David Mallory, Manager ofthe Measures Development Section, Stationary Source Division at (916) 445-8316. Legal questions should be directed to Mr. Robert Jenne, Assistant ChiefCounsel, Office of Legal Affairs at (916) 322-3762. Sincerely,

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Fletcher Deputy Executive Officer Enclosures

cc: Mr. Andrew Steckel, Chief Rules Office (Air-4) Air Division, Region 9 U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, California 94105
Mr. Robert Jenne Assistant ChiefCounsel Office of Legal Affairs
Mr. David Mallory, Manager Measures Development Section Stationary Source Division