State of California

AIR RESOURCES BOARD

Final Statement of Reasons for Rulemaking,

Including Summary of Comments and Agency Responses

PUBLIC HEARING TO CONSIDER

ADOPTION OF PROPOSED AMENDMENTS TO

THE CALIFORNIA REGULATION FOR REDUCING EMISSIONS 

FROM CONSUMER PRODUCTS PERTAINING TO 

AUTOMOTIVE WINDSHIELD WASHER FLUID PRODUCTS

Hearing Date: October 18, 2012

Agenda Item No. 12-7-2

Table of Contents

I. Introduction........................................................................................1

II. Modifications Made to the Original Proposal..............................................2

III. Summary of Comments Made During the 45-Day and 15-Day Comment 

Periods and Agency Responses..............................................................2

A. List of Commenters..........................................................................2

1. 45-Day Comments..................................................................2

2. 15-Day Comments..................................................................3

B. Comments and Agency Responses.....................................................3

1. 45-Day Comments..................................................................3

2. 15-Day Comments..................................................................5

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State of California

AIR RESOURCES BOARD

Final Statement of Reasons for Rulemaking,

Including Summary of Public Comments and Agency Responses

PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED AMENDMENTS TO 

THE CALIFORNIA REGULATION FOR REDUCING EMISSIONS FROM CONSUMER 

PRODUCTS PERTAINING TO 

AUTOMOTIVE WINDSHIELD WASHER FLUID PRODUCTS

Public Hearing Date: October 18, 2012

Agenda Item No.: 12-7-2

I. INTRODUCTION

On October 18, 2012, the Air Resources Board (the "Board" or "ARB") conducted a 

public hearing to consider amendments to the California Consumer Products 

Regulation, sections 94507-94517, title 17, California Code of Regulations (CCR). The 

amendments modify regulatory provisions pertaining to Automotive Windshield Washer 

Fluid (AWWF) products by expanding the areas (termed Type “A”) where higher volatile 

organic compound (VOC) content ready-to-use AWWF products may be offered for 

sale. Type “A” areas are regions of the State where freezing temperatures are common 

and higher VOC AWWF products are needed to prevent the AWWF from freezing. The 

amendments also clarify that concentrated AWWF products may contain language 

advising consumers to dilute the product to Type “A” specifications if traveling when 

freezing temperatures are expected. 

An Initial Statement of Reasons for Proposed Rulemaking (ISOR or staff report) entitled 

“Proposed Amendments to the California Regulation for Reducing Emissions from 

Consumer Products Pertaining to Automotive Windshield Washer Fluid Products,” along 

with the references relied upon and identified in the staff report, were made available to 

the public on August 29, 2012. The ISOR, which is incorporated by reference herein, 

contained a description of the rationale for the proposed amendments. This Final 

Statement of Reasons for Rulemaking (FSOR) updates the ISOR by identifying and 

explaining the modification that was made to the original proposal. The FSOR also 

summarizes the written and oral comments received during the rulemaking process, 

and contains the ARB's responses to those comments.

After receiving written and oral comments at the hearing, the Board adopted 

Resolution 12-32, which initiated steps toward final adoption of the proposed 

amendments. In accordance with Government Code section 11346.8(c), 
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Resolution 12-32 directed the Executive Officer to adopt the regulations after making 

the regulatory language available for a 15-day public comment period.

As defined in Government Code section 11345.5(a)(6), the Board has determined that 

this regulatory action will not create costs or savings to any State agency, or affect 

federal funding to the State. The Board has also determined that this regulatory action 

will not result in a mandate to any local agency or school district the costs of which are 

reimbursable by the State pursuant to Part 7 (commencing with section 17500), 

Division 4, title 2 of the Government Code. 

Compliance with Section 11346.9 (a)(5) of the Government Code

For the reasons set forth in the Staff Report, in staff’s comments and responses at the 

hearing, and in this FSOR, the Board determined that no alternative considered by the 

agency would be more effective in carrying out the purpose for which the regulatory 

action was proposed, or would be as effective as and less burdensome to affected 

private persons, or would be more cost-effective to affected private persons and equally 

effective in implementing the statutory policy or other provisions of law than the action 

taken by the Board. 

II. MODIFICATIONS MADE TO THE ORIGINAL PROPOSAL

Table 94508(a)(20)(B) of section 94508(a) was modified to add ZIP code 92325 for the 

community of Crestline in San Bernardino County to the areas defined as Type “A.”

This ZIP code was inadvertently omitted during drafting of the originally proposed 

amendments. The modified proposal was made available for a 15-day comment period, 

beginning November 6, 2012.

III. SUMMARY OF COMMENTS MADE DURING THE 45-DAY AND 

15-DAY COMMENT PERIODS AND AGENCY RESPONSES

A. List of Commenters

The tables below identify the comments received during the 45-day and 15-day 

comment periods that presented an objection or recommendation specifically directed 

towards the regulation or the procedures followed. The tables provide a correlation 

between (1) the abbreviation used in this Section III to refer to a comment letter or 

testimony; and (2) the name of the person(s) signing the comment letter or presenting 

the testimony. 

1. 45-Day Comments

Commenter 

Abbreviation

Commenter

ASPA Sean R. Moore, Automotive Specialty Products Alliance

Written testimony: October 16, 2012
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CCA Bill Magavern, Coalition for Clean Air

Oral testimony: October 18, 2012

CAWA/AAIA1 Norman Plotkin, California Wholesaler’s Association and 

Automotive Aftermarket Industry Association

Written testimony: October 18, 2012

CAWA/AAIA2 Norman Plotkin, California Wholesaler’s Association and 

Automotive Aftermarket Industry Association

Oral testimony: October 18, 2012

CSPA1 D. Douglas Fratz, Consumer Specialty Products Association

Written testimony: October 15, 2012

CSPA2 Nicole Quinonez, Consumer Specialty Products Association

Oral testimony: October 18, 2012

2. 15-Day Comments

Commenter 

Abbreviation

Commenter

CSPA3 D. Douglas Fratz, Consumer Specialty Products Association

Written testimony: November 20, 2012

B. Comments and Agency Responses

1. 45-Day Comments

B-1. Comment: ARB’s proposed modification to the definition of the AWWF product 

category enhances the overall clarity of the applicable regulatory requirements. 

CSPA strongly supports ARB’s proposal to consolidate all definitions pertaining 

to the AWWF in a single modified definition. This modification will enhance the 

overall clarity of the definition for this particular product category. (CSPA1)

B-2. Comment: The modified definition of the AWWF product category in ARB’s 

proposal improves the clarity of the applicable requirements. ASPA strongly 

supports ARB’s proposal to consolidate all definitions pertaining to the AWWF 

category in a single modified definition. (ASPA)

B-3. Comment: The current description of Type “A” area lists: (1) specific air basins 

that are defined in other sections of the California Code of Regulations, or (2) 

entire counties. The current reference to specified air basins is not readily 

comprehensible. Therefore we support ARB’s proposal to include the names of 

the counties that comprise the air basins in the Type “A” area. (CSPA1, ASPA)

B-4. Comment: We support ARB’s proposal to use the U.S. Postal Service’s ZIP 

codes to identify the freezing regions of the State that are being added to the 

Type “A” area. (CSPA1, ASPA)
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B-5. Comment: ARB’s proposed modifications will promote public safety by 

expanding Type “A” area to include other parts of the state that routinely 

experience freezing temperatures. The use of freeze-resistant pre-mixed (i.e. 

ready-to-use) AWWF products enables drivers to maintain clear vision that is 

necessary to safely operate vehicles. By expanding the “Type A” area to include 

narrowly-defined additional parts of the State (identified by ZIP codes) that 

routinely experience freezing, ARB will promote public safety by ensuring that

drivers will be able to use freeze-resistant AWWF products. (CSPA1) 

B-6. Comment: ARB’s proposed modifications will promote public safety by including 

additional parts of the State which routinely experience freezing temperatures in 

the Type “A” area. The use of freeze-resistant pre-mixed (i.e. ready-to-use) 

AWWF products enables drivers to maintain clear vision during the winter 

months when drivers in colder areas of the State must routinely contend with ice, 

snow, freezing rain and road spray on their windshields. Expanding the Type “A” 

area to include narrowly-defined additional parts of the State (identified by ZIP

codes) that routinely experience freezing, ARB will ensure drivers will be able to 

use freeze-resistant AWWF products to maintain the clear vision necessary to 

safely operate their vehicles in freezing conditions – a boon to public safety.

(ASPA)

B-7. Comment: ARB’s proposed modification to the labeling requirements for 

dilutable products (i.e., concentrated) AWWF products will improve safety for 

drivers who occasionally travel to areas of the State that experience freezing 

temperatures. We support this proposed revision since it will allow 

manufacturers to provide instructions on product labels that clearly communicate 

the fact that drivers may legally mix dilutable AWWF to a specified level and 

thereby ensure that the product will not freeze in the vehicle’s windshield washer 

reservoir. (CSPA1, ASPA)

B-8. Comment: We support CARB staff proposal to redefine Type “A” areas by 

adding definitions to section 94508(a) for Type “A” and Nontype “A” areas as well 

as including a table of added ZIP codes in the definition of Type “A” areas. This 

will assist our members in identifying those areas in the State where windshield 

wiper fluid is allowed to be sold as well as provide our members in the expanded 

Type “A” area the ability to offer for sale ready-to-use AWWF with a 25 percent 

VOC content. (CAWA/AAIA1)

B-9. Comment: We support staff recommendations to allow dilutable (concentrated) 

AWWF products to be sold statewide with the caveat that those products must 

include dilution language for Type “A” and Nontype “A” areas. We understand 

the proposal would clarify that labeling instructions may include language to 

inform the consumer to dilute the product for Type “A” areas if traveling to these 

areas in the winter. (CAWA/AAIA1)
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B-10. Comment: The ZIP code we believe is a very reasonable approach, something 

that was well understood and that we can implement and we can incorporate into 

our distribution processes, and so we want to recognize that. It's a common 

sense solution. (CAWA/AAIA2)

B-11. Comment: The dilution approach we believe also recognizes both human 

behavior and the realities. We believe this is a win-win solution. We thank you 

for your time and effort and the staff’s outreach to us. So, once again, we're here 

in support. (CAWA/AAIA2)

B-12. Comment: CSPA supports the proposed modifications to the regulatory 

requirements for the windshield wiper fluid product category for the following 

reasons: The proposed modification to the definition of the windshield wiper fluid 

product category enhances the overall clarity of the applicable regulatory 

requirements. The modifications will promote public safety by expanding Type 

“A” area to include other parts of the State that routinely experience freezing 

temperatures. And the proposed modifications to the labeling requirements for 

concentrated windshield wiper fluid products will improve safety for drivers who 

occasionally travel to areas of the State that experience freezing temperatures. 

In conclusion, CSPA appreciates the opportunity to participate in the ARB's open 

and transparent process to develop the proposed modifications to regulatory 

requirements related to the windshield wiper fluid. (CSPA2)

Agency Response to Comments B-1 through B-12: Comments noted.

At the October 18, 2012, hearing, the Board approved staff’s proposal with 

the staff’s suggested modification.

B-13. Comment: We have no problem with the amendments that are proposed today, 

and just want to make sure that the Board and staff are making sure that the 

increase -- the small increase in VOC emissions that is projected is kept to that 

very small amount and it doesn't grow beyond that. (CCA)

Agency Response: Comment noted. Staff crafted the proposal to 

ensure that any emissions increases are kept to a minimum by using ZIP 

codes to define discrete areas where higher VOC content AWWF products 

are needed to provide freeze protection. 

2. 15-Day Comments

B-14. Comment: CSPA supports the inclusion of an additional ZIP code in San 

Bernardino County to the Type “A” area listed in Table 94508(a)(20)(B). As 

noted during the Board’s public hearing, this particular area of San Bernardino 

County experiences freezing temperatures during the winter months. Thus, the 

modification will further enhance public safety by eliminating potentially 

hazardous conditions that could occur if: (1) the AWWF froze in the residents’ 

automobile windshield washer reservoirs; or (2) froze when applied to the 

windshield while residents are driving. (CSPA3)
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Agency Response: Comment noted. At its October 18, 2012, hearing, 

the Board approved staff’s proposal with the suggested modification to 

include an additional ZIP code to Type “A” areas.