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 

Environmental Protection 

February 16, 2010 

Mr. Jared Blumenfeld1 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 of a revision to the State of 

California Implementation Plan for Achieving and Maintaining the National Ambient Air 

Quality Standards (SIP). This revision consists of various amendments to the 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 

amendments to the Consumer Products Regulation was signed by the ARB Executive 

.Officer on May 5,2009 and approved by the Office of Administrative Law (OAL) on
 

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

The 2008 Regulatory Action: Adoption of Amendments to the California 

Consumer Products Regulation (Hearing Date: June, 26, 2008) 

At the 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 by establishing new or lower volatile organic 

compound (VOC) limits for 19 product categories. For some of the categories, separate 

VOC limits are specified for different product forms for a total of 25 limits. All of these 

VOC limits, except one, are specified as percent by weight VOC. For fabric softener 

products used in clothes dryers, a gram of VOC per use limit was adopted. An 

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption.
 

For a list of simple ways you can reduce demand and cut your energy costs, see our website: http://www.arb.ca.gov.
 

California Environmental Protection Agency 

Printed on Recycled Paper 
Mr. 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 of this 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 31,2010 and 

December 31, 2015. The adopted regulatory action also prohibits the use of three 

federal Hazardous Air 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 of other modifications or clarifications were made to the existing 

regulatory language. These include modifications to 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 for the regulation showing all the 

changes that resulted from the regulatory action. We have also provided lists of the 

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 

by which ARB adopted the amendments pursuant to the California Administrative 

Procedure Act. 

The enclosed documentation also includes the rulemaking materials for the 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 of the effects of the rules on emissions, 

evaluations of the rule's consistency with 40 CFR Part 51 and other supporting 

documentation) are intended to fulfill the requirements of the 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 adopt the 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 et seq.). 

In accordance with State law, we are requesting that the limits do not become federally 

enforceable until the limits are fully effective. 

If your staff has any questions, they may contact Mr. David Mallory, Manager of the 

Measures Development Section, Stationary Source Division at (916) 445-8316. Legal 

questions should be directed to Mr. Robert Jenne, Assistant Chief Counsel, Office of 

Legal Affairs at (916) 322-3762. 

Sincerely, 

g[:'~ f/"D.

(/It,,"; 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 Chief Counsel
 

Office of Legal Affairs
 

Mr. David Mallory, Manager
 

Measures Development Section
 

Stationary Source Division