## Initial Statement of Reasons

Proposed Amendments to the California Regulation for Reducing Emissions from

Consumer Products

and Test Method 310: Determination of Volatile Organic Compounds in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products

Release Date: September 29, 2010

### State of California

AIR RESOURCES BOARD



## Initial Statement of Reasons

Proposed Amendments to the California Regulation for Reducing Emissions from

Consumer Products

and

Test Method 310: “Determination of Volatile Organi c Compounds in Consumer Products and Reactive Organic Compounds in

Aerosol Coating Products”

To be considered by the Air Resources Board at a Public Hearing on November 18, 2010, at:

Byron Sher Auditorium Air Resources Board, Cal/EPA Headquarters

1001 I Street Sacramento, CA 95814

P.O. Box 2815 Sacramento, CA 95812

September 29, 2010

This report has been prepared by staff of the Calif ornia Air Resources Board. Publication does not signify that the contents refl ect the views and policies of the Air Resources Board. The mention or representation of trade names or commercial products does not constitute an endorsement or reco mmendation for use.

### Reviewed by:

Carla D. Takemoto, Manager, Technical Evaluation Se ction David Mallory, Manager, Measures Development Sectio n Judy Yee, Manager, Implementation Section Janette M. Brooks, Chief, Air Quality Measures Bran ch Cynthia Marvin, Assistant Chief, Stationary Source Division Richard W. Corey, Chief, Stationary Source Division



### Developed by:

Nicholas Berger (Lead)

Robert Barrera Margaret Chu

Tim Dunn

Terri Edwards

Lori Gilbert

Russell Grace

Robert Jenne

Trish Johnson Jenifer Kiger

Reza Mahdavi

Irina Malkina Jasmine Nguyen Olufemi Olaluwoye Michael Orbanosky Ravi Ramalingam Maryana Visina

Barbara ZavalaTable of Contents - 1 

## Table of Contents

Executive Summary

................................................... ................................................. 1

A. Authority to Regulate Consumer Products............ ............................................ 2

B. Existing Regulations ...............................

................................................... ....... 2

C. Regulatory Development Process..................... ................................................ 2

D. Basis for the Proposal and VOC Emissions........... ........................................... 3

E. Consumer Product VOC Emission Reduction Commitments in the State Implementation Plan (SIP) ..........................

................................................... ... 4

F. Summary of Proposed Amendments to the Consumer Prod ucts Regulation.... 4

1. Definitions (section 94508)........................

................................................... ..... 5

2. Proposed Amendments to Standards for Consumer Produ cts (section 94509) 5

3. Proposed Amendments to Administrative Requirements (section 94512) ........ 9

G. Proposed Amendments to Test Method 310............. ........................................ 9

H. Compliance with the Proposed Amendments ............ ..................................... 10

I. Economic Impacts...................................

................................................... ..... 12

1. Overall Cost .......................................

................................................... .......... 12

2. Cost-effectiveness .................................

................................................... ...... 12

3. Return on Owner’s Equity (ROE)..................... ............................................... 12

4. Impacts on California Businesses................... ................................................ 13

5. Increased Cost to Consumers........................ ................................................. 13

6. Fiscal Impacts.....................................

................................................... ......... 13

J. Environmental Impacts ..............................

................................................... .. 13

1. Prohibition on Use of Certain Toxic Air Contaminant s .................................... 14

2. Limit on Use of Global Warming Compounds ........... ...................................... 14

3. Prohibition on Use of Alkylphenol Ethoxylate Surfac tants............................... 15

K. Environmental Justice..............................

................................................... .... 15

L. Future Plans.......................................

................................................... .......... 15

M. Recommendation.....................................

................................................... .... 16

Chapter I. Introduction

................................................... ....................................... 1

A. Enabling Legislation...............................

................................................... ........ 2

1. Health and Safety Code section 41712............... .............................................. 2

2. Health and Safety Code section 38500 et seq. ................................................. 2

3. Public Resources Code section 21000 et seq. .................................................. 3

B. Background.........................................

................................................... ........... 3

1. Existing Consumer Product Regulations.............. ............................................. 3

2. Consumer Products and the State Strategy for Califo rnia’s 2007 State Implementation Plan (SIP) ..........................

................................................... ... 4

3. Consumer Products and the California Global Warming Solutions Act of 2006 (AB 32).......................................

................................................... ........... 4

4. National Consumer Products Regulations ............. ........................................... 5Table of Contents - 2

Chapter II. Public Process

................................................... .................................. 7

Chapter III. Statutory Requirements and the State Implementation Plan

Commitment for Emission Reductions ............................................ 11

A. VOC Reductions .....................................

................................................... ..... 11

B. Greenhouse Gas Reductions.......................... ................................................ 12

C. Interpretation of the Terms Technological and Comme rcial Feasibility in Relation to Proposing VOC Limits................... ................................................ 12

1. Technologically Feasible...........................

................................................... ... 12

2. Commercially Feasible..............................

................................................... ... 13

D. State Implementation Plans .........................

................................................... 14

1. The 2007 SIP Commitment for Consumer Products...... ................................. 14

2. Future SIPs........................................

................................................... .......... 16

Chapter IV. Air Pollutants, Area Designations, and Consumer Products’

Emissions

................................................... ........................................ 17

A. Criteria Pollutants................................

................................................... ......... 17

1. Ozone ..............................................

................................................... ............ 17

2. Fine Particulate Matter............................

................................................... ..... 19

B. Ambient Air Quality Standards...................... .................................................. 2 0

1. Area Designations for California Ambient Air Ozone Standard....................... 21

2. Area Designations for California Ambient Air PM 2.5 Standard......................... 21

C. Climate Change .....................................

................................................... ...... 23

D. Consumer Product Emissions......................... ................................................ 24

1. VOC Emissions......................................

................................................... ...... 24

2. Greenhouse Gas Emissions ........................... ................................................ 25

Chapter V. Development of the Proposed VOC Limits ...................................... 33

A. Surveys, Estimated Emissions, and Reductions from C ategories Proposed to be Regulated.......................................

................................................... ......... 33

1. Consumer and Commercial Products Surveys ........... .................................... 33

2. Staff Evaluation of Emission Reduction Opportunitie s.................................... 34

3. VOC Emissions, Proposed Categories, and Limits..... .................................... 34

4. Greenhouse Gas Emissions ........................... ................................................ 36

B. Commercial and Technological Feasibility of the Pro posed VOC Limits......... 36

C. Options for Complying with the Proposed VOC Limits. ................................... 36

D. Necessity of Proposed Amendments................... ........................................... 39

E. Alternatives Considered............................

................................................... ... 40

Chapter VI. Plain Language Description of the Proposed Amendmen ts to the

Consumer Products Regulation

................................................... .... 43

A. Proposed Amendments to Section 94508(a): Definitio ns............................... 44Table of Contents - 3

B. Proposed Amendments to Section 94509: Standards for Consumer

Products...........................................

................................................... ............ 46

1. Proposed Amendments to Section 94509(a) - Table of Standards................. 47

2. Proposed Modifications to Subsections 94509 (i)(3), (m), (n), (o), (p), (q), (r), (t), and (u)..................................

................................................... ............. 49

C. Proposed Amendments to Sections 94510: Exemptions and Section 94515:

Test Methods .......................................

................................................... ........ 52

D. Proposed Amendments to Section 94512: Administrati ve Requirements ...... 52

E. Proposed Amendments to Method 310.................. ......................................... 52

Chapter VII. Description of Product Categories

................................................... 57

A. Flying Bug Insecticide (aerosol)...................

................................................... 57

B. Furniture Maintenance Product (aerosol)............ ............................................ 61

C. General Purpose Cleaner (nonaerosol) ............... ........................................... 63

D. General Purpose Degreaser (nonaerosol) ............. ......................................... 68

E. Glass Cleaner (nonaerosol) .........................

................................................... 73

F. Heavy-duty Hand Cleaner or Soap (nonaerosol) ....... ..................................... 77
G. Metal Polish or Cleanser...........................

................................................... ... 82

H. Oven or Grill Cleaner ..............................

................................................... ..... 86

I. Special-purpose Lubricant ..........................

................................................... . 91

J. Spot Remover (Dry Clean Only) ...................... ............................................... 94

K. Wasp or Hornet Insecticide (aerosol)............... ............................................. 101

Chapter VIII. Economic Impacts

................................................... ......................... 109

A. Summary of Economic Impacts ........................ ............................................ 109

B. Costs of Compliance................................

................................................... .. 111

1. Recurring Costs ....................................

................................................... ..... 111

2. Nonrecurring Costs .................................

................................................... ... 112

3. Total Costs........................................

................................................... ......... 117

4. Cost per Unit......................................

................................................... ........ 119

5. Cost-effectiveness (CE) ............................

................................................... . 123

C. Return on Owners’ Equity ........................... .................................................. 1 24

1. Affected Businesses ................................

................................................... .. 124

2. Analysis Approach ..................................

................................................... ... 124

3. Assumptions ........................................

................................................... ...... 125

4. Results............................................

................................................... ........... 125

D. Impacts on California Businesses, Consumers, and St ate and Local Agencies ...........................................

................................................... ......... 126

1. Potential Impact on California Businesses.......... .......................................... 126

2. Potential Impact on Business Creation, Elimination or Expansion................ 127

3. Potential Impact on Business Competitiveness ....... ..................................... 127

4. Potential Impact on California Employment .......... ........................................ 127

5. Impacts on California Consumers.................... ............................................. 128

6. Potential Impacts to California State or Local Agen cies................................ 129Table of Contents - 4

E. Other Possible Economic Impacts of Regulatory Chang es .............................. 129

F. Mitigation of Potential Impacts Through Additional Regulatory Flexibility......... 129

Chapter IX. Environmental Impacts

................................................... ................. 133

A. Legal Requirements Applicable to the Analysis ...... ...................................... 133

B. Summary of Proposed Amendments ..................... ....................................... 134

C. Summary of Impacts on Atmospheric Processes........ .................................. 135

1. Impacts of Proposed Amendments on Ground-level Ozon e Concentrations.....................................

................................................... ...... 135

2. Impacts of Proposed Amendments on Particulate Matte r (Secondary Organic Aerosols) ..................................

................................................... .... 138

3. Impacts of Proposed Amendments on Climate Change ... ............................ 140

4. Impacts of Proposed Amendments on Stratospheric Ozo ne Depletion ........ 142

D. Other Potential Environmental Impacts.............. ........................................... 144

1. Impacts of Proposed Amendments on Solid Waste Dispo sal ....................... 144

2. Impacts of Proposed Amendments on Water Quality .... ............................... 146

3. Impacts of Proposed Amendments on Energy........... ................................... 147

E. Analysis of Need for Reasonably Foreseeable Mitigat ion Measures ............ 149

1. Proposed Mitigation Measure to Prohibit Use of Cert ain Chlorinated TACs . 149

2. Proposed Mitigation Measure Related to Greenhouse G as Emissions......... 150

3. Proposed Mitigation Measure Related to Use of Alkyl phenol Ethoxylates .... 151

F. Risk Assessment for Implementing the Proposed Amend ments................... 152

G. Alternative Means of Compliance .................... ............................................. 153

H. Environmental Justice..............................

................................................... .. 153

Chapter X. Future and Ongoing Activities

................................................... ..... 157

A. Consumer Product Emissions Reduction Commitments in the State Implementation Plan (SIP) .......................... .................................................. 1 57

B. Consumer and Commercial Products Survey ............ ................................... 158

C. Compliance Assistance..............................

................................................... 158



## List of Tables

Table ES-1 Consumer Product SIP Commitment and Pro gress to Date................. 4 Table ES-2 Proposed VOC Limits by Product Form, E missions, and Reductions at

Effective Date ..................................... .................................................. 7 Table ES-3 Summary of Complying Products and Comp lying Market Shares ...... 10

Table III-1 Consumer Product SIP Commitment and P rogress to Date............... 15 Table IV-1 Ambient Air Quality Standards for Ozon e, PM 10 and PM 2.5 ................. 21 Table V-1 Proposed VOC Limits, Emissions, and Red uctions at Effective Date. 35 Table V-2 Summary of Complying Products and Compl ying Market Shares ...... 37 Table VI-1 Proposed New and Modified Definitions. ............................................ 44Table of Contents - 5

Table VI-2 Proposed VOC Limits by Product Form an d Effective Dates.............. 48 Table VII-1 Flying Bug Insecticide...............

................................................... ....... 58 Table VII-2 Flying Bug Insecticide Proposal ......

................................................... 60

Table VII-3 Furniture Maintenance Product ........ .................................................. 6 1 Table VII-4 Furniture Maintenance Product Proposa l ........................................... 62 Table VII-5 General Purpose Cleaner..............

................................................... .. 64 Table VII-6 General Purpose Cleaner Proposal..... ............................................... 66 Table VII-7 General Purpose Degreaser............

................................................... 70 Table VII-8 General Purpose Degreaser Proposal... ............................................. 73

Table VII-9 Glass Cleaner........................

................................................... .......... 74 Table VII-10 Glass Cleaner Proposal..............

................................................... ..... 76 Table VII-11 Heavy-duty Hand Cleaner or Soap..... ................................................ 77 Table VII-12 Heavy-duty Hand Cleaner or Soap Prop osal...................................... 79

Table VII-13 Metal Polish or Cleanser ............

................................................... ..... 83

Table VII-14 Metal Polish or Cleanser Proposal .................. ................................... 85

Table VII-15 Oven or Grill Cleaner...............

................................................... ........ 88 Table VII-16 Oven or Grill Cleaner Proposal......

................................................... .. 90 Table VII-17 Special-purpose Lubricant...........

................................................... .... 91 Table VII-18 Special-purpose Lubricant Proposal... ................................................ 93 Table VII-19 Spot Remover (Dry Clean Only)........ ................................................. 97 Table VII-20 Spot Remover (Dry Clean Only) Proposa l.......................................... 99 Table VII-21 Wasp or Hornet Insecticide ...........

................................................... 101 Table VII-22 Wasp or Hornet Insecticide Proposal .. ............................................. 104 Table VIII-1a Estimated Change in Formula Cost per Unit .................................... 113 Table VIII-1b Total Estimated Recurring Cost...... .................................................. 1 14 Table VIII-2 Estimated Nonrecurring per Product Co sts to Comply with the

Proposed Limits.................................... ............................................ 116 Table VIII-3 Estimated Total Nonrecurring Cost pe r Category............................. 118 Table VIII-4 Estimated Total Costs to Comply with the Proposed VOC Limits..... 120

Table VIII-5a Estimated Per-Unit Cost Increases fr om Annualized Nonrecurring .......

and Annual Recurring Costs......................... .................................... 121

Table VIII-5b Sum of Estimated Per-Unit Cost Incre ases from Both Annualized

Nonrecurring and Annual Recurring Costs............ ........................... 122 Table VIII-6 Comparison of Cost-Effectiveness for ARB Consumer Product

Regulations/Measures............................... ....................................... 123 Table VIII-7 Summary of Decline in Return on Owner s’ Equity (ROE)................. 126 Table VIII-8 California Employment and Payroll in Affected Industries ................ 128 Table IX-1 Proposed VOC Limits, Emissions, and Re ductions at Effective ......

Date..............................................

................................................... . 136

Table X-1 Consumer Product VOC Reductions Accredit ed Toward SIP

Commitment ......................................... ............................................ 157Table of Contents - 6 

## List of Figures

Figure IV-1 Number of Days the State Eight Hour Oz one Standard was Exceeded

in Each Air Basin During 2007...................... ...................................... 18 Figure IV-2 Area Designations for State Ambient A ir Quality Standard for ........

Ozone.............................................

................................................... . 22 Figure IV-3 Area Designations for State Ambient Ai r Quality Standard for PM 2.5 .. 23 Figure IV-4 Consumer Products VOC Emission Trends . ...................................... 26



## List of Appendices

Appendix A Proposed Amendments to the Regulation fo r Reducing Emissions from

Consumer Products

Appendix B Proposed Amendments to Method 310: “Det ermination of Volatile Organic

Compounds in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products”

Appendix C Summary of Consumer Product Regulatory A ctions

Appendix D Recurring Cost Estimates

Appendix E Nonrecurring Cost Estimates

### State of California

AIR RESOURCES BOARD

Initial Statement of Reasons for Proposed Amendment s to the California Regulation for Reducing Emissions from

Consumer Products

and Test Method 310: “Determination of Volatile Organi c Compounds in Consumer Products and Reactive Organic Compounds in

Aerosol Coating Products”

Executive SummaryExecutive Summary - 1



## Executive Summary

In this rulemaking, California Air Resources Board (ARB or Board) staff is proposing amendments to the Regulation for Reducing Emissions from Consumer Products (Consumer Products Regulation). The amendments are primarily designed to reduce volatile organic compound (VOC) emissions. The pro posed amendments would set new or lower VOC limits for 11 categories of consum er products. When fully implemented, about 6.7 tons per day of VOC emission reductions would be achieved and be creditable to the current State Implementati on Plan (SIP) commitment. These reductions are an incremental step toward attaining the national ambient air quality

standard for ozone. Additional reductions would be achieved and creditable toward

future SIP commitments.

We are also proposing to prohibit the use of severa l chlorinated Toxic Air Contaminants (TAC) in three categories, preclude use of compound s with higher global warming potential (GWP) values in six categories, and prohi bit use of alkylphenol ethoxylate surfactants in five categories. These proposals ar e mitigation measures developed in
accordance with the California Environmental Qualit y Act (CEQA). They are designed to ensure that TAC chlorinated solvents, compounds with higher GWP values, and

certain surfactants are not used to meet new and lo wer VOC limits. Other amendments would clarify and improve existing regulatory provi sions. The regulation is codified in title 17, California Code of Regulations, sections 94507-94517.

Amendments to the analytical method “Determination of Volatile Organic Compounds in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products” (Test Method 310) are also proposed. The amendment s would set forth analytical methods and procedures to be followed to determine the VOC content of “Fabric Softener-Single Use Dryer Product” and the aromatic compound content of “Paint Thinner” and “Multi-purpose Solvent” products.

This Executive Summary, together with the Technical Support Document, is the Initial Statement of Reasons for Proposed Rulemaking requir ed by the California Administrative Procedure Act. Appendices A and B c ontain the amendments to the Consumer Products Regulation, and Test Method 310, respectively. The proposed changes are shown in underline and strikeout format.

Among other things, this Executive Summary provides a description of the proposed amendments to the Consumer Products Regulation and to Test Method 310, and explains the rationale for the proposed changes. I n accordance with Government CodeExecutive Summary - 2

section 11346.2(a)(1), a “plain English” summary of the proposal is provided in Chapter VI of the Technical Support Document.

A. Authority to Regulate Consumer Products

Consumer products are chemically formulated product s used by household and institutional consumers. Examples include detergen ts; cleaning products; floor finishes; personal care products; lawn and garden products; a ir fresheners; disinfectants; automotive specialty products; paint thinners; inse cticides; and aerosol paints.

The Health and Safety Code sets forth ARB’s authori ty to regulate consumer products to control VOC emissions and greenhouse gas (GHG) e missions. Section 41712 specifies requirements to reduce VOC emissions as a ground-level ozone control strategy. Section 38500 et seq. , establishes authority to reduce emissions of GHGs from consumer products as part of ARB’s climate cha nge mitigation strategy.

B. Existing Regulations

Over the last twenty years, the Board has taken num erous actions to fulfill the legislative mandates pertaining to the regulation of consumer p roducts. Five regulations have been adopted. Three regulations have set VOC limit s for 127 consumer product categories. The adopted limits, when fully effecti ve, will have resulted in reducing emissions by about 225 tons per day, an overall 50 percent reduction in VOC emissions compared to 1990 levels. By 2020, limits on the us e of ingredients with higher GWP values will be equivalent to reducing about 0.23 mi llion metric tons of carbon dioxide equivalents per year.

We have also reduced exposure to TACs. Emissions o f TACs have been reduced by over 13 tons per day by prohibiting use of chlorina ted compounds in 72 categories.

Two regulations, the Alternative Control Plan and t he Hairspray Credit Program, have been adopted to provide compliance flexibility to c ompanies.

These five regulations are codified in title 17, Ca lifornia Code of Regulations,

sections 94500 to 94575.

C. Regulatory Development Process

In order to involve the public, the Consumer Produc ts Regulation Workgroup (CPRWG), was formed. Participation in the CPRWG is open to any member of the public. The CPRWG participated in the development of the 2006 C onsumer and Commercial Products Survey (2006 Survey) and the 2008 Survey f or Dry Clean Only Spot Remover products (2008 Survey Update). The CPRWG was instr umental in the development of these proposed amendments. Consumer product manufa cturers; chemical producers;Executive Summary - 3

marketers; trade associations; environmental groups ; air districts; and various other stakeholders are all active participants.

In addition to the CPRWG meetings, an initial publi c workshop was held in August of 2008, to begin the public process of developing thi s proposal. Two more public workshops to discuss proposals were held on April 1 3, 2010, and July 29, 2010. Prior to the public workshops we posted materials to the consumer products program website for review and comment. Stakeholders could partici pate in person or via teleconference at each workshop. In addition to these public meet ings, numerous meetings with

individual stakeholders and associations were held.

D. Basis for the Proposal and VOC Emissions

Emissions of VOCs from consumer products contribute to the formation of both groundlevel ozone and particulate matter pollution. This section focuses on reducing VOCs as a ground-level ozone control strategy. Despite red ucing emissions by 225 tons per day, it is estimated that the 2010 consumer products emi ssions are approximately 245 tons per day, or about 12 percent of the overall statewi de VOC inventory. We also estimate that the 2010 consumer product emissions comprise a bout 18 and 7 percent of VOC emissions in the South Coast Air Quality Management District (SCAQMD) and the San Joaquin Valley Air Pollution Control District (SJVA PCD), respectively. Without further actions, consumer product emissions are expected to grow to approximately 270 tons per day statewide in 2020, representing almost 14 p ercent of statewide VOC emissions (ARB, 2009a).

The categories for which VOC limits are proposed in this rulemaking emit about 22 tons per day of VOCs. The basis for this estimate is th e 2006 Survey and the 2008 Survey Update. The 2006 Survey was mailed to over 5,000 c ompanies in July 2007. Over 570 companies responded to the 2006 Survey with inf ormation on over 12,000 products (ARB, 2007e). The 2008 Survey Update was sent to m anufacturers of spot removers primarily used at dry cleaning operations in Januar y 2009. Eight companies responded with information on about 50 products (ARB, 2009e).

The 2006 Survey and 2008 Survey Update provided sta ff with detailed information on the formulations of consumer products proposed for regulation. Data summaries from the 2006 Survey and the 2008 Survey Update were pos ted to the website and input from industry was used to correct inaccuracies in t he data. For this rulemaking, the emissions data from the 2006 Survey and the 2008 Su rvey Update were grown by population to predicted 2010 emissions. Staff is c onfident that the 2006 Survey and 2008 Survey Update had adequate representation of t he available technologies in the market place for the categories proposed for regula tion and finds that the data are adequate to support the proposal.Executive Summary - 4

E. Consumer Product VOC Emission Reduction Commitm ents in the State Implementation Plan (SIP)

Reduction of VOC emissions is necessary to attain t he ambient air quality standards for ozone. In 1988, with the passing of the California Clean Air Act, the importance of controlling emissions from consumer products was se t forth. To meet the federal ozone standard, in 1994 emission reductions from consumer products became part of the SIP

to meet the federal standard for ozone.

The 2007 SIP, the State Strategy for California’s 2 007 State Implementation Plan, is California’s plan to attain the national ozone stan dard of 0.08 parts per million (ppm) averaged over eight hours. In this SIP ARB committ ed to an additional 30 to 40 ton per day VOC reduction statewide from consumer products by January 1, 2014.

Table ES-1 shows our progress and remaining reducti ons needed to meet the consumer products commitment in the SIP. As shown in the table, the adopted rulemakings from 2008 and 2009 will result in over 19 tons per day of reductions once fully effective.

Table ES-1

Consumer Product SIP Commitment and Progress to Dat e

Consumer Products Rulemaking Statewide VOC Reductions (tons per day)

June 2008 Amendments 4.5 (adopted)

September 2009 Amendments 14.7* (adopted)

2010 Amendments (this proposal) 6.7 (proposed)

Additional Reductions from Consumer Product Categories ~ 4.0 – 14.0 (needed)

Totals Reductions Needed by January 1, 2014 30 – 40

* Emission reductions of about 12.7 tons per day of this reduction occur in all areas of the State except the South Coast Air Quality Manage ment District (district has their own rule, Rule 1143, for Paint Thinners and Multi-purpose Solvents) (ARB, 2009c).

The amendments proposed in this rulemaking are the third increment of emission reductions toward fulfilling the SIP commitment for VOC reductions from consumer products. As shown, if adopted this proposal would contribute an additional 6.7 tons per day statewide toward the commitment. Additional ru lemakings will be necessary to complete the commitment.

F. Summary of Proposed Amendments to the Consumer Products Regulation

Amendments are proposed to the following sections o f the regulation: section 94508 “Definitions;” section 94509 “Standards for Consume r Products;” section 94510 “Exemptions;” section 94512 “Administrative Require ments;” and section 94515 “Test Methods.” The proposed modifications to sections 9 4510 and 94515 are minorExecutive Summary - 5

clarifications to reference new sections or delete redundant language. The proposed

amendments to the other sections are summarized bel ow. A summary of proposed amendments to Test Method 310 is also provided. Ch apter VI of the Technical Support

Document contains more detailed information on each proposed requirement.

1. Definitions (section 94508)

Section 94508 “Definitions,” provides all of the te rms used in the Consumer Products Regulation which are not self-explanatory. The pro posed amendments to the Regulation include the modification of 16 definitio ns, and the addition of 3 new definitions. These definitions are necessary to de fine categories proposed for VOC limits, clarify products that are not subject to th e VOC limits, or to improve the enforceability of the Consumer Products Regulation. We are also proposing a minor change to the definition for Artist’s Solvent/Thinn er products to change the size criterion

from 32 to 34 fluid ounces. This definitional chan ge, as well as a several other definition proposals, are further explained in Chapter VI.

2. Proposed Amendments to Standards for Consumer Pr oducts (section 94509)

Amendments are being proposed to the Table of Stand ards. Several modifications are proposed to consolidate various prohibitions on use of TAC compounds and limits on use of compounds with higher GWPs. Also proposed a re prohibitions on use of certain TACs, compounds with higher GWPs, and specific surf actants in several categories.

Table of Standards: section 94509(a)

The proposed amendments would specify new or lower VOC limits for the product categories shown in Table ES-2. Together, VOC limi ts are proposed for 11 categories with 15 VOC limits. “Special-purpose Lubricant” pr oducts are not currently regulated, while the other categories are currently subject to VOC limits. However, in the case of “Spot Remover” and “Oven or Grill Cleaner,” additio nal products are proposed for inclusion. For all but one of the currently regula ted categories we are proposing lower VOC limits. We are proposing to increase the curre nt limit for nonaerosol “Oven or Grill Cleaner.” This proposal is explained below. The l imits would become effective on December 31, 2012, or December 31, 2013. Where app ropriate we are proposing separate limits for aerosol product forms to ensure feasibility. Other minor clarifications to the Table of Standards are also proposed.

The categories with limits becoming effective by Ja nuary 1, 2014, would be creditable toward the 2007 SIP commitment, and would result in VOC emission reductions of about 6.7 tons per day. As specified in the regula tion, the effective date of the limits for products requiring Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as well as Department of Pesticide Regulation (DPR) registr ation, would be one year after the effective date listed to allow adequate time for th e State and federal registration process. Because of this, the reductions from Flyi ng Bug Insecticide and Wasp orExecutive Summary - 6

Hornet Insecticide products would be credited towar d a future SIP commitment. Reductions from these two categories total about 0. 2 tons per day.

Several of the proposed VOC limits for the categori es listed in Table ES-2 warrant additional explanation.

Proposal for “Oven or Grill Cleaner” : We are proposing to incorporate grill cleaning products into the existing Oven Cleaner category. To allow the previously unregulated grill cleaner products the necessary time to reform ulate, proposed subsection 94509(q) would specify that the VOC limits do not apply to t hese products until December 31, 2012.

Nonaerosol Oven Cleaner products are currently subj ect to a limit of 1 percent by weight. When this limit was adopted reported produ cts relied on low or non-VOC caustic technologies. We have since learned of oth er technologies introduced to provide alternatives to caustic products. To accom modate the use of these technologies we are proposing to increase the curre nt VOC limit to 4 percent by weight for nonaerosol Oven or Grill Cleaner products. To expedite providing this alternative, as proposed, the limit revision would become effective when the amendments become legally effective. This proposal results in a smal l shortfall of about 0.1 tons per day. However, other reductions from this proposal would offset this change.

Proposal for “Spot Remover” : We are proposing to incorporate spot removers us ed for dry clean-only fabrics into the currently regulated “Spot Remover” category. These are primarily products used at dry cleaning operations. To accommodate the necessary time for these products to reformulate, we are also proposing to delay the effective date of the VOC limit for “Spot Remover” products from D ecember 31, 2010, to December 31, 2012. This modification is proposed t o allow adequate time for reformulation of the new products being included in the category. The proposal to extend the effective date is intended to simplify e nforcement activities for this category;

it would be difficult to discern the difference bet ween the newly added products and those currently regulated. The proposal for the “S pot Remover” category would result in delaying about a 0.25 tons per day VOC reduction fo r 2 years. The newly added products would also be subject to the existing proh ibition on use of methylene chloride, perchloroethylene, and trichloroethylene beginning December 31, 2012.

Other Amendments to section 94509

Proposed Consolidation of Prohibitions on Use of To xic Compounds : Currently, several subsections within section 94509 specify provisions prohibiting use of several chlorinated TACs. We are proposing to consolidate all of these requirements into two tables that would be contained in proposed modified subsection (m). One table would include all of the categories where use of methylen e chloride, perchloroethylene, and trichloroethylene is prohibited. A second table wo uld include the categories where use of para-dichlorobenzene is prohibited. The modifie d subsection (m) would also consolidate the provisions that specify sell-throug h dates and exemptions for impuritiesExecutive Summary - 7 Table ES-2 Proposed VOC Limits by Product Form, Emissions, and

Reductions at Effective Date

Product Category Product

Form 2010 VOC

Emissions*

(tons per day) Proposed

VOC

Limit

(weight percent) VOC

Reduction**

(tons per day)

Flying Bug Insecticide Aerosol 0.65 20 0.06 +

Furniture Maintenance

Product Aerosol 1.32 12 0.36

General Purpose Cleaner Nonaerosol 12.04 0.5 3.73 +

General Purpose Degreaser Nonaerosol 1.91 0.5 1.17

Glass Cleaner Nonaerosol 3.34 3 0.41

Heavy-duty Hand Cleaner or Soap Nonaerosol 0.79 1 0.53

Metal Polish or Cleanser Aerosol 0.22 15 0.07

Metal Polish or Cleanser Nonaerosol 0.20 3 0.15

Oven or Grill Cleaner Aerosol 0.08 8 >0.0

Oven or Grill Cleaner Nonaerosol 0.24 4 -0.12

Special-purpose Lubricant Aerosol 0.26 25 0.10

Special-purpose Lubricant Nonaerosol 0.18 3 0.13

Spot Remover (Dry Clean Only) Aerosol >0.0 15 >0.0

Spot Remover (Dry Clean Only) Nonaerosol 0.17 3 0.17

Wasp or Hornet Insecticide Aerosol 0.31 10 0.14 +

Total Emissions 2010 21.7 tons per day

Total VOC Reductions

Creditable Toward 2007

SIP 6.7 tons per day

Total VOC Reductions

Creditable Toward Future

Commitment 0.2 tons per day

* Survey emissions adjusted for market coverag e and grown to 2010 based on population ** Emission reductions grown to effective date based on population

+ Products subject to FIFRA and DPR registration requ irement given an extra year to complete the registration process

(except no exemption for impurities is provided for para-dichlorobenzene). The modifications are proposed to simplify the regulati on by making it easier to find the prohibitions on toxic compounds.Executive Summary - 8

Proposed Additional Prohibitions on Use of Methylen e Chloride, Perchloroethylene, and Trichloroethylene : New Table 94509(m)(1) also contains proposed pro hibitions on use of methylene chloride, perchloroethylene, and trich loroethylene in “Metal Polish or Cleanser,” “Silicone-based Multi-purpose Lubricant, ” and “Special-purpose Lubricant.” These prohibitions are proposed to ensure that use of these TACs does not occur as products are reformulated to meet the proposed VOC limits. The newly added “Spot Remover” products would be subject to the existing prohibition on use of these solvents. These prohibitions are proposed as a mitigation mea sure under the CEQA.

Proposed Consolidation of Prohibitions on the Use o f Any Chemical Compound that has

a GWP Value of 150 or Greater : At present, several subsections contain prohibit ions on the use of compounds that have GWP values of 150 or greater. We are proposing to consolidate these provisions into modified subsecti on 94509(n). Subsection (n) would also consolidate the provisions that specify sell-t hrough dates and exemptions for impurities. The modifications are proposed to simp lify the regulation by making it easier to find the prohibitions on use of compounds with G WP values of 150 or greater.

Proposed Additional Prohibitions on the Use of Any Chemical Compound that has a

GWP Value of 150 or Greater : In this rulemaking we are also proposing to limi t the use of global warming compounds with higher GWP values in “Flying Bug Insecticide,” “Furniture Maintenance Product,” “Metal Polish or C leanser,” “Special-purpose Lubricant,” “Spot Remover,” and “Wasp or Hornet Ins ecticide” products. These prohibitions are proposed to ensure that use of com pounds with GWP values greater than or equal to 150 does not begin as products are reformulated to meet proposed VOC limits. The measure is proposed as a CEQA miti gation measure.

Proposed Prohibition on Use of Alkylphenol Ethoxyla te Surfactants : Alkylphenol ethoxylates are nonionic surface active agents (sur factants) used as wetting agents, emulsifiers, and dispersants in cleaning and degrea sing products. Once into wastewater, alkylphenol ethoxylates do not readily degrade and they and/or their degradation products enter aquatic environments thr ough wastewater treatment

facilities and storm water.

Alkylphenol ethoxylates, in particular octylphenol and nonylphenol ethoxylates, have been found to be toxic to aquatic species; they are hormone disruptors, with the primary concern focused on the estrogenic effects (David et al. , 2009). Because of this, ARB

staff consulted with staff of the State Water Resou rces Control Board (SWRCB). Information provided to SWRCB staff indicates that alkylphenol ethoxylates are found in measurable concentrations in California’s receiving waters. Moreover, SWRCB staff is concerned that any potential additional use could a dversely impact aquatic species (SWRCB, 2010a; SWRCB, 2010b; SCCWRP, 2010; and SFEI , 2010). Therefore, ARB staff is proposing a mitigation measure in accordan ce with CEQA. As proposed, after December 31, 2012, use of alkylphenol ethoxylate su rfactants would be prohibited from use in Oven or Grill Cleaner products and in the no naerosol forms of General Purpose Cleaner, General Purpose Degreaser, and Glass Clean er. A prohibition on use in nonaerosol Heavy-duty Hand Cleaner or Soap products would become effectiveExecutive Summary - 9

December 31, 2013. These prohibitions are proposed to ensure that use of these compounds does not occur as products are reformulat ed to meet the proposed VOC limits. This proposal would be contained in modifi ed subsection 94509(m)(3).

Staff also finds that replacements for alkylphenol ethoxylates are readily available. Alcohol ethoxylates, linear alkylbenzene sulphonate s, and alkyl polyglucosides

surfactants are considered to be effective and envi ronmentally safer. Additional information on this proposal is contained in Chapte r IX, Environmental Impacts,

section E.

Additional Modifications to Section 94509 to Accomm odate New Subsections (m) and (n) : Because of the proposals to consolidate various provisions into new subsections 94509(m) and (n), additional “clean up” modifications to various subsections are proposed. These modifications incl ude deleting several subsections and re-lettering and reorganizing remaining subsect ions. The references to the various toxic compound prohibitions and the GWP limits with in the Table of Standards would

also be modified to reference new subsections or re -lettered subsections.

3. Proposed Amendments to Administrative Requiremen ts (section 94512)

We are proposing to amend the Most Restrictive Limi t provision contained in subsection 94512(a). Specifically, subpart (3) wou ld be modified to clarify the regulation’s applicability when two defined categor ies exclude each other within their respective definitions. As proposed, when a defini tion for a specific category excludes another specific category, and vice versa , the product is subject to the VOC limit for whichever category is lower.

G. Proposed Amendments to Test Method 310

ARB Test Method 310 sets forth the analytical proce dures and processes to determine the VOC content of consumer products. We are propo sing to amend this method to incorporate additional testing procedures and stand ard test methods to analyze consumer products for compliance. These modificati ons are proposed to specify the procedures to be used to analyze for the aromatic c ompound content in “Paint Thinner” and “Multi-purpose Solvent” products, and the VOC c ontent of “Fabric Softener-Single Use Dryer Product.”

Proposed amendments to section 2 of Method 310 woul d include additional applicable test methods to analyze consumer products for compl iance.

New subsections are also being proposed. Proposed new subsection 3.3.8 would specify the procedures for analyzing for aromatic c ompound content in “Paint Thinner” and “Multi-purpose Solvent” products. New section 4.2.3 would specify the procedures for analyzing for the VOC content of “Fabric Soften er-Single Use Dryer Product.”Executive Summary - 10

H. Compliance with the Proposed Amendments

Manufacturers have the flexibility to choose from a variety of formulation options to meet the applicable limits (see Chapter VII, Description of Product Categories). To comply with VOC limits, VOC solvents or propellants may ne ed to be replaced, or partially replaced, with VOC exempt ingredients. This may re quire using VOC exempt compounds, or formulating with an exempt VOC propel lant. Use of water or low vapor pressure (LVP) VOC compounds is also feasible. Man ufacturers may also need to change the valve, container, delivery system, or th e other components of the consumer product depending on the individual formulation. F or each category and proposed VOC limit staff has determined feasible pathways toward reformulation. We also note that the survey data show that, in each category, produc ts are already being sold that comply with the proposed VOC limits. Table ES-3 sh ows the number of products and percent of the market that would currently comply w ith staff’s proposed VOC limits.

Table ES-3 Summary of Complying Products and Complying Market Shares

Product Category Product

Form Proposed

VOC Limit
(weight percent) Number of

Complying

Products/Total

Products Percent

Complying

Market

Share

Flying Bug Insecticide Aerosol 20 18 / 51 55

Furniture Maintenance Product Aerosol 12 37 / 87 10

General Purpose Cleaner Nonaerosol 0.5 980 / 1518 69

General Purpose Degreaser Nonaerosol 0.5 232 / 462 73

Glass Cleaner Nonaerosol 3 165 / 298 10

Heavy-duty Hand Cleaner or Soap Nonaerosol 1 113 / 255 30

Metal Polish or Cleanser Aerosol 15 20 / 73 35

Metal Polish or Cleanser Nonaerosol 3 96 / 154 78

Oven or Grill Cleaner Aerosol 8 18 / 21 87

Oven or Grill Cleaner Nonaerosol 4 81 / 90 > 95

Special-purpose Lubricant Aerosol 25 64 / 168 47

Special-purpose Lubricant Nonaerosol 3 166 / 224 97

Spot Remover (Dry Clean Only) Aerosol 15 <5 / <5 <5

Spot Remover (Dry Clean Only) Nonaerosol 3 16 / 49 46

Wasp or Hornet Insecticide Aerosol 10 38 / 56 60

Source: 2006 Consumer & Commercial Products Survey and 2008 Spot Remover Survey Update.Executive Summary - 11

Staff concludes that technology exists, and is read ily available to comply with the proposed limits in the timeframes provided. Staff has also proposed limits that are feasible without the use of compounds with GWPs of 150 or greater, alkylphenol ethoxylates, and the TACs methylene chloride, perch loroethylene, and trichloroethylene.

Several reformulation options warrant further discu ssion.

LVP-VOC Glycol Ethers

Stakeholders, as well as ARB staff, had concerns th at reformulations to comply with the VOC limits for various cleaning products could resu lt in use of certain compounds that may pose adverse health impacts. Staff evaluated v arious reformulation options and identified use of LVP-VOC glycol ethers as one of s everal reformulation options. To fully evaluate whether use of LVP-VOC glycol ethers would pose potential health hazards, ARB staff consulted with the Office of Env ironmental Health Hazard Assessment (OEHHA).

Based on available health effects data OEHHA develo ped draft provisional Reference Exposure Levels (REL) for a number of LVP-VOC glyco l ethers. A REL is a

concentration in air that is considered safe. Howe ver, due to lack of publicly available health effects data, large uncertainty factors were applied to the RELs. Further analysis by OEHHA determined that the RELs should not be use d as a basis for regulatory

action due to an overall lack of information on the toxicity of these compounds. OEHHA will continue to monitor developments in the toxico logical literature and will re-evaluate the provisional RELS in the future, if needed (OEHH A, 2010).

In addition, based on staff’s ongoing analysis of r eformulation approaches we have concluded that use of these compounds is neither ne cessary, nor the preferred reformulation approach. This is because a large sh are of products that already comply with the proposed VOC limits for “General Purpose C leaner” and “General Purpose Degreaser” do not rely on use of LVP-VOC glycol eth ers. We also believe the proposed VOC limit for “Glass Cleaner” products is set at a level such that use of LVP-VOC glycol
ethers is not needed. Nevertheless, we will monito r use of the LVP-VOC glycol ethers through regular surveys of the industry.

Acetone

Staff has identified use of acetone as a potential reformulation option in specific categories. Acetone is a low photochemically react ive compound that has been excluded from the definition of VOC. However, conc erns with its use have been raised because it is an extremely flammable solvent. Alth ough acetone may have limited use in some categories, as shown in Appendix D, ‘typica l’ complying and noncomplying formulas used as a basis for our economic analysis did not include acetone. This indicates that other reformulations to comply are m ore likely. In other cases where it could be used it would be in small amounts or in pr oducts already labeled to warnExecutive Summary - 12

consumers of flammability concerns. Therefore, we do not believe any additional use of acetone would pose safety concerns.

Other Compliance Options

Manufacturers can also comply with the proposed ame ndments through the use of the Innovative Products Provision (IPP) which allows a product to exceed the VOC limit if it is clearly demonstrated that the “innovative” produ ct will result in less VOC emissions than a complying product that meets the applicable VOC limit.

Manufacturers can also comply with the proposed ame ndments through the use of the Alternative Control Plan (ACP) that allows emission s averaging of various regulated products throughout their product lines.

I. Economic Impacts

The economic impacts of the proposed amendments are summarized below. Our complete analysis of these impacts is contained in Chapter VIII of the Technical Support

Document.

1. Overall Cost

We estimate that the overall cost to comply with th e proposed amendments is about $5 million per year for ten years, for a total of a lmost $50 million. This amount includes both recurring (e.g., raw materials) and nonrecurri ng (e.g., research and development) costs and is estimated based on assumptions specifi c to each category. The cost represents the average of low and high cost estimat es and represents our prediction of the costs most likely to be incurred.

2. Cost-effectiveness

Another measure of the economic impacts of the prop osal is to determine the “dollars to be spent per pound of VOC reduced,” or cost-effecti veness (CE). The CE of the proposed amendments has been calculated to be about $0.98 per pound of VOC reduced. This is based on total expected emission reductions of about 6.9 tons per day (includes reductions occurring in 2014). The CE of Consumer Product Regulation amendments proposed in 2006, 2008, and 2009 was abo ut $2.35, $6.23, and $0.29 per pound of VOC reduced, respectively. Thus, the CE o f this proposal is within the range of previously adopted consumer products amendments.

3. Return on Owner’s Equity (ROE)

Another measure of the impacts of the proposed amen dments on manufacturers is to determine the ROE. ROE is a calculation which comp ares a company’s percentage reduction in profitability after incurring the cost s associated with the proposed amendments. In calculating ROE, we make the conser vative assumption thatExecutive Summary - 13

manufacturers will absorb all compliance costs with out passing any of these costs on to the consumer. Our analysis found that the overall reduction in profitability ranges from about 1 percent to about 3 percent, with an average reduction in profitability of about 1.6 percent.

Based on the small reduction in profitability, we b elieve that overall, most affected businesses’ profitability will not be adversely aff ected. If they are unable to absorb all or a portion of the compliance costs, these costs will be passed through to the consumer.

4. Impacts on California Businesses

Because we believe that the proposed amendments wou ld not significantly alter the profitability of most businesses, as shown in our R OE analysis, we do not expect a noticeable change in employment; business creation; elimination or expansion; and business competitiveness in California. However, t he proposed amendments may impose economic hardship on businesses with very li ttle or no margin of profitability.

5. Increased Cost to Consumers

As a result of this proposal, consumers may have to pay more for some products, depending on the extent to which manufacturers pass along their compliance costs. If all assumed compliance costs are passed on to the c onsumer, we estimate the cost per unit increase would range from negligible or no cos t for a nonaerosol Glass Cleaner product to about $0.44 for a Heavy Duty Hand Cleane r or Soap product. The aforementioned costs do not include typical retail mark-up.

6. Fiscal Impacts

No significant adverse economic impacts to any loca l or State agency were identified. We are aware that the California Prison Industry Au thority (PIA) manufactures some products for which VOC limits are proposed. Based on the 2006 Survey, the PIA manufactures nonaerosol “General Purpose Cleaner,” “General Purpose Degreaser,” and “Glass Cleaner” products. All of these reporte d products already comply with the proposed VOC limits for these categories. Therefor e, we expect no impacts on the PIA.

ARB will have costs for enforcing the proposed amen dments. It is estimated that beginning in fiscal year 2012-13 the Enforcement Di vision will require an additional

1.5 staff. The costs for these additional resource s will need to be addressed in the

future.

J. Environmental Impacts

The proposed amendments to the Consumer Products Re gulation are primarily designed to reduce VOC emissions. Therefore, imple menting the proposed VOC limits would have an overall positive impact on the enviro nment by reducing exposure to ground-level ozone. Other proposed amendments woul d either have no impact orExecutive Summary - 14

would have beneficial impacts on the environment. No significant adverse impacts were identified, however several mitigation measures are proposed to ensure no adverse impacts would result.

Once fully effective, VOC emissions would be reduce d statewide by about 6.9 tons per day. Our qualitative health risk assessment conclu des that because VOCs are ozone precursors, public health is further protected by r educing these emissions. The actual lowering of health risks has not been quantified. The reductions resulting from this proposal would be an incremental step toward achiev ing the State and federal ozone

standards.

In addition to ground level ozone impacts, we evalu ated how implementing the proposed amendments would impact particulate matter (particularly secondary organic aerosols); climate change, stratospheric ozone depl etion; solid waste disposal; water quality; and energy use. No potential adverse impa cts were identified. However, our evaluation of potential use of several TACs, compou nds with higher GWP values, and certain surfactants indicated that there was a pote ntial for adverse impacts resulting from compliance with the proposed VOC limits. Ther efore, to address these impacts staff is proposing mitigation measures in accordanc e with CEQA. A complete analysis of the potential environmental impacts of the propo sal is contained in Chapter IX of the Technical Support Document. A summary of proposed mitigation measures follows.

1. Prohibition on Use of Certain Toxic Air Contamin ants

A mitigation measure, in accordance with CEQA, is p roposed to prohibit the use of the TACs methylene chloride, perchloroethylene, and tri chloroethylene in “Metal Polish or Cleanser,” “Silicone-based Multi-purpose Lubricant, ” and “Special Purpose Lubricant” products. These provisions are proposed in subsect ion 94509(m) and are designed to

ensure that use of these solvents does not occur as products reformulate to meet VOC limits. This proposal would reduce toxic emissions by about 0.1 ton per day.

2. Limit on Use of Global Warming Compounds

Several compounds with higher GWPs could be used in reformulated products. To minimize climate change impacts from implementing t he proposed VOC limits, we are proposing to prohibit use of compounds with GWP val ues of 150 or greater in “Flying Bug Insecticide,” “Furniture Maintenance Product,” “Metal Polish or Cleanser,” “Specialpurpose Lubricant,” “Spot Remover,” and “Wasp or Ho rnet Insecticide” products. These prohibitions are proposed to ensure that use of com pounds with GWP values greater than or equal to 150 does not begin as products are reformulated to meet proposed VOC limits. These provisions are proposed in subse ctions 94509(n). This proposal would allow use of the propellant hydrofluorocarbon (HFC) 152a, but preclude the use of HFC-134a. This limit is also proposed as a miti gation measure under CEQA.Executive Summary - 15

3. Prohibition on Use of Alkylphenol Ethoxylate Sur factants

Alkylphenol ethoxylates are nonionic surface active agents (surfactants) used as wetting agents, emulsifiers, and dispersants in cleaning an d degreasing products. For some categories one reformulation pathway to the meet pr oposed VOC limits would be to replace VOC solvents with surfactants. Alkylphenol ethoxylates meet the definition of LVP-VOC so their use is not currently restricted by the VOC limits in the Consumer Products Regulation. In the cleaning/degreasing ca tegories, because of how the products are used, some product is washed ‘down the drain.’ Once into wastewater, alkylphenol ethoxylates do not readily degrade and they and/or their degradation products enter aquatic environments through wastewa ter treatment facilities and storm

water.

Ample scientific evidence implicates the alkylpheno l ethoxylates, particularly the octylphenol and nonylphenol ethoxylates, as toxic t o aquatic species. Therefore, as a mitigation measure under CEQA, we are proposing tha t use of alkylphenol ethoxylate surfactants would be prohibited from use in Oven or Grill Cleaner products and in the nonaerosol forms of General Purpose Cleaner, Genera l Purpose Degreaser, and Glass Cleaner products effective on December 31, 2012. W e are also proposing that the alkylphenol ethoxylate surfactants be prohibited fr om use in Heavy-duty Hand Cleaner or Soap products effective December 31, 2013. Thes e prohibitions are proposed to ensure that use of these compounds does not occur a s products are reformulated to meet the proposed VOC limits. This proposal would be contained in modified subsection 94509(m)(3).

K. Environmental Justice

This proposal is consistent with the ARB’s Environm ental Justice Policy to reduce health risks in all communities, including low-inco me and minority communities. Generally, use of consumer products is fairly unifo rm across the State, tracking with population, and their emissions are spread over the course of a day, rather than concentrated at a particular time of day. For thes e reasons, we do not believe that people of any given race, culture, or income would be more impacted than any others would. All Californians should benefit equally fro m the reduction in VOC emissions from the consumer product categories proposed for regula tion.

L. Future Plans

Future activities include continued review of the 2 006 Consumer and Commercial Products Survey to determine if more VOC reductions are feasible. We also plan to conduct an additional survey to update emissions of aerosol coating products and various other consumer products. This survey will serve as the basis for completing the SIP commitment for consumer products.Executive Summary - 16

We also will explore options for identifying comply ing products destined for sale in California and develop advisories to clarify what c onstitutes “incidental use” and to clarify how limits for “general” purpose products a re enforced.

M. Recommendation

We recommend that the Board adopt these proposed am endments to the Consumer Products Regulation and Test Method 310.

REFERENCES

1. Air Resources Board. The California Almanac of Emissions and Air Quality –

2009 Edition . 2009. (ARB, 2009a)

2. Air Resources Board. Initial Statement of Reas ons, Proposed Amendments to the California Consumer Products Regulations . August 7, 2009. (ARB, 2009c)

3. Air Resources Board. 2008 Consumer & Commercial Products Survey Update for Dry Clean Only Spot Removers . January 14, 2009. (ARB, 2009e)

4. Air Resources Board. 2006 Consumer & Commercial Products Survey (Including Aerosol Coating Products) . July 24, 2007. (ARB, 2007e)

5. David, A., Fenet, H., Gomez, E. Alkylphenols in Marine Environments: Distribution Monitoring Strategies and Detection Co nsiderations . 2009. Marine Pollution Bulletin. Volume 58: 953-960. (David et al. , 2009)

6. Office of Environmental Health Hazard Assessment . Provisional Reference Exposure Levels (RELS) Compounds of Interest As Pos sible LVP-VOCS

. Memorandum dated September 16, 2010, from Melanie M arty, Ph.D., Chief, Air Toxicology and Epidemiology Branch, Office of Envir onmental Health Hazard Assessment, to Janette Brooks, Chief, Air Quality M easures Branch, Air Resources Board. (OEHHA, 2010)

7. San Francisco Estuary Institute. Occurren ce of Alkylphenol Ethoxylate Surfactants in San Francisco Bay and Potential Impa cts on Water Quality

. Memorandum dated July 13, 2010, from Rainer Hoenick e, Ph.D., Executive Director, San Francisco Estuary Institute, to Darri n Polhemus, Deputy Director, Division of Water Quality, State Water Resources Co ntrol Board. (SFEI, 2010)

8. Southern California Coastal Water Researc h Project. Effects on Water Quality of Alkylphenol Ethoxylate Surfactants (APEOs) . Memorandum dated July 15, 2010, from Keith Maruya, Principle Scientist, Southern Ca lifornia Coastal Water Research Project, to Darrin Polhemus, Deputy Direct or, Division of Water Quality, State Water Resources Control Board. (SCCW RP, 2010)Executive Summary - 17

9. State Water Resources Control Board. Wate r Quality Effects of Alkylphenol Ethoxylate Surfactants . Memorandum dated September 20, 2010, from Darrin, Deputy Director, Division of Water Quality, State Water Resources Control Board, to Richard Corey, Chief, Stationary Source D ivision, Air Resources Board. (SWRCB, 2010a)

10. State Water Resources Control Board. Effec ts on Water Quality of Alkylphenol Ethoxylate Surfactants . Memorandum dated July 19, 2010, from Valerie Conn or, Ph.D., Deputy Director, Office of Information Manag ement and Analysis, State Water Resources Control Board, to Darrin, Deputy Di rector, Division of Water Quality, State Water Resources Control Board. (SWRC B, 2010b)Intentionally Blank Page - 18

### State of California

AIR RESOURCES BOARD

Initial Statement of Reasons for Proposed Amendment s to the California Regulation for Reducing Emissions from

Consumer Products

and Test Method 310: “Determination of Volatile Organi c Compounds in Consumer Products and Reactive Organic Compounds in

Aerosol Coating Products”

Technical Support DocumentTechnical Support Document Chapter I - 1



## Chapter I. Introduction

In this rulemaking Air Resources Board (ARB) staff is proposing amendments to the Regulation for Reducing Emissions from Consumer Pro ducts (Consumer Products Regulation) that are designed to reduce the volatil e organic compound (VOC) content of various consumer products. Mitigation measures are also proposed to ensure that use of several toxic air contaminants, compounds with h igher global warming potential (GWP) values, and certain surfactants are not used as replacements to meet the proposed VOC limits. Other proposals would clarify and improve existing regulatory provisions and definitions. The regulation is codi fied in title 17, California Code of Regulations, sections 94507-94517. The proposed am endments are necessary as an incremental step towards fulfilling the consumer pr oducts element of the 2007 State Implementation Plan for Ozone.

Amendments to the test method used to verify consum er products’ compliance with VOC limits are also proposed. These amendments to Test Method 310: “Determination of Volatile Organic Compounds in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products” (Test Method 310) are necessary to enforce newly adopted provisions in the Consumer Products R egulation.

This Technical Support Document is ARB staff’s tech nical justification and analysis of the proposed amendments. It is part of the Initial Statement of Reasons (ISOR) for Proposed Amendments to the California Consumer Prod ucts Regulation and Test Method 310. The proposed amendments to the Consume r Products Regulation and Test Method 310 can be found in Appendices A and B, respectively, of this document.

Included in this Technical Support Document is the following information:

• background information on the consumer products pr ogram related to the control of VOC and greenhouse gas (GHG) emissions;

• information on the public process used to develop the proposed amendments;

• an overview of the requirements of State law and t he State Implementation Plan commitment for consumer products;

• an overview of air quality focusing on criteria po llutants and climate change which are germane to the regulation of consumer pro ducts;

• a review of the emissions from the categories prop osed for regulation and development of the VOC limits;

• a description, in plain language, of the proposed amendments to the Consumer Products Regulation and Test Method 310;Technical Support Document Chapter I - 2

• an analysis of the estimated economic impacts of t he proposed amendments;

• an analysis of the environmental impacts of the pr oposed amendments; and

• a summary of future activities.



### A. Enabling Legislation

The Health and Safety Code sets forth ARB’s authori ty to regulate consumer products. Section 41712 sets forth the authority to control V OC emissions to reduce ground-level

ozone concentrations. Section 38500 et seq. provides the authority to reduce emissions of GHGs. Authority to mitigate potential adverse impacts of proposed regulations is set forth in Public Resources Code s ection 21000 et seq. A summary of each of these requirements in State law follows.

1. Health and Safety Code section 41712

In 1988, the California Clean Air Act (CCAA or “the Act”) added section 41712 to the California Health and Safety Code. The intent of s ection 41712 is primarily to reduce ground-level ozone concentrations. Section 41712, along with subsequent amendments, requires ARB to adopt regulations to ac hieve the maximum feasible reduction in VOC emissions from consumer products. The CCAA specified that attainment of the California State ambient air qual ity standards is necessary to promote and protect public health, particularly of children , older people, and those with respiratory diseases. The Legislature also directe d that these standards be attained by the earliest practicable date.

Prior to adoption, the Board must determine that ad equate data exist to establish that the regulations are necessary to attain State and f ederal ambient air quality standards. Commercial and technological feasibility of the reg ulations must also be demonstrated. The Act further stipulates that regulations adopted must not eliminate any product form, and that recommendations from health professionals be considered when developing VOC control measures for health benefit products.

2. Health and Safety Code section 38500 et seq.

In 2006, Assembly Bill (AB) 32, The California Glob al Warming Solutions Act of 2006, was signed into law. This law created a comprehens ive, multi-year program to reduce

GHG emissions in California. The California Health and Safety Code, commencing with section 38500, contains these provisions. AB 32 re quires ARB to develop regulations and consider market-based compliance mechanisms tha t will ultimately reduce California’s GHG emissions to the 1990 baseline yea r by 2020. Beyond the requirements of AB 32, the Governor’s Executive Ord er EO-S-03-05 calls for an 80 percent GHG reduction from 1990 levels by 2050.

AB 32 required ARB to identify a list of “discrete early action greenhouse gas reduction measures” by June 30, 2007. Once on the list, thes e measures are to be developed into regulatory proposals, adopted by the Board, an d made legally enforceableTechnical Support Document Chapter I - 3

(approved by Office of Administrative Law) by Janua ry 1, 2010. Reduction of compounds with higher GWP values that are used in c onsumer products was designated as one of these measures, and became par t of the State’s comprehensive strategy when the Board approved the Scoping Plan o n December 12, 2008.

3. Public Resources Code section 21000 et seq.

In addition to requirements set forth in California 's Health and Safety Code, the California Environmental Quality Act (CEQA) require s that environmental impacts of proposed regulations be evaluated. If significant adverse environmental impacts are identified, mitigation measures must be put in plac e, if available, to reduce or eliminate such impacts. California's Public Resources Code, commencing with section 21000 et

seq. , specifies these provisions.



### B. Background

To date, the Board has taken numerous actions to fu lfill the legislative mandate pertaining to the regulation of VOCs in consumer pr oducts. A synopsis of the regulations adopted to date follows.

1. Existing Consumer Product Regulations

Three regulations have been adopted that affect 127 consumer product categories. These limits, once fully effective will result in r educing VOC emissions by about 225 tons per day by the end of 2013, an overall 50 percent reduction.

Exposure to toxic air contaminants (TAC) has also b een reduced by prohibiting use of certain chlorinated compounds in 72 categories. To tal emissions of TACs have been reduced by over 13 tons per day.

In addition, two regulations, the Alternative Contr ol Plan and the Hairspray Credit Program have been adopted to provide compliance fle xibility to companies. The five consumer product regulations are codified in title 17, California Code of Regulations,

sections 94500 to 94575:

• Antiperspirants and Deodorants (Article 1, sectio ns 94500-94506.5);
• Consumer Products (Article 2, sections 94507-9451 7);
• Aerosol Coating Products (Article 3, sections 945 20-94528);
• Alternative Control Plan (Article 4, sections 945 40-94555); and
• Hairspray Credit Program (Article 5, sections 945 60-94575).

Regulation of consumer products began in 1989 with adoption of the Antiperspirants and Deodorants Regulation. The “general” Consumer Products Regulation was approved in 1990 and has been amended numerous time s. The most recent amendments to the Consumer Products Regulation were adopted on August 6, 2010.

These amendments set new or lower VOC limits for th ree categories of consumer products. When fully effective VOC emissions from the 2009 amendments will beTechnical Support Document Chapter I - 4

reduced by an additional 14.7 tons per day. The Ae rosol Coatings Regulation was adopted in 1995 and was amended in 2000. A complet e summary of consumer products program regulatory actions with dates of r egulatory amendments are provided in Appendix C.

Greenhouse gas emission reductions of about 0.2 mil lion metric tons of carbon dioxide equivalents (MMT CO 2 e) per year have also been achieved.

2. Consumer Products and the State Strategy for Califo rnia’s 2007 State Implementation Plan (SIP)

Federal clean air laws require areas with unhealthy levels of ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide and inhalable part iculate matter to develop SIPs describing how they will attain national ambient ai r quality standards (NAAQS). A SIP is a compilation of new and previously submitted plans , programs (such as monitoring, modeling, permitting, etc.), local air district rul es, and State and federal regulations. The Code of Federal Regulations (CFR) Title 40, Chapter I, Part 52, Subpart F,

Section 52.220 lists all of the items which are inc luded in the California SIP.

The SIP showing how California's nonattainment area s will meet the eight-hour standard of 0.08 parts per million (ppm) was adopte d at the September 25, 2007, Board hearing (ARB, 2007d). California's SIP was submitt ed to U.S. EPA in late 2007. As of this writing the U.S. EPA has not acted to approve this SIP.

Specific to consumer products, in the SIP, ARB comm itted to reducing consumer product VOC emissions statewide by 30 to 40 tons pe r day by January 1, 2014. This means that all limits designed to meet this commitm ent must be effective before January 1, 2014. Rulemakings from 2008 and 2009 wi ll result in over 19 tons per day of reductions once fully effective. The amendments pr oposed in this rulemaking are the third increment toward fulfilling the commitment fo r VOC reductions from consumer products. Additional information on the consumer p roducts element of the SIP, including progress toward meeting the goal, is incl uded in Chapter III.

3. Consumer Products and the California Global Warm ing Solutions Act of 2006 (AB 32)

Various consumer products may contain GHGs in their formulations. Most often these GHGs are propellants such as hydrofluorocarbons (HF Cs) and carbon dioxide (CO 2 ).

To a lesser extent some GHGs are used as solvents. As mentioned earlier in this chapter greenhouse gas reductions from consumer pro ducts was designated a Discrete Early Action Measure.

The Discrete Early Action Measure is a GHG emission reduction from consumer products estimated to be 0.25 MMT CO 2 e, if feasible. As mentioned previously, in 2020

the reduction achieved will be 0.23 MMT CO 2 e. We continue to evaluate whether GHGTechnical Support Document Chapter I - 5

emission reductions from other consumer product cat egories are feasible, however, any

additional measures would not be creditable to the Discrete Early Action Measure.

4. National Consumer Products Regulations

On September 11, 1998, U.S. EPA promulgated a natio nal consumer products regulation, the “National Volatile Organic Compound Emission Standards for Consumer Products” (40 CFR Part 59, Subpart C, Sections 59.2 01 et seq.). This action set national VOC emission standards for various categor ies of consumer products. The regulation became effective on September 11, 1998, and the VOC limits became effective on December 10, 1998, (U.S. EPA, 1998a). There are similarities and

differences between the California and national con sumer products regulations; however, the national regulation does not preclude states from adopting more stringent regulations.

In 2011, U.S. EPA will begin working on amendments to their existing national consumer products regulation. Their amendments are based on California’s CONS-1 (2004 Consumer Products Regulation Amendments) cate gories and limits. The amendments are expected to become effective in 2012 , with a compliance date of January 2013.

U.S. EPA has also promulgated a national regulation for aerosol coatings (spray paints) based on ARB’s Aerosol Coatings Regulation. This i s a reactivity-based regulation. The national aerosol coatings regulation was promul gated on March 24, 2008. The compliance date was July 1, 2009 (U.S. EPA, 2008).

The national consumer products regulation is less e ffective in reducing VOC emissions from consumer products. The national regulation do es not regulate a number of product categories that are currently regulated und er the ARB regulation. For the categories that are regulated under both regulation s, many of ARB’s limits are more stringent than the national limits. Therefore, ARB ’s consumer products regulations have achieved significant additional reductions over tho se that would be achieved by the national regulation alone.

Because California has unique air quality problems, reducing VOC emissions from all categories, including consumer products, to the max imum extent feasible, is necessary to attain the federal and State ambient air quality standards for ozone.

The national regulations for consumer products and aerosol coatings do not prohibit the use of certain TACs. To date, the California Consu mer Products Regulation includes prohibitions on the use of certain TACs in 72 categ ories, resulting in a reduction of toxic compound emissions of over 13 tons per day.

As of the date of this staff report, there are no n ational consumer products regulations related to reducing GHG emissions.Technical Support Document Chapter I - 6

REFERENCES

1. Air Resources Board. State Strategy for Californ ia’s 2007 Implementation Plan

. Released April 26, 2007. Adopted by the Air Resourc es Board on September 27, 2007. (ARB, 2007d)

2. United States Environmental Protection Agency. N ational Volatile Organic Compound Emission Standards for Aerosol Coatings; D irect Final Rule (40 CFR Parts 51 and 59) . Federal Register: March 24, 2008. Volume 73, Numb er 57. (U.S. EPA, 2008)

3. United States Environmental Protection Agency. N ational Volatile Organic Compound Emission Standards for Consumer Products. (40 CFR Part 59)

. Federal Register: September 11, 1998. Volume 63, Nu mber 176: 48819-48847. (U.S. EPA, 1998a)Technical Support Document Chapter II - 7



## Chapter II. Public Process

This chapter contains a description of the public p rocess used to develop the proposed amendments. The Administrative Procedure Act (APA) (Government Code section

11340 et seq .) requires that development of regulations must al low for public input.

Our process for development of these proposed limit s included a number of formal and informal opportunities for public participation. I n order to involve the public, the Consumer Products Regulation Workgroup (CPRWG) was formed. Participation is open to any member of the public. The CPRWG partic ipated in the development of the 2006 Consumer and Commercial Products Survey (2006 Survey). The CPRWG actively participated in the development of the 200 4, 2006, 2008, and 2009 amendments, as well as, these proposed amendments.

Further, the CPRWG also participated in the develop ment of the 2008 Survey Update for Dry Clean Only Spot Remover Products (ARB, 2009 e). The intent of this survey was to evaluate emissions from spot remover products us ed at dry cleaning facilities. The survey was conducted in response to comments from s takeholders that indicated the market was not sufficiently covered by the 2006 Sur vey (ARB, 2007e). Combined, these surveys serve as the basis for this proposal.

Consumer product manufacturers, chemical producers, marketers, trade associations, and various other stakeholders listed below, have a ctively participated in the process.

• American Chemistry Council (ACC)

• American Cleaning Institute (ACI)

• American Coatings Association (ACA)

• Automotive Specialty Products Association (ASPA)

• Coalition for Clean Air

• Consumer Specialty Products Association (CSPA)

• Institute for Research and Technical Assistance (I RTA)

• International Sanitary Supply Association (ISSA)

• National Aerosol Association (NAA)

• Personal Care Products Council (PCPC)

Representatives from local air districts and agenci es, including the South Coast Air Quality Management District (SCAQMD), and the Unite d States Environmental Protection Agency (U.S. EPA) were also involved in the process.Technical Support Document Chapter II - 8

ARB staff maintains a mailing list of over 5,000 co mpanies and interested parties, including environmental organizations. We have est ablished an electronic list serve, which has over 2,800 subscribers, to allow subscrib ers to receive pertinent information. We also have a public website for the 2010 Consumer Products Regulatory Work Group Activity.

The public process to evaluate the categories inclu ded in these proposed amendments began in July of 2007 with release of the 2006 Surv ey. The Survey (along with the 2008 Survey Update) provided detailed information o n sales and product volatile organic compound (VOC) content which allowed for ca lculation of emissions and identified possible reformulation strategies to red uce VOC content.

To begin this rulemaking process, on August 15, 200 8, staff posted data summaries for several cleaning product categories to the CPRWG ac tivity website. Draft VOC limits for these categories were posted on August 22, 2008 . The data and proposals were discussed at a public workshop on August 27, 2008. At the meeting, staff discussed the draft regulatory categories, proposed limits, and t he rulemaking timeline. The meeting served as a forum for stakeholder comments on the p roposals. Based on comments received, staff postponed consideration of the prop osals to assess health impacts associated with potential reformulation strategies.

Staff continued review of the 2006 Survey and on Oc tober 19, 2009, data summaries were posted for the remaining 2006 Survey categorie s. Corrections to the data were made, as appropriate, based on stakeholder comments

.

The data summaries were evaluated for potential VOC reduction opportunities. Based on this review, draft categories and VOC limits for various categories were posted to the CPRWG activity website on April 8, 2010. The data and proposals were discussed at a second public workshop on April 13, 2010. At the m eeting, staff discussed the draft regulatory categories, proposed limits, and the rul emaking timeline. Stakeholders participated in person and via teleconference. Useful comments on the proposals were received. These comments led to additional evaluat ion of the survey data, and in some instances resulted in modifications to the proposal to ensure commercial and technological feasibility of each proposed limit.

To solicit additional information and comments, sta ff held individual meetings and

teleconferences with stakeholders. At several of t hese meetings, industry representatives presented technical information rel ated to reformulation of products.

A third public workshop to discuss the proposal was held on July 29, 2010. As with each of the previous public workshops, stakeholders participated in person and via teleconference. Prior to the public workshop mater ials to be discussed were posted to the 2010 CPRWG activity website. The proposal refl ected some modifications based on comments received at earlier workshops.Technical Support Document Chapter II - 9

REFERENCES

1. Air Resources Board. 2008 Consumer & Commercial Products Survey Update for Dry Clean Only Spot Removers . January 14, 2009. (ARB, 2009e)

2. Air Resources Board. 2006 Consumer & Commercial Products Survey (Including Aerosol Coating Products) . July 24, 2007. (ARB, 2007e)Technical Support Document Intentionally Blank Page - 10Technical Support Document Chapter III - 11



## Chapter III. Statutory Requirements and the State

Implementation Plan Commitment for

Emission Reductions

In this chapter, we describe State law requirements related to setting volatile organic compound (VOC) and greenhouse gas (GHG) limits, and how our proposals meet these criteria. Interpretation of the terms commercially feasible and technologically feasible is provided. The commitment for consumer products in the 2007 State Implementation Plan (SIP), and progress to date, are also describe d.



### A. VOC Reductions

Health and Safety Code section 41712 gives the Air Resources Board (ARB) authority to control emissions from a very diverse number of products sold statewide to household and commercial consumers. By law, “Consu mer Product" means a chemically formulated product used by household and institutional consumers, including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialt y products; but does not include other paint products, furniture coatings, or architectura l coatings.

Section 41712 requires the Board to adopt regulatio ns to achieve the maximum feasible reduction in VOCs emitted by consumer products afte r making certain determinations. Prior to adoption, the Board must determine that ad equate data exist to establish that the regulations are necessary to attain State and n ational ambient air quality standards and the regulations are commercially and technologi cally feasible. Section 41712 also specifies that regulations cannot result in the eli mination of a product form. Product form refers to the shape and/or structure of the pr oduct such as liquid; solid; powder; gel; crystal; aerosol; or pump spray.

The Board must consider the effect that the limits or requirements proposed for health benefit products will have on the efficacy of those products in killing or inactivating agents of infectious diseases such as viruses, bact eria, and fungi. In this regard, the Board must consult with health professionals when d eveloping VOC control measures for health benefit products.

Section C provides the interpretation of the terms commercially and technologically feasible as they relate to setting VOC limits. Dur ing the early development of consumer product regulations, guidelines were established to ensure that these statutory criteria were met when setting limits. These guidelines and statutory criteria were followed inTechnical Support Document Chapter III - 12

developing the proposed amendments. Chapter V incl udes our rationale for why staff

finds that the VOC limits meet these criteria.



### B. Greenhouse Gas Reductions

Health and Safety Code section 38500 et. seq . (Assembly Bill 32) requires ARB to develop regulations and consider market mechanisms that will ultimately reduce California’s greenhouse gas emissions equivalent to the 1990 levels by 2020. It required ARB to identify a list of “discrete early action greenhouse gas reduction measures” by June 30, 2007. Reduction of compounds with higher global warming potential (GWP) values that are used in consumer pr oducts was designated as one of these measures, and is part of the State’s Scoping Plan.

In accordance with section 38562, certain criteria are to be met in developing regulations to meet GHG reduction goals. Among oth er things, the regulations must be equitable, minimize costs, and maximize the benefit s to California. The GHG regulations are also required to be technologically feasible and cost-effective.

In this rulemaking, we are not proposing limits und er the authority granted under Assembly Bill 32. We are, however, proposing a mit igation measure under authority granted by the California Environmental Quality Act to ensure that use of compounds with higher GWP values are not used to reformulate products to meet VOC limits.



### C. Interpretation of the Terms Technological and Co mmercial Feasibility in Relation to Proposing VOC Limits

Staff bases proposals for VOC limits on the lower V OC content technologies reported within a product category, on technology transfer f rom other product categories, or on research into emerging technologies, that with lead time, will likely be feasible. In doing this, staff must ensure that the various product fo rms within each category will be preserved and that efficacy of health benefit produ cts will not be affected. Our interpretation of the terms “technologically feasib le” and “commercially feasible” follows.

1. Technologically Feasible

Health and Safety Code section 41712(b) requires th at the Board adopt consumer product regulations that are “technologically feasi ble.” Technological feasibility is a different concept than "commercial feasibility," an d does not take into account the cost of reformulating a product. We believe that a prop osed limit is technologically feasible if it meets at least one of the following criteria: ( 1) the limit is already being met by at least one product within the same category, or (2) the limit can reasonably be expected to be met in the time frame provided through additi onal development efforts.

In setting the proposed VOC limits, an effort was m ade, wherever possible, to ensure that multiple reformulation technologies exist whic h would allow products to comply. Proposed limits were set at VOC levels that staff d etermined could be met withoutTechnical Support Document Chapter III - 13

increased use of toxic air contaminants, greenhouse gases, or ozone-depleting compounds. General reformulation options include a ddition of exempt VOC solvents such as acetone, use of low vapor pressure (LVP)-VO C solvents, use of water-based technologies, use of VOC exempt propellants, increa sed use of surfactants, and use of inorganic compounds.

2. Commercially Feasible

Health and Safety Code section 41712(b) also requir es the Board to adopt consumer product regulations that are “commercially feasible .” The term “commercially feasible” is not defined in State law. In interpreting this term, staff utilizes the reasoning employed by the United States Court of Appeals for the District of Columbia in interpreting the federal Clean Air Act. In the lea ding case of International Harvester Company v. Ruckelshaus , (D.C. Cir. 1973) 478 F. 2d 615, the Court held th at the U.S. EPA could promulgate technology-forcing motor vehicle emission limits which might result in fewer models and a more limited cho ice of engine types for consumers, as long as the basic market demand for new passenge r automobiles could be generally

met.

Following this reasoning, we have concluded that a regulation is “commercially feasible” as long as the “basic market demand” for a particul ar consumer product can be met. “Basic market demand” is the underlying need of con sumers for a product to fulfill a basic, necessary function. This must be distinguis hed from consumer “preference,” which may be towards specific attributes of a parti cular product. A “preference” is the choice of consumers for a certain product or produc ts based upon fragrance, cost,

texture, etc.

By way of example, a consumer has a basic market de mand for a glass cleaner to remove soils, grease, dirt or grime from their wind ows. Glass cleaners may be formulated with glycol ether solvents or with ammon ia. Consumers may choose an ammoniated glass cleaner because they prefer the performance characteristics, or they may choose a nonammoniated glass cleaner because th ey dislike the smell of ammonia. This distinction is not recognized by all parties. Some stakeholders have expressed the view that consumers do not have a “ba sic market demand” for a general class of products, but that consumers instead have a number of separate and distinct “basic market demands” for many specialty products with differing characteristics.

ARB staff believes the consumer “preference” interp retation of “basic market demand” is inconsistent with the reasoning from the Internatio nal Harvester case. To adopt such a narrow interpretation would be inconsistent with th e clearly expressed legislative intent that “...the State board shall adopt regulations to achieve the maximum feasible reduction in reactive organic compounds emitted by consumer products...” (Health and Safety Code section 41712(a)). In order to achieve emission reductions, manufacturers of noncomplying products which perform the same bas ic function as complying product counterparts must reduce the amount of VOCs in thei r products. It is expected that when a product’s formulation changes, some attribut es of the product will also change.Technical Support Document Chapter III - 14

If ARB were to establish limits which accounted for every distinct feature of every product, then each product would require a limit un to itself. Using this approach, it would be impossible to achieve the maximum feasible reduction in VOC emissions.

Most currently marketed products have some unique f eatures that differentiate them from other products. Consumers who purchase a prod uct have demonstrated a preference over other competing products. This dis tinction between “preference” and “basic market demand” was clearly made in the Inter national Harvester case. In the International Harvester case, the court stated that the proposed emission limits would be feasible even though they may result in the unav ailability of certain kinds of vehicles and engine types people preferred, as long as the b asic market demand for passenger cars could be generally met. Applying this princip le to consumer products, the proposed amendments allow the basic market demand t o be met for each product category, even though it may no longer be possible to manufacture products with some specific attributes. ARB staff believes that this approach complies with Health and Safety Code section 41712.

Chapter V of this report provides the rationale of why we believe the amendments proposed in this rulemaking meet these criteria.



### D. State Implementation Plans

The Board must also meet its obligations under the SIP. Because VOCs are ozone precursors, specific consumer product control measu res have been developed and included in SIPs to meet the previous one-hour peak ozone standard, as well as the eight-hour ozone standard. To meet the national st andards, emission reductions from consumer products became part of the SIP for ozone in 1994. In this SIP, consumer products measures were put in place to work towards attaining the federal one-hour ambient air quality standard for ozone. In the 200 3 SIP, ARB reiterated the commitment to reduce consumer products’ VOC emissions to meet the one-hour federal ozone standard. Our summary here focuses on the current consumer product element designed to meet the 0.08 parts per million (ppm) e ight-hour ambient air quality standard for ozone (ARB, 2008b).

1. The 2007 SIP Commitment for Consumer Products

In 2007, a new SIP was adopted. This State Strateg y for California’s 2007 State Implementation Plan continues California’s approach to attaining the federal ozone standard of 0.08 ppm averaged over eight hours (ARB , 2007d). The consumer products commitment in this SIP, to reduce VOC emis sions by 30-40 tons per day statewide, supplements the 1994 and 2003 commitment s. Table III-1 displays the progress toward meeting the January 1, 2014, deadli ne. Once fully effective the adopted limits from the 2008 and 2009 rulemakings w ill reduce VOC emissions by 19.2 tons per day.Technical Support Document Chapter III - 15 Table III-1 Consumer Product SIP Commitment and Progress to Dat e

Consumer Products Rulemaking Statewide VOC Reductions (tons per day)

June 2008 Amendments 4.5 (adopted)

September 2009 Amendments 14.7* (adopted)

2010 Amendments (this proposal) 6.7 (proposed)

Additional Reductions from Consumer Product Categories ~ 4.0 – 14.0 (needed)

Total Reductions by January 1, 2014 30 – 40

* Emission reductions of about 12.7 tons per day of this reduction occur in all areas of the State except the South Coast Air Quality Manage ment District (district has their own rule, Rule 1143, for Paint Thinners and Multi-purpose Solvents) (ARB, 2009c).

The amendments proposed in this rulemaking are the third increment toward fulfilling

the 2007 SIP commitment for VOC reductions from con sumer products. As shown in Table III-1, the proposal described in this report is designed to achieve a VOC reduction of about 6.7 tons per day statewide. Table III-1 a lso shows that additional rulemakings to complete the commitment are necessary.

Further reductions from consumer products are impor tant because VOC emissions from consumer products are predicted to become the large st source of VOC emissions in the South Coast Air Basin, and the third largest source in the San Joaquin Valley Air Basin by 2020. The SIP, in combination with local action s, provides emission reductions necessary to meet the eight-hour ozone standard in these two most challenging regions.

VOC reductions from consumer products are becoming more difficult to achieve. In light of this, the SIP includes a commitment to exp lore innovative reduction approaches in the longer term. One such measure would include investigating emission reduction opportunities through reactivity-based standards.

Alternative market-based mechanisms would also be e xplored to encourage the development, distribution, and purchase of cleaner, very low, or zero VOC emitting products. Examples of mechanisms to explore are an environmental product labeling program, programs where companies set their own emi ssion reduction goals, and the use of print and broadcast media for public educati on. If these mechanisms cannot produce meaningful emission reductions from the con sumer products source category, then other approaches would be evaluated. Some of these other approaches include the purchase of VOC emission reduction credits; and funding of special projects to reduce emissions or accelerate reductions from poll ution sources outside of the consumer products industry.Technical Support Document Chapter III - 16

2. Future SIPs

Up-to-date information on SIP activities can be fou nd on ARB’s website at: http://www.arb.ca.gov/planning/sip/sip.htm . Effective May 27, 2008, U.S. EPA reduced the eight-hour “primary” ozone standard to a level of 0.075 ppm. U.S. EPA also set a secondary eight-hour ozone standard to the level of 0.075 ppm, making it identical to the revised primary standard. As of this writing t hese standards have been withdrawn and are being reconsidered. U.S. EPA proposed that the new primary standard be in the range of 0.060-0.070 ppm. The final rule is ex pected by late October of this year (2010). Revisions to the current eight-hour standa rd will require that new SIPs be drafted. A complete new State strategy will be dev eloped for 2013 (U.S. EPA, 2010c). The 2013 SIP will likely require more VOC reduction s from consumer products.

REFERENCES

1. Air Resources Board. Initial Statement of Reas ons, Proposed Amendments to the California Consumer Products Regulations . August 7, 2009. (ARB, 2009c)

2. Air Resources Board. Ambient Air Quality Standards . April 1, 2008. (ARB, 2008b)

3. Air Resources Board. State Strategy for Califo rnia’s 2007 Implementation Plan

. Released April 26, 2007. Adopted by the Air Resourc es Board on September 27, 2007. (ARB, 2007d)

4. International Harvester Company v. Ruckelshaus G eneral Motors Corporation, 478 F. 2d 615 (D.C. Cir., 1973)

5. United States Environmental Protection Agency. N ational Ambient Air Quality Standards for Ozone (40CFR Parts 50 and 58) . Federal Register: January 19, 2010. Volume 75, Number 11. (U.S. EPA, 2010c)Technical Support Document Chapter IV - 17



## Chapter IV. Air Pollutants, Area Designations, and

Consumer Products’ Emissions

California’s extreme air quality problems require u nique strategies for improving air quality and slowing climate change. For example, n early all Californians, or about 99 percent, live in areas designated as nonattainme nt for the State’s ozone and/or particulate matter (PM) standards (ARB, 2009a). In this chapter, we provide an overview of air quality focusing on criteria pollut ants and climate change problems which are germane to the regulation of consumer pro ducts. This chapter also includes a summary of national and State ambient air quality standards and displays areas of the

State that are not in attainment with these standar ds. Information on consumer products emissions and emission trends is also prov ided.



### A. Criteria Pollutants

National and State ambient air quality standards ha ve been established to protect California’s population from the harmful effects of ozone and PM. An ambient air quality standard sets legal limits on the level of an air p ollutant in the outdoor (ambient) air that has been deemed necessary to protect public health. Both ARB and U.S. EPA are

authorized to set standards.

Volatile organic compound (VOC) emissions from cons umer products contribute to the

formation of both ozone and fine PM. Other sources of VOCs include emissions from fuel combustion and various paint products. PM pol lution is the result of both direct and

indirect emissions. Direct sources of PM include e missions from fuel combustion and

wind erosion of soil. Indirect PM emissions result from the chemical reaction of VOCs, nitrogen oxides (NO

x ), sulfur oxides, and other chemicals in the atmosp here. Emissions from consumer products are indirect sources of PM.

1. Ozone

Ozone formation in the lower atmosphere results fro m a series of chemical reactions

between VOCs and NO

x in the presence of sunlight. The rate of ozone ge neration is related closely to both the amount and reactivity o f VOC emissions as well as the

amount of NO

x

emissions available in the atmosphere (Seinfeld an d Pandis, 1998). Ozone is a colorless gas and the chief component of urban smog. It is one of the State’s most persistent air quality problems. Over 90 percent of the State’s population lives in areas where the State’s eight-hour ozone s tandard is exceeded (ARB, 2006b). Figure IV-1 below displays, by air basin, the numbe r of days in 2007 that the State’s eight-hour ozone standard was exceeded.Technical Support Document Chapter IV - 18 Figure IV-1 Number of Days the State Eight-Hour Ozone Standard was Exceeded in Each Air Basin During 2007

As shown in Figure IV-1, large areas of the State e xperience over 50 days per year of unhealthful air due to ground-level ozone concentra tions that exceed the State

standard.

It has been well documented that ozone adversely af fects the respiratory function of humans and animals. Research has shown that, when inhaled, ozone can cause respiratory problems, aggravate asthma, impair the immune system, and cause increased risk of premature death. Human health st udies show that short-term exposure to ozone injures the lung (ARB, 2008b). I n some animal studies, permanent structural changes with long-term exposures to ozon e concentrations considerably above ambient were seen; these changes remain even after periods of exposure to clean air (U.S. EPA, 2006). Exposure to levels of ozone above the current ambient air quality standard can lead to lung inflammation, lun g tissue damage, and a reduction in the amount of air inhaled into the lungs.

Ozone is a strong irritant that can cause constrict ion of the muscle cells in the airways that result in symptoms such as coughing, chest tig htness, shortness of breath, and increased asthma symptoms (ARB, 2008b). Recent evi dence suggests that ozone may be linked to the onset of new asthma in very active children (McConnell et al ., 2002). Ozone has also been associated with premature death . Ozone in sufficient doses canTechnical Support Document Chapter IV - 19

also increase the permeability of lung cells, rende ring them more susceptible to toxins and microorganisms. Other health effects associate d with ozone exposure include hospitalizations and school absences. The greatest risk from ozone exposure is to those who are active outdoors during smoggy periods , such as children, athletes, and

outdoor workers.

Not only does ozone adversely affect human and anim al health, but it also affects vegetation, resulting in reduced yield and quality in agricultural crops, disfiguration or unsatisfactory growth in ornamental vegetation, and damage to native plants. During the summer, ozone levels are often highest in the u rban centers in Southern California, the San Joaquin Valley, and Sacramento Valley, whic h are adjacent to the principal production areas in the State’s multibillion-dollar agricultural industry (USDA, 2010). ARB studies indicate that ozone pollution damage to crops is estimated to cost agriculture over $500 million dollars annually (ARB , 1987; ARB, 2006b).

2. Fine Particulate Matter

Particulate matter is a complex mixture of tiny par ticles that may consist of dry solid fragments, solid cores with liquid coatings, and sm all droplets of liquid. These particles vary greatly in shape, size, and chemical compositi on, and can be made up of many different materials such as metals, soot, soil, and dust. As described above, PM can be directly emitted from sources, such as diesel PM, o r can be produced indirectly from sources which emit precursors that are converted to PM by atmospheric processes.

Particles 10 micrometers or less in diameter are de fined as "respirable particulate

matter" or "PM 10 ." PM 10 and particles 2.5 micrometers or less in diameter (PM 2.5 ) can be inhaled deep into the lungs. PM 2.5 contributes significantly to regional haze and reduction of visibility in California. Besides red ucing visibility, the acidic portion of PM (nitrates, sulfates) can harm crops, forests, aq uatic and other ecosystems (ARB, 2002).

Considerable epidemiologic research over the past 1 5 years has investigated the responses of humans to PM. The principal health ef fects of PM exposure are

summarized below:

• Many studies have consistently found statistical a ssociations between PM 2.5 and premature death with both long-term (Pope et al ., 2004; Pope et al

., 2002;

Krewski et al

., 2000; Laden et al

., 2006) and daily exposures (e.g., Dominici et

al ., 2005; Dominici et al., 2003; Laden et al ., 2000). The association with premature mortality is considerably stronger for an nual average PM 2.5 exposure than for daily average PM 2.5 . That is, long-term exposure appears to pose a greater risk of death than short-term exposure.

• A recent study suggests that long-term exposure to PM 2.5 may influence the risk of adverse cardiovascular events in women (Miller et al ., 2007), including hospitalization or death from heart attack or strok e.Technical Support Document Chapter IV - 20

• Daily exposure to PM 2.5 has been associated with hospitalization for heart and lung related causes (Moolgavkar, 2003; Zanobetti an d Schwartz, 2003). Others have found that exposure to PM 2.5 resulted in increased emergency room visits, exacerbation of asthma, and other respiratory disea ses (Peel et al ., 2005; Sheppard, 2003). Other research indicates that exp osure to PM 2.5 leads to increased asthma medication usage (Gent et al ., 2003), and increased asthma symptoms (e.g., Delfino et al ., 2002; Whittemore and Korn, 1980). Exposure to

PM 2.5 has also been associated with an increase in the l oss of work days (Ostro

et al ., 1993; Ostro and Rothschild, 1989).

• Older adults with pre-existing chronic heart or lu ng disease are at greatest risk of experiencing adverse effects related to PM 2.5 exposure (Moolgavkar, 2003;

Dominici et al

., 2006; Symons et al

., 2006).

There is some evidence that PM and ozone may have g reater effects in children than in adults. This may be because they inhale more PM 2.5 and ozone per pound of body weight than do adults, and because they breathe mor e rapidly than adults. Adverse effects reported in children include reduced lung f unction and reduced lung growth in higher pollution areas (Gauderman et al ., 2004; Gauderman et al ., 2002; Gauderman et

al ., 2000) that may at least partially reverse if the child moves to an area with cleaner air (Avol et al

., 2001); increased asthma and bronchitis symptoms (Gauderman et al

., 2005; McConnell et al

., 1999); increased school absenteeism (Gilliland et al ., 2001); and increased risk of acquiring asthma for children who engage in three or more outdoor sports and live in areas with high ozone co ncentrations (McConnell et al

., 2002).



### B. Ambient Air Quality Standards

To protect public health California has set two sta ndards for ozone. The one-hour peak standard for ozone is 0.09 parts per million (ppm). The eight-hour standard for ozone is 0.070 ppm averaged over eight hours. The PM 10 annual average standard is 20 micrograms per cubic meter ( μ g/m 3 ) and the annual average PM 2.5 standard is

12 μ g/m 3 . The State PM 10 standard for a 24-hour period is 50 μ g/m 3 . The national and State ambient air quality standards for ozone and P M are shown in Table IV-1.

Table IV-1 reflects the previous national eight-hou r standard for ozone of 0.08 ppm. This is because the 0.075 ppm standard, promulgated on March 27, 2008, is being reconsidered. It is expected that the revised prim ary standard will be set within the range of 0.060 to 0.070 ppm to provide increased pr otection for children and other ‘at risk’ populations (U.S. EPA, 2010c). The final rul e on the national standard is expected in October of this year. Table IV-1 shows that Cal ifornia's standards for PM and ozone continue to be more heath protective than those at the federal level.Technical Support Document Chapter IV - 21 Table IV-1 Ambient Air Quality Standards for Ozone, PM 10 and PM 2.5

Pollutant Averaging Time State Standard National Standard

Ozone 1 hour 0.09 ppm (180 μ g/m 3 ) ---------*

8 hour 0.070 ppm

(137 μ g/m 3 ) 0.08 ppm**

(157 μ g/m 3 )

PM 10 24 hour

Annual Arithmetic Mean 50 μ g/m 3

20 μ g/m 3 150 μ g/m 3

---------

PM 2.5 24 hour

Annual Arithmetic Mean --------- 12 μ g/m 3 35 μ g/m 3

15.0 μ g/m 3

Source: Air Resources Board, Ambient Air Quality Standards April 1, 2008 (ARB, 2008b).

* The federal one-hour standard was revoked on Ju ne 15, 2005. ** The previously promulgated standard of 0.075 ppm is being reconsidered. The 2007 SIP is designed

to reach attainment with the standard of 0.08 ppm (U.S. EPA, 2010c).

1. Area Designations for California Ambient Air Ozo ne Standard

The California Clean Air Act (CCAA) of 1988 has the fundamental goal that all areas of California are to attain the State ambient air qual ity standards for ozone by the earliest practicable date. As specified in the CCAA, ARB ha s designated areas of California to

be in "attainment" or "nonattainment" for the State ozone standards.

For the year 2010, Figure IV-2 shows the counties d esignated as nonattainment (or nonattainment transitional, which is a subcategory of nonattainment) for the State ozone standard. As shown, unhealthy levels of ozone are not limited to urban areas, but can be found in nearly every county in California. Thi s map clearly indicates the extent and magnitude of the ozone problem in California.

Some of the areas that are nonattainment for the St ate ozone standards are also nonattainment for the 0.08 ppm federal eight-hour o zone standard. SIPs showing how each nonattainment area would meet the 0.08 ppm eig ht-hour ozone standard were

submitted to U.S EPA in 2007. In order to maintain progress towards clean air, the federal Clean Air Act prohibits backsliding on the control program.

2. Area Designations for California Ambient Air PM 2.5 Standard

Figure IV-3 shows the counties designated as nonatt ainment for the State PM 2.5 standard. As with ozone, unhealthy levels of PM 2.5 are not limited to urban areas, but can be found in many counties throughout California

.Technical Support Document Chapter IV - 22 Figure IV-2 Area Designations for State Ambient Air Quality Sta ndard for Ozone

Nonattainment areas for the federal 24-hour PM 2.5 standard of 35 μ g/m 3 include the South Coast Air Quality Management District (SCAQMD ); San Joaquin Valley Air Pollution Control District (SJVAPCD); Bay Area Air Quality Management District; Sacramento Metropolitan Air Quality Management Dist rict; and portions of the El Dorado County Air Quality Management District, Plac er County Air Pollution Control District, Yolo/Solano Air Quality Management Distri ct, Feather River Air Quality Management District, Butte County Air Quality Manag ement District, and Imperial County Air Pollution Control District. Thus, most of the areas shown in Figure IV-3 are

also nonattainment for the federal 24-hour PM 2.5 standard. SIPs are due to U.S. EPA

for the federal 24-hour PM 2.5 standard of 35 μ g/m 3 in 2012.Technical Support Document Chapter IV - 23 Figure IV-3 Area Designations for State Ambient Air Quality Sta ndard for PM 2.5

SIPs for the federal PM 2.5 annual standard of 15.0 μ g/m 3 were due to U.S. EPA in 2008.

The PM 2.5 SIP for SCAQMD was approved by the Board in Septem ber 2007 and was

submitted to U.S. EPA in November 2007. The PM 2.5 SIP for SJVAPCD was approved by the Board in May 2008 and was submitted to U.S. EPA in June 2008.



### C. Climate Change

Climate change, or global warming, is the process w hereby emissions of anthropogenic pollutants, together with other naturally-occurring gases, absorb infrared radiation in the atmosphere, leading to increases in the overall ave rage global temperature. Changes in the atmospheric abundance of greenhouse gases (G HG) alter the energy balance of the climate system. These changes are expressed in terms of radiative forcing. The standard definition of “greenhouse gas” includes, b ut is not limited to, six substances asTechnical Support Document Chapter IV - 24

identified in the Kyoto Protocol; carbon dioxide (C O 2 ), methane (CH 4 ), nitrous oxide (N 2 O), hydrofluorocarbons (HFCs), perfluorocarbons (PF Cs), and sulfur hexafluoride (SF 6 ).

The Global Warming Potential (GWP) of a compound ma y reflect a direct effect as well as an indirect effect on global warming. The direc t effect is the warming due to the absorption of radiation by molecules of the compoun d in question. VOCs, CO 2 , and

HFCs all have direct effects. The indirect effect is due to the impact that the presence of the compound has on the concentration of other G HGs. For example, VOCs contribute indirectly to global warming, because th ey react chemically in the atmosphere

to increase GHG concentrations of ozone and methane . While VOCs do have direct effects, they are considered GHGs primarily because of their role in creating ozone, and in prolonging the life of methane in the atmosphere

.

By convention, the GWP index is defined relative to CO 2 which has a GWP of 1. The Second Assessment Report (SAR) (IPCC, 1996), define s the GWP of a GHG as the ratio of the time-integrated radiative forcing impa ct from an instantaneous release of 1 kilogram (kg) of a trace substance relative to th at of 1 kg of CO 2 . The standard units of measurement used to express the emissions of a G HG is, million metric tons of CO 2 equivalents (MMT CO 2 e) per year.

The GWP values used by ARB are generally the 1996 S AR GWP values (ARB, 2007c). These values are used when converting emissions of GHGs to CO 2 equivalent values (CO 2 e). The SAR GWP values are used to be consistent w ith the Board’s Discrete Early Action Report, other statewide and national G HG inventories, and ARB’s Scoping Plan. When no SAR GWP value is listed, ARB uses th e 2007 Fourth Assessment Report (FAR) GWP value (IPCC, 2007).

The climate warming impact from emissions of GHGs i s the product of two factors: (1) the mass of GHG emitted, and (2) its warming po tential. In addition to uncertainty in the mass of emissions, there is also uncertainty in attributes of warming potential (as a function of direct and indirect warming impacts and the atmospheric lifetime) and thus in

the assessment of GWP.



### D. Consumer Product Emissions

Consumer products are a significant source of VOC e missions in California. These VOC emissions also contribute to secondary organic aerosol formation. The contribution of consumer products to overall GHG em issions is modest relative to other sources, such as vehicle exhaust. This section foc uses on emissions of VOCs and

GHGs.

1. VOC Emissions

Although each consumer product may seem to be a sma ll source of emissions, the cumulative use of these products by over 39 million Californians results in significantTechnical Support Document Chapter IV - 25

emissions (ARB, 2009a). Given the severity of the air pollution problems in California,

further dramatic emission reductions from all sourc es contributing to ground-level ozone

are necessary.

As evidence of the magnitude of consumer product VO C emissions, it is estimated that current (2010) consumer products emissions are appr oximately 245 tons per day, or about 12 percent of the overall statewide VOC inven tory. Consumer product emissions comprise about 18 percent and 7 percent of VOC emis sions in SCAQMD and SJVAPCD, respectively. Without further actions, co nsumer product emissions are expected to grow to approximately 270 tons per day in 2020, representing about 14 percent of statewide VOC emissions (ARB, 2009a).

As control measures for other VOC sources (i.e. mob ile sources) become effective, consumer product emissions become more important. For example, it is estimated that emissions from consumer products will be the larges t source of VOC emissions in the SCAQMD in 2020. Given this, further reductions in VOC emissions from consumer products are needed, if ozone attainment is to be a chieved and maintained.

Despite these projections, ARB’s consumer products program has made significant progress. Since 1989, regulations adopted by the A RB, along with numerous amendments to the regulations, have substantially r educed VOC emissions from consumer products. Absent these regulations today, consumer product emissions would likely be about 450 tons per day. Figure IV- 4 shows that statewide consumer product VOC emissions will have been reduced by ove r 225 tons per day by 2013. However, Figure IV-4 also shows that without furthe r actions population growth would likely reverse the trend.

The emission values in Figure IV-4 are derived from several data sources. The 1990 to

2007 emissions are taken from the ARB Forecasted Em issions by Summary Category, 2009 Almanac (ARB, 2007a; ARB, 2009b). Emissions a re then grown in proportion to expected population increase. Population growth is in accordance with estimates in the California Environmental Protection Agency’s (Cal/E PA) Statewide Human Population Table found in the Population and Vehicle Trends Re port (ARB, 2008c). For categories regulated by the 2009 Consumer Products Regulation Amendments, emission values from the 2006 Survey and estimated emission reducti ons resulting from the VOC limits approved by the Board at its September 2009, hearin g, are reflected in the figure (ARB, 2009c). As shown in Figure IV-4, the important emi ssion reductions that have been realized from the ARB’s Consumer Products Program w ill, in 2014, begin to be offset by population growth. California’s population is expe cted to grow to 40 million by 2012 (CA DOF, 2007). Therefore, ARB must continue its c ommitment to pursue additional technologically and commercially feasible consumer products emission reductions.

2. Greenhouse Gas Emissions

Several GHGs are used in consumer products. Compou nds of interest include CO 2 , N 2 O, HFCs, hydrochlorofluorocarbons, and hydrofluoroe thers. However, theTechnical Support Document Chapter IV - 26

propellants CO 2 , HFC-134a, and HFC-152a are the predominate GHGs u sed in consumer products today. The propellants HFC-134a and HFC-152a are low

Figure IV-4

Consumer Products VOC Emission Trends

225 250 275 300 325 350 375 400 425 450 475 500 525

1 9 90 1992 19

9 4

1 9 9 6

1 9 98 2000 20

0 2
2 0 0 4 2006 2008 20

1 0
2 0 1 2 2014 2016
2

0 1 8
2 0 20

YearEmissions (tpd) Emissions (with population growth only)

Emissions (with population growth and emission redu ctions)

photochemically reactive compounds that are VOC exe mpt; they have been used as a reformulation strategy to reduce VOC content in oth er categories. CO 2 is not a VOC.

Using the second assessment report for GWP values, HFC-152a has a GWP of 140, while HFC-134a has a GWP of 1,300. The value for H FC-134a is approximately ten times greater than the GWP of HFC-152a and 1,300 ti mes greater than CO 2 . Thus, consumer product emission reduction strategies have primarily focused on restricting

the use of HFC-134a.

REFERENCES

1. Air Resources Board. The California Almanac of E missions and Air Quality –

2009 Edition . 2009. (ARB, 2009a)

2. Air Resources Board. ARB Forecasted Emissions by Summary Category, 2009

Almanac

. http://www.arb.ca.gov/app/emsinv/fcemssumcat2009.ph p

. (ARB, 2009b) 225 tons per dayTechnical Support Document Chapter IV - 27

3. Air Resources Board. Initial Statement of Reasons, Proposed Amendments to the California Consumer Products Regulations . August 7, 2009. (ARB, 2009c)

4. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation . May 9, 2008. (ARB, 2008a)

5. Air Resources Board. Ambient Air Quality Standar ds . April 1, 2008. (ARB, 2008b)

6. Air Resources Board. Statewide Human Population Chart: Population and Vehicle Trends Report . April 2008. (ARB, 2008c)

7. Air Resources Board. ARB Forecasted Emissions by Summary Category, 2007

Almanac . (ARB, 2007a)

8. Air Resources Board. ARB Compendium of Emission Factors and Methods to Support Mandatory Reporting of Greenhouse Gas Emiss ions . October 19, 2007. (ARB, 2007c)

9. Air Resources Board. Comparison of California’s Ozone Problem to the Rest of the Country . July 29, 2006. (ARB, 2006b)

10. Air Resources Board and Office of Environmental Health Hazard Assessment. Staff Report, Public Hearing to Consider Amendments to the Ambient Air Quality

Standards for Particulate Matter and Sulfates . May 3, 2002. (ARB, 2002)

11. Air Resources Board. Effect of Ozone on Vegetat ion and Possible Alternative Ambient Air Quality Standards, Staff Report . March, 1987. (ARB, 1987)

12. Avol, E.L., Gauderman, W.J., Tan, S.M., London, S.J., and Peters, J.M. Respiratory Effects of Relocating to Areas of Diffe ring Air Pollution Levels . 2001. American Journal of Respiratory and Critical Care M edicine. Volume 164: 2067- 2072. (Avol et al

., 2001)

13. California Department of Finance. Population Pr ojections for California and Its

Counties 2000-2050 . July 2007. (CA DOF, 2007)

14. Delfino, R.J., Zeiger, R.S., Seltzer, J.M., St reet, D.H., McLaren, C.E. Association of Asthma Symptoms with Peak Particulate Air Pollut ion and Effect Modification by Anti-inflammatory Medication Use . 2002. Environmental Health Perspectives. Volume 110, Number 10: A607-617. (Delfino et al ., 2002)Technical Support Document Chapter IV - 28

15. Dominici, F., Peng, R.D., Bell, M.L., Pham, L. , McDermott, A., Zeger, S.L., Samet, J.M. Fine Particulate Air Pollution and Hosp ital Admission for Cardiovascular and Respiratory Diseases . 2006. Journal of American Medical Association. Volume 295, Number 10: 1127-1134. (Dom inici et al. , 2006)

16. Dominici, F., McDermott, A., Daniels, M.,., Ze ger, S.L., Samet, J.M. Revised Analyses of the National Morbidity, Mortality, and Air Pollution Study: Mortality Among Residents of 90 Cities . 2005. Journal of Toxicology and Environmental Health. Part A, 68:1071-92. (Dominici et al. , 2005)

17. Dominici, F., Daniels, M., McDermott, A., Zeger , S.L., and Samet, J.M. Revised Analyses of the National Morbidity, Mortality, and Air Pollution Study, Part II : Shape of the Exposure – Response Relation and Morta lity Displacement in the

NMMAPS Database . 2003. Health Effects Institute Special Report. (D ominici et

al. , 2003)

18. Gauderman, W.J., Avol, E., Lurmann, F., Kuenzl i, N., Gilliland, F., Peters, J., and McConnell, R. Childhood Asthma and Exposure to Traf fic and Nitrogen Dioxide

. 2005. Epidemiology. Volume 16, Number 6: 737-743. (Gauderman et al. , 2005)

19. Gauderman, W.J., Avol, E., Gilliland, F., Vora, H., Thomas, D., Berhane, K., McConnell, R., Kuenzli, N., Lurmann, F., Rappaport, E., Margolis, H., Bates, D., and Peters, J. The Effect of Air Pollution on Lung Development from 10 to 18 Years of Age . 2004. New England Journal of Medicine. Volume 35 1, Number 11: 1057-1067. (Gauderman et al. , 2004)

20. Gauderman, W.J., Gilliland, G.F., Vora, H., Avo l, E., Stram, D., McConnell, R., Thomas, D., Lurmann, F., Margolis, H.G., Rappaport, E.B., Berhane, K., and Peters, J.M. Association between Air Pollution and Lung Function Growth in

Southern California Children: Results from a Second Cohort . 2002. American Journal of Respiratory and Critical Care Medicine. Volume 166: 76-84. (Gauderman et al. , 2002)

21. Gauderman, W.J., McConnell, R., Gilliland, F., London, S., Thomas, D., Avol, E., Vora, H., Berhane, K., Rappaport, E.B., Lurmann, F. , Margolis, H.G., and Peters, J. Association Between Air Pollution and Lung Funct ion Growth in Southern

California Children . 2000. American Journal of Respiratory and Critica l Care Medicine. Volume 162: 1383-1390. (Gauderman et al. , 2000)

22. Gent, J. F., Triche, E.W., Holford, T.R., Bela nger, K., Bracken, M.B., Beckett, W.S., Leaderer, B.P. Association of Low-level Ozone and Fine Particles with Respiratory Symptoms in Children with Asthma . 2003. Journal of American Medical Association. Volume 290, Number 14: 1859-18 67. (Gent et al. , 2003)

23. Gilliland, F.D., Berhane, K., Rappaport, E.B., Thomas, D.C., Avol, E., Gauderman, W.J., London, S.J., Margolis, H.G., McCo nnell, R., Islam, K.T., andTechnical Support Document Chapter IV - 29

Peters, J.M. The Effects of Ambient Air Pollution o n School Absenteeism Due to Respiratory Illnesses . 2001. Epidemiology. Volume 12, Number 1: 43-54. (Gilliland et al. , 2001)

24. Intergovernmental Panel on Climate Change. Fo rster, P., V. Ramaswamy, P. Artaxo, T. Berntsen, R. Betts, D.W. Fahey, J. Haywo od, J. Lean, D.C. Lowe, G. Myhre, J. Nganga, R. Prinn, G. Raga, M. Schulz and R. Van Dorland, 2007: Changes in Atmospheric Constituents and in Radiativ e Forcing. In: Climate Change 2007: The Physical Science Basis. Contributi on of Working Group I to the Fourth Assessment Report of the Intergovernment al Panel on Climate Change

. [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marqu is, K.B. Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge Univers ity Press, Cambridge, United Kingdom and New York, NY, USA. (IPCC, 2007)

25. Intergovernmental Panel on Climate Change. IPC C Climate Change 1995: Second Assessment Report: The Science of Climate C hange (1996). Intergovernmental Panel on Climate Change . [J.T. Houghton, L.G. Meira Filho, B.A. Callander, N. Harris, A. Kattenberg, and K. Ma skell, (eds.)]. Cambridge University Press. Cambridge, United Kingdom. (IPCC, 1996)

26. Krewski, D., Burnett, R., Goldberg, M.S., Hoov er, K., Siemiatycki, J., Jerrett, M., Abrahamovicz M., White W.H. Reanalysis of the Harva rd Six Cities Study and the American Cancer Society Study of Particulate Ai r Pollution and Mortality

. 2000. Special Report. Health Effects Institute. (K rewski et al ., 2000)

27. Laden, F., Schwartz, J., Speizer, F.E., Docker y, D.W. Reduction in Fine Particulate Air Pollution and Mortality . 2006. American Journal of Respiratory and Critical Care Medicine. Volume 173: 667-672. (Laden et al ., 2006)

28. Laden, F., Neas, L.M., Dockery, D.W., Schwartz, J. Association of Fine

Particulate Matter from Different Sources with Dail y Mortality in Six U.S. Cities

. 2000. Environmental Health Perspectives. Volume 108 , Number 10: 941-947. (Laden et al

., 2000)

29. McConnell, R., Berhane, K., Gilliland, F., Lon don, S.J., Islam, T., Gauderman, W.J., Avol, E., Margolis, H.G., Peters, J.M. Asthma in Exercising Children Exposed to Ozone: A Cohort Study . 2002. Lancet. Volume 359: 386-391. (McConnell et al

., 2002)

30. McConnell, R., Berhane, K., Gilliland, F., Lond on, S.J., Vora, H., Avol, E., Gauderman, W.J., Margolis, H.G., Lurmann, F., Thoma s, D.C., and Peters, J.M. Air Pollution and Bronchitic Symptoms in Southern C alifornia Children with

Asthma . 1999. Environmental Health Perspectives. Volume 1 07, Number 9: 757- 760. (McConnell et al

., 1999)Technical Support Document Chapter IV - 30

31. Miller, K.A., Siscovick, D.S., Sheppard, L., S hepherd, K., Sullivan, J.H., Anderson, G.L., and Kaufman, J.D. Long-term Exposur e to Air Pollution and

Incidence of Cardiovascular Events in Women . 2007. New England Journal of Medicine. Volume 356, Number 5: 447-458. (Miller et al ., 2007)

32. Moolgavkar, S.H. Air Pollution and Daily Deaths and Hospital Admissions in Los Angeles and Cook Counties. Revised Analyses of Time -Series Studies of Air

Pollution and Health . 2003. Special Report. Health Effects Institute: 1 83-198. (Moolgavkar, 2003)

33. Ostro, B.D., Lipsett, M.J., Mann, J.K., Krupnic k, A., and Harrington, W. Air Pollution and Respiratory Morbidity among Adults in Southern California . 1993. American Journal of Epidemiology. Volume 137, Numbe r 7: 691-700. (Ostro et al

., 1993)

34. Ostro, B.D. and Rothschild, S. Air Pollution an d Acute Respiratory Morbidity: An Observational Study of Multiple Pollutants . 1989. Environmental Research. Volume 50: 238-247. (Ostro and Rothschild, 1989)

35. Peel, J.L., Tolbert, P.E., Klein, M., Metzger, K.B., Flanders, W.D., Todd, K., Mulholland, J.A., Ryan, and P.B., Frumkin, H. Ambie nt Air Pollution and Respiratory Emergency Department Visits . 2005. Epidemiology. Volume 16, Number 2: 164-174. (Peel et al ., 2005)

36. Pope III, C.A., Burnett, R.T., Thurston, G.D., Thun, M.J., Calle, E.E., Krewski, D., and Godleski, J.J. Cardiovascular Mortality and Lon g-Term Exposure to Particulate Air Pollution: Epidemiological Evidence of General Pathophysiological Pathways of Disease . 2004. Circulation. Volume 109: 71-77. (Pope et al ., 2004)

37. Pope III, C.A., Burnett, R.T., Thun, M.J., Call e, E.E., Krewski, D., Ito, K., Thurston, G.D. Lung Cancer, Cardiopulmonary Mortal ity, and Long-term Exposure to Fine Particulate Air Pollution . 2002. Journal of American Medical Association. Volume 287, Number 9: 1132-41. (Pope et al ., 2002)

38. Seinfeld, J.H. and Pandis, S.N. Atmospheric Ch emistry and Physics-From Air Pollution to Climate Change . John Wiley & Sons Inc. New York. 1998. (Seinfeld and Pandis, 1998)

39. Sheppard, L. Ambient Air Pollution and Nonelde rly Asthma Hospital Admissions in Seattle, Washington, 1987-1994. Revised Analyses of Time-Series Studies of

Air Pollution and Health . Special Report. 2003. Health Effects Institute: 227-240. (Sheppard, 2003)

40. Symons, J.M., Wang, L., Guallar, E., Howell, E ., Dominici, F., Schwab, M., Ange, B.A., Samet, J., Ondov, J., Harrison, D., and Geyh, A. A Case-Crossover Study

of Fine Particulate Matter Air Pollution and Onset of Congestive Heart FailureTechnical Support Document Chapter IV - 31

Symptom Exacerbation Leading to Hospitalization . 2006. American Journal of Epidemiology. Volume 164, Number 5: 421-433. (Symon s et al ., 2006)

41. United States Environmental Protection Agency. National Ambient Air Quality Standards for Ozone (40CFR Parts 50 and 58) . Federal Register: January 19, 2010. Volume 75, Number 11. (U.S. EPA, 2010c)

42. United States Environmental Protection Agency. Review of the National Ambient Air Quality Standards for Ozone: Policy Assessment of Scientific and Technical Information OAQPS Staff Paper – Second Draft . July, 2006. (U.S. EPA, 2006)

43. United States Department of Agriculture. Agric ultural Outlook: Statistical Indicators, Table 34 - Cash Receipts from Farm Mark etings, by State

. July, 2010. http://www.ers.usda.gov/Publications/Agoutlook/AOTa bles/

. (USDA, 2010)

44. Whittemore, A.S. and Korn, E.L. Asthma and Ai r Pollution in the Los Angeles

Area . 1980. American Journal of Public Health. Volume 7 0, Number 7: 687-696. (Whittemore and Korn, 1980)

45. Zanobetti, A. and Schwartz, J. Airborne Particl es and Hospital Admissions for Heart and Lung Disease. Revised Analyses of Time-Se ries Studies of Air Pollution and Health. Special Report . 2003. Health Effects Institute: 241-248. (Zanobetti and Schwartz, 2003)Technical Support Document Intentionally Blank Page - 32Technical Support Document Chapter V - 33



## Chapter V. Development of the Proposed VOC Limits

In Chapter III information on statutory requirement s and the State Implementation Plan (SIP) commitment was provided. Chapter IV focused on California’s air quality problems to demonstrate why there is a need to cont rol emissions from consumer products. This chapter describes the development o f the proposed limits and why we believe the limits are commercially and technologic ally feasible, and necessary. The following information is included:

• surveys conducted to estimate emissions in categor ies proposed for regulation;

• emissions from categories proposed for regulation;

• proposed volatile organic compound (VOC) limits an d reductions resulting if the limits are adopted;

• commercial and technological feasibility of the pr oposed VOC limits;

• general reformulation strategies for noncomplying products;

• necessity of achieving the reductions; and

• alternative regulatory proposals considered.



### A. Surveys, Estimated Emissions, and Reductions fro m Categories Proposed to be Regulated

In this section, we provide an overview of the surv eys used to develop these proposed amendments. The survey data are used to estimate V OC and greenhouse gas (GHG) emissions from consumer products and evaluate oppor tunities for reductions. The categories, emissions, and proposed limits are also provided.

1. Consumer and Commercial Products Surveys

The 2006 Consumer and Commercial Products Survey wa s mailed to over 5,000 companies in July 2007. The 2008 Dry Clean Only Sp ot Remover Survey Update (2008 Survey Update) was sent to companies in January 200 9. Over 570 companies responded to the 2006 Survey with information on ov er 12,000 products (ARB, 2007e). Eight companies responded to the 2008 Survey Update with information on about 50 products (ARB, 2009e). The surveys were designe d to obtain the comprehensive information necessary to develop new consumer produ ct emission standards. Data received from these surveys formed the basis for th e emissions used in this rulemaking.

The 2006 Survey and 2008 Survey Update provided sta ff with detailed information on the formulations of consumer products proposed for regulation, including completeTechnical Support Document Chapter V - 34

speciation of VOCs, low vapor pressure VOC (LVP-VOC ) solvents, GHGs, and key exempt ingredients (ARB, 2007e; ARB, 2009e). Total volumes of inorganic and other compounds were also provided. Information on sales , product form, customer types, and company size and economics was also obtained.

Data summaries from the 2006 Survey and 2008 Survey Update were posted to the website and input from industry was used to correct inaccuracies in the data. For this rulemaking, the emissions data from the 2006 Survey and the 2008 Survey Update were grown by population to predict current year em issions (2010). Reported emissions were assumed to account for 90 percent of overall e missions. Data were also grown to ensure complete market coverage. Emission reductio n estimates were grown to the

date the limits become effective. The basis for th ese adjustments is the estimates in the California Environmental Protection Agency’s (Cal/E PA) Statewide Human Population Table found in the Population and Vehicle Trends Re port (ARB, 2008c).

Staff is confident that the 2006 Survey and 2008 Su rvey Update had adequate representation of the available technologies in the market place for the categories proposed for regulation and finds that the data mee t the requirement in Health and Safety Code section 41712(b) to base regulations on “adequate data.” This assumption has been verified through data review by manufactur ers, category research, shelf surveys, and the wide range of VOC content reported for products in the categories proposed for regulation.

2. Staff Evaluation of Emission Reduction Opportun ities

Development of the proposed amendments began with r eview of the survey data. In developing these proposals, staff worked with stake holders on each category proposed for regulation. Numerous product labels and associ ated literature for each category were analyzed. Category information was also obtai ned from shelf surveys, trade journals, Internet sites, textbooks, patents, and d irectly from manufacturers.

In developing the proposed amendments, staff reorga nized survey categories based on

similarities or other criteria. Staff further deve loped the proposed VOC limits for product categories based on technical information provided by stakeholders and staff's research

efforts.

As part of the public process, we presented specifi c proposals and alternatives to the public for consideration. Modifications were made to the original proposal after

consideration and evaluation of comments.

3. VOC Emissions, Proposed Categories, and Limits

Based on the process described above, staff is prop osing VOC limits for 11 categories. Table V-1 displays the statewide VOC emissions from the categories proposed for regulation. As shown in Table V-1, 2010 emissions are estimated to be about 21.7 tons per day. The table also includes the proposed VOC limit and emission reductionTechnical Support Document Chapter V - 35 Table V-1 Proposed VOC Limits, Emissions, and Reductions at E ffective Date

Product Category Product

Form 2010 VOC

Emissions*

(tons per day) Proposed

VOC

Limit

(weight %) VOC

Reduction**

(tons per day)

Flying Bug Insecticide Aerosol 0.65 20 0.06 +

Furniture Maintenance

Product Aerosol 1.32 12 0.36

General Purpose Cleaner Nonaerosol 12.04 0.5 3.73 +

General Purpose Degreaser Nonaerosol 1.91 0.5 1.17

Glass Cleaner Nonaerosol 3.34 3 0.41

Heavy-duty Hand Cleaner or Soap Nonaerosol 0.79 1 0.53

Metal Polish or Cleanser Aerosol 0.22 15 0.07

Metal Polish or Cleanser Nonaerosol 0.20 3 0.15

Oven or Grill Cleaner Aerosol 0.08 8 >0.0

Oven or Grill Cleaner Nonaerosol 0.24 4 -0.12

Special-purpose Lubricant Aerosol 0.26 25 0.10

Special-purpose Lubricant Nonaerosol 0.18 3 0.13

Spot Remover (Dry Clean Only) Aerosol >0.0 15 >0.0

Spot Remover (Dry Clean Only) Nonaerosol 0.17 3 0.17

Wasp or Hornet Insecticide Aerosol 0.31 10 0.14 +

Total Emissions 2010 21.7 tons per day

Total VOC Reductions

Creditable Toward 2007

SIP 6.7 tons per day

Total VOC Reductions

Creditable Toward Future

Commitment 0.2 tons per day

* Survey emissions adjusted for market coverage and grown to 2010 based on population ** Emission reductions grown to effective date b ased on population

+ Products subject to FIFRA registration requirement given an extra year to complete the registration pr ocess

at the date the proposed limits become effective. If adopted, VOC emission reductions from the limits that become effective prior to Janu ary 1, 2014, will be approximately 6.7 tons per day. An additional reduction of about 0.2 tons per day would be realized by the end of 2014. Although important to overall air quality, these reductions from FlyingTechnical Support Document Chapter V - 36

Bug and Wasp or Hornet Insecticide products will no t occur within the timeframe to be

credited toward the current SIP commitment.

4. Greenhouse Gas Emissions

The GHGs reported in the categories proposed for re gulation include CO 2 , hydrofluorocarbon-152a (HFC-152a), and hydrochlorfl uorcarbon-141b (HCFC-141b). Reported emissions, in pounds per year, for CO 2 are 41,145; for HFC-152a are 34,646; and for HCFC-141b are less than one pound per day. In combination, this is less than 0.01 million metric tons per year of CO 2 equivalents (MMT CO 2 e).



### B. Commercial and Technological Feasibility of the Proposed VOC

Limits

In accordance with State law staff must demonstrate that the limits are commercially and technologically feasible. Useful measures for evaluating feasibility are the number of products that currently comply with the proposed limits and/or the market share, based on sales, of those products. As shown in Tab le V-2, the complying market shares (except where confidential) range from about 5 percent to over 95 percent. For each category proposed for regulation, there are pr oducts on the market which currently comply. Where there is low complying market share, lower emission technology exists that can provide a pathway for compliance. Based o n the complying market share and/or the number of complying products in each cat egory, staff believes the proposed VOC limits are commercially and technologically fea sible.

In categories where the complying market share is l ow, staff has determined that the proposed effective dates will allow adequate time t o successfully reformulate and bring products to market. Table V-2 also shows that for many categories separate limits have been proposed based on product form. This approach ensures that the proposed limits do not eliminate a product form, but also maximizes the reductions that are commercially and technologically feasible.



### C. Options for Complying with the Proposed VOC Limi ts

Manufacturers of noncomplying products have the fle xibility to choose from a variety of formulation options to meet the applicable limits. The reformulation options vary with each product category and are discussed in greater detail for each category in Chapter VII. To comply with VOC limits, VOC solven ts or propellants will need to be replaced, or partially replaced, with non-VOC ingre dients. This may require using water, exempt VOC compounds, substituting LVP-VOCs, increasing use of surfactants, increasing product solids, or formulating with a no n-VOC propellant. Manufacturers may also need to change the valve, container, deliv ery system, or other components of the consumer product depending on the individual fo rmulation. ARB staff has proposedTechnical Support Document Chapter V - 37 Table V-2 Summary of Complying Products and Complying Market Shares

Product Category Product

Form Proposed

VOC Limit
(weight %) Number of

Complying

Products/Total

Products Complying

Market Share (%)

Flying Bug Insecticide Aerosol 20 18 / 51 55

Furniture Maintenance Product Aerosol 12 37 / 87 10

General Purpose Cleaner Nonaerosol 0.5 980 / 1518 69

General Purpose Degreaser Nonaerosol 0.5 232 / 462 73

Glass Cleaner Nonaerosol 3 165 / 298 10

Heavy-duty Hand Cleaner or Soap Nonaerosol 1 113 / 255 30

Metal Polish or Cleanser Aerosol 15 20 / 73 35

Metal Polish or Cleanser Nonaerosol 3 96 / 154 78

Oven or Grill Cleaner Aerosol 8 18 / 21 87

Oven or Grill Cleaner Nonaerosol 4 81 / 90 > 95

Special-purpose Lubricant Aerosol 25 64 / 168 47

Special-purpose Lubricant Nonaerosol 3 166 / 224 97

Spot Remover (Dry Clean Only) Aerosol 15 <5 / <5 <5

Spot Remover (Dry Clean Only) Nonaerosol 3 16 / 49 46

Wasp or Hornet Insecticide Aerosol 10 38 / 56 60

Source: 2006 Consumer and Commercial Products Surv ey (2006 Survey) and 2008 Survey Update for Dry Cle an Only Spot Removers (Survey Update) grown to 2010 ba sed on population

VOC limits that can be met without the increased us e of toxic air contaminants, GHGs with higher GWP values, and certain surfactants.

In general, we believe that aerosol products can an d will be reformulated by reducing the amount of hydrocarbon propellant or using non-V OC propellants such as HFC-152a

or CO 2 . Some modification to the valve/spray nozzle may also be needed. The VOC solvents will likely be replaced with LVP-VOC, or V OC exempt solvents.

For nonaerosol products, developing water-based for mulations is the most likely reformulation option for manufacturers of noncomply ing products. We believe that VOCTechnical Support Document Chapter V - 38

solvents will be replaced with VOC exempt compounds ; LVP-VOCs, such as methyl esters, glycol ethers, and hydrocarbons; surfactant s; and/or inorganic compounds.

Several reformulation options warrant further discu ssion.

LVP-VOC Glycol Ethers

Stakeholders, as well as ARB staff, had concerns th at reformulations to comply with the VOC limits for various cleaning products could resu lt in use of certain compounds that may pose adverse health impacts. Staff evaluated v arious reformulation options and identified use of LVP-VOC glycol ethers as one of s everal reformulation options. To fully evaluate whether use of LVP-VOC glycol ethers would pose potential health hazards, ARB staff consulted with the Office of Env ironmental Health Hazard Assessment (OEHHA).

Based on available health effects data OEHHA develo ped draft provisional Reference Exposure Levels (REL) for a number of LVP-VOC glyco l ethers. A REL is a

concentration in air that is considered safe. Howe ver, due to lack of publicly available health effects data, large uncertainty factors were applied to the RELs. Further analysis by OEHHA determined that the RELs should not be use d as a basis for regulatory

action due to an overall lack of information on the toxicity of these compounds. OEHHA will continue to monitor developments in the toxico logical literature and will re-evaluate the provisional RELs in the future, if needed (OEHH A, 2010).

In addition, based on staff’s ongoing analysis of r eformulation approaches we have concluded that use of these compounds is neither ne cessary, nor the preferred reformulation approach. This is because a large sh are of products that already comply with the proposed VOC limits for “General Purpose C leaner” and “General Purpose Degreaser” do not rely on use of LVP-VOC glycol eth ers. We also believe the proposed VOC limit for “Glass Cleaner” products is set at a level such that use of LVP-VOC glycol
ethers is not needed. Nevertheless, we will monito r use of the LVP-VOC glycol ethers through regular surveys of the industry.

Acetone

Staff has identified use of acetone as a potential reformulation option in specific categories. Acetone is a low photochemically react ive compound that has been excluded from the definition of VOC. However, conc erns with its use have been raised because it is an extremely flammable solvent. Alth ough acetone may have limited use in some categories, as shown in Appendix D, ‘typica l’ complying and noncomplying formulas developed for our economic impacts analysi s did not include acetone. This indicates that reformulations not containing aceton e are more likely. In categories where acetone could be used, the aerosol product fo rm is already considered flammable due to the hydrocarbon propellant. Use o f acetone in these products would not appreciably change how a consumer would use the product; consumers are already aware of the flammability hazard inherent in the us e of aerosol products. In nonaerosolTechnical Support Document Chapter V - 39

products, we expect the reformulated products to co ntain water as the primary ingredient with small amounts of VOC solvents. If acetone were to be used in either nonaerosol or aerosol products, because only a rela tively small amount of product is required to perform a specific task, the fire hazar d is low.

Other Reformulation Options

Staff has identified that certain toxic compounds, GHGs, or surfactants could be used in reformulated products. Where necessary, staff is p roposing mitigation measures to ensure that use of the toxic air contaminants methy lene chloride, perchloroethylene, and trichloroethylene does not increase as products are reformulated. A specific mitigation measure is also proposed to ensure that use of GHG with GWP values at or above 150 does not begin. Another proposed mitigat ion measure would preclude use of the alkylphenol ethoxylate surfactants due to aq uatic toxicity impacts. More information on each of these proposals is contained in Chapters VI, VII, and IX.

Options Other than Direct Compliance with the Prop osed VOC Limits

Manufacturers can also comply with the proposed ame ndments through the use of the Innovative Products Provision (IPP), or the Alterna tive Control Plan (ACP). The IPP allows manufacturers of “innovative products” to co mply with the Consumer Products Regulation if they demonstrate through clear and co nvincing evidence that their product will result in less VOC emissions than a complying product that meets the applicable VOC limit. The innovative product may result in les s emissions due to some characteristic of the product formulation, design, delivery system, or other factors.

The ACP allows a manufacturer to average the emissi ons from products above and below the applicable VOC limits, as long as the ove rall emissions are less than or equal

to the emissions that would have occurred had all t he products complied with the VOC limits. The manufacturer must submit an applicatio n which includes the VOC content of the products in the plan, a method of verifying the sales of each product in the plan, and other information necessary to track overall emissi ons.



### D. Necessity of Proposed Amendments

Because significant further VOC emissions reduction s are necessary to attain the national and State ozone standards, the reductions from the amendments proposed in this report are therefore “necessary” within the me aning of section 41712 of the Health and Safety Code. In addition, section 41712(b)(1) of the Health and Safety Code provides that the “necessity” of a regulation is to be evaluated in terms of both the State

and federal standards.

The applicable State and federal laws show that bot h the U.S. Congress and the California Legislature intended progress toward cle an air be made as quickly as possible. The CCAA specifically declares that it i s the intent of the Legislature that the State air quality standards be achieved “...by the earliest practicable date...” (See HealthTechnical Support Document Chapter V - 40

and Safety Code, sections 40910 and 40913(a); see a lso the uncodified section 1(b)(2) of the Act (Stats. 1988, Chapter 1568)). A similar intent is expressed in the federal Clean Air Act, which declares that the federal air quality standards are to be achieved “...as expeditiously as practicable...” (See sectio ns 172(a)(2), 181(a), and 188(c) of the federal Clean Air Act). For all of the reasons des cribed above, the proposed amendments are “necessary” within the meaning of se ction 41712 of the Health and Safety Code.

The amendments proposed in this rulemaking are the third increment toward fulfilling

the 2007 SIP element for VOC reductions from consum er products.



### E. Alternatives Considered

Government Code section 11346.2 requires ARB to con sider and evaluate reasonable alternatives to the proposed regulation and provide reasons for rejecting those alternatives. We identified three alternative appr oaches to the current proposal: “No action,” “set different limits,” and “set reactivit y-based VOC limits.” Our rationale for rejecting these alternatives, in favor of the propo sal chosen, follows.

Alternative One – No Action

A “no action” alternative would be to forego adopti ng the proposed amendments, or delay adoption of the proposed measures. The “no a ction” alternative would result in failing to make progress toward meeting our SIP com mitment (see Chapter III). If the SIP commitments are not met, there is a potential t hat the State could lose federal funds. In addition, the citizens of California wou ld not benefit from the improved air quality that would result from the reduction of emi ssions being proposed. This

alternative would have no cost to business.

Alternative Two – Set Different Limits

Staff thoroughly evaluated each category for which a limit is proposed. Limits were proposed based on low emitting technologies reporte d in the 2006 Survey and 2008 Survey Update. Stakeholders provided additional in formation pertinent to the categories and, in some cases, proposed alternative limits. We evaluated all comments

and determined the most feasible limit and effectiv e dates from all of the alternatives proposed or considered. The final proposal contain s limits that were determined to obtain the maximum feasible reduction, were commerc ially and technologically feasible, preserved product forms, maintained efficacy of hea lth benefit products, and together achieved the necessary emission reductions to parti ally fulfill ARB’s SIP commitments.

Alternative Three – Set Reactivity-based Limits

For each category staff determined the maximum feas ible VOC reduction that could be achieved through proposing mass-based VOC limits. Staff then compared thisTechnical Support Document Chapter V - 41

reduction to the reduction that could be achieved b y proposing reactivity-based VOC limits. Staff found that mass-based limits provide d the better air quality benefit. In some categories a small number of VOC ingredients a re used making VOC substitution unfeasible. VOC substitution is the premise for re activity-based VOC limits. In other categories, use of water and surfactant technology appears to be the most viable reformulation option. Use of this technology is ne gligibly reactive so again, there is little opportunity for substitution. Finally, in other ca tegories the mass-based limits proposed resulted in greater air quality benefits. For all of these reasons we rejected the alternative to set reactivity-based limits.

REFERENCES

1. Air Resources Board. 2008 Consumer & Commercial Products Survey Update for Dry Clean Only Spot Removers . January 14, 2009. (ARB, 2009e)

2. Air Resources Board. Statewide Human Population Chart: Population and Vehicle Trends Report . April 2008. (ARB, 2008c)

3. Air Resources Board. 2006 Consumer & Commercial Products Survey (Including Aerosol Coating Products) . July 24, 2007. (ARB, 2007e)

4. Office of Environmental Health Hazard Assessment . Provisional Reference Exposure Levels (RELS) Compounds of Interest As Pos sible LVP-VOCS

. Memorandum dated September 16, 2010, from Melanie M arty, Ph.D., Chief, Air Toxicology and Epidemiology Branch, Office of Envir onmental Health Hazard Assessment, to Janette Brooks, Chief, Air Quality M easures Branch, Air Resources Board. (OEHHA, 2010)Technical Support Document Intention ally Blank Page - 42Technical Support Document Chapter V I - 43



## Chapter VI. Plain Language Description of the Propo sed

Amendments to the Consumer Products Regulation

In this chapter, we provide a plain language descri ption of the proposed amendments to the California Regulation for Reducing Emissions fr om Consumer Products (Consumer Products Regulation) and explain the rationale and necessity for the proposals. The regulation is codified in title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Article 2, Consumer Products , sections 94507-94515. A description of the proposed changes to test method “Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Com pounds in Aerosol Coating Products” (Method 310) is also included.

The information in this chapter satisfies the requi rements of Government Code section 11343.2, which requires that a noncontrolli ng “plain English” summary of the regulation be made available to the public. Where applicable, key terms or concepts involved in each proposed amendment are described. The proposed amendments to the Consumer Products Regulation and Method 310 can be found in Appendices A and B, respectively.

Amendments are being proposed to the following sect ions in the Consumer Products Regulation: section 94508 “Definitions;” section 9 4509 “Standards for Consumer Products;” section 94510 “Exemptions,” section 9451 2 “Administrative Requirements,”

and section 94515 “Test Methods.”

A more detailed discussion of the existing regulato ry requirements can be found in additional ARB publications which are referenced at the end of this chapter (ARB, 2009c; ARB, 2008a; ARB, 2006a; ARB, 2004b; ARB, 199 9; ARB, 1997b; ARB, 1991; ARB, 1990).

Changes to Method 310 would modify section 2 to inc lude additional applicable test methods to analyze consumer products for compliance . Proposed new subsection 3.3.8 would specify the procedures for analyzing fo r aromatic compound content in “Paint Thinner” and “Multi-purpose Solvent” product s. New subsection 4.2.3 is proposed to specify the procedures for analyzing fo r the VOC content of “Fabric Softener-Single Use Dryer Product.”Technical Support Document Chapter V I - 44

In Chapter III we summarized the legal requirements that must be adhered to in the regulation of consumer products. In the sections b elow, we describe the proposed

amendments and the rationale for them.



### A. Proposed Amendments to Section 94508(a): Defini tions

Section 94508, “Definitions,” provides all the term s used in the Consumer Products Regulation which are not self-explanatory. The pro posed amendments to the regulation

include 3 new and 16 revised definitions. Table VI -1 lists the proposed new or modified definitions. These changes are necessary to improv e clarity, improve enforceability, or to describe the types of products that are included or excluded from the product categories. Because of the proposed definitional c hanges, section 94508(a) would also be reorganized to reflect proper alphabetical order . Chapter VII, contains a detailed description of the products in each category for wh ich a VOC limit is proposed, along with the proposed limits.

Table VI-1 Proposed New and Modified Definitions

Alkylphenol Ethoxylate * Lubricant

Artist’s Thinner/Solvent Metal Polish/Cleanser Automotive Wax/Polish/Sealant/Glaze Multi-purpose S olvent Dry Cleaning Fluid Oven or Grill Cleaner Existing Product Sealant or Caulking Compound General Purpose Cleaner Silicone-based Multi-purpos e Lubricant General Purpose Degreaser Special-purpose Lubricant * Gum or Candle Wax Remover * Spot Remover Lawn and Garden Insecticide Wasp and Hornet Insecti cide Laundry Prewash

* New Definition

Many of the proposed changes to definitions are min or clarifications. However, several of these proposed definitions warrant further discu ssion.

Alkylphenol Ethoxylate

We are proposing to add a definition for Alkylpheno l Ethoxylate. An alkylphenol ethoxylate would be defined as a nonionic surface a ctive agent (surfactant) composed of an alkyl chain of at least eight carbon atoms an d a polyethoxylate chain attached to a benzene ring. Alkylphenol ethoxylate would include , but not be limited to, octylphenol ethoxylate (an alkyl chain consisting of eight carb on atoms), and nonylphenol ethoxylate (an alkyl chain consisting of nine carbon atoms). The definition is needed to implement our proposal to preclude use of these compounds in several categories. This is explained further in section B of this chapter.Technical Support Document Chapter V I - 45

Artist’s Solvent/Thinner

At present, products meeting the definition of Arti st’s Solvent/Thinner are limited to specific products sold in packages of 32 fluid ounc es. We are proposing to modify the definition of Artist’s Solvent/Thinner to specify t hat an Artist’s Solvent/Thinner is a product packaged in a container of 34 ounces or les s. This change is being proposed

because staff has determined that Artist’s Solvents /Thinners are commonly packaged in metric units ( i.e. a liter which is 33.8 ounces), rather than English units ( i.e. a quart which is 32 ounces). Products sold in containers o f this size (and meeting other criteria) are not subject to the VOC limits for Paint Thinner products. The proposed change would have negligible impacts on emissions because over the course of time, the same

amount of thinner would be used.

Automotive Wax, Polish, Sealant or Glaze

The Automotive Wax, Polish, Sealant or Glaze defini tion has been reorganized to clarify the various subcategories that meet the definition.

General Purpose Degreaser and Lubricant

We are proposing to clarify the exemption for Gener al Purpose Degreaser and Lubricant products used at manufacturing facilities . At present these definitions exclude products that are sold exclusively to facilities th at manufacture or construct goods or commodities, and that are labeled “not for retail s ale.” We have determined that the phrase “not for retail sale” is inadequate to descr ibe products used in the manufacturing process and that use of this term could allow for u nintended products to meet this exemption criterion. We have also determined that in the normal chain of commerce, responsible parties for General Purpose Degreaser a nd Lubricant products sell products to distributors, who in turn, sell to manufacturing facilities. With this understanding, we are proposing to amend the exclusion to include dis tributors that sell directly to manufacturing facilities. To ensure that only prod ucts used in the manufacturing process itself meet the exclusion, we are proposing that these products be labeled “For Manufacturing Use Only.” The phrase “not for retai l sale,” for the purposes of this regulation, would be deleted. As proposed, these p rovisions would become effective at

the end of 2012.

Multi-purpose Solvent

Modification to the Multi-purpose Solvent definitio n is proposed to clarify that products that are labeled exclusively to clean a specific co ntaminant on a single substrate are not included in the Multi-purpose Solvent category.

Oven or Grill Cleaner

The Oven Cleaner definition is proposed for modific ation to include grill cleaning products. We are also proposing to clarify that to be considered an Oven or GrillTechnical Support Document Chapter V I - 46

Cleaner, products must be labeled only for removing baked on cooking greases from food preparation and/or food cooking surfaces. The proposed modifications would also clarify the differences among “Oven or Grill Cleane r,” “General Purpose Cleaner” and “General Purpose Degreaser” products.

Special-purpose Lubricant

Based on staff’s evaluation and results of the surv ey data we are also proposing to combine several special or single purpose lubricant products (nonsilicone-based) into a single category of Special-purpose Lubricant. The proposed new category would include cutting oils; tapping oils; anti-seize prod ucts; gear, chain, and wire lubricants; and rust preventative or rust control products that make lubricating claims. Food grade

lubricants with these end functions would also be c onsidered Special-purpose Lubricants. “Special-purpose Lubricant” would not include the other regulated categories “Multi-purpose Lubricant,” “Silicone-bas ed Multi-purpose Lubricant,” “Penetrant,” products designed and labeled exclusiv ely to release manufactured products from molds, and products designed or label ed to provide lubricity solely by depositing a thin film of graphite, molybdenum disu lfide (“moly”) or polytetrafluoroethylene or closely related fluoropo lymer (“teflon”) on surfaces.

Spot Remover

At present, spotting agents used at commercial laun dry and dry cleaning operations are excluded from the definition of Spot Remover. Comm ents were received that these products were formulated with toxic compounds and t hat the need for continuing to exclude these products should be evaluated. In res ponse, staff surveyed these products and determined that these spotting agents should be regulated along with the currently regulated Spot Remover products. Therefo re, we are proposing to modify the definition of “Spot Remover” to include Spot Remove rs used at commercial dry cleaning and laundry operations.

To implement this proposal minor clarifications to the definitions for “Laundry Prewash” and “Dry Cleaning Fluid” are also proposed. As pro posed, the definition of “Laundry Prewash” would be clarified to mean the product is used in a wet cleaning process. The modification to the “Dry Cleaning Fluid” definition would clarify that a dry cleaning fluid is a product used in only dry cleaning machines or by businesses that clean fabrics such as draperies at the customer’s residence.



### B. Proposed Amendments to Section 94509: Standards for

Consumer Products

We are proposing to amend the Table of Standards co ntained in section 94509(a) as well as several other requirements in section 94509 . These proposals are described

below.Technical Support Document Chapter V I - 47

1. Proposed Amendments to Section 94509(a) - Table of Standards

The proposed regulatory action would amend the exis ting Consumer Products Regulation by specifying new or lower VOC limits fo r the product categories shown in Table VI-2. Together, VOC limits are proposed for 11 categories with 15 VOC limits. Special Purpose Lubricants are not currently regula ted, while all of the other categories are currently subject to VOC limits. However, in t he case of “Spot Remover” and “Oven or Grill Cleaner,” additional products are proposed for inclusion. For all but one of the currently regulated categories we are proposing low er VOC limits. We are proposing to slightly increase the current limit for nonaerosol “Oven or Grill Cleaner.” This proposal is explained further below.

Table VI-2 also displays the proposed effective dat e for each proposed limit. As specified by the regulation, the effective date for products requiring Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registration would be one year after the effective date shown here to allow for the registra tion process. Where appropriate, we are proposing separate limits for aerosol products to ensure feasibility. All of these proposed limits would be reflected in the Table of Standards in section 94509(a).

Although not shown in Table VI-2, we are also propo sing to delete the phrase “Non-FDA regulated” from the category “Astringent/Toner.” T his phrase is not necessary because the category definition clearly specifies the types of products that are regulated as “Astringent/Toner” products. Other minor amendment s to the Table of Standards are proposed to provide consistency or delete redundant language.

The emission reductions from categories with limits becoming effective by January 1, 2014, would be creditable toward the cur rent State Implementation Plan (SIP) commitment, and would result in VOC emission reductions of about 6.7 tons per day. Products in the categories that require FIFRA registration are provided an additional year beyond the effective date shown in Table VI-2. Because of this, the reductions from Flying Bug Insecticide and Wasp or Hornet Insecticide would be

credited toward a future SIP commitment. Reduction s from these two categories total about 0.2 tons per day.

Several of the proposed VOC limits for the categori es listed in Table VI-2 warrant additional explanation.

Proposal for “Oven or Grill Cleaner”

We are proposing to incorporate grill cleaning prod ucts into the Oven Cleaner Category. To allow the previously unregulated grill cleaner p roducts the necessary time to reformulate, proposed subsection 94509(q) would spe cify that the VOC limits do not apply to these products until December 31, 2012.Technical Support Document Chapter V I - 48 Table VI-2 Proposed VOC Limits by Product Form and Effective D ates

Product Category Product Form Proposed VOC

Limit

(weight percent) Effective Date

Flying Bug Insecticide Aerosol 20 12/31/2013*

Furniture Maintenance Product Aerosol 12 12/31/2013

General Purpose Cleaner Nonaerosol 0.5 12/31/2012*

General Purpose Degreaser Nonaerosol 0.5 12/31/2012

Glass Cleaner Nonaerosol 3 12/31/2012

Heavy-duty Hand Cleaner or Soap Nonaerosol 1 12/31/2013

Metal Polish or Cleanser Aerosol 15 12/31/2012

Metal Polish or Cleanser Nonaerosol 3 12/31/2012

Oven or Grill Cleaner Aerosol 8 12/31/2012**

Oven or Grill Cleaner Nonaerosol 4 [Effective Date]**

Special-purpose Lubricant Aerosol 25 12/31/2012

Special-purpose Lubricant Nonaerosol 3 12/31/2012

Spot Remover (Dry Clean Only) Aerosol 15 12/31/2012

Spot Remover (Dry Clean Only) Nonaerosol 3 12/31/2012

Wasp or Hornet Insecticide Aerosol 10 12/31/2013*

* Products subject to FIFRA registration given an e xtra year to complete the registration process. ** Only products being proposed for addition to the category have until 12/31/2012 to comply (see new proposed subsection 94509(q)).

Nonaerosol Oven Cleaner products are currently subj ect to a VOC limit of 1 percent by weight. When this limit was adopted r eported products relied on low or non-VOC caustic technologies. We have since learne d of technologies that provide alternatives to caustic products. To accommodate t he use of these technologies we are proposing to increase the current VOC limit to 4 pe rcent by weight for nonaerosol Oven or Grill Cleaner products. To expedite allowing us e of alternatives, as proposed, the

limit revision would become effective when the amen dments become legally effective. This proposal results in a small shortfall of about 0.1 tons per day. However, other reductions from this proposal would offset this cha nge. We believe allowing for these less harsh alternatives outweighs the small VOC inc rease that would result.

Proposal for “Spot Remover”

We are proposing to incorporate spotters used for d ry clean only fabrics into the currently regulated “Spot Remover” category. These are primarily those products used at dry cleaning operations. To accommodate the nec essary time for these products to reformulate, we are also proposing to delay the eff ective date of the VOC limit for “SpotTechnical Support Document Chapter V I - 49

Remover” products from December 31, 2010, to Decemb er 31, 2012. This modification is proposed to allow adequate time for reformulatio n of the new products being included in the category. The proposal to extend the effect ive date is intended to simplify enforcement activities related to this category; it would be difficult to discern the difference between the newly added products and tho se currently regulated. The proposal would result in delaying about a 0.25 tons per day VOC reduction for two years. Even with this proposed delay, the reductio ns would occur within the timeframe necessary to be creditable to the 2007 SIP. The ne wly added products would also be subject to the existing prohibition on the use of m ethylene chloride, perchloroethylene, and trichloroethylene for Spot Remover products eff ective December 31, 2012.

2. Proposed Modifications to Subsections 94509 (i)( 3), (m), (n), (o), (p), (q), (r), (t), and (u)

Requirements Limiting the Use of Specific Toxic Com pounds in Specific Consumer Products Categories

Currently, subsections 94509 (i)(3), (m), (n), (p), (q), and (u) specify provisions prohibiting use of the chlorinated toxic air contam inants methylene chloride, perchloroethylene, and trichloroethylene in specifi ed categories. Subsection 94509(r) specifies prohibitions on the use of methylene chlo ride and perchloroethylene in Pressurized Gas Duster products. A prohibition on the use of para-dichlorobenzene in Solid Air Fresheners and Toilet/Urinal Care product s is specified in subsection 94509(o). Each of these subsections also has provi sions that specify sell-through dates and exemptions for impurities (except no exemption for impurities is provided for paradichlorobenzene). The provisions are all similar e xcept for effective and sell-through dates. We are proposing to consolidate these provi sions into tables in proposed modified subsection 94509(m). The modifications ar e proposed to simplify the regulation by making it easier to find the prohibit ions on toxic compounds.

As proposed, subsection 94509(m)(1) would contain a new table, Table 94509(m)(1), that would list categories, effective dates, and se ll-through dates for all categories where use of methylene chloride, perchloroethylene, and trichloroethylene is prohibited. A reference within the table is proposed to clarify that there are additional requirements for products defined as Brake Cleaner, Carburetor o r Fuel Injection Air Intake Cleaner, Engine Degreaser, and General Purpose Degreaser - i ntended for use in automotive products. These products are also subject to the A irborne Toxic Control Measure for

Emissions of Chlorinated Toxic Air Contaminants fro m Automotive Maintenance and Repair Activities, section 93111, title 17, Califor nia Code of Regulations.

New Table 94509(m)(1) also contains proposed prohib itions on use of methylene chloride, perchloroethylene, and trichloroethylene in “Metal Polish or Cleanser,” “Silicone-based Multi-purpose Lubricant,” and “Spec ial-purpose Lubricant.” These prohibitions are proposed to ensure that use of the se toxic air contaminants does not occur as products are reformulated to meet the prop osed VOC limits. These prohibitions are proposed as a mitigation measure u nder the California EnvironmentalTechnical Support Document Chapter V I - 50

Quality Act (CEQA). The rationale for the prohibit ion is further explained in Chapter IX, Environmental Impacts, section E. The new table wo uld also reflect that the effective date for “Spot Remover” products would be extended to December 31, 2012, to harmonize with the proposed modification of the eff ective date of the VOC limit. Although additional products are being added into t he “Oven or Grill Cleaner” category, we are not proposing to extend the date the prohibi tion on use of methylene chloride, perchloroethylene, and trichloroethylene becomes ef fective. This is feasible because the products being added into the category do not c urrently use these compounds.

Proposed subsection 94509(m)(2) would contain a new table, Table 94509(m)(2), that would list the categories effective dates, and sell -through dates for all categories where use of para-dichlorobenzene is prohibited.

Requirements Limiting the Use of Alkylphenol Ethoxy late Surfactants in Specific Consumer Product Categories

Staff is also proposing to prohibit the use of alky lphenol ethoxylate surfactants in several categories as a CEQA mitigation measure. A lkylphenol ethoxylates are nonionic surface active agents (surfactants) used a s wetting agents, emulsifiers, and dispersants in cleaning and degreasing products. O ne reformulation pathway to meet proposed VOC limits would be to replace VOC solvent s with surfactants. Alkylphenol ethoxylates meet the definition of LVP-VOC so their use is not currently restricted by the VOC limits in the Consumer Products Regulation. In the cleaning/degreasing categories, because of how the products are used, s ome product is washed ‘down the drain.’ Once into wastewater, alkylphenol ethoxyla tes do not readily degrade and they and/or their degradation products enter aquatic env ironments through wastewater

treatment facilities or storm water.

Ample scientific evidence implicates the alkylpheno l ethoxylates as toxic to aquatic species. Among other things, they are suspected ho rmone disruptors, with the primary concern focused on the estrogenic effects of their degradation products (David et. al

, 2009). Nonylphenol and octylphenol ethoxylates hav e been shown to mimic the hormone estrogen. In light of this, ARB staff cons ulted with staff of the State Water Resources Control Board (SWRCB) to determine if use or increased use of alkylphenol ethoxylates would pose an adverse impact on Califor nia’s receiving waters.

Information provided to the SWRCB staff indicates t hat alkylphenol ethoxylates are

found in measurable concentrations in the State’s r eceiving waters. Moreover, SWRCB staff is concerned that any potential increased use of alkylphenol ethoxylates could adversely impact aquatic species (SWRCB, 2010a; SWR CB, 2010b; SCCWRP, 2010; and SFEI, 2010). As proposed, after December 31, 2 012, use of alkylphenol ethoxylate surfactants would be prohibited from use in Oven or Grill Cleaner products and in the nonaerosol forms of General Purpose Cleaner, Genera l Purpose Degreaser, and Glass Cleaner. A proposed prohibition on use in nonaeros ol Heavy-duty Hand Cleaner or Soap products would become effective December 31, 2 013. These prohibitions are proposed to ensure that use of these compounds does not occur as products areTechnical Support Document Chapter V I - 51

reformulated to meet the proposed VOC limits. This proposal would be contained in modified subsection 94509(m)(3).

Staff also finds that replacements for alkylphenol ethoxylates are readily available. Alcohol ethoxylate, linear alkylbenzene sulphonate, and alkyl polyglucoside

surfactants are considered to be effective and envi ronmentally safer. Additional information on this proposal is contained in Chapte r IX, Environmental Impacts,

section E.

Additional Modifications to subsection 94509(m)

Proposed new subparts 94509(m)(4) and (m)(5) would specify the provisions related to sell-through of products manufactured before the ef fective dates of the prohibitions. Proposed new subpart 94509(m)(6) would specify the exemption for impurities for the categories listed in Table (m)(1).

Requirements for Specific Consumer Products Limitin g the Use of Any Chemical Compound that has a Global Warming Potential (GWP) Value of 150 or Greater

At present, subsections 94509(r), (t), and (q), amo ng other things, contain prohibitions on the use of compounds that have GWP values of 150 or greater. We are proposing to consolidate these provisions into modified subsecti on 94509(n). New Table 94509(n)(1) would list the categories, effective date, and sell -through date for each category where GWP limits have been adopted. Newly proposed Table 94509(n)(1) would also include additional categories for which we are proposing GW P limits in this rulemaking. We are proposing to prohibit the use of global warming com pounds that have GWP values of 150 or greater in “Flying Bug Insecticide,” “Furnit ure Maintenance Product,” “Metal Polish or Cleanser,” “Special-purpose Lubricant,” “ Spot Remover,” and “Wasp or Hornet Insecticide” products. These prohibitions are prop osed to ensure that use of compounds with higher GWP values does not begin as products are reformulated to meet proposed VOC limits. The measure is proposed as a CEQA mitigation measure and the rationale for the prohibition is further ex plained in Chapter IX, Environmental Impacts, section E.

New subparts (n)(2) and (3) would specify the provi sion related to sell-through. New subpart (n)(4) would specify the exemption for impu rities. The modifications are proposed to simplify the regulation by making it ea sier to find the prohibitions on use of compounds with GWP values of 150 or greater.

Additional Modifications to Section 94509

Because of the consolidation of various provisions into new subsections 94509(m) and (n), as described above, we are proposing to delete existing subparts (i)(3), (m), (n), (o), (p), (q), (r), and (t). Subsection (s) would be re -lettered to subsection (o). Subsection (u) would be re-lettered to subsection (p) and be m odified to pertain only to provisions related to limiting the aromatic compound content o f Paint Thinner and Multi-purposeTechnical Support Document Chapter V I - 52

Solvent products. The references within the Table of Standards in section 94509(a) to the various toxic compound prohibitions and the GWP limits would also be modified to reference new subsections (m) and (n), as well as t he re-lettered subsections (o) and (p).

Proposed new subsection 94509(q) would specify the compliance date for new products added to the “Oven or Grill Cleaner” category. As proposed, the effective date for the newly added products would be December 31, 2012. T his should allow adequate time for the noncomplying products to reformulate.



### C. Proposed Amendments to Sections 94510: Exemptio ns and

Section 94515: Test Methods

Minor amendments are proposed to sections 94510 and 94515. The amendments to subsection (c) would delete unnecessary language. Amendment to subsection (g) is proposed to reference new subsection (m)(2) relatin g to prohibitions on use of para-dichlorobenzene.

Minor modifications are proposed to subsections 945 15 (c) and (d) to reflect the reorganization of subsection 94509 (m) and (n). Se ctions (c) and (d) specify procedures related to determining the aromatic comp ound content of Paint Thinner and Multi-purpose Solvent products.



### D. Proposed Amendments to Section 94512: Administr ative Requirements

We are proposing to amend the Most Restrictive Limi t provision contained in subsection 94512(a). Subpart (3) would be modified to clarify the regulation’s applicability when two defined categories exclude e ach other within their respective definitions. As proposed, when a definition for a specific category excludes another specific category and vice versa , the product is subject to the VOC limit for which ever category is lower.



### E. Proposed Amendments to Method 310

ARB Test Method 310 sets forth the analytical proce dures and processes to determine the VOC content of consumer products. We are propo sing to amend this method to incorporate additional testing procedures and stand ard test methods to analyze consumer products for compliance. These modificati ons are proposed to specify the procedures to be used to analyze for the aromatic c ompound content in “Paint Thinner” and “Multi-purpose Solvent” products and the VOC co ntent of “Fabric Softener-Single Use Dryer Product.”

Proposed amendments to section 2 of Method 310 woul d include additional applicable test methods to analyze consumer products for compl iance. The added methods wouldTechnical Support Document Chapter V I - 53

pertain to analysis of aromatic compound content. The following methods are proposed

for addition:

• ASTM D 3257-06: Standard Test Methods for Aromati cs in Mineral Spirits by Gas Chromatography (April 1, 2006)

• ASTM D 3606-07: Standard Test Method for Determi nation of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromatography (Nov. 1, 2007)

• ASTM D 3710-95 (Reapproved 2004): Standard Test Method for Boiling Range Distribution of Gasoline and Gasoline Fractions by Gas Chromatography (Nov. 1, 2004)

• ASTM D 5443-04: Standard Test Method for Paraffi n, Naphthene, and Aromatic Hydrocarbon Type Analysis in Petroleum Distillates Through 200° C by MultiDimensional Gas Chromatography (Nov. 1, 2004)

• ASTM D 5580-02 (Reapproved in 2007): Standard Te st Method for Determination of Benzene, Toluene, Ethylbenzene, p/ m-Xylene, o-Xylene, C 9 and Heavier Aromatics, and Total Aromatics in Finis hed Gasoline by Gas Chromatography (Nov. 1, 2007)

• ASTM E 1782-08: Standard Test Method for Determin ing Vapor Pressure by Thermal Analysis (March 1, 2008)

• U.S. EPA Method 602: Purgable Aromatics, 40CFR Par t 136 Appendix A, Method for Organic Chemical Analysis of Municipal and Industrial Wastewater (January 2008)

• U.S. EPA Method 625: Base/Neutrals and Acids, 40CF R Part 136 Appendix A, Method for Organic Chemical Analysis of Municipal and Industrial Wastewater (January 2008)

• U.S. EPA SW-846 Method 8015B: Nonhalogenated Organ ics Using GC/FID (Rev 2, December 1996)

• U.S. EPA SW-846 Method 8020A: Aromatic Volatile O rganics by Gas Chromatography (Rev 1, September 1994)

• U.S. EPA SW-846 Method 8270D: Semivolatile Organi c Compounds by Gas Chromatography / Mass Spectroscopy (GC/MS) (Rev. 4, January 1998)

New subsections are also being proposed. Proposed new subsection 3.3.8 would specify the procedures for analyzing for aromatic c ompound content in “Paint Thinner” and “Multi-purpose Solvent” products. New subsecti on 4.2.3 would specify theTechnical Support Document Chapter V I - 54

procedures for analyzing for the VOC content of “Fa bric Softener-Single Use Dryer

Product.”

REFERENCES

1. Air Resources Board. Initial Statement of Reas ons, Proposed Amendments to the California Consumer Products Regulations . August 7, 2009. (ARB, 2009c)

2. Air Resources Board. Initial Statement of Reason s for Proposed Rulemaking Proposed Amendments to the California Consumer Prod ucts Regulation

. May 9, 2008. (ARB, 2008a)

3. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation and the Aerosol Coatings Regulation . September 29, 2006. (ARB, 2006a)

4. Air Resources Board. Initial Statement of Reason s for the Proposed Amendments to the California Aerosol Coating Produc ts, Antiperspirants and Deodorants, and Consumer Products Regulations, Test Method 310, and Airborne Toxic Control Measure for para-Dichloroben zene Solid Air Fresheners

and Toilet/Urinal Care Products . May 7, 2004. (ARB, 2004b)

5. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation: Midter m Measures II

. September 10, 1999. (ARB, 1999)

6. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation: Midter m Measures I

. June 6, 1997. (ARB, 1997b)

7. Air Resources Board. Proposed Amendments to the Statewide Regulation to Reduce Volatile Organic Compound Emissions from Con sumer Products – Phase II – Staff Report . October, 1991. (ARB, 1991)

8. Air Resources Board. Proposed Regulation to Redu ce Volatile Organic Compound Emissions from Consumer Products – Staff R eport

. August, 1990. (ARB, 1990)

9. David, A., Fenet, H., Gomez, E. Alkylphenols in Marine Environments: Distribution Monitoring Strategies and Detection Co nsiderations . 2009. Marine Pollution Bulletin. Volume 58: 953-960. (David et al. , 2009)

10. San Francisco Estuary Institute. Occurrenc e of Alkylphenol Ethoxylate Surfactants in San Francisco Bay and Potential Impa cts on Water Quality

. Memorandum dated July 13, 2010, from Rainer Hoenick e, Ph.D., ExecutiveTechnical Support Document Chapter V I - 55

Director, San Francisco Estuary Institute, to Darri n Polhemus, Deputy Director, Division of Water Quality, State Water Resources Co ntrol Board. (SFEI, 2010)

11. Southern California Coastal Water Research Project. Effects on Water Quality of Alkylphenol Ethoxylate Surfactants (APEOs) . Memorandum dated July 15, 2010, from Keith Maruya, Principle Scientist, Southern Ca lifornia Coastal Water Research Project, to Darrin Polhemus, Deputy Direct or, Division of Water Quality, State Water Resources Control Board. (SCCW RP, 2010)

12. State Water Resources Control Board. Water Quality Effects of Alkylphenol Ethoxylate Surfactants . Memorandum dated September 20, 2010, from Darrin Polhemus, Deputy Director, Division of Water Quali ty, State Water Resources Control Board, to Richard Corey, Chief, Stationary Source Division, Air Resources Board. (SWRCB, 2010a)

13. State Water Resources Control Board. Effec ts on Water Quality of Alkylphenol Ethoxylate Surfactants. Memorandum dated July 19, 2010, from Valerie Conno r, Ph.D., Deputy Director, Office of Information Manag ement and Analysis, State Water Resources Control Board, to Darrin Polhemus, Deputy Director, Division of Water Quality, State Water Resources Control Board. (SWRCB, 2010b)Technical Support Document Intention ally Blank Page - 56Technical Support Document Chapter V II - 57



## Chapter VII. Description of Product Categories

In this chapter, we describe each product category and provide the technical basis for the proposed requirements. We are proposing volati le organic compound (VOC) limits for 11 categories. In several categories, prohibit ions on use of specific toxic air contaminants (TAC), green house gas (GHG) compounds with higher global warming potential (GWP) values, and alkylphenol ethoxylate surfactants are proposed. These three prohibitions are proposed in accordance with the California Environmental Quality Act (CEQA). If applicable, proposed modifications to definitions are provided along with the rationale for the changes.

In each section below, two tables of data are provi ded. Unless otherwise indicated, the

data in the tables are based on the 2006 Consumer a nd Commercial Products Survey (2006 Survey). The data have been grown to the cur rent calendar year, 2010, based on population increases. In addition, in each categor y it is assumed that the 2006 Survey contains information for about 90 percent of the pr oducts sold into California. Therefore, the data in the tables are adjusted for market coverage. The VOC emission reductions predicted are also grown to the calendar year the proposed limits would become effective, based on projected population inc reases. In one category, “Spot Remover” (Dry Clean Only), the data are based on th e 2008 Survey Update for Dry Clean Only Spot Removers (2008 Survey Update). The surveys are described in greater detail in Chapter V.



### A. Flying Bug Insecticide (aerosol)

Flying Bug Insecticide products are designed to be used primarily by consumers in the control of flying household insects or pests such a s flies, mosquitoes, gnats, and moths. Flying Bug Insecticide products do not include “Was p or Hornet Insecticide,” products designed to be used on humans or animals, or any mo th-proofing product.

All insecticides sold within California must be reg istered with the California Department of Pesticide Regulation (DPR) and with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). These regi strations are designed to thoroughly evaluate the insecticide product to ensu re it meets both federal and State requirements to protect public health and the envir onment. As part of the registration process, the efficacy data are reviewed to validate the spectrum of activity. For products registered under FIFRA, as specified in se ction 94509(d), the Consumer Products Regulation allows an additional year for c ompliance with the VOC limit to allow the necessary time to complete the registrations.Technical Support Document Chapter V II - 58

Flying Bug Insecticide products were first regulate d as part of the Phase-II amendments approved by the Board in January 1992. At that tim e, the Board approved a 35 percent by weight VOC limit for all forms, effective Januar y 1, 1995. In 1999, the VOC limit for aerosol Flying Bug Insecticide products was lowered to 25 percent by weight, effective December 31, 2003. Additional information on produ ct use and marketing can be found

in the 1991 Phase-II and the 1999 Midterm Measures II “staff reports” (ARB, 1991; ARB 1999).

The 2006 Survey data provide the basis for our dete rmination that it is both technologically and commercially feasible to furthe r reduce the VOC content of Flying Bug Insecticide products. Based on these data, sta ff is proposing to lower the VOC limit for aerosol products to 20 percent by weight.

Table VII-1 below summarizes the sales and emission s from aerosol Flying Bug Insecticide products based on the results of the 20 06 Survey (ARB, 2007e). The data for the 51 reported products have been grown, by po pulation, to 2010. Total category sales from these products are about 5,858 pounds pe r day.

Table VII-1 Flying Bug Insecticide

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Aerosol 51 5,858 1,306

Also shown in Table VII-1, estimated 2010 market-ad justed VOC emissions for aerosol Flying Bug Insecticide products are 1,306 pounds pe r day, or about 0.7 tons per day in California. Although not shown, the sales-weighted average VOC content is about 22 percent by weight.

Product Use and Marketing :

Flying Bug Insecticide products are used primarily by household consumers and janitors. These products may be used either indoor s or outdoors and in multiple settings including households, businesses, and inst itutions. Flying Bug Insecticide products also include some foggers designed to rele ase contents, as a fog or mist, in outdoor areas to control flying insects.

Flying Bug Insecticide products are typically sold in supermarkets; general mass market stores; discount stores; home improvement stores; a nd nurseries.

Product Formulation :

Flying Bug Insecticide products contain both "activ e" and "inert" ingredients. The terms "active ingredient" and "inert ingredient" have bee n defined by the U.S. EPA. An activeTechnical Support Document Chapter V II - 59

ingredient prevents, destroys, repels or mitigates a pest, or is a plant regulator, defoliant, desiccant or nitrogen stabilizer. By la w, the name and percent by weight of the active ingredient must be identified and displa yed on the product label.

An inert ingredient is defined by U.S. EPA as any s ubstance (or group of structurally similar substances if designated by U.S. EPA), othe r than an active ingredient, which is intentionally included in a pesticide product. Ine rt ingredients may play a key role in the effectiveness of a pesticide product. For example, inert ingredients may serve as a solvent, or may extend the pesticide product's shel f-life. Pesticide products can contain many inert ingredients, but federal law does not re quire that these ingredients be identified by name or percentage on the label. Onl y the total percentage of inert ingredients is required to be on the pesticide prod uct label (U.S. EPA, 2003b; U.S. EPA, 2010a).

In this rulemaking, our proposal does not directly affect the active ingredients to be used. The proposal affects the inert ingredients t hat are VOCs and compounds with higher GWP values.

The VOC content of aerosol Flying Bug Insecticide p roducts ranges from 0 to 25 percent by weight. Flying Bug Insecticide products typically contain about 1 percent pyrethrins and/or pyrethroids as the acti ve ingredient (ARB, 2007e). Pyrethrins are derived from Chrysanthemum flowers a nd pyrethroids are synthetic derivatives of pyrethrins. Some commonly used pyre throids in Flying Bug Insecticide products include permethrin, tetramethrin, allethri n, and resmethrin. These active ingredients perform the key function of the insecti cide which is to either kill or inhibit the targeted pest. Most active ingredients qualify as low vapor pressure (LVP) VOCs, therefore the proposed VOC limit would not apply to these compounds.

Based on data received from the 2006 Survey, most p roducts in this category are waterbased and use a hydrocarbon propellant to evacuate the contents. Hydrocarbon propellants are the primary source of VOCs in these products and the propellants comprise up to about 25 percent by weight of the pr oduct. A small amount of LVP-VOC surfactant is often added to emulsify the active in gredients with water. Together, these are the inert ingredients.

Proposed VOC Limit and Compliance :

The proposed VOC limit for aerosol Flying Bug Insec ticide products is 20 percent by weight, effective December 31, 2013. As shown in T able VII-2, using adjusted emissions, the proposed 20 percent limit will resul t in an estimated VOC emission reduction of 115 pounds per day, or about 0.06 tons per day, in 2014. The emission reduction is estimated for 2014 because to complete the registration process required by FIFRA and the DPR the Consumer Products Regulati on allows an extra year to complete this process. This reduction, although im portant to overall air quality, will not

occur within the timeframe to be credited toward th e current SIP commitment.Technical Support Document Chapter V II - 60 Table VII-2 Flying Bug Insecticide Proposal

Product Form Proposed

VOC Limit (weight percent) Number of

Complying

Products Complying

Market Share (percent) 2014 Emissions

Reductions (pounds per day)

Aerosol 20 18 55 115

As shown in Table VII-2, 18 products, representing approximately 55 percent of the market, currently comply with the proposed VOC limi t of 20 percent by weight. Thus, staff has determined that reformulation to the prop osed limit is both technologically and commercially feasible.

In determining the most feasible limit staff review ed data indicating that aerosol Flying Bug Insecticides require about 20 percent VOC prope llant. This amount is necessary to achieve the appropriate particle size to remain sus pended in the air for an adequate amount of time to directly contact the flying insec t. Effective particle size is approximately 30-50 micrometers in diameter (AgrEvo , 2010). The data also indicated that as the level of propellant decreases, particle size increases (MGK, 2010). When the amount of propellant was reduced to less than 2 0 percent particles greater than 60 micrometers in diameter were dispersed. These a re too large to maintain product efficacy. Further, these data demonstrate the cont inued validity of a statement staff made in the “Midterm Measures II” staff report: “P article size is a key difference between crawling and flying bug killers, and is gen erally related to the amount of propellant in the formulation” (ARB, 1999). Flying Bug Insecticide product manufacturers also identified 20 percent VOC as the lowest possible limit that would maintain product efficacy (CSPA, 2010a).

Reformulation options that can be used by manufactu rers to meet the proposed limit include reducing the level of hydrocarbon propellan t and increasing the amount of water, and/or LVP-VOC distillate. We expect that m anufacturers will meet the proposed limit by using formulation technologies similar to those already used in complying products.

Proposed Global Warming Potential (GWP) Limit :

No compounds with GWP values at or above 150 were r eported in the 2006 Survey for this category. However, to ensure that use of comp ounds with higher GWP values does not begin as products reformulate to comply with th e proposed 20 percent by weight VOC limit, we are proposing a GWP limit of 150 for any chemical compound used in Flying Bug Insecticide products, effective December 31, 2013. While this proposal would allow use of the non-VOC propellant, HFC-152a , we believe other reformulation options are more likely. The proposed limit would not apply to any chemicals present as contaminants, which in aggregate are 0.1 percent by weight or less. This limit is proposed as a mitigation measure under CEQA (see Ch apter IX, Environmental Impacts, section E). The proposed GWP limit is con tained in section 94509(n).Technical Support Document Chapter V II - 61



### B. Furniture Maintenance Product (aerosol)

“Furniture Maintenance Product” is defined as a pro duct designed or labeled to wax, polish, protect, or enhance a previously finished w ood surface by leaving a protective finish that is designed to be periodically replenis hed. Products designed for use on wood floors are not included. These products may a lso be used on other furniture surfaces, such as acrylics, ceramic, plastics, ston e, metal, and fiberglass. This category does not include “Dusting Aid,” “Wood Cleaner,” and products designed solely for the purpose of cleaning. Products designed to leave a permanent finish such as stains, sanding sealers, and lacquers are also excluded. P roducts that are designed with the sole purpose of removing dust without leaving a pro tective finish are regulated as “Dusting Aid.” While the “Furniture Maintenance Pr oduct” category includes products that claim to clean and polish wood surfaces, produ cts that are designed solely to clean a wood surface are regulated as “Wood Cleaners.”

Aerosol Furniture Maintenance Products are currentl y subject to a 17 percent by weight VOC limit, which has been in effect since December 31, 2004.

The 2006 Survey data provides the basis for our det ermination that it is both technologically and commercially feasible to furthe r reduce the VOC content of these products. Based on these data, staff is proposing to lower the VOC limit for aerosol Furniture Maintenance Products to 12 percent by wei ght.

Table VII-3 below summarizes the sales and emission s from aerosol Furniture

Maintenance Products based on the results of the 20 06 Survey (ARB, 2007e). The data for the 87 reported products have been grown, by population, to 2010. Total category sales from these products are about 16,792 pounds per day.

Table VII-3

Furniture Maintenance Product

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Aerosol 87 16,792 2,640

Also shown in Table VII-3, estimated 2010 market-ad justed VOC emissions for aerosol Furniture Maintenance Products are 2,640 pounds per day, or about 1.3 tons per day in California. Although not shown, the sales-weighted average VOC content is about 15.7 percent by weight.

Product Use and Marketing :

Aerosol Furniture Maintenance Products are used by household, institutional, and industrial users. Many of these products are desig ned for use on a variety of wood surfaces. In addition, there are a number of aeros ol Furniture Maintenance ProductsTechnical Support Document Chapter V II - 62

that are designed for use on other furniture surfac es such as ceramic, plastic, stone, metal, and fiberglass. Aerosol Furniture Maintenan ce Products are designed to be sprayed either directly on a furniture surface and wiped with a clean cloth, or sprayed directly onto a clean cloth which is then used to w ipe a surface. Aerosol Furniture

Maintenance Products that contain silicone oils are often labeled with the claim “increases shine without leaving a waxy residue.”

Aerosol Furniture Maintenance Products are primaril y sold to the household consumer through retail outlets such as supermarkets, grocer y stores, and warehouse stores.

Products sold to institutional and industrial users are supplied though a variety of locations, including direct sales, catalog sales, j anitorial stores, and the Internet.

Product Formulation :

Aerosol Furniture Maintenance Products are emulsion s that typically contain water; a VOC hydrocarbon solvent; a VOC hydrocarbon propella nt; and a polishing component such as silicone oil, mineral oil, or wax. The VOC hydrocarbon solvent constitutes up to about 7 percent of the product. The solvent functi ons to suspend the wax or oil and assists to remove smudges and fingerprint oils. Th e main polishing compounds reported are the exempt VOC volatile methylated sil oxanes (VMS). VMS content of aerosol Furniture Maintenance Products ranges from 2 to 8 percent by weight. Another common polishing component found in these products is an LVP-VOC mineral oil. The hydrocarbon propellant which serves to expel the pr oduct ranges from about 4 to12 percent by weight. These products may also contain a small amount of fragrance, such as citrus oils (ARB, 2007e).

Proposed VOC limit and Compliance :

The proposed VOC limit for aerosol Furniture Mainte nance Products is 12 percent by weight, effective December 31, 2013. As shown in T able VII-4, using adjusted 2006 emissions, the proposed VOC limit will result in an estimated emission reduction of 724 pounds per day, or about 0.36 tons per day by 2 013.

Table VII-4 Furniture Maintenance Product Proposal

Product Form Proposed VOC

Limit (weight percent) Number of

Complying

Products Complying

Market Share (percent) 2013 Emissions

Reductions (pounds per day)

Aerosol 12 37 9.8 724

As shown in Table VII-4, 37 of 87 reported products representing about 10 percent of product sales currently comply with the proposed 12 percent VOC limit. Therefore, staff has determined that the proposed VOC limit is techn ologically and commercially

feasible.Technical Support Document Chapter V II - 63

Complying products reported in the 2006 Survey cont ain an LVP-VOC solvent, a smaller percentage of hydrocarbon propellant, and m ineral oil or VMS as the polishing agents. Reformulation options that can be used to meet the proposed limit include replacing all or part of the VOC hydrocarbon solven t by increasing use of LVP-VOC hydrocarbon solvent. Reducing the amount of hydroc arbon propellant also appears to be feasible, based on the 2006 Survey (ARB, 2007e).

GWP Limit :

No compounds with GWP values at or above 150 were r eported in the 2006 Survey for this category. However, to ensure that use of comp ounds with higher GWP values does not begin as products reformulate to comply with th e proposed 12 percent by weight VOC limit, we are proposing a GWP limit of 150 for any chemical compound used in Furniture Maintenance Products, effective December 31, 2013. While this proposal would allow use of the non-VOC propellant, HFC-152a , we believe other reformulation options are more likely. The proposed limit would not apply to any chemicals present as contaminants, which in aggregate are 0.1 percent by weight or less. This limit is proposed as a mitigation measure under CEQA (see Ch apter IX, Environmental Impacts, section E). The proposed limit is contain ed in section 94509(n).

Issues :

1 Issue : Lowering the VOC limit in this category would ope n up the possibility of Wood Cleaner products being subject to the most res trictive limit ( i.e. a product that is primarily a Wood Cleaner but whose label cl aims could be construed to also belong to the Furniture Maintenance Product). Such a product would have to meet the proposed 12 percent by weight VOC limit instead of the current 17 percent by weight Wood Cleaner VOC limit.

Response : Staff agrees that if a Wood Cleaner product makes claims that it is

suitable for use as a Furniture Maintenance Product , the most restrictive limit provision applies and the product would need to con tain no more than 12 percent VOC by weight. Therefore, it is incumbent on the r esponsible party to ensure that labeling claims are consistent only with the W ood Cleaner category.



### C. General Purpose Cleaner (nonaerosol)

“General Purpose Cleaner” products are currently de fined as a general purpose cleaning product labeled for use on a variety of ha rd surfaces, including small appliances. The General Purpose Cleaner category i ncludes, but is not limited to, products designed or labeled for general floor clea ning, kitchen, countertop, or sink cleaning, and cleaners designed or labeled to be us ed on a variety of hard surfaces such as stovetops, cooktops, or microwaves. Becaus e of its many uses, General Purpose Cleaner products are not subject to the Mos t Restrictive Limit provision in section 94512(a). Staff is proposing minor changes to the definition of “General Purpose Cleaner” to improve clarity. The proposed modified definition reads as follows:Technical Support Document Chapter V II - 64

“General Purpose Cleaner” means a general purpose c leaning product labeled for use

on to clean a variety of hard surfaces, including small applia nces . “General Purpose Cleaner” includes, but is not limited to, products designed or labeled for general floor cleaning, kitchen, countertop, or sink cleaning, an d cleaners designed or labeled to be used on a variety of hard surfaces such as stovetop s, cooktops, or microwaves.

Nonaerosol General Purpose Cleaner products are cur rently subject to a 4 percent by weight VOC limit, which has been in ef fect since December 31, 2004. In addition, use of the TACs methylene chloride, perch loroethylene, and trichloroethylene is prohibited. This prohibition became effective D ecember 31, 2008.

The 2006 Survey data provides the basis for our det ermination that it is both technologically and commercially feasible to furthe r reduce the VOC content of these products. Based on these data, in this rulemaking we are proposing to lower the VOC limit for nonaerosol General Purpose Cleaner produc ts to 0.5 percent by weight.

Table VII-5 below summarizes the sales and emission s from nonaerosol General Purpose Cleaner products based on the results of th e 2006 Survey (ARB, 2007e). The data for the 1,518 reported products have been grow n, by population, to 2010. Total category sales from these products are about 870,85 4 pounds per day.

Also shown in Table VII-5, estimated 2010 market-ad justed VOC emissions for nonaerosol General Purpose Cleaner products are 24, 078 pounds per day, or

Table VII-5 General Purpose Cleaner

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Nonaerosol 1,518 870,854 24,078

about 12 tons per day in California. Although not shown in the table, the salesweighted average VOC content is 0.8 percent by weig ht.

Based on data from the 2003 Survey (ARB, 2004a), ae rosol General Purpose Cleaner products were found to have sales of about 6,800 po unds per day, or about 3.4 tons per day. This suggests that nonaerosol products domina te the market in this category.

Product Use and Marketing :

General Purpose Cleaner products are used by househ old and institutional consumers for general cleaning and removal of soils, stains, or spots from different hard surfaces such as floors, counters, and sinks. For cleaning, products are applied either directly toTechnical Support Document Chapter V II - 65

the surface or indirectly with a mop or sponge to c over large areas. Rinsing may or may not be necessary after the product is used.

Nonaerosol General Purpose Cleaner products are sol d either as concentrates or ready-to-use (RTU) products and are available with many different delivery systems, including liquids, solids, pump sprays, and wipes. Industrial and Institutional consumers might also use products in automated dispensing mac hines. Some products are marketed under the name of a specific active ingred ient in their formulations such as citrus cleaner, pine cleaner, bleach cleaner, or am moniated cleaner. Because of their degreasing and glass cleaning abilities, some of th e products are also marketed as “cleaner-degreaser,” “all-purpose cleaner,” “glass and surface cleaner,” or “multi-surface cleaner.” There are also General Purpose Cleaner p roducts that make anti-microbial

claims.

General Purpose Cleaner products are available in a variety of stores, including grocery stores, janitorial supply stores, discount stores, etc . They are sold to household consumers, janitors, restaurants, and other commerc ial or institutional establishments for general cleaning and, to a certain extent as an anti-microbial agent. For the purpose of this regulation, products primarily labeled as “ General Purpose Cleaner” that make anti-microbial or disinfecting claims are considere d “General Purpose Cleaner” products.

Additional information on product use and marketing can be found in the “1999 Mid-term

Measures II” and “2006 CONS-2” “Initial Statement of Reasons for the Proposed Amendments to the Consumer Products Regulation” (AR B, 1999; ARB, 2006a).

Product Formulation :

Nonaerosol General Purpose Cleaner products are pri marily water-based products. In liquid products VOC ingredients are isopropyl and e thyl alcohols, ethylene glycol monobutyl ether, pinene, and d-limonene. The VOC c ontent ranges from 0 to 4 percent by weight. LVP-VOCs reported include several glyco l ethers and triethanolamine. Other ingredients reported include, surfactants, an d inorganic compounds. The VOC and LVP-VOC glycol ethers, terpenes, and alcohols p rovide solvency to remove most soils. Inorganic compounds aid in maintaining pH a nd solvency. Ethanolamines are weak bases that can provide stability and texture t o a product. Products generally contain a small amount of fragrance. Surfactants p lay a key role in the cleaning process. Their role is discussed below.

Nonaerosol General Purpose Cleaner product formulat ions use a variety of wetting agents or surfactants. They reduce surface tension of liquids and assist in the cleaning of soils from multiple surfaces. Ionic surfactants are either anionic or cationic. Anionic surfactants are water soluble and have a negative c harge in solution. They typically are ‘foaming’ or ‘sudsy’ and are good cleaners. Exampl es include linear alkyl benzene sulfonate, soaps or fatty acid salts, and sodium do decyl sulfate (CQ, 2008). Cationic surfactants are positively charged in aqueous solut ion. They are less effective cleaners.Technical Support Document Chapter V II - 66

The primary cationic surfactants, are the quaternar y ammonium compounds. These are the typical active ingredients in products making a nti-microbial claims (PG, 2010).

Nonionic surfactants are low sudsing and do not hav e a charge. Because they do not ionize in solution they are not affected by water h ardness. They are good cleaning agents. Common nonionic surfactants include alcoho l ethoxylates, alkyl polysaccharides, and alkylphenol ethoxylates.

Nonaerosol General Purpose Cleaner products that ma ke anti-microbial claims must be FIFRA and DPR registered. About 80 of the reported products are FIFRA registered products. Many anti-microbial General Purpose Clea ner products contain LVP-VOC quaternary ammonium compounds as the active ingredi ent. Other reported active antimicrobial ingredients include sodium hypochlorite ( bleach) and l-lactic acid. These compounds did not have to be speciated in the surve y, but we are aware that these are the active anti-microbial agents because of FIFRA l abeling requirements.

Health and Safety Code Section 41712(e)(1) directs the ARB to consider recommendations from a health agency (local, state, or federal) regarding regulation of health benefit products. This process was put in p lace to ensure that public health would not be compromised by regulating the VOC cont ent of such products. Because anti-microbial nonaerosol General Purpose Cleaner p roducts may be considered health benefit products, in accordance with the statute, s taff consulted with the California Department of Public Health (DPH). DPH staff indic ated that reducing the VOC content of General Purpose Cleaner products should not affe ct the ability of manufacturers to sell efficacious anti-microbial general purpose cle aning products (CA DPH, 2010).

Proposed VOC Limit and Compliance :

The proposed VOC limit for nonaerosol General Purpo se Cleaner products is 0.5 percent by weight, effective December 31, 2012. As shown in Table VII-6, using adjusted 2006 emissions, the proposed VOC limit wil l result in an estimated emission reduction of 7,460 pounds per day, or about 3.73 to ns per day effective December 31, 2012.

Table VII-6 General Purpose Cleaner Proposal

Product Form Proposed

VOC Limit (percent) Number of

Complying

Products Complying

Market Share (percent) 2012 Emissions

Reductions (pounds per day)

Nonaerosol 0.5 980 69 7,460

Table VII-6 also shows that 980 products representi ng 69 percent of the market currently comply with the proposed limit. Data fro m the 2006 Survey also show complying products in each reported method of deliv ery. Although not shown, for FIFRA registered products, the complying market sha re is 73 percent.Technical Support Document Chapter V II - 67

The 0.5 percent by weight VOC limit is proposed bas ed on staff’s review of the data collected from the 2006 Survey as well as the revie w of existing technologies for use in cleaning applications. Reformulation options inclu de the continued use of water along with various cleaning ingredients such as inorganic compounds (sulfates), LVP-VOC glycol ethers, triethanolamine, bleach, carbonates, ammonia, and surfactants. Because there are many viable low, and non-VOC alternatives available, as well as a high complying market share, we believe the proposed lim it is commercially and technologically feasible.

Proposal to Prohibit Use of Alkylphenol Ethoxylate Surfactants :

Alkylphenol ethoxylate surfactants, in particular t he octylphenol and nonylphenol ethoxylates, are known to be toxic to aquatic speci es. We are aware that some nonaerosol General Purpose Cleaner products contain these compounds. Because of this, ARB staff consulted with State Water Resource s Control Board (SWRCB) staff to determine if continued use of these compounds could adversely affect water quality. Information provided to SWRCB staff indicates that alkylphenol ethoxylates were found

in measurable concentrations in the State’s receivi ng waters. Therefore, SWRCB staff expressed concern that any potential increased use of alkylphenol ethoxylate surfactants could adversely impact aquatic species (SWRCB, 2010a; SWRCB, 2010b; SCCWRP, 2010; and SFEI, 2010). In light of this fi nding, we are proposing a CEQA mitigation measure to ensure that use of alkylpheno l ethoxylate surfactants does not occur as products reformulate. As proposed, sectio n 94509(m)(3) would preclude use of alkylphenol ethoxylate surfactants in General Pu rpose Cleaner (nonaerosol) products effective December 31, 2012. Further information o n this proposal, as well as the need, is contained in Chapters VI and IX.

Issues :

1. Issue : The proposed VOC limit is not commercially and/or technologically

feasible.

Response : While working with stakeholders on this issue, staf f thoroughly investigated the claim. At the request of stakehol ders data were subdivided into all delivery mechanisms. Anti-microbial products w ere also evaluated. Complying products are available in every type of d elivery system. Therefore, staff believes that the proposed VOC limit is techn ologically and commercially

feasible.

2. Issue : The proposed limit will negatively impact anti-micr obial products.

Response : Survey data have shown that anti-microbial products are available at or below the proposed limit. The complying market share for anti-microbial products is 73 percent. It should also be noted th at the most commonly used active ingredients for these products are quaternar y ammonium compounds,Technical Support Document Chapter V II - 68

which are LVP-VOCs. DPH staff indicated that reduc ing the VOC content of General Purpose Cleaner products should not affect the ability of manufacturers to sell efficacious anti-microbial general purpose cleaning products (CA DPH, 2010).

3. Issue : An exemption should be provided for products that u se an integrated cleaning system.

Response : The data show a high complying market share for Gen eral Purpose Cleaner products that perform similar tasks, i.e. , floor cleaning. Therefore, staff concludes that an exemption for products that emplo y an integrated system is not warranted. The data clearly show that the basic ma rket demand can be met. Providing an exemption for specific delivery mechan isms would unnecessarily

diminish emission reductions.

4. Issue : The proposed VOC limit is not feasible for ‘wipe’ products.

Response : It is important to note that a ‘wipe’ product is a method to deliver a liquid product. The VOC limit is feasible for liqu id products.



### D. General Purpose Degreaser (nonaerosol)

General Purpose Degreaser products are products lab eled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic part s. The General Purpose Degreaser category currently does not include the other regul ated categories “Engine Degreaser,” “General Purpose Cleaner,” “Adhesive Remover,” “Ele ctronic Cleaner,” “Electrical Cleaner,” “Energized Electrical Cleaner,” or “Metal Polish or Cleanser.” Products used exclusively in solvent cleaning tanks or related eq uipment, such as cold cleaners, vapor degreasers, conveyorized degreasers, or film cleani ng machines are not General Purpose Degreaser products. An additional exclusio n is provided for industrial products that are (A) sold exclusively to establishments whi ch manufacture or construct goods or commodities; and (B) are labeled “not for retail sa le.” Products designed to clean miscellaneous metallic parts by immersion in a cont ainer are also excluded.

Nonaerosol General Purpose Degreaser products are c urrently subject to a 4 percent by weight VOC limit, which has been in ef fect since December 31, 2004. In addition, use of the TACs methylene chloride, perch loroethylene, and trichloroethylene is prohibited. This prohibition became effective D ecember 31, 2005.

The 2006 Survey provides the basis for our determin ation that it is commercially and technologically feasible to further reduce the VOC content of these products. Based on these data, staff is proposing to lower the VOC lim it for nonaerosol products to 0.5 percent by weight. Modifications to the defini tion are also proposed.Technical Support Document Chapter V II - 69

We are proposing to amend the General Purpose Degre aser definition to clarify the exemption for products used at manufacturing facili ties. At present the definition excludes products that are sold exclusively to faci lities that manufacture or construct goods or commodities, and that are labeled “not for retail sale.” We have determined that the phrase “not for retail sale” is inadequate to describe these products used in the manufacturing process and that use of this term cou ld allow for unintended products to meet this exemption criterion. We have also determ ined that in the normal chain of commerce, responsible parties for General Purpose D egreaser products sell products to distributors, who in turn, sell to manufacturing fa cilities. With this understanding, we are proposing to amend the exclusion to also allow dist ributors to sell directly to manufacturing facilities. To ensure that only prod ucts used in the manufacturing process itself meet the exclusion, we are proposing that these products must be labeled “For Manufacturing Use Only.” The phrase “not for retail sale,” for the purpose of this regulation, would be deleted. As proposed, this pr ovision would become effective at the

end of 2012. Until that time the current definitio n would remain in effect.

On or after December 31, 2012, a “General Purpose D egreaser” would be defined as: any product labeled to remove or dissolve grease, g rime, oil and other oil-based contaminants from a variety of substrates, includin g automotive or miscellaneous metallic parts. “General Purpose Degreaser” does n ot include “Adhesive Remover,” “Electrical Cleaner,” “Electronic Cleaner,” “Energi zed Electrical Cleaner,” “Engine Degreaser,” “General Purpose Cleaner,” “Metal Polis h or Cleanser,” or “Oven or Grill

Cleaner.” “General Purpose Degreaser” also does not include products used exclusively in “solvent cleaning tanks or related e quipment,” or products that are (A) exclusively sold directly or through distributors t o establishments which manufacture or construct goods or commodities; and (B) labeled exc lusively for "use in the manufacturing process only." “Solvent cleaning tanks or related equipment” incl udes, but is not limited to, cold cleaners, vapor degreas ers, conveyorized degreasers, film cleaning machines, or products designed to clean mi scellaneous metallic parts by

immersion in a container.

Note that in the proposed definition we are proposi ng a reorganization. Only the new provisions are shown in underline format. The excl usion for "Oven or Grill Cleaner” products is being proposed because of modifications proposed to the definition for the “Oven or Grill Cleaner” category definition. This is further described in part H of this chapter. In general, the Oven or Grill Cleaner cat egory would be limited to products that are labeled exclusively to remove baked-on food soi ls. The definition would further clarify that if an Oven or Grill Cleaner product al so makes claims that it is suitable for general degreasing, that product would be considere d a “General Purpose Degreaser.”

Table VII-7 below summarizes the sales and emission s from nonaerosol General Purpose Degreaser products based on the results of the 2006 Survey (ARB, 2007e). The data for the 462 reported products have been gr own, by population, to 2010. Total category sales from these products are about 87,931 pounds per day.Technical Support Document Chapter V II - 70 Table VII-7 General Purpose Degreaser

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Nonaerosol 462 87,931 3,816

Also shown in Table VII-7, estimated 2010 market-ad justed VOC emissions for nonaerosol General Purpose Degreaser products are 3 ,816 pounds per day, or about 1.9 tons per day in California. Although not shown in Table VII-7, the VOC content of nonaerosol General Purpose Degreaser products range s from 0 to 100 percent by weight, with a sales-weighted average VOC content o f about 3 percent by weight. A further explanation of the existence of products ab ove the VOC limit is necessary.

Review of the 2006 Survey data show that many of th e higher VOC content products reported are solvent degreasers which, for example, are used for automotive surface preparation prior to painting automotive surfaces. Such products correctly reported in the 2003 Survey in the unregulated category of "Mul ti-purpose Solvent." At the time of the 2006 Survey, Multi-purpose Solvent products wer e not subject to VOC restrictions. However, changes to the definition for Multi-purpos e Solvent products that were approved in 2006 clarified that Multi-purpose Solve nt products that make claims that they are suitable for use as a consumer product whi ch meets another definition in section 94508(a) are not Multi-purpose Solvents and are subject to the Most Restrictive Limit provision in section 94512(a). Therefore, be cause automotive surface preparation products make degreasing claims, they were correctl y reported in the 2006 Survey as General Purpose Degreaser products (ARB, 2004a; ARB , 2007e).

Product Use and Marketing :

General Purpose Degreaser products are used for a w ide range of degreasing duties and many are marketed for use in industrial or manu facturing applications, automotive maintenance and repair, residential garage or machi ne shop areas, and similar settings. Products marketed for such applications typically r emove petroleum-based greases, oils, hydrocarbon residues, greasy soils, motor oil , axle grease, hydraulic fluid, lithium grease, lubricant oils, silicones, or similar indus trial or manufacturing fluids from hard surfaces. For example, products are used on machin ery, concrete, equipment, plumbing or pipe-fittings, tools, floors, walls, mi scellaneous metallic or nonmetallic parts, and automotive parts. Products are also used to de grease surfaces prior to applying paint.

In addition, General Purpose Degreaser products are marketed for use in food service areas including: supermarkets, restaurants, butche r shops or meat-cutting facilities, janitorial services, residential and institutional kitchen areas, and similar settings. Products marketed for such applications are formula ted similarly to Oven or Grill Cleaner products and are generally labeled to remov e food-related greases or soils.Technical Support Document Chapter V II - 71

These degreaser products can be used on floors, wal ls, countertops, stoves, ovens, grills, appliances or similar surfaces associated w ith food preparation. Proposed changes to the Oven or Grill Cleaner category defin ition would clarify that a product that is labeled as an oven or grill cleaner that makes c laims that it is suitable for degreasing other hard surfaces is a General Purpose Degreaser.

The General Purpose Degreaser category includes pro ducts that are sold as ready-touse (RTU) products or concentrates. Delivery mecha nisms for RTU products are typically pump sprays or wipes. Products are spray ed, mopped, sponged, wiped, brushed, or poured directly onto surfaces. In addi tion, products can be used in automatic dispensing machines or pressure washer sy stems. It is common for concentrated products to display dilution/mixing re commendations and use instructions for: “pump spray,” “mop and bucket,” “automatic di spensing systems,” “foaming,” “sponge,” “pressure washer,” or combinations based on the surface or substrate, soil build-up, or method of application.

Products can be purchased through many sales outlet s including grocery and drug stores, discount stores, wholesalers, mass merchand isers, hardware stores, warehouse stores, and home centers. Products are also sold t o industrial or institutional users through distributors or through direct sales by the manufacturer.

Additional information on product use and marketing can be found in the “1997 Midterm Measures I,” “1999 Midterm Measures II,” and the “2 006 CONS-2” “Initial Statement of Reasons for the Proposed Amendments to the Consumer Products Regulation” (ARB, 1997b; ARB 1999; ARB, 2006a).

Product Formulation :

There are many kinds of degreasing products, but mo st can be categorized as: alkaline water-based, solvent-based, or water-soluble. Prod uct formulations also vary depending upon the target market. Factors affectin g the strength of the degreaser include the product concentration, the solvent or s olvents used, the pH of the product, and the type of surfactant used.

Nonaerosol General Purpose Degreaser product formul ations often contain water and water-soluble solvents such as glycols, glycol ethe rs, d-limonene, and alcohols (ARB, 2007e). Nonionic surfactants, such as alcohol etho xylates or alkylphenol ethoxylates, are also used. Many nonaerosol General Purpose Deg reaser products are formulated to be moderately alkaline, with ingredients such as sodium and potassium silicates, alkali metal hydroxides, metasilicates, and ethanol amines. Buffering ingredients such as tetra-potassium pyrophosphate or ethylene diamin e tetra-acetic acid (EDTA) are often found in relatively low concentrations and ar e used as pH adjusters. Further discussion of surfactant technologies is discussed in part C of this chapter.

Water-based degreasers for heavy degreasing applica tions often contain higher levels of sodium metasilicate, or other metallic carbonate s, are of higher pH and generallyTechnical Support Document Chapter V II - 72

contain more glycol ethers such as 2-butoxyethanol, alcohols such as isopropyl alcohol, or d-limonene. Removal of biological oils and grea ses normally found in the home or restaurants, which are primarily triglycerides, can be done effectively by water-based, alkaline products with surfactants and little or no organic solvent (ARB, 2007e). Heavyduty alkaline degreasers are often used in commerci al or institutional applications such

as food service facilities or for use in restaurant s.

Many water-based or water containing nonaerosol Gen eral Purpose Degreaser products are also used to remove motor oils and hea vy greases in machine and repair shop environments. Some products are formulated wi th enzymes or live bacteria cultures that can digest greases and oils.

Solvent-based products previously categorized as “M ulti-purpose Solvent” can be up to 100 percent VOC solvent, and typically contain mine ral spirits, VM&P Naphtha, toluene, xylenes, or other organic solvents. These products are used in surface preparation to dissolve grease, wax, or oil on automotive surfaces prior to painting. However, the 2006 Survey data also show that a number of very lo w VOC surface preparation degreaser products are sold.

Solvent-based products can also be formulated as an emulsion with solvents such as glycol ethers, alcohols, or d-limonene to loosen an d solubilize soils such as oily/greasy grime, asphalt, creosote, resins, and wax from surf aces. These lipophilic soils are solubilized by water-in-oil emulsions. The water i n the emulsion acts as a “carrier” for the solvent “continuous phase.” Because the solven t is on the outside, the emulsion

does not have to break for the solvent to be direct ly exposed to the greasy/oily surface. Water-in-oil emulsions are an effective way to use lower amounts of VOC solvent in a General Purpose Degreaser product.

Water-rinsable degreasers are designed to degrease equipment or areas where high levels of oils are present, such as plant warehouse concrete floors. The degreaser can be pressure sprayed on the surface and wiped or rin sed off with water, at which time an emulsion forms, carrying away the product and oils with it. Water-soluble solvent degreasers range from those used for degreasing con crete driveways, around loading platforms, kitchens, or machine shop areas to speci alized foam degreasers or clinging foam degreasers used to degrease meat-processing eq uipment. These products can contain hydrocarbon solvents, glycol ethers, and em ulsifiers.

Proposed VOC Limit and Compliance :

The proposed VOC limit for nonaerosol General Purpo se Degreaser products is 0.5 percent by weight, effective December 31, 2012. As shown in Table VII-8, using adjusted 2006 emissions, the proposed limit will re sult in an estimated emission reduction of 2,340 pounds per day, or about 1.17 to ns per day in 2012.Technical Support Document Chapter V II - 73 Table VII-8 General Purpose Degreaser Proposal

Product Form Proposed

VOC Limit (percent) Number of

Complying

Products Complying

Market Share (percent) 2012 Emissions

Reductions (pounds per day)

Nonaerosol 0.5 232 73 2,340

Table VII-8 also shows that 232 products, represent ing over 70 percent of the market currently comply with the proposed VOC limit of 0.5 percent by weight for nonaerosol General Purpose Degreaser products. Com plying products are formulated with surfactants such as alkyl benzene sulfonate, a nd alcohol ethoxylates; water conditioning agents such as polyacrylates, carbonat es, phosphonates, gluconates, tetra-potassium pyrophosphate or ethylene diamine t etra-acetic acid (EDTA); alkaline or acid builders; and water. Complying products are a lso formulated with the following LVP-VOC ingredients: glycol ethers, methyl esters, triethanolamine, and hydrocarbon

solvents.

To comply with the proposed VOC limit of 0.5 percen t by weight, we predict manufacturers will reformulate products with based on use of: surfactant technologies; non-VOC alkaline ingredients; LVP-VOC solvent subst itutions; or water-solvent emulsions using LVP-VOC glycol ethers or LVP-VOC hy drocarbon solvents.

Proposal to Prohibit Use of Alkylphenol Ethoxylate Surfactants :

Alkylphenol ethoxylate surfactants, in particular t he octylphenol and nonylphenol ethoxylates, are known to be toxic to aquatic speci es. We are aware that some General Purpose Degreaser (nonaerosol) products contain the se compounds. Because of this,

ARB staff consulted with State Water Resources Cont rol Board (SWRCB) staff to determine if continued use of these compounds could adversely affect water quality. Information provided to SWRCB staff indicates that alkylphenol ethoxylates were found

in measurable concentrations in the State’s receivi ng waters. Therefore, SWRCB staff expressed concern that any potential increased use of alkylphenol ethoxylate surfactants could adversely impact aquatic species (SWRCB, 2010a; SWRCB, 2010b; SCCWRP, 2010; and SFEI, 2010). In light of this fi nding, we are proposing a CEQA mitigation measure to ensure that use of alkylpheno l ethoxylate surfactants does not occur as products reformulate. As proposed, sectio n 94509(m)(3) would preclude use of alkylphenol ethoxylate surfactants in General Pu rpose Degreaser (nonaerosol) products effective December 31, 2012. Further info rmation on this proposal, as well as the need, is contained in Chapters VI and IX.



### E. Glass Cleaner (nonaerosol)

“Glass Cleaner” products are designed primarily for cleaning surfaces made of glass such as windows, mirrors, glass tabletops, and comp uter screens. Products designed solely for the purpose of cleaning optical material s used in eyeglasses, photographicTechnical Support Document Chapter V II - 74

equipment, scientific equipment, or photocopying ma chines are excluded from the Glass Cleaner category. Products marketed as "Glas s and Surface Cleaner" are also not included in this category; they are “General Pu rpose Cleaner” products.

Glass Cleaner products were first regulated under t he Phase-I amendments approved by the Board approved in October of 1990 (ARB, 1990 ). At that time, the Board approved a VOC limit of 8 percent by weight for non aerosol Glass Cleaner products, effective January 1, 1993. The current VOC limit f or nonaerosol Glass Cleaner products is 4 percent by weight, which has been in effect since December 31, 2004.

The 2006 Survey provides the basis for our determin ation that it is commercially and technologically feasible to further reduce the VOC content of these products. Based on these data, staff is proposing to lower the VOC lim it for nonaerosol Glass Cleaner products to 3 percent by weight.

Table VII-9 below summarizes the sales and emission s from nonaerosol Glass Cleaner products based on the results of the 2006 Survey (A RB, 2007e). The data for the 298 reported products have been grown, by populatio n, to 2010. Total category sales from these products are about 149,812 pounds per da y.

Table VII-9

Glass Cleaner

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Nonaerosol 298 149,812 6,685

As shown in Table VII-9, nonaerosol Glass Cleaner p roducts have estimated VOC emissions of 6,685 pounds per day, or about 3.3 ton s per day in California. Nonaerosol products represent 96 percent of Glass Cleaner prod ucts sold in California. Although not shown, the sales-weighted average VOC content i s about 3.4 percent by weight.

Product Use and Marketing :

The Glass Cleaner (nonaerosol) category consists of cleaning products that are labeled for use on glass surfaces. In addition to window c leaning, these cleaners are used to remove soils from glass furniture, fixtures, mirror s, or special surfaces such as stained glass. Nonaerosol Glass Cleaner products are formu lated as ready-to-use (RTU) pump spray or wipes, or as concentrates which require di lution by the consumer before use. Nonaerosol Glass Cleaner products are applied and w iped off with a cloth or paper towel. A very small number of products are diluted during use. These “hose-connect” products are designed for the cleaning of exterior glass surfaces and windows. Certain Glass Cleaner products also claim to provid e special properties to the cleaned surface. For example, some products claim to provi de anti-fogging properties.Technical Support Document Chapter V II - 75

Glass Cleaner products are sold to household consum ers, janitors, hospitality industries

and other commercial or institutional establishment s for glass cleaning. They are available at grocery stores, discount stores, janit orial supply stores, and warehouse stores. They may also be sold directly to institut ional and commercial facilities.

Glass Cleaner products are used by household, comme rcial, and industrial establishments. Depending on the cleaning applicat ion, both the delivery method and product form varies. RTU pump spray products appea r to be preferred by the household consumer. In a household setting Glass C leaner products are used to clean a variety of soils on glass surfaces such as food, grease, and oils (including sebum, such as fingerprints) in addition to dust and other particulate. Oily soils and particulate

also need to be removed from inside vehicles window s. In addition, consumers use Glass Cleaner products to remove outdoor soils incl uding mineral deposits, hard water stains, dirt, and heavier soils including animal de posits. To clean these household soils, desirable performance characteristics include ease of use, quick drying, and effectiveness in soil removal, such that the produc t does not produce or leave streaks and/or solids on the glass surface.

Most Glass Cleaner products sold to commercial and industrial establishments are concentrated products. Following dilution these pr oducts are applied to mirrors, highrise exterior and interior windows, “clear-guards” at food establishments, along manufacturing lines, or other glass surfaces. End users can mix the appropriate parts of water and cleaner manually with measuring devices, but some vendors also supply closed-loop dispensing and proportioning systems fo r automated dilution. Dispensers and proportioners work by using a metering tip to m ix the product with the recommended amount of water to proper concentration (Schafer, 2008).

Product Formulation :

Nonaerosol Glass Cleaner products are commonly form ulated with a high water content. Short carbon chains alcohols such as isop ropyl or ethyl and/or glycol ethers are used to dissolve oily soils. Some products are also formulated with vinegar (dilute acetic acid), exempt VOCs, and ammonia. Small amou nts of surfactants are included to emulsify oily soils. The surfactant also create s a layer of foam which allows the product to cling to the surface. Fragrance is also routinely added in small amounts.

Proposed VOC Limit and Compliance :

The proposed VOC limit for nonaerosol Glass Cleaner products is 3 percent by weight, effective December 31, 2012. As shown in Table VII -10, the proposed VOC limit would result in an estimated emission reduction of 827 po unds per day, or 0.41 tons per day

statewide in 2012.Technical Support Document Chapter V II - 76 Table VII-10 Glass Cleaner Proposal

Product Form Proposed

VOC Limit (percent) Number of

Complying

Products Complying

Market Share (percent) 2012 Emissions

Reductions (pounds per day)

Nonaerosol 3 165 10 827

As shown in Table VII-10, a large number of product s already comply with the proposed 3 percent by weight VOC limit, however, the overall complying market share is relatively low. For most nonaerosol Glass Cleaner products, r eformulation to meet the proposed VOC limit will involve adjusting the water content, reducing the amount of VOC solvents, or replacing VOC solvents with LVP-VOC solvents, ex empt VOCs, or surfactants. We expect most noncomplying products will reformulate with a smaller amount of VOC glycol ether or alcohol, with the balance being wat er and surfactants.

Proposal to Prohibit Use of Alkylphenol Ethoxylate Surfactants :

Alkylphenol ethoxylate surfactants, in particular t he octylphenol and nonylphenol ethoxylates, are known to be toxic to aquatic speci es. We are aware that some Glass Cleaner (nonaerosol) products contain these compoun ds. Because of this, ARB staff

consulted with State Water Resources Control Board (SWRCB) staff to determine if continued use of these compounds could adversely af fect water quality. Information provided to SWRCB staff indicates that alkylphenol ethoxylates were found in measurable concentrations in the State’s receiving waters. Therefore, SWRCB staff expressed concern that any potential increased use of alkylphenol ethoxylate surfactants could adversely impact aquatic species (SWRCB, 2010a; SWRCB, 2010b; SCCWRP, 2010; and SFEI, 2010). In light of this fi nding, we are proposing a CEQA mitigation measure to ensure that use of alkylpheno l ethoxylate surfactants does not occur as products reformulate. As proposed, sectio n 94509(m)(3) would preclude use of alkylphenol ethoxylate surfactants in Glass Clea ner (nonaerosol) products effective December 31, 2012. Further information on this pro posal, as well as the need, is contained in Chapters VI and IX.

Issues :

1. Issue : The proposed 3 percent VOC limit should be lower.

Response : Staff’s evaluation of the 2006 Survey indicate that the complying market share at the proposed 3 percent limit is low (about 10 percent). Although there are a number of products that comply, their o verall sales are low. Some of the complying products are designed solely to be di luted in a bucket for outdoor window cleaning. This type of product is not suita ble for indoor use. Staff also

reviewed data that show that when the amount of VOC cleaning solvent is reduced there are potential safety hazards. For ex ample, in automotive glass,Technical Support Document Chapter V II - 77

streaks or haze left behind from inadequate cleanin g, or excess residuals can lead to haze and unsafe driving conditions. Theref ore, staff believes the 3 percent VOC limit is appropriate.



### F. Heavy-duty Hand Cleaner or Soap (nonaerosol)

Heavy-duty Hand Cleaner or Soap products are design ed to clean or remove difficult

dirt and soils from the hand with or without the us e of water. Products remove a variety of tough soils including oil, grease, grime, tar, s hellac, putty, printer’s ink, paint, graphite, cement, carbon, asphalt, or adhesives. T he Heavy-duty Hand Cleaner or Soap category does not include prescription drug pr oducts, Antimicrobial Hand or Body Cleaner or Soap, Astringent/Toner, Facial Cleaner o r Soap, General-use Hand or Body Cleaner or Soap, or Rubbing Alcohol.

Heavy-duty Hand Cleaner or Soap products are curren tly subject to a VOC limit of 8 percent by weight for all product forms, which ha s been in effect since January 1, 2005 (ARB, 1997a). A description of these products is also included in the staff report for that rulemaking, the Midterm Measures I (ARB, 1 997b).

In this rulemaking, we are proposing to reduce the VOC limit to 1 percent by weight for nonaerosol Heavy-duty Hand Cleaner or Soap products . These products are sold as liquids (which include wipes and pump spray), semis olids, and solids. The current VOC limit of 8 percent by weight for aerosol Heavy-duty Hand Cleaner or Soap products will

be retained.

Table VII-11 below summarizes the sales and emissio ns from nonaerosol Heavy-duty Hand Cleaner or Soap products based on the results of the 2006 Survey (ARB, 2007e). The data have been grown, by population, to 2010. Total category sales for the 255 reported products are about 26,093 pounds per day.

Table VII-11 Heavy-duty Hand Cleaner or Soap

Table VII-11 also shows the 2010 market-adjusted VO C emissions are 1,585 pounds per day, or about 0.79 tons per day, statewide. Al though not shown, the sales-weighted average VOC content is about 4.6 percent.

Product Use and Marketing :

Nonaerosol Heavy-duty Hand Cleaner or Soap products are found and used in the home, garage, business, manufacturing, construction and mobile business settings Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Nonaerosol 255 26,093 1,585Technical Support Document Chapter V II - 78

(CSPA, 2010b). These products are commonly used to remove the toughest dirt and soils that cannot be easily washed off with general -use soaps. Typically, the hand cleaner is rubbed into dry or wet hands until the d irt and soils are dissolved or suspended in the product. In the 2006 Survey, abou t 10 percent of the liquid products reported were towelette (wipe) products. Except fo r towelette products, virtually all the products instruct the user to wipe the hands with a towel or cloth to remove the dirt or soil suspended in the product, or first rinse with water and then follow with hand wiping. After rinsing with water, hands are often dried wit h a towel or cloth to aid in mechanically removing product or any stubborn soils that remain on the skin (Willard et. al, 2005).

Nonaerosol Heavy-duty Hand Cleaner or Soap products are typically sold in automotive supply stores, discount stores, hardware stores, ho me supply stores, paint stores, hobby and craft stores, and through Internet sales and catalog sales. These products

are also sold to industrial or institutional users through distributors or through direct sales by the manufacturers.

Product Formulation :

Nonaerosol Heavy-duty Hand Cleaner or Soap products typically contain water, surfactants (anionic and nonionic), VOC and/or LVP- VOC solvents, and abrasives. These ingredients assist in removing tough dirt and soils from the hands. In addition, nonaerosol Heavy-duty Hand Cleaner or Soap products may contain fragrance and moisturizing agents. The VOC content of the report ed nonaerosol Heavy-duty Hand Cleaner or Soap products ranges from 0 to 8 percent by weight.

Nonaerosol Heavy-duty Hand Cleaner or Soap products are commonly formulated with water in combination with surfactants to suspend di rt and grease. Approximately 95 percent of the products reported in the 2006 Sur vey reported having water in the product formulation. In products containing water, the water content ranged from near 0 to 95 percent by weight, with a sales-weighted av erage of approximately 60 percent (ARB, 2007e).

Use of both anionic and nonionic surfactants is com mon. Among the surfactants used are diethanolamine, sodium lauryl sulfate, alkylphe nol ethoxylates, ethoxylated alcohols, and PEG-6 tridecyl ether (ARB, 2007e).

Typical VOC solvents used in nonaerosol Heavy-duty Hand Cleaner or Soap products include hydrocarbon solvents, such as mineral spiri ts, and terpenes, such as

d-limonene. These hand cleaners have a VOC content ranging from 1 to 8 percent by weight. The VOC solvents may act as both an active ingredient by dissolving dirt and soils, or as a carrier for other ingredients. Use o f LVP-VOC hydrocarbon and methyl ester solvents was also reported.

Abrasives are active ingredients which remove dirt through physical action. Examples of abrasives are pumice, silica, diatomaceous earth , and polybeads. Bio-basedTechnical Support Document Chapter V II - 79

abrasives include ground nut shells or seeds and co rn cob grit. Products with abrasives typically come with use instructions to towel off o r rinse off the product with water after the cleansing process to achieve residue-free hands (ARB, 2007e). As reported in the 2006 Survey, the amount of abrasives used in nonaer osol Heavy-duty Hand Cleaner or Soap products ranges from 0 to 53 percent of the pr oduct weight, with a sales-weighted average of about 8 percent by weight.

Moisturizers and fragrances may be included in the formulation of nonaerosol Heavyduty Hand Cleaner or Soap products. Common moistur izers include aloe vera, jojoba oil, lanolin, and mineral oil to help condition the skin and prevent drying.

A number of nonaerosol Heavy-duty Hand Cleaner or S oap products are labeled to remove paint and adhesives from the hands. Most, i f not all of these hand cleaners, contain the dibasic esters dimethyl adipate or dime thyl succinate. Dimethyl succinate is a VOC while dimethyl adipate is a LVP-VOC. Both ar e used in the formulation because of their ability to dissolve the paint resins (ARB, 2007e).

Proposed VOC Limit and Compliance :

The proposed VOC limit for nonaerosol Heavy-duty Ha nd Cleaner or Soap products is 1 percent by weight with an effective date of Decem ber 31, 2013. As shown in Table VII-12, the proposed VOC limit would result i n emission reductions of 1,051 pounds per day, or about 0.53 tons per day, s tatewide in 2013.

Also shown in Table VII-12, 113 products, represent ing 30 percent of the market already comply with the proposed VOC limit of 1 per cent by weight, demonstrating that the proposed VOC limit is technologically and comme rcially feasible.

Table VII-12 Heavy-duty Hand Cleaner or Soap Proposal

Product Form Proposed

VOC Limit (weight percent) Number of

Complying

Products Complying

Market Share (percent) 2013 Emissions

Reductions (pounds per day)

Nonaerosol 1 113 30 1,051

For most nonaerosol Heavy-duty Hand Cleaner or Soap products, reformulation to meet the proposed VOC limit of 1 percent by weight will involve adjusting the water content, reducing the amount of VOC solvents or replacing VO C solvents with LVP-VOC solvents, increasing the amount of surfactants or a brasives, or a combination of the above. The proposed limit will not require a chang e in the amount of moisturizing agents (aloe vera, jojoba oil, lanolin, mineral oil ) used in the formulation of the product. These moisturizing agents are LVP-VOCs which are no t counted toward a product’s

VOC content.Technical Support Document Chapter V II - 80

Approximately 60 percent of the 113 products that c omply with the proposed VOC limit of 1 percent by weight contain abrasives. Thus, us e of these materials appears to be a viable reformulation strategy.

To allow manufacturers the needed time to reformula te all noncomplying products, staff is proposing December 31, 2013, as the effective da te of the proposed VOC limit.

Proposal to Prohibit Use of Alkylphenol Ethoxylate Surfactants :

Alkylphenol ethoxylate surfactants, in particular t he octylphenol and nonylphenol ethoxylates, are known to be toxic to aquatic speci es. We are aware that some Heavyduty Hand Cleaner or Soap (nonaerosol) products con tain these compounds. Because of this, ARB staff consulted with State Water Resou rces Control Board (SWRCB) staff to determine if continued use of these compounds co uld adversely affect water quality. Information provided to SWRCB staff indicates that alkylphenol ethoxylates were found

in measurable concentrations in the State’s receivi ng waters. Therefore, SWRCB staff expressed concern that any potential increased use of alkylphenol ethoxylate surfactants could adversely impact aquatic species (SWRCB, 2010a; SWRCB, 2010b; SCCWRP, 2010; and SFEI, 2010). In light of this fi nding, we are proposing a CEQA mitigation measure to ensure that use of alkylpheno l ethoxylate surfactants does not occur as products reformulate. As proposed, sectio n 94509(m)(3) would preclude use of alkylphenol ethoxylate surfactants in Heavy-duty Hand Cleaner or Soap (nonaerosol) products effective December 31, 2013. Further info rmation on this proposal, as well as the need, is contained in Chapters VI and IX.

Issues :

1. Issue : A proposed 1 percent by weight VOC limit for nonaer osol Heavy-duty Hand Cleaner or Soap products could result in an in crease in the use of LVPVOC ingredients. Substituting VOC ingredients with LVP-VOC ingredients would contribute to increased product residue left on han ds, making hands sticky or slippery. This potentially causes unsafe situation s for emergency response and utility workers out in the field without a source o f running water.

Response : Staff identified that one reformulation option is t o use more LVP-VOC ingredients. However, the commenter did no t provide sufficient information to staff to support their claims that s uch reformulated products would

result in more residue left on hands and lead to un safe situations. Use instructions on the labels indicate that products i ntended to be used without water are to be wiped off with paper towels or clot hs; this action should remove much of the residue from the hands. Complying towe lette products were also reported in the 2006 Survey. In addition, staff co ntacted representatives of potential users, including fire fighters, emergency medical technicians (EMT), and utility workers. Staff was told that these wor kers typically wear gloves when out on calls. According to the organizations conta cted by staff, firefighters do not take nonaerosol Heavy-duty Hand Cleaner or Soap pro ducts out on calls butTechnical Support Document Chapter V II - 81

would use such products to clean their hands upon t heir return to the station. EMTs do not take nonaerosol Heavy-duty Hand Cleaner or Soap out on calls. A utility representative indicated that the field wor kers do take nonaerosol Heavyduty Hand Cleaner or Soap products with them but us e of such products is limited because the workers would be wearing gloves

.

2. Issue : Products with 1 percent by weight VOC content would not meet the rigorous performance requirements of heavy-duty han d cleaners.

Response : Heavy-duty Hand Cleaner or Soap product is currentl y defined as a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer’s ink, paint, g raphite, cement, carbon, asphalt, or

adhesives from the hand with or without the use of water. According to label claims, many of the 113 complying products reported in the 2006 Survey are designed to clean or remove a variety of such soils

.

3. Issue : A proposed 1 percent by weight VOC limit for nonaer osol Heavy-duty Hand Cleaner or Soap products could result in an in crease in the use of abrasive ingredients. Increased amounts of abrasive ingredi ents will potentially be washed “down the drain,” impacting water treatment and increasing solid waste.

Response : Staff identified that a reformulation option is to use more abrasive ingredients. However, staff has no reason to belie ve that the reformulation of nonaerosol Heavy-duty Hand Cleaner or Soap products would have significant adverse impacts on water treatment or solid waste d isposal systems. Approximately 60 percent of the 113 products that c omply with the proposed VOC limit of 1 percent by weight contain abrasives with 12 products containing less than 1 percent by weight. About half of the c omplying products contain very little or no abrasive ingredients, indicating that product reformulations that do not rely on increase use of abrasives are just as likel y.

4. Issue : CSPA and its members have provided ARB staff with a counterproposal for a VOC limit of 5 percent by weight.

Response : As shown by the 2006 Survey, numerous products curr ently comply with staff’s proposed 1 percent by weight VOC limit and are available, and based on the sales data, are well accepted by consumers. In addition, the 30 percent complying market share, with 113 complying products out of 255 products, indicates that the proposed limit is both technolog ically and commercially

feasible.

5. Issue : An exemption of 5 percent by weight should be provi ded for ‘bio-based’

VOC solvents. These solvents are better for the en vironment than are petroleum-based solvents.Technical Support Document Chapter V II - 82

Response : Use of petroleum-based solvents is not the only r eformulation option. The data show that the proposed 1 percent limit is feasible using a variety of reformulation options. While some produ cts are currently formulated with bio-based solvents such as d-limonene, many ot her products do not contain

this VOC. Products can also be reformulated to mee t the 1 percent VOC limit without petroleum-based solvents. For example use of the LVP-VOC bio-based soy methyl ester solvents is a feasible reformulati on option. Products can also

be formulated without VOC or LVP-VOC solvents. Use of surfactants with water, and use of bio-based abrasives are also feasible op tions.



### G. Metal Polish or Cleanser

Metal Polish or Cleanser is defined as “any product designed or labeled to improve the appearance and/or protect finished metal, metallic, or metallized surfaces by physical or chemical action. To “improve the appearance” means to clean, remove, or reduce stains, impurities, or oxidation from surfaces or t o make surfaces smooth and shiny. “Metal Polish/Cleanser” includes, but is not limite d to metal polishes used on brass, silver, chrome, copper, stainless steel and other o rnamental metals. “Metal Polish/Cleanser” does not include “Automotive Wax, Polish, Sealant or Glaze,” “Tire or Wheel Cleaner,” “Paint Remover or Stripper,” produc ts designed and labeled exclusively for automotive and marine detailing, or products designed for use in degreasing tanks.”

A number of Metal Polish/Cleansers were reported fo r use on a single metallic surface. However, some Metal Polish/Cleansers are designed f or use on a variety of substrates

and are labeled as multi-surface Metal Polish/Clean sers.

Metal Polish/Cleansers were first regulated in 1997 (ARB, 1997b). Products were required to meet a VOC limit of 30 percent by weigh t, effective January 1, 2005. In the current rulemaking, we are proposing a further VOC reduction for Metal Polish/Cleansers. To maximize reductions, we are a lso proposing to divide the category into aerosol and nonaerosol product forms. We are also proposing to change the category name from Metal Polish/Cleanser to “Me tal Polish or Cleanser” to clarify that products making either claim are subject to th e VOC limits.

Table VII-13 below summarizes the sales and emissio ns of aerosol and nonaerosol Metal Polish or Cleanser products based on the resu lts of the 2006 Survey (ARB, 2007e). The data for the 227 reported products hav e been grown, by population, to 2010. As shown in Table VII-13, category sales for the 73 reported aerosol products are about 2,097 pounds per day. The 154 reported n onaerosol products have sales of about 10,522 pounds per day.Technical Support Document Chapter V II - 83 Table VII-13

Metal Polish or Cleanser

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Aerosol 73 2,097 437

Nonaerosol 154 10,522 409

Table VII-13 also shows the 2010 market-adjusted VO C emissions for aerosol products are 437 pounds per day, or about 0.22 tons per day. Table VII-13 also shows that the 2010 market-adjusted VOC emissions for nonaerosol p roducts are 409 pounds per day, or about 0.20 tons per day. Although not shown, th e sales-weighted average VOC content is about 21 percent by weight for aerosol p roducts and 4 percent by weight for nonaerosol products.

Product Use and Marketing :

As mentioned earlier, Metal Polish or Cleanser prod ucts are used to improve the appearance of finished metal, metallic or metalized surfaces by physical or chemical action. Metal Polish or Cleanser products remove d ust, fingerprints, tarnish, and many products claim to provide protection from future ta rnishing (CSPA, 2010a). Tarnish is the result of the reaction of metal surfaces with p ollutants in the air. Pollutants, such as nitrogen oxides, sulfur oxides and carbon monoxide, dissolve in the moisture in the air

to form acidic solutions. These acidic solutions f urther react with the metal surfaces to produce tarnish (CSPA, 2010a).

Because of the differences in metal hardness and us es, polishes are designed to work without scratching the metal (CSPA, 2010a). Silver and aluminum have a fairly soft surface. Brass, copper, bronze and pewter surfaces are considered to have

intermediate hardness. Soft and intermediate surfa ce cleaners remove soil build up and tarnish, and claim to leave a smooth polished surfa ce, and prevent further oxidation and

corrosion. Stainless steel and chrome surfaces are considered hard and more durable. Cleaners for these metals are designed to leave a s treak free appearance, remove soils, and leave a protective coating.

Metal Polish or Cleanser products are used in both household and institutional settings. These products are available in aerosols; liquids; semisolids, such as pastes or creams; and solids (ARB, 2007e).

A household consumer will use these products for a variety of cleaning and polishing needs around the home. Examples include, cleaning and polishing appliances, jewelry, flatware, fireplace accessories, home furnaces, met al surfaced or coated items, decorative trim, appliances, kitchen or bathroom fi xtures, brass doors, end plates, wall coverings and railings.Technical Support Document Chapter V II - 84

In institutional settings such as restaurants, hote ls, office buildings and hospitals, Metal Polish or Cleanser products are used to clean metal objects such as stainless steel surfaces, brass railings, brass fixtures, stovetops and decorative objects.

Metal Polish or Cleaner products that clean by phys ical action include liquids, semisolids and solids. These products require some physical scrubbing action to clean and shine the metallic substrate. Liquid products are usually applied using a moist cloth. After a short period of time the product is rinsed off with water and wiped or buffed off with a clean sponge or cloth. Semisolid s typically clean through abrasion. They are applied with a damp cloth, rubbed onto the substrate and then wiped or rinsed off with soap and water.

Metal Polish or Cleanser products that clean by che mical action are typically liquids and aerosols that have a higher VOC content. Generally , these products are applied using a clean soft cloth, allowed to dry after slight rub bing to loosen badly discolored areas, and polished with a soft, dry cloth. Some liquids are available as dips in which objects are placed into the container of liquid product, pu lled out and wiped or rinsed off to get a clean shiny appearance. Aerosol products, based on product labels, appear to be used for quick spot cleaning to get into hard to clean c revices. According to the 2006 Survey, aerosol products are more widely used in the instit utional market than the household market (ARB, 2007e).

Metal Polish or Cleanser products are sold at numer ous locations such as department stores, grocery stores, hardware stores, hobby shop s, warehouse stores, paint stores, and janitorial supply stores.

Product Formulation :

Metal Polish or Cleanser products are formulated wi th water and a variety of VOC ingredients. VOC ingredients reported include vari ous hydrocarbon solvents, alcohols, terpenes, and/or glycol ethers. Limited use of xyl enes and perchloroethylene was reported. A number of products also contain an LVP -VOC mineral oil which provides a protective coating on the surface. Some products a lso contain a small amount of fragrance. Depending on the function of the Metal Polish or Cleanser product, formulations may also include weak acids or ammonia . Ingredients, such as abrasive polishing agents, did not have to be speciated in t he 2006 Survey. However, review of product labels lists ingredients such as silica, di atomaceous earth, talc, chalk, pumice, or clay as the abrasive polishing agents. The type of abrasive polish agent used in products depends on the hardness of the metal to be polished.

The propellants reported for aerosol products are h ydrocarbon blends of propane, butane, and iso-butane. The range of propellant re ported is about 5 to 30 percent by weight.

A typical stainless steel cleaner product contains water, VOC hydrocarbon solvent, alcohol, d-limonene, fragrance, and an LVP-VOC mine ral oil. Use of acetone was alsoTechnical Support Document Chapter V II - 85

reported. The mineral oil deposits a protective co ating on the surface. A hydrocarbon propellant is typically used in the aerosol product form, however, a few products reported use of carbon dioxide.

A typical tarnish remover contains water, VOC hydro carbon solvent, alcohol, ammonia, LVP-VOC solvent, exempt compounds, clay or silica, acid, and/or fragrance. Hydrocarbon propellants are used in the aerosol pro duct form.

A typical polish contains water, VOC hydrocarbon so lvent, alcohol, glycol ether, LVPVOC mineral oil, abrasives such as pumice, clay, or silica, inorganic compounds, ammonia, acid, and/or fragrance. Hydrocarbon prope llants are typically used in the aerosol product form.

Proposed VOC Limit and Compliance :

The proposed VOC limit for aerosol Metal Polish or Cleanser products is 15 percent by weight. The proposed VOC limit for nonaerosol Meta l Polish or Cleanser products is 3 percent by weight. These VOC limits would become effective December 31, 2012. As shown in Table VII-14, using adjusted emissions, the proposed VOC limits would result in VOC emission reductions of approximately 440 pounds per day, or about 0.22 tons per day in 2012.

Table VII-14

Metal Polish or Cleanser Proposal

Product Form Proposed

VOC Limit (weight percent) Number of

Complying

Products Complying

Market Share (percent) 2012 Emissions

Reductions (pounds per day)

Aerosol 15 20 35 140

Nonaerosol 3 96 78 300

Table VII-14 also shows 35 percent of the market al ready complies with the proposed aerosol VOC limit of 15 percent by weight. For non aerosol products, 78 percent of the market complies with the proposed VOC limit of 3 pe rcent by weight.

A typical complying nonaerosol stainless steel clea ner contains up to 80 percent water, with the balance being a combination of grouped LVP -VOC and alcohol. A typical complying aerosol stainless steel cleaner contains similar ingredients with about 10 percent hydrocarbon propellant.

A typical complying tarnish remover contains up to 64 percent water. Other reported ingredients include inorganic compounds, clay, smal l amounts of ammonia, VOC hydrocarbon solvent, and fragrance. A typical comp lying aerosol tarnish remover contains similar ingredients with about 10 percent hydrocarbon propellant.Technical Support Document Chapter V II - 86

A typical complying polish contains about 50 percen t water. Other reported ingredients include inorganic compounds, silica, a small amount of mineral oil, a small amount of alcohol, and a weak acid. A typical complying aero sol polish contains similar ingredients with about 10 percent hydrocarbon prope llant.

We expect noncomplying products to reformulate usin g similar ingredients and technologies as the current complying products. Re formulation options include use of water, LVP-VOC hydrocarbon solvents, abrasives, VOC exempt compounds, or any

combination.

Proposal to Prohibit Use of Certain TAC Solvents :

We are proposing a CEQA mitigation measure to prohi bit the use of the chlorinated TAC solvents methylene chloride, perchloroethylene, and trichloroethylene in Metal Polish or Cleanser products. The prohibition of th ese three solvents is necessary, particularly for methylene chloride and perchloroet hylene, because they are exempt VOCs and could be used in reformulated products wit hout ‘counting’ toward VOC content. For this rulemaking, staff’s evaluation o f the 2006 Survey data show formulation technologies that do not contain methyl ene chloride, perchloroethylene, or trichloroethylene are readily available, and are no t needed to comply with the proposed limits. This provision would become effective on D ecember 31, 2012. More information on this proposal is contained in Chapter IX, Enviro nmental Impacts, Section E.

Proposed GWP Limit :

No compounds with GWP values at or above 150 were r eported in the 2006 Survey for this category. However, to ensure that use of comp ounds with higher GWP values does not begin as products reformulate to comply with th e proposed VOC limits, we are proposing a GWP limit of 150 for any chemical compo und used in Metal Polish or Cleanser products, effective December 31, 2012. Wh ile this proposal would allow use of the non-VOC propellant, HFC-152a, we believe oth er reformulation options are more likely. The proposed limit would not apply to any chemicals present as contaminants, which in aggregate are 0.1 percent by weight or les s. This limit is proposed as a mitigation measure under CEQA (see Chapter IX, Envi ronmental Impacts. Section E). The proposed limit is contained in section 94509(n)

.



### H. Oven or Grill Cleaner

“Oven Cleaner” products are designed to remove cook ed or baked-on food soils from the inside of oven surfaces or similar cooking surf aces. Nonaerosol Oven or Grill Cleaner products are currently subject to a 1 perce nt by weight VOC limit, which has been in effect since December 31, 2008. At that ti me Oven Cleaner products were primarily caustic products.

As part of the 2006 Survey, data for grill cleaning products was obtained. Our evaluation of the grill cleaner products indicates that these products are similarlyTechnical Support Document Chapter V II - 87

formulated and have similar functions to Oven Clean er products. Because they have similar functions we are proposing to add grill cle aning products into the existing Oven Cleaner category and rename the category to “Oven o r Grill Cleaner.” Products in this combined category are often labeled as: “Oven Clea ner,” “Oven or Grill Cleaner,” “Oven Cleaner and Heavy Duty Degreaser,” “Grill and Fryer Cleaner,” or “Grill Cleaner.”

During our evaluation we also learned that less har sh VOC technologies are available as alternatives to caustic products. These product s require a higher VOC content than would be allowed by the 1 percent VOC limit. There fore, we are proposing to increase the VOC limit for Oven or Grill Cleaner products sl ightly to allow for use of these

alternatives.

We are also proposing to clarify that an Oven or Gr ill Cleaner product making other general degreasing claims is a “General Purpose Deg reaser” product. Likewise, we are proposing to clarify that a Oven or Grill Cleaner p roduct making general cleaning claims is a “General Purpose Cleaner” product. The propos ed changes to the definition are shown below in strikethrough/underline format.

“Oven or Grill Cleaner” means any cleaning a product designed or labeled exclusively to

clean and to remove dried or baked on greases and/or food deposits from oven walls food preparation and/or food cooking surfaces. A p roduct that is labeled as an “Oven or

Grill Cleaner” that makes claims that it is suitabl e for degreasing other hard surfaces is a “General Purpose Degreaser.” A product that is l abeled as an “Oven or Grill Cleaner” that makes claims that it is suitable for cleaning other hard surfaces is a “General Purpose Cleaner.”

Surfaces likely to be soiled with baked-on greases and/or deposits that would require use of an Oven or Grill Cleaner product include: o vens, grills, broilers, deep fat fryers, rotisseries, stove hoods, exhaust vents, oven racks , bakery carts, or drip pans.

Oven Cleaner products were defined and regulated un der the Phase-I amendments approved by the Board in October 1990 (ARB, 1990). At that time, the Board approved an 8 percent by weight VOC limit for aerosol and pu mp spray product forms, and a 5 percent by weight VOC limit for liquid product fo rms. The VOC limits became effective on January 1, 1993.

At the November 16, 2006, hearing, the Board approv ed amendments to lower the VOC limit for nonaerosol Oven Cleaner products (thereby incorporating pump spray and liquid products into a single subcategory) to 1 per cent by weight, effective December 31, 2008. The 1 percent by weight VOC lim it for nonaerosol products was determined to be technologically and commercially f easible based on the data reported (ARB, 2004a). In addition, a prohibition on the us e of the TACs methylene chloride, perchloroethylene, and trichloroethylene was put in place.

Table VII-15 below, summarizes the sales and emissi ons from the Grill Cleaner products that we are incorporating into the Oven or Grill Cleaner categoryTechnical Support Document Chapter V II - 88

(ARB, 2007e). Data for the 111 reported products h ave been grown to 2010. As shown in Table VII-15, total Grill Cleaner product sales are about 32,898 pounds per day in

California.

Table VII-15

Oven or Grill Cleaner *

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Aerosol 21 1,868 162

Nonaerosol 90 31,030 479

*Data are for Grill Cleaner products only. Oven Cl eaner products were surveyed in 2003.

Table VII-15 also shows aerosol Grill Cleaner produ cts have estimated VOC emissions of 162 pounds per day, or about 0.08 tons per day i n California. Nonaerosol Grill Cleaner products have estimated VOC emissions of 47 9 pounds per day, or about 0.24 tons per day in California. Although not show n, the sales-weighted average VOC content is 8.7 percent by weight for aerosol produc ts and 1.4 percent by weight for nonaerosol products.

Product Use and Marketing :

Oven or Grill Cleaner products are sold through a v ariety of sales outlets including supermarkets, home centers, grocery stores, drug st ores, and by mass merchandisers. Oven or Grill Cleaner products are also sold to com mercial or institutional users through distributors or through direct sales by the manufac turer.

Products are used to remove food soils from househo ld, commercial, and industrial ovens and grills, as well as, other surfaces where polymerized food soils have accumulated. At normal cooking temperatures organi c deposits of fats, greases, oils, proteins, and carbohydrates are converted into a po lymerized film or mass of charred material. For removal, such polymerized or baked-o n deposits require use of Oven or Grill Cleaner products. Collectively, as used here , we are employing the term “polymerized food soils” to describe the types of s oils an Oven or Grill Cleaner product would be used to remove. Inorganic deposits of wat er, including insoluble salts of calcium, magnesium, iron, and manganese also requir e use of an Oven or Grill Cleaner to remove them. These deposits reduce heating effi ciency, increase fire hazards and cause unpleasant odors. Dirty ovens or grills also distort the food's flavor and aroma and can promote or support the growth of microorgan isms that can contaminate food or

other materials or surfaces.

Product labels, especially those for caustic produc ts, include precautionary recommendations to use protective eye goggles, and to wear long sleeves and rubber gloves when using the product. Directions for usin g products recommend protecting surfaces from overspray and to apply product to the bottom of the oven, then sides andTechnical Support Document Chapter V II - 89

top evenly. Labels also indicate Oven or Grill Cle aner products can be used in warm or cold ovens. Following application the product shou ld dwell for a period of time prior to wiping surface to remove materials.

Nonaerosol products are sold as ready-to-use (RTU) pump sprays or as liquid concentrates. Products can be applied using a brus h, sponge, grill pad, or pump spray. Applying the product using a pump spray allows the product to be applied to vertical, overhead or inclined surfaces. For this reason, ma ny liquid concentrate products

include dilution instructions for use in re-usable pump spray bottles.

Product Formulation :

Oven or Grill Cleaner products use compounds that p rovide alkalinity for saponification (alkali reacts with fats to form soluble soap) alon g with solvents and surfactants to remove polymerized food soils. Solvents penetrate greases and assist in depolymerizing reacted food soils. When surfactant s are present above the critical micelle concentration, they can act as emulsifiers that will allow a compound that is normally insoluble in water to dissolve.

The primary alkaline ingredients in Oven or Grill C leaner products continue to be the caustic alkalis, sodium and potassium hydroxide. T hese compounds react with fats, partially converting them into their sodium or pota ssium salts which are water-soluble and easily removable. Products often contain 30 pe rcent or more of sodium or potassium hydroxide.

Typical reported VOC solvents include 2-butoxyethan ol, monoethanolamine, isopropyl alcohol, ethyl alcohol, amino methyl propanol, and d-limonene. Typical reported LVPVOC solvents include diethylene glycol monobutyl et her, tripropylene glycol methyl ether, diethanolamine, and triethanolamine. Additi onal reported ingredients include sodium xylene sulfonate, alkylphenol ethoxylates, e thoxylated alcohols, tetrapotassium pyrophosphate, metallic carbonates, and metasilicat es.

Proposed VOC Limit and Compliance :

We are proposing to incorporate grill cleaning prod ucts into the Oven or Grill Cleaner category. To allow the previously unregulated gril l cleaner products the necessary time to reformulate, proposed subsection 94509(r) would specify that the VOC limits do not apply to these products until December 31, 2012.

Nonaerosol Oven Cleaner products are currently subj ect to a VOC limit of 1 percent by weight. When this limit was approved reported prod ucts relied on low or non-VOC caustic technologies. We have since learned of les s harsh technologies introduced to provide alternatives to caustic products. To accom modate the use of these technologies we are proposing to increase the curre nt VOC limit to 4 percent by weight for nonaerosol Oven or Grill Cleaner products. To expedite providing this alternative, as proposed, the limit revision would become effective when the amendments becomeTechnical Support Document Chapter V II - 90

legally effective. As shown in Table VII-16, this proposal results in a small emission reduction shortfall of 240 pounds per day, or about 0.1 tons per day. However, other reductions from this proposal would offset this cha nge. To arrive at the amount of VOC increase resulting from the proposal, data from the Oven Cleaner products surveyed in

2003 were considered.

Table VII-16 Oven or Grill Cleaner Proposal

Product Form Proposed VOC

Limit (weight percent) Number of

Complying

Products Complying

Market Share (percent) 2012 Emissions

Reductions (pounds per day)

Aerosol 8 18 87 > 0

Nonaerosol 4 81 99 - 240*

* Previously regulated oven cleaning products inco rporated to arrive at the emissions increase. Some of these oven cleaning products will reform ulate from 1 percent VOC by weight to 4 percent VOC by weight.

Table VII-16, also show 87 percent of the market al ready complies with the aerosol VOC limit of 8 percent. For nonaerosol products, 9 9 percent of the market complies with the proposed 4 percent VOC limit. We expect t he few noncomplying products to reformulate using ingredients less harsh than the c austic alkalis sodium or potassium hydroxide. Reformulated products would likely refo rmulate using LVP-VOC glycol ethers, ethanolamines, ethoxylated alcohols, metall ic carbonates, and meta-silicates.

Proposal to Prohibit Use of Alkylphenol Ethoxylate Surfactants :

Alkylphenol ethoxylate surfactants, in particular t he octylphenol and nonylphenol ethoxylates, are known to be toxic to aquatic speci es. We are aware that some Oven or Grill Cleaner products contain these compounds. Be cause of this, ARB staff consulted with State Water Resources Control Board (SWRCB) st aff to determine if continued use of these compounds could adversely affect water qua lity. Information provided to SWRCB staff indicates that alkylphenol ethoxylates were found in measurable concentrations in the State’s receiving waters. Th erefore, SWRCB staff expressed concern that any potential increased use of alkylph enol ethoxylate surfactants could adversely impact aquatic species (SWRCB, 2010a; SWR CB, 2010b; SCCWRP, 2010; and SFEI, 2010). In light of this finding, we are proposing a CEQA mitigation measure to ensure that use of alkylphenol ethoxylate surfac tants does not occur as products reformulate. As proposed, section 94509(m)(3) woul d preclude use of alkylphenol ethoxylate surfactants in Oven or Grill Cleaner pro ducts effective December 31, 2012. Further information on this proposal, as well as th e need, is contained in Chapters VI

and IX.Technical Support Document Chapter V II - 91



### I. Special-purpose Lubricant

The Special-purpose Lubricant category is not curre ntly regulated. We are proposing to define “Special-purpose Lubricant” as a lubricant d esigned or labeled as: a cutting or tapping oil; an anti-seize product; an open gear, c hain or wire lubricant; and products which claim to prevent and/or inhibit corrosion tha t makes a lubricating claim. The “Special-purpose Lubricant” category would not incl ude the other regulated categories “Multi-purpose Lubricant,” “Silicone-based Multi-pu rpose Lubricant,” “Penetrant,” products designed and labeled exclusively to releas e manufactured products from molds, and products designed or labeled to provide lubricity solely by depositing a thin film of graphite, molybdenum disulfide (“moly”), or polytetrafluoroethylene or closely related fluoropolymer (“teflon”) on surfaces.

Special-purpose Lubricants are used in household, a utomotive, institutional, and industrial settings on metal parts to reduce fricti on, heat and wear between moving parts. Products that lubricate may also secondaril y function to inhibit rust.

Table VII-17 below summarizes the sales and emissio ns from Special-purpose Lubricant based on the results of the 2006 Survey ( ARB, 2007e). Data have been grown, by population, to 2010. As shown, Special-p urpose Lubricant products have category sales of 29,600 pounds per day in Californ ia.

Table VII-17 Special-purpose Lubricant

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Aerosol 168 1,413 512

Nonaerosol 224 28,187 365

As shown in Table VII-17, Special-purpose Lubricant products are sold in both the aerosol and nonaerosol forms, with estimated VOC em issions of 877 pounds per day, or about 0.44 tons per day in California. Although not shown, the sales-weighted average VOC content of the aerosol and nonaerosol p roducts are 36 and 1 percent by weight, respectively.

Product Use and Marketing :

Special-purpose Lubricant products are used by prof essionals and do-it-yourselfers in specific applications. These products are used on tools, all kinds of machinery, construction equipment, automotive and marine engin es, and parts which need lubrication in order to function properly. They ar e also used for maintenance to reduce

wear and extend the usable life of the substrate be ing lubricated.Technical Support Document Chapter V II - 92

Special-purpose Lubricant products have specific pu rposes, for example, cutting and tapping oils. These oils are used on drills, saws, and taps to extend tool life. Machining operations (e.g., sawing, milling, tapping, drillin g, shaping, etc.) use various cutting oils depending on material. Besides lubricating, cuttin g and tapping oils also aid the cutting process by cooling or removing the heat generated d ue to friction between the tool and the surfaces. It can be a product which leaves a f ilm after application for lubrication, or it may also be a fluid which continuously flows ont o the moving parts to reduce heat and friction and improve tool efficiency.

Anti-seize lubricant products are typically used on machinery where seizing, fretting or galling of parts can be a problem due to extreme te mperature and/or pressure conditions. Application of these products is espec ially important in environmentally adverse conditions such as high humidity and salini ty, and acidic atmospheres. Antiseize lubricant products contain powdered metallic additives such as zinc, copper, aluminum, and nickel or nonmetallic materials such as molybdenum disulfide, graphite,

zinc oxide or calcium oxide. These additives enabl e the product to prevent the metal parts from seizing. A combination of these solid l ubricating agents results in different high temperature limits and lubricities to suit spe cific needs.

In some applications rust preventative lubricant pr oducts are used to improve corrosion resistance to allow parts to be subsequently disass embled in a variety of settings.

These formulas are also used to break down rust and corrosion, to free plumbing, rusted bolts and other fittings, release jammed or locked mechanisms, and corroded parts. Typically, these lubricants form a thin, an ti-rust, nondrying film by displacing moisture which protects various metal surfaces.

Open gear, chain or wire lubricants penetrate, prot ect and preserve open gears, chains, bars, wire ropes, cables, hoists, pulleys, conveyor s, forklifts, elevators, overhead door drives with minimum "throw-off" from centrifugal fo rce.

Some products proposed for inclusion in the Special -purpose Lubricant category also makes claims that they are suitable in situations w here there may be direct or indirect contact with food. These ‘food grade’ lubricants w ould be included in the category.

Special-purpose Lubricant products are sold primari ly in hardware stores, automotive parts stores, and industrial supply houses. These products are also sold through distributors or through direct sales by the manufac turer to industrial or institutional

users.

Product Formulation :

As reported in the 2006 Survey, Special-purpose Lub ricant product formulations are typically composed of petroleum base oils. Petrole um distillates such as naphthenic and aliphatic hydrocarbons serve as the carrier flu id. Limited use of trichloroethylene, methylene chloride, or perchloroethylene was report ed.Technical Support Document Chapter V II - 93

The VOC content of products in this category ranges from 0 to 100 percent by weight for both aerosol and nonaerosol products, with a sa les-weighted average VOC content of 36 and 1 percent by weight for aerosol and nonae rosol products, respectively.

Special additives such as PTFE, greases, and powder ed metals are sometimes used to accomplish the lubrication, depending on the applic ation.

For aerosol products, hydrocarbon propellant (such as propane, butane, iso-butane) is most often used. In some cases carb on dioxide (CO 2 ) is used.

Proposed VOC Limit and Compliance :

The proposed VOC limit for Special-purpose Lubrican t products is 25 percent by weight for aerosols and 3 percent by weight for nonaerosol s, effective December 31, 2012. As shown in Table VII-18, using emissions adjusted to 2012, the proposed limits for the category will result in an estimated emission reduc tion of 461 pounds per day, or about 0.23 tons per day statewide.

Table VII-18 Special-purpose Lubricant Proposal

Product Form Proposed VOC

Limit (weight percent) Number of

Complying

Products Complying

Market Share (percent) 2012 Emissions

Reductions (pounds per day)**

Aerosol 25 64 47 207

Nonaerosol 3 166 97 254

Table VII-18 also shows that 47 percent of the aero sol market currently complies with the proposed 25 percent VOC limit, and 97 percent o f the nonaerosol market complies with 3 percent VOC limit. Complying aerosol and no naerosol products are already sold in each type of lubricant proposed for consolidatio n into the Special-purpose Lubricant
category.

Staff has determined that reformulation to the prop osed limits is technologically and commercially feasible. As shown in Table VII-18, t he majority of nonaerosol products in this category already meet the proposed 3 percent l imit. Additionally, the 47 percent complying market share demonstrates that aerosol pr oducts with VOC content at or below 25 percent are already available and well-acc epted by consumers

.

Reformulation options that can be used by manufactu rers to meet the proposed limit include using LVP-VOC hydrocarbon solvents and acet one. Acetone is currently used in several Special-purpose Lubricant product formul ations at a level of 10 to 50 percent. Another reformulation option is to use a non-VOC pr opellant such as CO 2 as a replacement for hydrocarbon propellants. CO 2 may also be used in combination with hydrocarbon propellants along with LVP-VOC or non-V OC solvents. However, becauseTechnical Support Document Chapter V II - 94

CO 2 typically only constitutes about 2 to 5 percent of the overall formulation, additional reformulation techniques must be used in order to a chieve compliance. We expect that manufacturers will meet the proposed limit by using formulation technologies similar to complying products.

Proposal to Prohibit Use of Certain TAC Solvents :

We are proposing a CEQA mitigation measure to prohi bit the use of the chlorinated TAC solvents methylene chloride, perchloroethylene, and trichloroethylene. The prohibition of these three solvents is necessary, p articularly for methylene chloride and perchloroethylene, because they are exempt VOCs and could be used in reformulated products without ‘counting’ toward VOC content. Th e prohibition would become effective on December 31, 2012. Survey data show t hat the proposed limits can be met without the use of these compounds. More information on this proposal is contained in Chapter IX, Environmental Impacts, section E.

Proposed GWP Limit :

No compounds with GWP values above 150 were reporte d in the 2006 Survey for this category. However, to ensure that use of compounds with higher GWP values does not begin as products reformulate to comply with the pr oposed VOC limits, we are proposing a GWP limit of 150 for any chemical compo und used in Special-purpose Lubricant products, effective December 31, 2012. W hile this proposal would allow use of the non-VOC propellant, HFC-152a, we believe oth er reformulation options are more likely. The proposed limit would not apply to any chemicals present as contaminants, which in aggregate are 0.1 percent by weight or les s. This limit is proposed as a mitigation measure under CEQA (see Chapter IX, Envi ronmental Impacts, section E). The proposed limit is contained in section 94509(n)

.

Issues :

1. Issue : Every kind of Special-purpose Lubricant cannot be accommodated by one VOC limit.

Response : All subcategories of Special-purpose Lubricant hav e been thoroughly evaluated and the proposed VOC limits ha ve been found to be technologically and commercially feasible. Complyi ng products were available in every surveyed subcategory in aerosol and nonaeroso l forms.



### J. Spot Remover (Dry Clean Only)

In the Consumer Products Regulation, “Spot Remover” means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, or clothing, that does not require subsequent laundering to achieve stain removal. “Dry Cleaning Fluid,” “Laun dry Prewash,” and “aerosol products labeled solely for gum removal” are excluded from t he definition of “Spot Remover.”Technical Support Document Chapter V II - 95

Spot Remover products that are used at dry cleaners and other commercial launderers for spot-cleaning and stain removal have been consi dered "Dry Cleaning Fluid" products. Therefore, these products have not been regulated under the category of "Spot Remover."

Spot Remover products were first regulated in 2001, when VOC limits of 25 percent by weight for the aerosol form and 8 percent by weight for the nonaerosol forms were adopted. In 2008, the Board approved amendments to lower the VOC limit for the aerosol form of Spot Remover products to 15 percent by weight, and the nonaerosol form to 3 percent VOC by weight. A prohibition on use of the TACs methylene chloride, perchloroethylene, and trichloroethylene, was also approved. These requirements are to become effective December 31, 2010 (ARB, 2009d).

To evaluate whether the exemption for Spot Remover (Dry Clean Only) products was still necessary, companies that sold spotting chemi cals to dry cleaning establishments, or that sold household “dry cleaning” products, wer e surveyed for their 2008 California sales. The survey was titled, “2008 Survey Update for Dry Clean Only Spot Removers” (2008 Survey Update). The survey data review indic ates that the exemption is no longer necessary. Therefore, ARB staff is proposin g to remove the exclusion. This would mean that Spot Remover (Dry Clean Only) produ cts would be subject to the VOC limits already in place.

Spot Remover (Dry Clean Only) products are also ref erred to in this section as “spotting agents,” “spotters,” or “spotting chemicals.” Thes e products are formulated to remove localized spots or stains on fabrics labeled for “d ry clean only,” or on “S-coded fabrics,” such as clothing, rugs, curtains, or other similar items that can be cleaned by a commercial dry cleaning establishment or profession al laundry facility. A few ‘home use’ products are available to the general public. “S-coded fabrics” refer to fabrics specified by the Joint Industry Fabric Standards Co mmittee to be cleaned only with water-free spot cleaning products. Spotting chemic als may be intended for one type of stain, or for several (ARB, 2008a; and SCRDC, 2010) . Industry separates spotting agents into two main categories: “dry-side” and “w et-side” (U.S. EPA, 1998b).

As their names imply, dry-side spotting agents are for garments and items that would be washed with nonaqueous solvents , i.e., intended for a typical nonaqueous, solventbased dry cleaning machine such as a perchloroethyl ene or hydrocarbon system. Dryside spotters are for removing oil-based stains and spots, including but not limited to paint, grease, tar, and nail polish.

Wet-side spotting agents are for stains that are wa ter-based, including but not limited to perspiration, grass stains, blood, certain foods orbeverages, mustard and other plantbased stains. Some spotters are for both wet and d ry-side stains.

To clarify the products that would be included or e xcluded from the definition of Spot Remover, staff is proposing modifications to three definitions. The proposed changes are presented in strikeout/underline format for eas e of reviewing the edits.Technical Support Document Chapter V II - 96

1. Proposed modification to the definition of Spot Remover:

“Spot Remover” means any product labeled to clean l ocalized areas, or remove localized spots or stains on cloth or fabric such a s drapes, carpets, upholstery, or clothing, that does may or may not require subsequent laundering to achieve stain removal. “Spot Remover” includes spotting ag ents used by commercial launderers and dry cleaners. “Spot Remover” does not include “Dry Cleaning
Fluid,” “Laundry Prewash, ” or aerosol products labeled solely for gum remova l.

This modification is necessary to clarify that spot ters used at commercial launderers and dry cleaners are considered "Spot Remover" prod ucts.

2. Proposed modification to the definition of Dry C leaning Fluid:

“Dry Cleaning Fluid” means any non

- aqueous liquid product nonaqueous solvent that is (A) used in dry-cleaning machines at commer cial dry cleaners or used by

commercial businesses that clean fabrics such as dr aperies at the customer’s residence or work place; and (B) is designed and labeled exclusively to clean for

use on : (1) fabrics which are labeled “for dry clean onl y,” such as clothing or drapery; or (2) “S-coded” fabrics. “Dry Cleaning F luid” includes, but is not limited to, those products used by commercial dry cleaners and commercial businesses

that clean f abrics such as draperies at the customer’s residenc e or work place. “Dry Cleaning Fluid” does not include “Spot Remover ” or “Carpet/Upholstery Cleaner.” For the purposes of this definition, S-c oded fabric means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee.”

This modification is intended to clarify that “Dry Cleaning Fluid” means only the solvent used in dry cleaning machines. Spotting chemicals would no longer be considered "Dry Cleaning Fluid" products.

3. Proposed modification to the definition of Laund ry Prewash:

“Laundry Prewash” means a product that is designed for application to a fabric prior to laundering in a wet-cleaning process , and that supplements and contributes to the effectiveness of laundry deterge nts and/or provides specialized performance.

This modification is intended to clarify that a “La undry Prewash” is a product used in a cleaning process that uses water as the solvent.

Table VII-19 below summarizes the sales and emissio ns, grown to 2010, for Spot Remover (Dry Clean Only) products (ARB, 2009e). To tal category sales are about 860 pounds per day, or 0.43 tons per day in Califor nia.Technical Support Document Chapter V II - 97 Table VII-19 Spot Remover (Dry Clean Only) *

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Aerosol ** < 5 < 10 < 10

Nonaerosol 49 860 350

* Based on 2008 Dry Clean Only Spot Remover Survey (ARB, 2009e). ** Data estimated to preserve confidentiality.

As shown in Table VII-19, Spot Remover (Dry Clean O nly) products are sold in both the aerosol and nonaerosol forms, with total estimated VOC emissions of 350 pounds per day, or about 0.17 tons per day in California. Alt hough not shown, the sales-weighted average VOC content for the aerosol and nonaerosol Spot Remover (Dry Clean Only) product forms is about 25 and 40 percent by weight, respectively.

Product Use and Marketing :

Spot Remover (Dry Clean Only) products are used by commercial laundering or dry cleaning establishments, for cleaning localized spo ts, stains, and soiled areas on items which include, but are not limited to, articles of clothing labeled “dry clean only;” delicate fabrics, leather items such as jackets, belts, and purses; window coverings, and rugs.

Articles that can be laundered are cleaned in a dry cleaning or wet-cleaning machine after “pre-spotting” with the spot remover product. Pre-spotting involves the article being placed on the establishment’s “spotting board ,” where the spotting chemical is applied to the stain or spot, the area may be agita ted with a brush or spatula, then the article may be left to sit a few minutes before lau ndering in the dry cleaning machine or washing machine. The spotting chemical is not allo wed to dry before the article goes into the machine for laundering.

If an article is unsuitable for laundering, such as a purse or belt, it would undergo the same procedure as an article that still has a spot or stain after the machine cleaning, called “post-spotting.” Post-spotting is a procedu re where the spotting chemical is applied to a spot or stain, agitated with a brush o r spatula, then may be blotted dry, or rinsed with a solvent, water, or steam, if appropri ate. The article is then air-dried. The spotting chemical or rinse is intended to evaporate after use without leaving a residue.

The article does not then need to be re-cleaned aft er the post-spotting application (ARB, 2009e).

Spot Remover (Dry Clean Only) products are typicall y sold to dry cleaning establishments and professional laundering faciliti es through the products’ manufacturers and their distributors. Marketing is done through catalogs, trade magazines, and on the Internet. Only a few product s are intended for the household

market.Technical Support Document Chapter V II - 98

Product Formulation :

Dry-side spotting agents are mainly formulated with nonaqueous solvents, meaning they have little or no water content. In the 2008 Survey Update, the most common reported ingredients include trichloroethylene, gly col ethers, amyl and butyl acetate, methyl isobutyl ketone, and VOC hydrocarbon solvent s. A small amount of methylene chloride was reported. Some complying dry-side spo tting agents contain LVP-VOC hydrocarbon solvents and LVP-VOC glycol ethers.

Wet-side spotting agents are generally water-based products containing ingredients such as glycol ethers, surfactants, enzymes, and va rious inorganic cleaning compounds. Ingredients vary depending on the types of spots and stains to be removed, although many products are formulated for general use to address several types of stains. A common VOC ingredient is ethyle ne glycol monobutyl ether which is used to treat many oil-based and water-based stains . LVP-VOC glycol ethers are also used (ARB 2009e).

Many complying products reported in this category w ere wet-side spotting agents. Technically these water-based products do not meet the definition of “Dry Cleaning Fluid.” From this observation, we infer there has already been a shift in the market due to phase-out of perchloroethylene from dry cleaning operations, as required by the

Airborne Toxic Control Measure for Emissions of Per chloroethylene from Dry Cleaning and Water-Repelling Operations (ARB, 2007b).

The aerosol products were consistent in formulation with the Spot Remover products that are currently regulated. The reported emissio ns from the aerosol products were negligible compared to the nonaerosol products (ARB , 2009e).

The reported nonaerosol products were generally liq uids dispensed from a jar, can, tube, or squeeze-tube. Most low-VOC products were water-based, and formulations included LVP-VOC ingredients, such as surfactants a nd LVP-VOC glycol ethers, and inorganic ingredients. Some products were sold in concentrated liquid form. Specialized products also exist in this category. For example, products containing nonVOC inorganic acids or bases are used to remove rus t and certain water-based stains (ARB, 2009e).

Proposed Limits and Compliance :

ARB staff is proposing to incorporate Spot Remover (Dry Clean Only) products into the currently regulated Spot Remover category. As such , aerosol and nonaerosol spotting products would need to comply with the 15 percent b y weight and 3 percent by weight VOC limits, respectively. These VOC limits for Spo t Remover products are to become effective December 31, 2010. To provide industry w ith the necessary time to reformulate the newly added products to meet the li mits, we believe extending the effective date is appropriate; it would be difficul t, from an enforcement perspective, to discern currently regulated products from those bei ng newly added. Therefore, we areTechnical Support Document Chapter V II - 99

proposing to extend the effective date for two year s, until December 31, 2012. This proposal would result in delaying 573 pounds per da y, or about 0.29 tons per day of

VOC emission reductions until the end of 2012.

As shown in Table VII-20, using emissions adjusted to 2012, the proposed limits for the category will result in an estimated emission reduc tion of 340 pounds per day, or about 0.17 tons per day statewide.

Table VII-20

Spot Remover (Dry Clean Only) Proposal *

Product Form Proposed

VOC Limit (weight percent) Number of

Complying

Products Complying

Market Share (percent) 2012 Emissions

Reductions (pounds per day)

Aerosol ** 15 < 5 < 5 < 3

Nonaerosol 3 16 46 340

* Based on 2008 Dry Clean Only Spot Remover Survey Update (ARB, 2009e). ** Data estimated to preserve confidentiality.

The staff report for the 2008 CONS-II amendments pr ovides information on commercially and technologically feasible reformula tion options for aerosol Spot Remover (Dry Clean Only) products to meet the 15 pe rcent by weight VOC limit (ARB, 2008a). Non-VOC propellant options are available, which would allow reformulated products to contain up to 15 percent by weight VOC solvent such as ethylene glycol monobutyl ether. A combination of VOC hydrocarbon propellant with LVP-VOC solvents, inorganic ingredients, or exempt compound s is another viable alternative to reformulate dry-side spotting agents.

The proposed VOC limit for nonaerosol Spot Remover (Dry Clean Only) products would allow up to 3 percent by weight VOC ingredien ts such as ethylene glycol monobutyl ether. The balance would be primarily wa ter along with LVP-VOC solvents, surfactants, enzymes, inorganic compounds, or other exempt compounds (ARB, 2009e). In its report on alternative spottin g chemicals tested in dry cleaning establishments, the Institute for Research and Tech nical Assistance found several

nonaerosol formulations that were effective and met the proposed 3 percent by weight VOC limit (IRTA, 2009).

Additionally, at the end of 2010, prohibitions on t he use of the TACs methylene chloride, perchloroethylene, trichloroethylene were to become effective. The newly added spotting products would also be subject to th ese prohibitions. The proposal to extend the effective date to December 31, 2012, wou ld apply to these provisions as

well.Technical Support Document Chapter V II - 100

Proposal to Prohibit Use of Certain TAC Solvents :

“Spot Remover” products that are currently regulate d are subject to a prohibition on use of methylene chloride, perchloroethylene, and trich loroethylene. We are proposing to prohibit the use of the chlorinated TAC solvents me thylene chloride, perchloroethylene, and trichloroethylene in these newly added products . The prohibition of these three solvents is necessary, particularly for methylene c hloride and perchloroethylene, because they are exempt VOCs and could be used in r eformulated products without ‘counting’ toward VOC content. The provision would become effective on December 31, 2012. Staff’s evaluation of the 2008 Survey Update data show formulation technologies that do not contain methyl ene chloride, perchloroethylene, or trichloroethylene are readily available, and are no t needed to comply with the proposed

standard. More information on this proposal is contained in C hapter IX, Environmental Impacts, section E.

Proposed GWP Limit :

A small amount of hydrochlorofluorocarbon-141b (HCF C-141b) was reported. However, we have since learned that products contai ning this compound are no longer sold in California. Other than HCFC-141b, no compo unds with GWP values at or above 150 were reported in the 2008 Survey Update for thi s category. However, to ensure that use of compounds with higher GWP values does n ot begin as products reformulate to comply with the proposed VOC limits, we are prop osing a GWP limit of 150 for any chemical compound used in Spot Remover (Dry Clean O nly) products, effective December 31, 2012. While this proposal would allow use of the non-VOC propellant, HFC-152a, we believe other reformulation options ar e more likely. The proposed limit would not apply to any chemicals present as contami nants, which in aggregate are 0.1 percent by weight or less. This limit is proposed as a mitigation measure under CEQA (see Chapter IX, Environmental Impacts, section E). The proposed limit is contained in section 94509(n).

Issues :

1. Issue : Some dry cleaning establishments are using spotting chemicals that contain the solvent normal-propyl bromide (n-PB). The Bay Area Air Quality Management District banned this chemical from dry c leaning spotters in its jurisdiction, and ARB should do the same because of n-PB’s potential reproductive and neurotoxic effects.

Response : The chemical n-PB is a VOC. As such, ARB staff has determined that the VOC limits are sufficiently low such that use of n-PB, if any, will be negligible. Therefore, a prohibition is not needed

.Technical Support Document Chapter V II - 101



### K. Wasp or Hornet Insecticide (aerosol)

“Wasp or Hornet Insecticide” means any insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by a llowing the user to spray from a

distance a directed stream or burst at the intended insects, or their hiding place. The Wasp or Hornet Insecticide category does not includ e products that are used to repel

these insects.

Aerosol Wasp or Hornet Insecticide products are cur rently subject to a 40 percent by weight VOC limit, which has been in effect since Ja nuary 1, 2005. Wasp or Hornet Insecticide products were first regulated under the “Midterm-measures II” amendments approved in October 1999. A description of these p roducts is included in the staff report for that rulemaking (ARB, 1999).

The 2006 Survey provides the basis for our determin ation that it is technologically and commercially feasible to further reduce VOCs from t hese products. Based on these data, staff is proposing to lower the VOC limit for aerosol Wasp or Hornet Insecticide products to 10 percent by weight. We are also prop osing to change the category name from “Wasp and Hornet Insecticide” to “Wasp or Horn et Insecticide” and limit the use of compounds with higher GWP values.

Product Use and Marketing :

Table VII-21 summarizes the sales and emissions fro m aerosol Wasp or Hornet Insecticide products (ARB, 2007e). The data have b een grown, by population, to 2010. As shown in Table VII-21, the 56 aerosol Wasp or Ho rnet Insecticide products reported have estimated category sales of 6,112 pounds per d ay in California.

Table VII-21 also shows the 2010 market-adjusted VO C emissions are 618 pounds per day, or about 0.31 tons per day in California. Alt hough not shown, the sales-weighted average VOC content for this category is 10.1 perce nt by weight, excluding fragrance.

Table VII-21 Wasp or Hornet Insecticide

Product Form Number of

Products 2010

Category Sales (pounds per day) 2010 Market-Adjusted

VOC Emissions (pounds per day)

Aerosol 56 6,112 618

Product Use and Marketing:

Aerosol Wasp or Hornet Insecticide products are use d by household consumers and institutional consumers, such as utility or telecom munication company’s workers. These products must enable the user to knockdown and kill the insects rapidly to avoid attack.Technical Support Document Chapter V II - 102

Most products dispense the insecticide in a liquid jet stream while a few produce a foam

which blankets the insect or nest.

Wasp or Hornet Insecticide products can be purchase d through supermarkets, drug stores, discount stores, mass merchandisers, hardwa re stores, garden and landscape supply stores, warehouse stores, and home centers. Consumers may also purchase products through catalog sales and the Internet.

Wasp or Hornet Insecticide products sold within Cal ifornia must be registered with California’s DPR in addition to being FIFRA registe red. These registrations are designed to thoroughly evaluate the insecticide pro duct to ensure it meets both federal and State requirements to protect public health and the environment. As part of the registration process, the efficacy data are reviewe d to validate the spectrum of activity. The Consumer Products Regulation allows FIFRA regis tered products an additional year for compliance to allow the necessary time to complete the registration.

Control of wasps or hornets is sometimes difficult because if they are not killed quickly they may become agitated and attack the user. The object is to kill all of the wasps or hornets in the nest quickly and completely. The in gredients in aerosol Wasp or Hornet Insecticide products are similar to crawling bug in secticides. However, aerosol Wasp or Hornet Insecticide products have unique propellant and aerosol hardware systems to produce a jet-type spray that reaches from ten to o ver twenty feet. This allows the user to spray the insecticide into inaccessible nests lo cated in areas such as rooftops or

trees. Products available can deliver the insectic ides with a 22 foot foam blast. This allows users to stand back and “lock” the wasps or hornets inside their nest with a

blanket of foam. It is recommended that users wear protective clothing and attempt to eradicate wasps or hornets in early morning or late afternoon/evening when the insects are at rest (ARB, 1997b; CSPA, 2010a; Claire, 2010)

.

Product Formulation :

Pesticide products contain both "active" and "inert " ingredients. The terms "active ingredient" and "inert ingredient" have been define d by FIFRA since 1947. The U.S. EPA defines an active ingredient as one that p revents, destroys, repels or mitigates a pest, or is a plant regulator, defolian t, desiccant or nitrogen stabilizer. By law, the name and percentage of the active ingredie nt must be identified and displayed on the product label.

An inert ingredient is defined by U.S. EPA as any s ubstance (or group of structurally similar substances if designated by U.S. EPA), othe r than an active ingredient, which is intentionally included in a pesticide product. Ine rt ingredients play a key role in the effectiveness of a pesticide product. For example, inert ingredients may serve as a solvent, allowing the pesticide's active ingredient to be delivered to the target pest. In some instances, inert ingredients are added to exte nd the pesticide product's shelf-life or to protect the pesticide from degradation due to exposure to sunlight. Pesticide products can contain more than one inert ingredient , but federal law does not requireTechnical Support Document Chapter V II - 103

that these ingredients be identified by name or per centage on the label. Only the total percentage of inert ingredients is required to be o n the pesticide product label (U.S. EPA, 2003b; U.S. EPA, 2010a).

In this rulemaking, our proposal does not directly affect the active ingredients to be used. The proposal is intended to only affect the use of inert ingredients that are VOCs and compounds with higher GWP values in Wasp or Hor net Insecticide products.

Active Ingredients :

As shown on product labels, the active ingredients make up only a small portion of Wasp or Hornet Insecticide product formulations. T ypically about 1 percent by weight of active ingredients is used. Based on data from the 2006 Survey, the active ingredients found in Wasp or Hornet Insecticide products are py rethroids and the synergists piperonyl butoxide, and N-octyl bicycloheptene dica rboxmide (MGK-264). According to U.S. EPA, the synergists have no pesticidal effects of their own but enhance the effectiveness of pyrethrins and pyrethroids (U.S. E PA, 2010b).

Inert Ingredients :

The bulk of the Wasp or Hornet Insecticide product formulation consists of the inert ingredients, such as propellants, solvents, and co- solvents. The propellants are typically hydrocarbon blends or compressed gases su ch as carbon dioxide (CO 2 ). Solvents and co-solvents include VOC and LVP-VOC pe troleum distillates, water, emulsifiers, surfactants, or corrosion inhibitors ( ARB, 2007e; ARB, 1997b; AgrEvo, 2010).

Emulsifiers, surfactants, and corrosion inhibitors are typically present in small amounts in the product formulation. Some inert ingredients are used to solubilize the actives, and aid the mixing of actives to create a homogeneo us liquid that can be sprayed. Solvents and co-solvents may be used to increase th e vapor pressure in a product, and, along with the aerosol container, valve, and nozzle , to control spray pattern.

The most frequently used inert ingredients reported in the 2006 Survey include water, mineral spirits, propane, propylene glycol n-butyl ether, n-butane, petroleum distillates and synthetic paraffinic hydrocarbons. LVP-VOC gly cols, such as dipropylene glycol and propylene glycol, were also reported in the 200 6 Survey for some of the Wasp or Hornet Insecticides products. The majority of the products did not report the use of fragrance mixtures.

Propellants :

Propellant blends used vary depending on the formul ation. According to the 2006 Survey, propellant content in Wasp or Hornet Insect icide products ranged from 1 percent to about 10 percent of product weight. The propellants used include hydrocarbon blends of n-butane, iso-butane, and pro pane. Over 70 percent of theTechnical Support Document Chapter V II - 104

product formulations reported the use of CO 2 . No VOC exempt propellants were reported.

Proposed VOC Limit and Compliance :

The proposed VOC limit for aerosol Wasp or Hornet I nsecticide products is 10 percent by weight, effective December 31, 2013. As shown in Table VII-22, the proposed 10 percent by weight VOC would result in e mission reductions of 286 pounds per day, or about 0.14 tons per day, statewide in 2 014. The emission reduction is estimated for 2014 because products requiring FIFRA registration are given an extra year, as specified in section 94509(d), from the pr oposed effective date to comply. This reduction, although important to overall air qualit y, will not occur within the timeframe to

be credited toward the current SIP commitment.

Table VII-22 Wasp or Hornet Insecticide Proposal

Product Form Proposed VOC

Limit (weight percent) Number of

Complying

Products Complying

Market Share (percent) 2014 Emissions

Reductions (pounds per day)

Aerosol 10 38 60 286

As shown in Table VII-22, 38 products reflecting 60 percent of the market for aerosol Wasp or Hornet Insecticide products already comply with the proposed 10 percent by weight VOC limit. This indicates that further redu ctions can be achieved from this category and that the proposed VOC limit is both te chnologically and commercially

feasible.

Compliance with the proposed 10 percent by weight V OC limit is expected to be accomplished by reformulating products with up to 1 0 percent VOC solvent or VOC propellant along with VOC and LVP-VOC solvent mixtu res, water, or non-VOC propellant. These technologies are currently avail able and widely accepted in both the household and institutional markets as shown by the 2006 Survey. In addition, the 2006 Survey indicates that companies will be able to mai ntain their dielectric strength and knockdown capabilities using an LVP-VOC only solven t system.

Proposed GWP Limit :

No solvents or propellants with high GWP values wer e reported in the Wasp or Hornet Insecticide category surveyed in 2006. However, to ensure that use of compounds with higher GWP values does not begin as products reform ulate to comply with the proposed 10 percent by weight VOC limit, we are proposing a GWP limit of 150 for any chemical compound used in aerosol Wasp or Hornet Insecticide products, effective December 31, 2013. While this proposal would allow use of the non-VOC propellant, HFC-152a, we believe other reformulation options ar e more likely. The proposed limit would not apply to any chemicals present as contami nants, which in aggregate areTechnical Support Document Chapter V II - 105

0.1 percent by weight or less. This limit is propo sed as a mitigation measure under CEQA (see Chapter IX, Environmental Impacts, sectio n E). The proposed limit is contained in section 94509(n).

REFERENCES

1. AgrEvo Environmental Health. Aerosol Insecticide s – A technical review . June 23, 2010. (AgrEvo, 2010)

2. Air Resources Board. Title 17, California Code o f Regulations, Division 3, Chapter 1, Subchapter 8.5, Article 2, Consumer Prod ucts, Sections 94507-94517 (California Consumer Products Regulation . July 2009. (ARB, 2009d)

3. Air Resources Board. 2008 Consumer & Commercial Products Survey Update for Dry Clean Only Spot Removers . January 14, 2009. (ARB, 2009e)

4. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation . May 9, 2008. (ARB, 2008a)

5. Air Resources Board. Airborne Toxic Control Meas ure for Emissions of Perchloroethylene from Dry Cleaning and Water-Repel ling Operations

. December 27, 2007. (ARB, 2007b)

6. Air Resources Board. 2006 Consumer and Commercia l Products Survey (Including Aerosol Coating Products) . July 24, 2007. (ARB, 2007e)

7. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation and the Aerosol Coatings Regulation . September 29, 2006. (ARB, 2006a)

8. Air Resources Board. 2003 Consumer and Commercia l Products Survey

. November 2004. (ARB, 2004a)

9. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation: Midter m Measures II

. September 10, 1999. (ARB, 1999)

10. Air Resources Board. Final Statement of Reasons for Rulemaking, Including Summary of Comments and Agency Responses Public Hea ring to Consider Adoption of Amendments to the California Consumer P roducts Regulation -

Midterm Measures I . July 24, 1997. (ARB, 1997a)

11. Air Resources Board. Initial Statement of Reaso ns for Proposed Amendments to the California Consumer Products Regulation: Midter m Measures I

. June 6, 1997. (ARB, 1997b)Technical Support Document Chapter V II - 106

12. Air Resources Board. Proposed Amendments to the Statewide Regulation to Reduce Volatile Organic Compound Emissions from Con sumer Products – Phase II – Staff Report . October, 1991. (ARB, 1991)

13. Air Resources Board. Proposed Regulation to Red uce Volatile Organic Compound Emissions from Consumer Products – Staff R eport

. August 1990. (ARB, 1990)

14. California Department of Public Health. Health Benefits . Memorandum dated September 16, 2010, from Gilberto Chavez, M.D., M.P .H., State Epidemiologist, Deputy Director, Center for Infectious Diseases, to Richard Corey, Chief, Stationary Source Division, Air Resources Board. (C A DPH, 2010)

15. ChemistryQuestion.com. The difference between a nionic and nonionic surfactant, and its application to detergent . July 30, 2008. http://www.chemistryquestion.com/English/Questions/ ChemistryInDailyLife/27c_n
onionic_surfactant.html . (CQ, 2008)

16. Claire Manufacturing Company. Claire Technical Information: Jet Force Wasp

and Hornet Killer . September 15, 2010. http://www.clairemfg.com/downloads/techsheets/ts-c0 05.pdf

. (Claire, 2010)

17. Consumer Specialty Products Association. CSPA P roduct Technology Seminar

for ARB Staff . June 29-30, 2010. (CSPA, 2010a)

18. Consumer Specialty Products Association. Initia l CSPA Comments on Draft Staff Proposal for 2010 Amendments to the California Cons umer Products Regulation . May 28, 2010. (CSPA, 2010b)

19. Institute for Research and Technical Assistance . Safer Alternatives for the Textile Cleaning Industry: Alternative Spotting Agents and Evaluation of Improvements in Carbon Dioxide and Wet Cleaning Technologies . November, 2009. (IRTA, 2009)

20. McLaughlin Gormley King Company. Data on Partic le Size for Flying Bug

Insecticides . July 15, 2010. (MGK, 2010)

21. Procter & Gamble: Science in-the-box. Chemical Functional Definitions:

Surfactants . August 13, 2010. http://www.scienceinthebox.com/en_UK/glossary/surfa ctants_en.html#five (PG, 2010)Technical Support Document Chapter V II - 107

22. San Francisco Estuary Institute. Occurrenc e of Alkylphenol Ethoxylate Surfactants in San Francisco Bay and Potential Impa cts on Water Quality

. Memorandum dated July 13, 2010, from Rainer Hoenick e, Ph.D., Executive Director, San Francisco Estuary Institute, to Darri n Polhemus, Deputy Director, Division of Water Quality, State Water Resources Co ntrol Board. (SFEI, 2010)

23. Schafer, E. The Science of Dilution . Maintenance Supplies. September 23, 2008. http://www.maintenancesuppliesmag.com/publication/i ndex.jsp?issueId=32 (Schafer, 2008)

24. Southern California Coastal Water Research Project. Effects on Water Quality of Alkylphenol Ethoxylate Surfactants (APEOs) . Memorandum dated July 15, 2010, from Keith Maruya, Principle Scientist, Southern Ca lifornia Coastal Water Research Project, to Darrin Polhemus, Deputy Direct or, Division of Water Quality, State Water Resources Control Board. (SCCW RP, 2010)

25. State Coalition for Remediation of Dry Cleaners . Glossary of Drycleaning Terms

. September 15, 2010. http://www.drycleancoalition.org/docdisplay.cfm?doc =dcglossary.htm (SCRDC, 2010)

26. State Water Resources Control Board. Water Quality Effects of Alkylphenol Ethoxylate Surfactants . Memorandum dated September 20, 2010, from Darrin Polhemus, Deputy Director, Division of Water Qualit y, State Water Resources Control Board, to Richard Corey, Chief, Stationary Source Division, Air Resources Board. (SWRCB, 2010a)

27. State Water Resources Control Board. Effec ts on Water Quality of Alkylphenol Ethoxylate Surfactants . Memorandum dated July 19, 2010, from Valerie Conn or, Ph.D., Deputy Director, Office of Information Manag ement and Analysis, State Water Resources Control Board, to Darrin Polhemus, Deputy Director, Division of Water Quality, State Water Resources Control Board. (SWRCB, 2010b)

28. United States Environmental Protection Agency. Pesticides: Regulating Pesticides – Inert Ingredients Permitted in Pestici de Products

. June 25, 2010. www.epa.gov/opprd001/inerts/lists.html . (U.S. EPA, 2010a)

29. United States Environmental Protection Agency. Pesticides: Regulating Pesticides – Pyrethroids and Pyrethrins . March 24, 2010. http://www.epa.gov/oppsrrd1/reevaluation/pyrethroid s-pyrethrins.html

. (U.S. EPA, 2010b)

30. United States Environmental Protection Agency. Pesticides: Science and Policy – Standard Operating Procedures – Product Propertie s. General Guidance toTechnical Support Document Chapter V II - 108

Reviewers of Product Properties Data, Labels, and C onfidential Statements of Formula Submitted for Registration and Reregistrati on of Pesticide Chemicals (Conventional) . January 8, 2003. (U.S. EPA, 2003b)

31. United States Environmental Protection Agency, Design for the Environment. Garment and Textile Care Program. Frequently Asked Questions About Drycleaning . June, 1998. (U.S. EPA, 1998b)

32. Willard, D.M., Barraza G., Zook, J.D. Waterless Hand Cleaner Containing Plant

Derived Natural Essential Oil . United States Patent Number 6,884,763 B2. April 26, 2005. (Willard et al. , 2005)Technical Support Document Chapter V III - 109



## Chapter VIII. Economic Impacts

This chapter provides our analysis of the estimated economic and fiscal impacts of the proposed amendments. The analysis focuses on costs to comply with the proposed volatile organic compound (VOC) limits. We expect the other proposals such as mitigation measures to prohibit use of certain toxi c air contaminants, limit the use of greenhouse gases with high global warming potential values, and preclude use of alkylphenol surfactants to result in negligible or no costs. Proposed amendments to Test Method 310 will have no economic or fiscal imp act. Businesses that manufacture products with VOC contents above the proposed VOC l imits would incur costs to reformulate their products. Potential fiscal impac ts would be costs incurred by State agencies to administer, enforce, or comply with the proposal.

Economic impact analyses are imprecise, given the u npredictable behavior of companies in a highly competitive market such as co nsumer products. While staff has quantified the economic impacts to the extent feasi ble, some projections are necessarily qualitative, and based on general observations and facts known about the consumer products industry. This analysis, therefore, serve s to provide a general picture of the economic impacts typical businesses might encounter . Individual companies may experience different impacts than projected.

The summary of economic and fiscal impacts of the p roposed VOC limits is presented in section A. The other sections provide the step- by-step details of how we determined the compliance costs and potential impacts. Sectio n F contains information on alternative means of compliance.

This economic impacts analysis was conducted in acc ordance with the current legal requirements under the Administrative Procedure Act (APA). This analysis uses similar methodologies and assumptions as were used in the 2 009 consumer products rulemaking (ARB, 2009c).



### A. Summary of Economic Impacts

Staff has estimated that the overall cost to comply with the proposed VOC limits is about $5 million per year for ten years (just under $50 million in total). This amount includes both recurring ( e.g. , raw materials) and nonrecurring ( e.g. , research and development) costs and is estimated based on assump tions specific to each category.Technical Support Document Chapter V III - 110

The cost represents the average of low and high cos t estimates and is staff’s prediction of the costs businesses would most likely incur.

Another measure of the economic impacts of the prop osal is to determine the “dollars to be spent per pound of VOC reduced,” or cost-effecti veness (CE). The CE of the proposed amendments has been calculated to be about $0.98 per pound of VOC reduced. This is based on expected emission reduct ions of about 6.9 tons per day. The CE of other recent consumer products rulemaking s has ranged from about $0.30 to about $6.25. Based on this range, staff believes t he proposed amendments are cost

effective.

The impacts of the proposed amendments on manufactu rers are estimated by determining the “return on owner’s equity” (ROE). In the ROE analysis we compare a company’s percentage reduction in profitability bef ore and after incurring the costs associated with the proposed amendments. The analy sis found that the overall reduction in profitability ranges from about 1 perc ent to about 3 percent. The overall average decline in ROE is about 1.6 percent. To th e extent that the projected costs are passed on to consumers, the impact on business prof itability is likely to be much less than estimated in our projection.

Because we expect some businesses will pass on at l east a portion of their compliance costs to the consumer, we estimated the increased c ost the consumer may experience. If all assumed compliance costs are passed on to th e consumer, without consideration of typical retail mark-up, we estimate the cost per unit increase would range from negligible cost (net savings or no cost) for a nona erosol General Purpose Cleaner product to about $0.44 for a Heavy-duty Hand Cleane r or Soap product. When considering normal retail mark-up of 100 percent, i ncreased cost to the consumer to purchase a Heavy-duty Hand Cleaner or Soap product would increase by about $0.90 per gallon.

Based on our ROE calculations, we believe that over all, most affected businesses will be able to absorb the costs, or will pass through s ome of the costs to the consumer, such that there will be no significant adverse impa cts on their profitability. Therefore, we do not expect a noticeable change in employment; business creation, elimination or expansion; or business competitiveness in Californi a. However, the proposed amendments may impose economic hardship on some bus inesses with very little or no margin of profitability.

We determined that there would be no significant ad verse fiscal impacts to any local or State agencies. While not significant, ARB will ha ve costs in the future to enforce the new limits proposed here.

Staff believes that the regulation cost and CE dete rmination methodologies are conservative. For example, the average cost scenar io of low and high determines the overall cost and CE of the regulation. The low cos t scenario assumes that companies would choose the lowest cost reformulation pathway, making minor adjustments to aTechnical Support Document Chapter V III - 111

product’s formulation, or simply ceasing sale of so me noncomplying products. We

believe that most manufacturers would choose the lo west cost reformulation option. For the high cost scenario, it is assumed that there is significant research and development, and new equipment is needed to reformulate the prod uct. We believe that few manufacturers would need to take the high cost refo rmulation approach.

Details of our cost analysis are in the following s ections. Additional information as to how recurring and nonrecurring costs were estimated is contained in Appendices D

and E.



### B. Costs of Compliance

To determine the total cost to comply with the prop osal, recurring and nonrecurring costs are estimated. These estimates are represent ative of the costs expended to reformulate and bring a product to market. Recurri ng costs for this analysis are those

associated with the cost of the raw materials. Non recurring costs are assumed to be

one time costs and are those associated with resear ch, development, and plant changes that may be necessary to develop a reformul ated complying product. Our analysis further assumes that nonrecurring costs wi ll be amortized over a project horizon of ten years. Summing the recurring and am ortized nonrecurring costs represents the total cost to reformulate a product. We then use the total cost to estimate the potential cost per unit increase to th e consumer, the CE of the proposed amendments, and the ROE.

There are many variables in producing a product for market, and assumptions about those variables will greatly affect the outcome of any cost analysis. For each assumption, staff applied a test of “reasonableness ” to determine if this was a likely approach to take, or if the event had a high probab ility of occurring. The following sections describe our process for arriving at the c osts to comply with the proposed

amendments.

1. Recurring Costs

As part of the economic impact analysis, we evaluat ed the expected cost impacts from complying with the proposed VOC limits on raw mater ial costs. The change in the cost of raw material costs are expected to be ongoing, i.e. , they are recurring costs.

a. Methodology

Using the data from the 2006 Survey and the 2008 Su rvey Update staff determined the formulations which most closely reflect the “typica l” formulations for compliant and noncompliant products in each category. For each c ategory staff estimated a “low cost” and “high cost” by varying costs for ingredients. Information on how raw material costs were estimated, as well as formulations evaluated ( with individual weight fractions and unit prices per pound), are shown in Appendix D. W hile these formulations may not reflect the exact composition of existing noncompli ant products and compliant productsTechnical Support Document Chapter V III - 112

that will be marketed, we believe they are reasonab ly representative for the purposes of this analysis.

Except for ingredient costs, we assumed changes in packaging, delivery systems, labeling, distribution and other recurring costs wo uld be negligible relative to baseline levels of these costs (ARB, 1997b). We believe thi s assumption is valid because the proposed limits should not require significant pack aging or delivery system

modifications. We also believe distribution costs would be the same because we do not expect manufacturers to sell and distribute “Califo rnia only products.” The most likely pathway for reformulation was assumed for noncompli ant products. Despite this assumption, alternative formulations may allow lowe r-cost compliant products than shown in our analysis.

b. Results

The estimated cost of typical noncompliant and comp liant formulations for each category is displayed in Table VIII-1a. The values in columns A and B are taken from Appendix D. The difference between high and low co st of noncompliant and compliant formulations yields the change in ingredient costs. As shown in Table VIII-1a, Columns

C 1 and C 2 , the anticipated raw materials cost change ranges from no cost (net savings or no cost) for a 23 ounce General Purpose Degrease r (nonaerosol) product to about $0.64 increase per unit for a 133 ounce Heavy-duty Hand Cleaner or Soap. In instances when the cost for raw materials in the pr edicted reformulated product are comparable or slightly cheaper to those currently u sed, rather than assigning a negative cost, we assume there will be no change in the cost of raw materials.

Using the change in the cost per unit from Table VI II-1a, the total recurring costs per category are calculated as shown in Table VIII-1b. To arrive at the total cost per category, estimated noncompliant unit sales (Column D) are multiplied by the recurring costs per unit taken from Table VIII-1a, Columns C 1 and C 2 . As shown in Table VIII-1b,

Column E 3 the average total recurring cost per category rang es from no cost for several categories to about $346,900 for the Heavy-duty Han d Cleaner or Soap products reformulated to comply with the 1 percent VOC limit

.

2. Nonrecurring Costs

In this portion of the analysis, we evaluated the i mpacts of nonrecurring costs likely to be expended to comply with the proposed limits. Th ese are assumed to be costs incurred once to conduct the necessary research and development to produce a complying product. Technical literature and indust ry trade journals provide little information to estimate nonrecurring costs directly . This is not surprising because theTechnical Support Document Chapter V III - 113 Table VIII-1a Estimated Change in Formula Cost per Unit*

Formula Cost per Unit

Noncomplying Low High Complying

Low High Cost Increase to Comply per Unit Low High

Category A 1 A 2 B 1 B 2 C 1 = B 1 – A 1 C 2 =

B 2 –A 2 Furniture Maintenance Product (aerosol) $0.31 $0.57 $0.35 $0.60 $0.04 + $0.04 +

General Purpose Cleaner (nonaerosol) $0.19 $0.25 $0.13 $0.17 $0.00 $0.00

General Purpose Degreaser (nonaerosol) $0.34 $0.50 $0.22 $0.39 $0.00 $0.00

Glass Cleaner (nonaerosol) $0.07 $0.10 $0.06 $0.08 $0.00 $0.00

Heavy-duty Hand Cleaner or Soap $4.76 $8.30 $4.99 $8.93 $0.23 $0.64

Insecticide – Flying Bug (aerosol) $0.44 $0.71 $0.36 $0.57 $0.00 $0.00

Insecticide – Wasp or Hornet (aerosol) $0.69 $0.86 $0.80 $0.93 $0.11 $0.07

Lubricant – Special Purpose (aerosol) $0.52 $0.72 $0.51 $0.71 $0.00 $0.00

Lubricant – Special Purpose (nonaerosol) $0.63 $0.82 $0.65 $0.85 $0.02 $0.03

Oven or Grill Cleaner (aerosol) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Oven or Grill Cleaner (nonaerosol) $3.65 $4.26 $2.07 $3.67 $0.00 $0.00

Spot Remover – Dry Clean Only (aerosol) $0.93 $1.36 $0.79 $1.14 $0.00 $0.00

Spot Remover – Dry Clean Only (nonaerosol) $1.44 $1.81 $1.35 $1.78 $0.00 $0.00

Metal Polish or Cleanser (aerosol) $0.96 $1.14 $0.32 $0.40 $0.00 $0.00

Metal Polish or Cleanser (nonaerosol) $1.07 $1.25 $0.41 $0.46 $0.00 $0.00

* Raw material costs are assumed to be $0.00 whe n staff estimates that materials used to reformulate are comparably priced to curren t materials or are less expensive than currently

used. + Numbers have been rounded in tables, however un rounded numbers are used for calculations.

consumer products industry is competitive, and prod uction cost data specific to a company are closely guarded trade secrets. Stakeho lders have generally concurred that our assumptions for nonrecurring costs are rea sonable. Appendix E displays the various phases of product development and the costs that are assigned to each phase.Technical Support Document Chapter V III - 114 Table VIII-1b Total Estimated Recurring Cost

Annual

California Noncomplying

Unit Sales* Total Annual Recurring Cost per Category +

LOW HIGH AVERAGE

Category D E 1 = D X C 1 ** E 2 =

D X C 2 ** E 3 =

(E 1 +E 2 )/2

Furniture Maintenance Product (aerosol) 5,205,245 $218,236 $185,053 $201,645

General Purpose Cleaner (nonaerosol) 47,023,377 $0.00 $0.00 $0.00

General Purpose Degreaser (nonaerosol) 2,114,007 $0.00 $0.00 $0.00

Glass Cleaner (nonaerosol) 23,775,680 $0.00 $0.00 $0.00

Heavy-duty Hand Cleaner or Soap (nonaerosol) 802,431 $181,710 $512,122 $346,916

Insecticide – Flying Bug (aerosol) 1,022,141 $0.00 $0.00 $0.00

Insecticide – Wasp or Hornet (aerosol) 1,024,272 $110,237 $67,218 $88,728

Lubricant – Special Purpose (aerosol) 314,820 $0.00 $0.00 $0.00

Lubricant – Special Purpose (nonaerosol) 310,193 $4,715 $10,258 $7,487

Oven or Grill Cleaner (aerosol) 68,952 $0.00 $0.00 $0.00

Oven or Grill Cleaner (nonaerosol) 12,406 $0.00 $0.00 $0.00

Spot Remover – Dry Clean Only (aerosol) *** $0.00 $0.00 $0.00

Spot Remover – Dry Clean Only (nonaerosol) 159,754 $0.00 $0.00 $0.00

Metal Polish or Cleanser (aerosol) 443,930 $0.00 $0.00 $0.00

Metal Polish or Cleanser (nonaerosol) 422,410 $0.00 $0.00 $0.00

* Assumes “typical” unit size as shown in Append ix D.

** C 1 and C 2 are from Table VIII-1a

+ Numbers have been rounded in tables, however un rounded numbers are used for

calculations.

*** Data are confidential.Technical Support Document Chapter V III - 115 a. Methodology

To estimate nonrecurring costs, we used two approac hes for each product category, one for low cost, and one for high cost, with a dif ferent set of assumptions for each approach. The categories proposed for regulation a re considered “household care” or “pesticide and disinfectant” products.

Appendix E displays the various high and low nonrec urring costs for each of these sectors. For each category only new or additional costs were considered. Costs were not considered that would have been expected in the normal course of business if the regulation had not been in effect.

b. Results

Table VIII-2, Columns A 1 and A 2 , display the results of our assessment of the nonrecurring costs to be incurred for each category . These costs are taken from Appendix E. Estimated nonrecurring costs for the l ow cost scenario range from about $300 to $11,600 per category. Note also that nonre curring costs for the high cost scenario range from about $4,900 to $160,250 per ca tegory.

c. Amortizing Nonrecurring Costs

The next part of our analysis assumes that nonrecur ring costs will not be incurred in a single year, but would instead be amortized over te n years. The nonrecurring costs

shown in Columns A 1 and A 2 are amortized using the Capital Recovery Method. This is a standard methodology and it is recommended under guidelines issued by the California Environmental Protection Agency (Cal/EPA ).

The equation below shows that the estimated total n onrecurring costs per product is multiplied by the Capital Recovery Factor (CRF) to convert these costs into equal annual payments over a project horizon (i.e., the p rojected useful life of the investment)

at a discount rate.

Annualized nonrecurring costs = (Nonrecurring Cost s) X [i(1 + i) n /((1 + i) n -1)]

Where:
i(1 + i) n /((1 + i) n -1) = Capital Recovery Factor (CRF) i = discount interest rate over project horizon , % n = number of years in project horizon Nonrecurring Costs = total nonrecurring cost p er product

We assumed a project horizon of ten years, a common ly cited period for an investment’s useful lifetime in the chemical proces sing industry. We also assumed aTechnical Support Document Chapter V III - 116 Table VIII-2 Estimated Nonrecurring per Product Costs to Comply with the Proposed Limits

Cost Per Product Low High Amortized Cost Per Product Low High

Category A 1 A 2 B 1 = A 1 X CRF* B 2 =

A 2 X CRF*

Furniture Maintenance Product (aerosol) $11,638 $43,570 $1,894 $7,091

General Purpose Cleaner (nonaerosol) $7,311 $38,795 $1,190 $6,314

General Purpose Degreaser (nonaerosol) $7,311 $28,350 $1,190 $4,614

Glass Cleaner (nonaerosol) $1,641 $9,400 $267 $1,530

Heavy-duty Hand Cleaner or Soap (nonaerosol) $448 $5,968 $73 $971

Insecticide – Flying Bug (aerosol) $1,641 $56,402 $267 $9,179

Insecticide – Wasp or Hornet (aerosol) $298 $140,855 $48 $22,924

Lubricant – Special Purpose (aerosol) $597 $26,858 $97 $4,371

Lubricant – Special Purpose (nonaerosol) $6,118 $27,902 $996 $4,541

Oven or Grill Cleaner (aerosol) $5,670 $19,696 $923 $3,205

Oven or Grill Cleaner (nonaerosol) $5,670 $19,696 $923 $3,205

Spot Remover – Dry Clean Only (aerosol) $3,432 $160,253 $559 $26,080

Spot Remover – Dry Clean Only (nonaerosol) $1,940 $119,369 $316 $19,427

Metal Polish or Cleanser (aerosol) $746 $4,924 $121 $801

Metal Polish or Cleanser (nonaerosol) $746 $4,924 $121 $801

*CRF = Capital Recovery Factor of 0.16275

fixed interest rate of 10 percent throughout the pr oject horizon. These assumptions are conservative and constitute standard practice in an alyses of consumer products regulations, including previous consumer product ru lemakings. Based on these assumptions, the Capital Recovery Factor (CRF), as shown below, is 0.16275.

CRF = 0.1(1+0.1) 10 /((1+0.1) 10 -1) = 0.1(2.59)/1.59

= 0.259/1.59 = 0.163 (rounded)Technical Support Document Chapter V III - 117

Using the low cost estimate for Furniture Maintenan ce Product (aerosol) from Table VIII-2, Column A 1 , then the amortized cost is:

Amortized Cost: $11,638 X 0.16275 = $1,894

For the low cost scenario, as shown in Column B 1 , of Table VIII-2, we project perproduct annualized nonrecurring costs to be about $ 50 to $1,900 for each of ten years. For the high cost scenario (Column B 2 ), we project per-product annualized nonrecurring costs to range from about $800 to $26,000 for each of ten years.

Next, nonrecurring costs for all noncomplying produ cts per category are calculated by using the low and high amortized costs from Table V III-2, Columns B 1 and B 2 . To arrive at the range of total nonrecurring cost per categor y, two different scenarios are calculated. In the low cost scenario, we assume th at manufacturers will conduct research and other product development once for a g iven product category, and use

these efforts as a basis to reformulate all their o ther noncomplying products in the same category. As shown in Table VIII-3, the low cost i ncurred by all businesses is the product of the low product cost (Column C) and numb er of companies (Column B) that have noncomplying products within the given categor y.

In the total nonrecurring high cost scenario, we as sume that reformulation costs would be incurred per product. This means that companies that have multiple noncomplying products in a given category would conduct separate research and development efforts for each product in their respective product lines. Thus in this case, the high amortized cost (Column D) is multiplied by the number of nonc omplying products (Column A).

As shown in Table VIII-3, total category annualized nonrecurring costs for the low cost scenario range from about $560 for a Spot Remover ( Dry Clean Only) (aerosol) product to $161,800 for a General Purpose Cleaner (nonaeros ol) product. For the high cost scenario, costs range from $9,600 for an Oven or Gr ill Cleaner (aerosol) product to $3,775,600 for a General Purpose Cleaner (nonaeroso l) product. The high cost scenario for a General Purpose Cleaner (nonaerosol) product is overestimated. This is

because to calculate this cost we assumed that all General Purpose Cleaner (nonaerosol) products would incur the costs for the registration required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) . In reality only about 5 percent of products are currently registered as FIFRA products . Therefore, this cost estimate is conservative. Also as shown in Table VIII-3, the t otal nonrecurring cost to industry is projected to range from about $389,200 to just over $8,217,300 dollars per year for ten

years.

3. Total Costs

For each category, the total cost of reformulation is estimated by summing recurring costs (see Table VIII-1b, Columns E 1 and E 2 ) with nonrecurring amortized costs (see Table VIII-3, Columns E 1 and E 2 ). Table VIII-4 displays the total low and high co st toTechnical Support Document Chapter V III - 118 Table VIII-3 Estimated Total Nonrecurring Cost per Category

# Noncomplying

Products* #

Companies Low

Cost/

Product High

Cost/

Product Total Nonrecurring

Cost per Category Low High

Category A B C D E 1 = B X C E 2 =

D X A

Furniture

Maintenance Product (aerosol) 56 30 $1,894 $7,091 $56,821 $397,086

General Purpose

Cleaner (nonaerosol) 598 136 $1,190 $6,314 $161,817 $3,775,597

General Purpose Degreaser (nonaerosol) 257 82 $1,190 $4,614 $97,566 $1,185,755

Glass Cleaner (nonaerosol) 148 80 $267 $1,530 $21,365 $226,411

Heavy-duty Hand Cleaner or Soap (nonaerosol) 161 51 $73 $971 $3,718 $156,374

Insecticide – Flying Bug (aerosol) 37 23 $267 $9,179 $6,142 $339,629

Insecticide – Wasp or Hornet (aerosol) 20 14 $48 $22,924 $679 $458,470

Lubricant – Special Purpose (aerosol) 118 43 $97 $4,371 $4,178 $515,780

Lubricant – Special Purpose (nonaerosol) 66 18 $996 $4,541 $17,922 $299,701

Oven or Grill Cleaner (aerosol) 3 3 $923 $3,205 $2,768 $9,616

Oven or Grill

Cleaner (nonaerosol) 9 5 $923 $3,205 $4,614 $28,849

Spot Remover – Dry Clean Only (aerosol) 1 1 $559 $26,080 $559 $26,080

Spot Remover – Dry Clean Only (nonaerosol) 36 5 $316 $19,427 $1,579 $699,363

Metal Polish or Cleanser (aerosol) 59 37 $121 $801 $4,492 $47,280

Metal Polish or

Cleanser (nonaerosol) 64 41 $121 $801 $4,978 $51,287

Total: 1,633 $389,198 $8,217,278

* Adjusted for market covered in survey. Assume 9 0% market coverage for all categories.Technical Support Document Chapter V III - 119

reformulate all noncomplying products for each cate gory. As shown in Table VIII-4,

Column C 1 , we estimate the low per year industry compliance costs to range from a low of about $560 for Spot Remover (Dry Clean Only) (ae rosol) products, to a high of about $275,000 for a Furniture Maintenance Product (aeros ol) product. We estimate the high per year industry compliance costs to range from a low of about $9,600 for Oven or Grill Cleaner (aerosol) products, to a high of about $3,7 75,600 for General Purpose Cleaner (nonaerosol) products. Again, this cost for Genera l Purpose Cleaner (nonaerosol) products is conservative based on the assumption th at all products would incur the costs of FIFRA registration. Table VIII-4 (Column C 3 ) also shows the average cost estimates to range from about $6,200 for Oven or Gr ill Cleaner (aerosol) products to $1,968,700 for General Purpose Cleaner (nonaerosol) products (Column C 2 ). As

shown in Column C 3 , the overall average cost to reformulate all nonco mplying products for all categories is just under $5 million.

4. Cost per Unit

We also evaluated the potential increased cost the consumer would pay if all costs of compliance were passed onto the consumer (not inclu ding retail mark-up). For this estimate, we assumed that all recurring and nonrecu rring costs are assessed only to the number of noncomplying units in each category. Tab les VIII-5a and VIII-5b display the result of this analysis.

For this rulemaking, as with others, we assumed pro ducts reformulated to meet the proposed limits will be marketed throughout the Uni ted States by national marketers. From our experience, we know that businesses genera lly formulate and distribute to the entire nation, products complying with California r egulations, rather than incurring the additional cost of setting up a California specific product distribution system. This assumption is valid especially considering the numb er of jurisdictions that have, and are continuing to adopt California standards.

Therefore, we assume that the costs of compliance w ill not be assessed only to products sold in California, but will be spread ove r products sold across the country. To do this, our analysis used the California-apportion ed (by population) high and low nonrecurring costs (Table VIII-3). Using this alte rnative approach, we discounted the nonrecurring cost per unit by the California-apport ionment factor ( i.e. , the current ratio of California to U.S. population, or 12.0 percent (U.S . Census, 2010)). To illustrate, using the total nonrecurring high cost for Special Purpos e Lubricant (nonaerosol) products of $299,701 the nonrecurring portion of cost that woul d be passed onto California consumers is 12 percent of this amount, or about $3 6,000. The California portion of low and high nonrecurring costs (Table VIII-3, Columns E 1 and E 2 ) are each divided by the number of noncomplying units sold in California peryear (see column A of Table VIII5b). The resulting nonrecurring high and low cost per unit is then added to the recurring high and low cost per unit (taken from Table VIII-1 a, Columns C 1 and C 2 ) to arrive at the total increase in cost per unit to the consumer.Technical Support Document Chapter V III - 120 Table VIII-4 Estimated Total Costs to Comply with the Proposed V OC Limits

Nonrecurring Costs Recurring Costs *

Low High Low High

A 1 A 2 B 1 B 2 Furniture Maintenance Product (aerosol) $56,821 $39 7,086 $218,236 $185,053 General Purpose Cleaner (nonaerosol) $161,817 $3,77 5,597 $0.00 $0.00 General Purpose Degreaser (nonaerosol) $97,566 $1,185,755 $0.00 $0.00 Glass Cleaner (nonaerosol) $21,365 $226,411 $0.00 $ 0.00 Heavy-duty Hand Cleaner or Soap $3,718 $156,374 $18 1,710 $512,122 Insecticide – Flying Bug (aerosol) $6,142 $339,629 $0.00 $0.00 Insecticide – Wasp or Hornet (aerosol) $679 $458,47 0 $110,237 $67,218 Lubricant – Special Purpose (aerosol) $4,178 $515,7 80 $0.00 $0.00 Lubricant – Special Purpose (nonaerosol) $17,922 $299,701 $4,715 $10,258 Oven or Grill Cleaner (aerosol) $2,768 $9,616 $0.00 $0.00 Oven or Grill Cleaner (nonaerosol) $4,614 $28,849 $ 0.00 $0.00 Spot Remover – Dry Clean Only (aerosol) $559 $26,080 $0.00 $0.00

Spot Remover – Dry Clean Only (nonaerosol) $1,579 $699,363 $0.00 $0.00

Metal Polish or Cleanser (aerosol) $4,492 $47,280 $ 0.00 $0.00 Metal Polish or Cleanser (nonaerosol) $4,978 $51,28 7 $0.00 $0.00

Nonrecurring and Recurring Costs +

Low High Average

C 1 = C 2 = C 3 = A 1 + B 1 A 2 + B 2 (C 1 + C 2 )/2 Furniture Maintenance Product (aerosol) $275,057 $5 82,139 $428,598 General Purpose Cleaner (nonaerosol) $161,817 $3,77 5,597 $1,968,707 General Purpose Degreaser (nonaerosol) $97,566 $1,185,755 $641,660 Glass Cleaner (nonaerosol) $21,365 $226,411 $123,88 8 Heavy-duty Hand Cleaner or Soap (nonaerosol) $185,428 $668,496 $426,962

Insecticide – Flying Bug (aerosol) $6,142 $339,629 $172,886 Insecticide – Wasp or Hornet (aerosol) $110,916 $52 5,688 $318,302 Lubricant – Special Purpose (aerosol) $4,178 $515,7 80 $259,979 Lubricant – Special Purpose (nonaerosol) $22,637 $309,959 $166,298 Oven or Grill Cleaner (aerosol) $2,768 $9,616 $6,19 2 Oven or Grill Cleaner (nonaerosol) $4,614 $28,849 $ 16,731 Spot Remover – Dry Clean Only (aerosol) $559 $26,080 $13,319

Spot Remover – Dry Clean Only (nonaerosol) $1,579 $699,363 $350,471

Metal Polish or Cleanser (aerosol) $4,492 $47,280 $ 25,886 Metal Polish or Cleanser (nonaerosol) $4,978 $51,287 $28,132

TOTAL: $904,097 $8,991,929 $4,948,013

* A cost of $0 may indicate a per unit cost of l ess than one-half of one cent.

+ Numbers have been rounded in tables, however unro unded numbers are used for

calculations.Technical Support Document Chapter V III - 121 Table VIII-5a

Estimated Per-Unit Cost Increases from Annualized N onrecurring and Annual Recurring Costs*

Annual

California Noncomplying

Unit Sales Annualized

Nonrecurring

Low

Cost/Unit** + Annualized

Nonrecurring High

Cost/Unit Annual

Recurring

Low

Cost/Unit z Annual

Recurring High

Cost/Unit z

Category A B 1 B 2 C 1 C 2 Furniture

Maintenance Product (aerosol) 5,205,245 $0.00 $0.01 $0.04 $0.04

General Purpose Cleaner (nonaerosol) 47,023,377 $0.00 $0.01 $0.00 $0.00

General Purpose Degreaser (nonaerosol) 2,114,007 $0.01 $0.07 $0.00 $0.00

Glass Cleaner (nonaerosol) 23,775,680 $0.00 $0.00 $0.00 $0.00

Heavy-duty Hand Cleaner or Soap (nonaerosol) 802,431 $0.00 $0.02 $0.23 $0.64

Insecticide – Flying Bug (aerosol) 1,022,141 $0.00 $0.04 $0.00 $0.00

Insecticide – Wasp or Hornet (aerosol) 1,024,272 $0.00 $0.05 $0.11 $0.07

Lubricant – Special Purpose (aerosol) 314,820 $0.00 $0.20 $0.00 $0.00

Lubricant – Special Purpose (nonaerosol) 310,193 $0.01 $0.12 $0.02 $0.03

Oven or Grill Cleaner (aerosol) 68,952 $0.00 $0.02 $0.00 $0.00

Oven or Grill Cleaner (nonaerosol) 12,406 $0.04 $0.28 $0.00 $0.00

Spot Remover – Dry Clean Only (aerosol) 175,200 $0.00 $0.02 $0.00 $0.00

Spot Remover – Dry Clean Only (nonaerosol) 159,754 $0.00 $0.53 $0.00 $0.00

Metal Polish or Cleanser (aerosol) 443,930 $0.00 $0.01 $0.00 $0.00

Metal Polish or Cleanser (nonaerosol) 422,410 $0.00 $0.01 $0.00 $0.00

* Numbers have been rounded in tables, however un rounded numbers are used for calculations. + A cost of $0 may indicate a per unit cost of le ss than one-half of one cent.

** Costs in Columns B 1 and B 2 arrived at by apportioning nonrecurring total cost s from
Table VIII-3, Columns E 1 and E 2 , by the percentage of California population (12%). z Costs are from Table VIII-1a, Columns C 1 and C 2

.Technical Support Document Chapter V III - 122 Table VIII-5b

Sum of Estimated Per-Unit Cost Increases from Both Annualized Nonrecurring and Annual Recurring Costs

Total

Increase

Low/Unit* + Total

Increase High/Unit Total

Increase

Mid/Unit

Category D 1 D 2 D 3 Furniture Maintenance Product (aerosol) $0.04 $0.04 $0.04 General Purpose Cleaner (nonaerosol) $0.00 $0.01 $0 .01 General Purpose Degreaser (nonaerosol) $0.01 $0.07 $0.04 Glass Cleaner (nonaerosol) $0.00 $0.00 $0.00 Heavy-duty Hand Cleaner or Soap (nonaerosol) $0.23 $0.66 $0.44

Insecticide – Flying Bug (aerosol) $0.00 $0.04 $0.0 2 Insecticide – Wasp or Hornet (aerosol) $0.11 $0.12 $0.11 Lubricant – Special Purpose (aerosol) $0.00 $0.20 $0.10 Lubricant – Special Purpose (nonaerosol) $0.02 $0.1 5 $0.09 Oven or Grill Cleaner (aerosol) $0.00 $0.02 $0.01 Oven or Grill Cleaner (nonaerosol) $0.04 $0.28 $0.16 Spot Remover – Dry Clean Only (aerosol) $0.00 $0.02 $0.01 Spot Remover – Dry Clean Only (nonaerosol) $0.00 $0.53 $0.26

Metal Polish or Cleanser (aerosol) $0.00 $0.01 $0.0 1 Metal Polish or Cleanser (nonaerosol) $0.00 $0.01 $ 0.01 * A cost of $0 may indicate a per unit cost of les s than one-half of one cent.

+ Numbers have been rounded in tables, however unro unded numbers are used for calculations.

For most products the total cost of reformulating p roducts is estimated to be quite minimal. The recurring raw materials costs to refo rmulate a number of products to meet the proposed VOC limits are projected to be zero. This is because the costs of ingredients of a complying product are actually les s than the cost of ingredients of a noncomplying product. For the purposes of our cost calculations, in this case, as was done in economic analyses for previous rulemakings, we assume that the ingredient costs are zero. As for the nonrecurring costs (res earch and development), while these costs are significant, once the costs are spread ov er the number of units sold, the resulting overall cost per unit is negligible.

As shown in Table VIII-5b, we estimate the average cost per unit increase to the California consumer to range from no cost increase to about $0.44. The worst case scenario cost increase would be about $0.66 for Hea vy-duty Hand Cleaner or Soap products. This cost does not reflect typical retai l mark-up. Because of unpredictable factors such as the highly competitive nature of th e consumer products market, it is not possible to accurately predict the final retail pri ce of products that will comply with the proposed limits when they become effective. To the extent the cost impacts are passed on to consumers, the final retail prices may be low er or higher than suggested by this analysis.Technical Support Document Chapter V III - 123

5. Cost-effectiveness (CE)

Using the total costs displayed in Table VIII-4, we evaluated the anticipated CE of the proposed new limits. Such an evaluation allows us to compare the efficiency of the proposed limits in reducing a pound of VOC relative to other existing regulatory

programs.

The CE of a reduction strategy is generally defined as the ratio of total dollars to be spent to comply with the strategy (as an annual cos t) to the mass reduction of the pollutant(s) to be achieved by complying with that strategy (in annual pounds). The CE is calculated as shown by the following general equ ation:

Cost-effectiveness = Total Annual Cost to Comply

Annual Mass Reduction in VOC

We estimate that, when fully effective, the propose d VOC limits will result in an emission reduction of about 6.9 tons per day, or 5,037,000 p ounds per year. In this chapter, we have calculated that the average total annual cost to comply with the proposed VOC limits is $4,948,013.

The CE of the proposed amendments related to comply ing with the VOC limits is about $0.98 per pound of VOC reduced, as shown by the fol lowing equation:

$4,948,013 = $0.98 per pound
5,037,000

Table VIII-6 shows a comparison of the CE for the p roposed limits relative to other recent ARB consumer product regulations and control measures.

Table VIII-6 Comparison of Cost-Effectiveness for ARB Consumer P roduct

Regulations/Measures

Regulation/Control Measure Cost-Effectiveness (Dollars per Pound VOC Reduced)

2010 Amendments $0.98

2009 Amendments (ARB, 2009c) $0.29

2008 Amendments (ARB, 2008a) $6.23

2006 Amendments (ARB, 2006a) $2.35

As shown in Table VIII-6, the CE compares favorably with other recent rulemakings.Technical Support Document Chapter V III - 124



### C. Return on Owners’ Equity

Typical California businesses are affected by the p roposed new limits to the extent that the implementation of these requirements would chan ge their profitability. To estimate reduction in profitability, this portion of the eco nomic impacts analysis compares the Return on Owners’ Equity (ROE) for affected busines ses before and after inclusion of the cost to comply with the proposed requirements. The data used in this analysis are obtained from Dun and Bradstreet Industry Norms and Key Business Ratio (D&B, 2008; D&B, 2009), the ARB’s 2006 Consumer and Commercial Products Survey (ARB, 2007e), the Survey Update for Dry Clean Only Spot R emover products (ARB, 2009e), and the CE analysis described previously in section B.

1. Affected Businesses

Any business which manufactures or markets consumer products subject to the proposed new limits and requirements can be directl y affected by this regulation. Also potentially affected are businesses which supply ra w materials or equipment to manufacturers or marketers, and those that distribu te or sell consumer products in California. The focus of this analysis, however, w ill be on manufacturers, marketers, and distributors that are most affected by the prop osed measures.

The consumer products subject to the proposed measu res are manufactured, marketed, or distributed by a large number of companies world wide. According to our Surveys, there are about 244 companies that market the affec ted products in California. Many of these companies manufacture, market, and distribute a broad range of solvent, adhesive, household, and personal care products. A ll together, there are about 1,633 noncomplying products (based on reported figures). Of the companies manufacturing these products, 29 small-sized firms are located in California.

These 244 companies can be described by the North A merican Industry Classification System codes (NAICS): 325611, Soap and Other Deter gent Manufacturing; 325612, Polish and Other Sanitation Goods manufacturing; 32 5320, Pesticides and Agricultural Chemicals; and 324191, Lubricant manufacturing.

2. Analysis Approach

This analysis covers 4 industries with at least 244 affected businesses. The approach used in evaluating the potential economic impact of the proposed measures on these

businesses is as follows:

(1) A typical business from each product category w as selected from the respondents to the surveys. (2) A range of compliance costs were estimated for each affected product category. The average cost (see Table VIII-4) for each category was used in this analysis.Technical Support Document Chapter V III - 125

(3) Compliance cost to a typical business was then estimated based on a weighted average of all product category costs in t he affected industry. (4) Estimated cost was adjusted for federal and Sta te taxes. (5) The ROE was calculated for each of these busine sses by dividing the net profit by the net worth. The adjusted cost was the n subtracted from net profit data. The results were used to calculate an adjusted ROE. (6) The adjusted ROE was then compared with the ROE before the subtraction of the cost to determine the potential impact on the profitability

of the business.

An ROE reduction of more than 10 percent in profita bility assuming that all costs are absorbed by the affected company and not passed on to the consumer, is considered to indicate a potential for significant adverse econom ic impacts. This value has been used consistently by the ARB staff to determine impact s everity and is consistent with that used by the U.S. EPA.

3. Assumptions

This analysis uses 2006-2008 Dun and Bradstreet fin ancial data (D&B, 2009) for a nationwide typical businesses in the Polish and Oth er Sanitation Good Manufacturing industry (325612 NAICS code); Pesticides and Agricu ltural Chemicals (325320 NAICS code); and Lubricant manufacturing (324191 NAICS co de). For Soap and Other Detergent Manufacturing (NAICS code 325611) 2005-20 07 Dun and Bradstreet financial data (D&B, 2008) were used due to lack of 2008 data. These data were used

to calculate the ROEs before and after the subtract ion of the compliance costs for a typical business. The calculations were based on t he following assumptions:

(1) A typical business on a nationwide basis in eac h industry is representative of a typical California business in that industry; (2) All affected businesses were subject to federal and State tax rates of 35 percent and 9.3 percent respectively; and (3) Affected businesses are neither able to increas e the prices of their products, nor can they lower their costs of doing b usiness through shortterm cost-cutting measures.

Given the limitation of available data, we believe these assumptions are reasonable for most businesses at least in the short run; however, they may not be applicable to all

businesses.

4. Results

Table VIII-7 shows the results of our analysis of R OE. The percentage reduction in profitability ranges from less than 1 percent for P olish and Other Sanitation Good Manufacturing to less than 3 percent for Soap and O ther Detergent Manufacturing. The mean percentage reduction in profitability is 1.6 p ercent.Technical Support Document Chapter V III - 126 Table VIII-7 Summary of Decline in Return on Owners’ Equity (ROE )

NAICS Industry Percent Reduction

in ROE 325611 Soap and Other Detergent Manufacturing 2.9

325612 Polish & Other Sanitation Good Manufacturing 0.8

325320 Pesticides and Agricultural Chemicals 1.6 324191 Lubricant Manufacturing 1.1
Average 1.6

Based on the estimated ROEs, we believe that overal l, most affected businesses will be able to absorb the costs with no significant advers e impacts on their profitability. To the

extent that at least some of the estimated costs ar e passed on to consumers, the impact on businesses’ profitability will be less than esti mated here. However, the proposed amendments may impose economic hardship on some bus inesses with very little or no margin of profitability.



### D. Impacts on California Businesses, Consumers, and State and Local Agencies

Section 11346.3 of the Government Code requires Sta te agencies to assess the potential for adverse economic impacts on Californi a business enterprises and individuals when proposing to adopt or amend any ad ministrative regulation. The assessment must include a consideration of the impa ct of the proposed regulation on California jobs; business expansion, elimination or creation; and the ability of California business to compete with businesses in other states

.

1. Potential Impact on California Businesses

Our profitability analysis shows no significant cha nge in the average profitability of affected businesses that manufacture the products s ubject to these proposed amendments. Our analysis assumes that the companie s absorbed the entire costs of compliance. However, some individual companies may experience declines in profitability that are different than what we predi ct. In these instances we believe that these manufacturers will pass through at least a po rtion of their compliance costs to maintain profitability. To the extent that busines ses are able to pass on the increased costs to consumers, the adverse impact of the propo sed measures would be less than projected in this analysis. Furthermore, the proje cted impact will be less if businesses are able to improve their operational efficiency, t hus reducing their costs.

Nevertheless, the proposed measures may impose econ omic hardship on some businesses with very little or no margin of profita bility. These businesses, if hard pressed, can seek relief under the variance provisi on of the consumer products regulation for extensions to their compliance dates . Such extensions may provideTechnical Support Document Chapter V III - 127

sufficient time to minimize the cost impacts to the se businesses. Additional mitigation may be achieved by taking advantage of the complian ce flexibility offered by the existing Innovative Product Provision (IPP) and the Alternative Control Plan (ACP) Regulation (see Section F of this chapter and secti on G of Chapter IX).

2. Potential Impact on Business Creation, Eliminat ion or Expansion

The proposed amendments would have no noticeable impact on the status of California

businesses. This is because most affected business es are expected to be able to pass

on the bulk of the reformulation cost to consumers in terms of higher prices for their products. Should the proposed measures impose sign ificant hardship on California businesses, temporary relief in the form of a compl iance date extension under the variance provision may be warranted.

On the other hand, the proposed measures may provid e business opportunities for

some California businesses or result in the creatio n of new businesses. California businesses which supply raw materials and equipment or provide consulting services to affected industries may benefit from increased indu stry spending on reformulation.

3. Potential Impact on Business Competitiveness

The proposed measures would have no significant imp act on the ability of California businesses to compete with businesses in other stat es. Because the proposed measures would apply to all businesses that manufac ture or market certain consumer products regardless of their location, the staff’s proposal should not present any economic disadvantages specific to California businesses.

Nevertheless, the proposed amendments may have an a dverse impact on the competitive position of some small, marginal busine sses in California if these businesses lack resources to develop commercially a cceptable products in a timely manner. As stated above, such impacts can be mitig ated to a degree with a justified compliance extension under the variance provision o f the Consumer Products Regulation, or through additional regulatory flexib ility afforded by the IPP or the ACP Regulation (see Section F of this chapter and Secti on G of Chapter IX).

4. Potential Impact on California Employment

The proposed amendments are not expected to cause a noticeable change in California employment and payroll. As shown in Table VIII-8, according to the U.S. Department of Commerce, California employment in the industries a ffected by the proposed amendments was about 3,574 in 2008, or about 6.0 pe rcent of national employment in the affected industries. This represents less than 1 percent of manufacturing employment in California. Also, as shown in Table VIII-8, these employees generated about $188,488 million in payroll, or about 5.5 per cent of national payroll in the affected industries. This also accounts for less than 1 per cent of the total California manufacturing payroll in 2008.Technical Support Document Chapter V III - 128 Table VIII-8 California Employment and Payroll in Affected Indus tries

NAICS Number of Employees Payroll

California California Share as

Percent of U.S. California

(thousand dollars in 2008) California Share

as Percent of

U.S.

325611 952 4.4 46,606 4.1

325612 1400 8.1 70,360 7.4

325320 647 5.7 35,741 5.0

324191 575 5.6 35,781 5.8

Total 3,574 5.9 188,488 5.5

Source: (County Business Patterns, 2008)

5. Impacts on California Consumers

The potential impact of the proposed amendments on consumers depends upon the ability of affected businesses to pass on the cost increases to consumers. However, competitive market forces may prevent businesses fr om passing their cost increases on to consumers. Thus, we do not expect a significant change in retail prices.

Assuming the affected industry will pass on the ent ire compliance costs to consumers in terms of higher prices, we estimate the average pri ce of a product (including typical retail mark-up) would be about $0.06. This value i s different than reported earlier in the chapter. In the analysis here, we assume that a ma nufacturer will choose to spread the cost of compliance among all products they manufact ure (not just those affected by this proposal).

The proposed amendments may also affect consumers a dversely if they result in reduced performance attributes of the products. Ho wever, this scenario is unlikely to occur for the following reasons. First, for the pr oposed limits, there are already complying products with a market presence. Thus, t he industry already has the technology to manufacture compliant products that s atisfy consumers. Second, marketers are unlikely to introduce a product which does not meet their consumers’ expectations. This is because such an introduction would be damaging not only to the product sale, but also to the sale of other product s sold under the same brand name (impairing so-called “brand loyalty”). Finally, th e Board has provided flexibility, under the existing consumer products program, to business es whose situations warrant an extension to their compliance dates. For companies that can justify such variances, the additional time may afford more opportunity to expl ore different formulation, cost-cutting, performance-enhancing, or other marketing strategie s which can help make the transition to new complying products nearly transpa rent to consumers.Technical Support Document Chapter V III - 129

6. Potential Impacts to California State or Local A gencies

State agencies are required to estimate the cost or savings to any State or local agency

and school district in accordance with instructions adopted by the Department of Finance. The estimate shall include any nondiscret ionary cost or savings to local agencies and the cost or savings in federal funding to the State.

We have determined that the proposed limits will no t create costs or savings, as defined in Government Code section 11346.5(a)(6), to any St ate agency or in federal funding to the State, costs or mandate to any local agency or school district whether or not reimbursable by the State pursuant to Part 7 (comme ncing with section 17500), Division 4, title 2 of the Government Code, or othe r nondiscretionary savings to local agencies.

We are aware that the California Prison Industry Au thority (PIA) manufactures some products for which VOC limits are proposed. Based on their response to the 2006 Survey, the PIA manufactures nonaerosol “General Pu rpose Cleaner,” “General Purpose Degreaser,” and “Glass Cleaner” products. All of these reported products already comply with the proposed VOC limits for the se categories. Therefore, we expect no impacts on the PIA.

ARB will have costs for enforcing the proposed amen dments. It is estimated that beginning in fiscal year 2012-13 the Enforcement Di vision will require an additional

1.5 staff. The costs for these additional resource s will need to be addressed in the

future.



### E. Other Possible Economic Impacts of Regulatory Ch anges

In addition to the proposed VOC limits, there are o ther proposed amendments to the Consumer Products Regulation, some of which may hav e a potential economic impact on affected businesses. While we do not expect any significant economic impact from any of the proposals, it is possible that there cou ld be some increased cost to business resulting from proposed changes.



### F. Mitigation of Potential Impacts Through Addition al Regulatory Flexibility

If adopted by the Board, the proposed VOC limits wi ll be incorporated in section 94509 of the Consumer Products Regulation (title 17, Cali fornia Code of Regulations, sections 94507-94517). To complement the mandatory VOC limits, the existing consumer products program provides compliance flexi bility, through two voluntary, market-based programs: the IPP and the ACP Regulat ion. These options could be evaluated to minimize cost impacts. The IPP (secti on 94511) allows manufacturers to sell products that have VOC contents greater than t he applicable VOC limit, provided they demonstrate that such products actually emit l ess VOCs, on a per use basis, than representative products that comply with the VOC li mit. Using the emissions averagingTechnical Support Document Chapter V III - 130

approach, the ACP is a voluntary regulation (title 17, CCR, sections 94540-94555) designed to allow multi-product VOC averaging as an alternative means of complying

with the VOC limits. Additional information on the se provisions is contained in Chapter IX, section G.

Based on participation, it is reasonable to conclud e that manufacturers are using these programs to provide consumers with products that me et their needs, while lowering costs, improving the “market value” of their produc ts, or otherwise maintaining profit margins.

Overall, most affected businesses will benefit from the IPP and the ACP Regulation. Both programs are completely voluntary and impose n o additional costs to businesses to meet the requirements other than testing and rep orting requirements. Manufacturers who take advantage of these market-based programs p resumably do so because it costs less than direct compliance with the limits o r it provides some other market

benefits.

According to previous analyses, the potential cost differential which might result from competition under the ACP between small and large f irms would not necessarily cause extreme hardship on small firms. However, inclusio n of products subject to the proposed limits in an ACP may affect the level of c ompetition among companies, which could lead to the elimination of some marginal prod ucers for those products. Such competition may also have minor impacts on Californ ia employment and payroll. However, the impact is expected to be positive in t he long term. Any potential impacts on the ability of California businesses to compete with businesses in other states are also expected to be minimal.

REFERENCES

1. Air Resources Board. Initial Statement of Reaso ns. Proposed Amendments to the California Consumer Products Regulations . August 7, 2009. (ARB, 2009c)

2. Air Resources Board. 2008 Consumer & Commercial Products Survey Update for Dry Clean Only Spot Removers . January 14, 2009. (ARB, 2009e)

3. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation . May 9, 2008. (ARB, 2008a)

4. Air Resources Board. 2006 Consumer & Commercial Products Survey (Including Aerosol Coatings Products) . July 24, 2007. (ARB, 2007e)

5. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation and the Aerosol Coatings Regulation . September 29, 2006. (ARB, 2006a)Technical Support Document Chapter V III - 131

6. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation: Midter m Measures I . June 6, 1997. (ARB, 1997b)

7. D&B Industry and Financial Consulting Services. Industry Norms & Key Business Ratios, Manufacturing – Volume 1. SIC #2000-2999. T hree Year Edition 2008-

2009 . January, 2009. (D&B, 2009)

8. D&B Industry and Financial Consulting Services. Industry Norms & Key Business Ratios, Manufacturing – Volume 1. SIC #2000-2999. T hree Year Edition 2007-

2008 . January, 2008. (D&B, 2008)

9. United States Census Bureau. California QuickF acts from the US Census

Bureau

. http://quickfacts.census.gov/qfd/states/06000.html . 2010. (U.S. Census, 2010)

10. United States Census Bureau. 2008 County Busine ss Patterns (NAICS)

. (County Business Patterns, 2008)Technical Support Document Intention ally Blank Page - 132Technical Support Document Chapter I X - 133



## Chapter IX. Environmental Impacts

In this rulemaking, ARB staff is proposing amendmen ts to the Consumer Products Regulation that are designed to reduce volatile org anic compound (VOC) emissions. Mitigation measures are also proposed to ensure tha t use of certain toxic air contaminants (TAC), greenhouse gas (GHG) compounds with higher global warming potential (GWP) values, and certain surfactants kno wn to be toxic to aquatic species, are not used as products reformulate to meet the pr oposed VOC limits.

We have evaluated the environmental impacts of the proposed amendments on atmospheric processes and other media. Overall, we found that the proposed

amendments would have beneficial effects. In makin g this determination, we evaluated how the proposed amendments would impact ground-lev el ozone concentrations, particulate matter (secondary organic aerosols), cl imate change, stratospheric ozone depletion, air toxic emissions, water quality, soli d waste, and energy use.

Staff has conducted a qualitative health risk asses sment that concludes that public health would be further protected by adoption of th e proposed amendments. This finding is primarily related to the decrease in gro und-level ozone concentrations that would result if the proposal were adopted. Staff h as also determined that the public’s exposure to TACs will be reduced by the proposed mi tigation measure to prohibit use of methylene chloride, perchloroethylene, and trichlor oethylene in several product categories.

Our analysis of the reasonably foreseeable environm ental impacts of the methods of compliance is presented in subsections C through H below. Regarding reasonably foreseeable mitigation measures, the California Env ironmental Quality Act (CEQA) requires an agency to identify and adopt feasible m itigation measures that would minimize any significant adverse environmental impa cts described in the environmental analysis.



### A. Legal Requirements Applicable to the Analysis

The CEQA and ARB policy require an analysis to dete rmine the potential adverse environmental impacts of proposed regulations. Bec ause ARB’s program involving the adoption of regulations has been certified by the S ecretary of Resources (see Public Resources Code section 21080.5), the CEQA environme ntal analysis requirements are

allowed to be included in ARB’s Initial Statement o f Reasons instead of preparing an environmental impact report or negative declaration . In addition, ARB will respond in writing to all significant environmental points rai sed by the public during the publicTechnical Support Document Chapter I X - 134

review period or at the Board hearing. These respo nses will be contained in the Final Statement of Reasons for these proposed amendments.

Public Resources Code section 21159 requires that t he environmental impact analysis conducted by ARB include the following:

(1) an analysis of the reasonably foreseeable en vironmental impacts of the methods of compliance; (2) an analysis of reasonably foreseeable feasib le mitigation measures; and, (3) an analysis of reasonably foreseeable altern ative means of compliance with the regulation.

Before we present our analysis of the environmental impacts of the proposal, for ease of the reader the proposed amendments are summarized i n Part B.



### B. Summary of Proposed Amendments

Staff is proposing to establish lower VOC limits fo r 11 consumer product categories. These limits would reduce VOC emissions by about 6. 9 tons per day when fully effective. The proposed amendments to reduce VOC e missions would partially fulfill the consumer product reduction commitment contained in the 2007 State Implementation Plan (SIP) to meet the national ozone standard.

Several other regulatory modifications are proposed and necessary to implement the new requirements. These other regulatory proposals include:

• Modifying several definitions and proposing two ne w definitions;

• Prohibiting use of methylene chloride, perchloroet hylene, and trichloroethylene in products described as Silicone-based Multi-purpo se Lubricant, Specialpurpose Lubricant, Metal Polish or Cleanser, and Sp ot Remover products used on dry clean only fabrics (other Spot Remover produ cts are subject to an existing prohibition on use of these TACs).

• Prohibiting use of compounds with GWP values at or above 150 in Flying Bug Insecticide, Furniture Maintenance Product, Metal P olish or Cleanser, Specialpurpose Lubricant, Spot Remover, and Wasp or Hornet Insecticide products;

• Prohibiting use of alkylphenol ethoxylate surfacta nts in General Purpose Cleaner (nonaerosol), General Purpose Degreaser (nonaerosol ), Glass Cleaner (nonaerosol), Heavy-duty Hand Cleaner or Soap (nona erosol), and Oven or Grill Cleaner products.

• Consolidating and clarifying some existing regulat ory provisions; and

• Modifying Test Method 310 by adding the procedures for determining the VOC content of Fabric Softener-Single Use Dryer Product s and determining aromatic compound content of Paint Thinners and Multi-purpos e Solvent products.Technical Support Document Chapter I X - 135



### C. Summary of Impacts on Atmospheric Processes

In this section, we evaluate the impacts on atmosph eric processes. The evaluation includes our assessment of whether the proposed ame ndments would have a positive, negative, or no impact on these atmospheric process es.

1. Impacts of Proposed Amendments on Ground-level O zone Concentrations

Enhanced ground-level ozone formation involves the interaction between VOCs and oxides of nitrogen (NO x ) in the presence of sunlight. The rate of ozone g eneration is related closely to the amount and reactivity of VOC emissions as well as the amount of

NO x emissions available in the atmosphere (Seinfeld and Pandis, 1998). It is one of the State’s most persistent air quality problems. Rese arch has shown that, when inhaled, ozone can cause respiratory problems, aggravate ast hma, impair the immune system, and cause increased risk of premature death. Ozone also adversely affects vegetation throughout most of California. More information on the impacts of exposure to ozone can be found in Chapter IV, of this Technical Suppo rt Document.

a. Proposed VOC Standards : The proposed amendments are designed to reduce VOC emissions by about 6.9 tons per day when fully effective. Reducing these ozone precursor emissions will result in a positive envir onmental impact by lowering the concentrations of ground-level ozone in the atmosph ere. The categories proposed for regulation and the corresponding VOC emission reduc tions are shown in Table IX-1.

b. Proposed Toxics Prohibition : In accordance with CEQA, we are proposing a mitigation measure to ensure that emissions of meth ylene chloride, perchloroethylene, and trichloroethylene are not used as products are reformulated. We are proposing to prohibit the use of methylene chloride, perchloroet hylene, and trichloroethylene in products described as Silicone-based Multi-purpose Lubricant, Special-purpose Lubricant, Metal Polish or Cleanser, and Spot Remov er products used on dry clean only fabrics. The prohibition of these three solvents i s necessary, particularly for methylene chloride and perchloroethylene, because they are ex empt VOCs and could be used in reformulated products without ‘counting’ toward VOC content. However, the proposal to prohibit their use in these products co uld result in a slight increase in VOC emissions. This is because products containing the se TACs may have to be reformulated using VOC solvents. Staff, therefore, evaluated the potential for VOC emission increases resulting from this proposal.Technical Support Document Chapter I X - 136 Table IX-1 Proposed VOC Limits, Emissions, and Reductions at E ffective Date

Product Category Product

Form Proposed

VOC Limit
(weight percent) 2010 VOC

Emissions*
(tons per day) Effective

Date VOC

Reductions

at Effective

Date
(tons per day)

Flying Bug Insecticide Aerosol 20 0.65 12/31/2013 0 .06

Furniture Maintenance

Product Aerosol 12 1.32 12/31/2013 0.36

General Purpose

Cleaner Nonaerosol 0.5 12.04 12/31/2012 3.73

General Purpose Degreaser Nonaerosol 0.5 1.91 12/31/2012 1.17

Glass Cleaner Nonaerosol 3 3.34 12/31/2012 0.41

Heavy-duty Hand Cleaner or Soap Nonaerosol 1 0.79 12/31/2013 0.53

Metal Polish or

Cleanser Aerosol 15 0.22 12/31/2012 0.07

Metal Polish or

Cleanser Nonaerosol 3 0.20 12/31/2012 0.15

Oven or Grill Cleaner Aerosol 8 0.08 12/31/2012 >0. 0

Oven or Grill Cleaner Nonaerosol 4 0.24 12/31/2012 -0.12

Special-purpose

Lubricant Aerosol 25 0.26 12/31/2012 0.10

Special-purpose

Lubricant Nonaerosol 3 0.18 12/31/2012 0.13

Spot Remover (Dry Clean Only) Aerosol 15 >0.0 12/31/2012 >0.0

Spot Remover (Dry Clean Only) Nonaerosol 3 0.17 12/31/2012 0.17

Wasp or Hornet

Insecticide Aerosol 10 0.31 12/31/2013 0.14

Total Emissions

2010 21.7 tons per day

Total VOC

Reductions

Creditable Toward

2007 SIP 6.7 tons per day

Total VOC

Reductions

Creditable Toward

Future

Commitment 0.2 tons per day

* Survey emissions adjusted for market coverage a nd grown to the 2010 calendar year

The emissions of chlorinated solvents in these prod ucts totals about 0.1 tons per day. All but a small fraction of this total (< 1 percent ) is emissions of trichloroethylene. Because this solvent is a VOC, as a matter of cours e, its use would essentially beTechnical Support Document Chapter I X - 137

precluded by imposition of the VOC limits. Therefo re, we have concluded that VOC emissions would not increase as a result of the pro posed prohibitions. The proposed prohibition, then, would have no adverse impact on ground-level ozone concentrations. If there were to be a very small increase in VOC em issions we believe that preventing exposure to these TAC solvents outweighs the very s mall VOC emission increase that

may occur.

c. Proposed Global Warming Potential Limits : In accordance with CEQA, we are proposing a global warming potential (GWP) limit of 150 for compounds used in Flying Bug Insecticide, Furniture Maintenance Product, Met al Polish or Cleanser, Specialpurpose Lubricant, Spot Remover, and Wasp or Hornet Insecticide products. Absent this provision, use of several compounds with GWP v alues at or above 150 could result

in some small additional ozone reduction benefit if they were to be used in

reformulations.

d. Proposed Prohibition on Use of Alkylphenol Ethox ylate Surfactants : We are proposing to prohibit the use of alkylphenol ethoxy late surfactants in Oven or Grill Cleaner products and in the nonaerosol forms of Gen eral Purpose Cleaner, General Purpose Degreaser, Glass Cleaner, and Heavy-duty Ha nd Cleaner or Soap products. We do not expect this proposal to have an impact on ground level ozone concentrations. While this prohibition would elimi nate one potential reformulation option, many other surfactants are suitable, and re adily available, for use in these categories, making the use of alkylphenol ethoxylat e surfactants unnecessary. These surfactants are considered low vapor pressure (LVP) VOC compounds and do not count toward a product’s VOC content. Because of the man y alternatives available, precluding the use of alkylphenol ethoxylate surfac tants does not necessitate raising the proposed VOC limit.

e. Proposed New and Modified Definitions : We expect no impact on ground-level ozone concentrations resulting from the proposed ne w and modified definitions. These definitions are necessary to describe or clarify th e types of products that are subject to the VOC limits, but do not themselves impose any re quirements that would impact ground level ozone concentrations.

f. Other Proposed Amendments : A number of modifications to the regulatory language are proposed to consolidate various toxic prohibitions, consolidate GWP limits, and to clarify other provisions of the regu lation. These clarifications may result in an incremental improvement in compliance and theref ore, could result in an additional

ozone reduction benefit.

g. Proposed Changes to Method 310 : The proposed changes to Method 310 would add the procedures for determining the VOC content of Fabric Softener-Single Use Dryer Products and determining aromatic compound co ntent of Paint Thinner and Multipurpose Solvent products. These procedures themsel ves are expected to have no impact on ground level ozone concentrations. Howev er, the proposals would allow enforcement of requirements designed to reduce ozon e concentrations.Technical Support Document Chapter I X - 138

2. Impacts of Proposed Amendments on Particulate Ma tter (Secondary Organic Aerosols)

Fine particulate matter (PM) is prevalent in the ur ban atmosphere (see, for example,

Pandis et al., 1992). Ambient PM, especially those with diameters less than two and a half micrometers (PM 2.5 ), is known to have negative impacts on human healt h (Schwartz

et al. , 1996; Moolgavkar and Luebeck, 1996). Similarly t o ozone, PM can be formed via atmospheric oxidation of organic compounds (Finlays on-Pitts and Pitts, 2000). Modeling techniques to determine the amount of ozon e as well as the amount of aerosol formed from a VOC have been established (Bo wman et al. , 1994), and a concept similar to maximum incremental reactivity i s being applied to quantitatively assess the aerosol formation potential of a VOC (i. e. incremental aerosol reactivity) (Griffin et al. , 1999). More information on the health impacts of PM is found in Chapter IV of the report.

Although most organic compounds contribute to ozone formation, SOA is usually formed from photooxidation of VOCs with carbon numb ers equal to six or more (Seinfeld and Pandis, 1998). It has also been show n that aromatic compounds are more likely to participate in the formation of SOA than are alkanes (Grosjean, 1992;

Pandis et al., 1992). In other words, only chemicals that react f ast enough in the atmosphere will generate sufficient amounts of low volatility products for forming aerosols. The analysis of the impact on SOA format ion resulting from implementing the proposed VOC limits is detailed below.

In general terms, the potential to form SOA among c ommon classes of VOCs used in consumer products could be described by the followi ng order, with the lower molecular weight alkanes and ketones being least likely:

Least Likely Lower molecular weight alkanes and ke tones (6 carbons or

less) Higher molecular weight alkanes Higher molecular weight aromatics (polysubstituted benzenes) More Likely Lower molecular weight aromatics (C6 - C8 compounds)

a. Proposed VOC Standards : The analysis of the potential impact on PM forma tion from the proposed VOC limits assumes that to meet t he proposed limits will require replacing about 6.9 tons per day of VOC ingredients with 6.9 tons per day of non-VOC ingredients or exempt VOCs. To meet the proposed V OC limits, manufacturers generally have five reformulation options: use of exempt VOCs, such as acetone or methyl acetate; use of LVP-VOC solvents; use of sur factants; use of water; increasing ‘solids’ content; or use of non-VOC propellants. S ubstitution for VOCs with water, higher solids content, or non-VOC propellants would likely result in a small reduction in SOA formation. The most likely exempt VOC solvents that could be used to comply, acetone and methyl acetate, both having three carbo n atoms, have little potential to contribute to SOA formation. Indeed, it has been p redicted that there would be no SOATechnical Support Document Chapter I X - 139

yield from acetone (Pandis et al., 1992). Hence, use of these compounds could also

result in a reduction in SOA.

If manufacturers were to reduce overall VOC content to comply with the proposed limits by reformulating with smaller amounts of stronger V OC solvents could result in

increased SOA formation. This is because the commo nly used stronger solvents are aromatic compounds, such as xylenes and toluene, wh ich are known to have higher SOA potentials than other commonly used VOCs. In t he categories proposed for regulation we do not believe that aromatic compound s are a likely reformulation pathway. Therefore, we expect no increase in SOA d ue to use of aromatic compounds. However, substitution of LVP-VOC solvents for VOCs could result in a slight SOA increase (Chan et al

., 2009).

Because we can not predict how manufacturers will c hoose to reformulate, we can not fully evaluate the potential for increased SOA form ation. However, it is likely to be only a slight potential for increase, if any, due to the variety of reformulation options available. At any rate, it will not be a significa nt adverse impact. Additionally, any

reformulations that result in increased SOA would l ikely be offset by reformulations resulting in lower SOA. For example, one potential reformulation option for Heavy Duty Hand Cleaner or Soap products would be to substitut e an LVP-VOC hydrocarbon solvent for terpenes such as d-limonene, a VOC. D- limonene can react with ozone to form a variety of secondary products including form aldehyde and SOA (Singer et al.

, 2006). Potential use of this proposed reformulatio n option could result in lower SOA formation. We will continue to monitor implementat ion of the regulation and reassess the impacts as more data quantitative data on SOA f ormation potentials become

available.

b. Proposed Toxics Prohibition : The proposal to prohibit use of methylene chlori de, perchloroethylene, and trichloroethylene in product s described as Silicone-based Multipurpose Lubricant, Special-purpose Lubricant, Metal Polish or Cleanser, and Spot Remover products used on dry clean only fabrics sho uld have no or negligible impacts on SOA formation. These compounds are not expected to be potent participants in SOA formation because they are small molecules and have only one or two carbon atoms. By precluding use of these solvents in curr ent formulations and as a reformulation option, we would potentially relinqui sh some additional small reduction in the production of SOA. For example, if these TAC s olvents, rather than LVP-VOC solvents were to be used, the SOA formation potenti al of reformulated products could be slightly lower. However, we believe that preven ting the public’s exposure to these TAC solvents, which are potential human carcinogens , outweighs the uncertain small potential for a reduction in SOA.

c. Proposed Global Warming Potential Limits : The proposed GWP limit of 150 for compounds used in the reformulation of Flying Bug I nsecticide, Furniture Maintenance Product, Metal Polish or Cleanser, Special-purpose Lubricant, Spot Remover, and Wasp or Hornet Insecticide products is expected to have negligible or no impact on PM or SOA formation. We do not believe that compounds with GWP values at or aboveTechnical Support Document Chapter I X - 140

150 could be substituted in such a way to significa ntly change the amount of SOA formed from these categories.

d. Proposed Prohibition on Use of Alkylphenol Ethox ylate Surfactants : We are proposing to prohibit the use of octylphenol and no nylphenol ethoxylate surfactants in Oven or Grill Cleaner products and in the nonaeroso l forms of General Purpose Cleaner, General Purpose Degreaser, Glass Cleaner, and Heavy-duty Hand Cleaner or Soap products. We expect this proposal to have a n eutral impact on SOA formation. Alkylphenol ethoxylate surfactants, as well as othe r surfactants that would be used in these categories, are considered LVP-VOC compounds and do not count toward a product’s VOC content. It is also unlikely that th ese large molecules have an air fate. Therefore, regardless of which surfactant is select ed, the impacts on SOA, if any, are likely similar.

e. Proposed New and Modified Definitions : We expect no impact on SOA formation resulting from the proposed new and modified defini tions. These definitions are necessary to describe or clarify the types of produ cts that are subject to the VOC limits but do not themselves impose any requirements that would affect SOA formation.

f. Other Proposed Amendments : A number of modifications to the regulatory language are proposed to consolidate various toxic prohibitions, consolidate GWP limits, and to clarify other provisions of the regu lation. These consolidations of existing requirements, and language clarifications do not re sult in any change to the environment. Therefore, we expect these amendments to have no impact on SOA

formation.

g. Proposed Changes to Method 310 : The proposed changes to Method 310 would add the procedures for determining the VOC content of Fabric Softener-Single Use Dryer Products and determining aromatic compound co ntent of Paint Thinner and Multipurpose Solvent products. These procedures themsel ves impose no requirements and should have no impact on SOA formation.

3. Impacts of Proposed Amendments on Climate Change

Climate change or global warming is the process whe reby emissions of anthropogenic pollutants, together with other naturally-occurring gases, absorb infrared radiation in the atmosphere, leading to increases in the overall ave rage global temperature.

Gases in the atmosphere can contribute to the green house effect both directly and indirectly. Direct effects occur when the gas itse lf is a GHG. Indirect radiative forcing occurs when chemical transformations of the origina l gas produce other GHGs, when a gas influences the atmospheric lifetimes of methane , and/or when a gas affects atmospheric processes that alter the radiative bala nce of the earth ( e.g. , affect cloud formation).Technical Support Document Chapter I X - 141

Compounds with direct effects include VOCs, carbon dioxide (CO 2 ), hydrofluorocarbons (HFCs), hydrofluoroethers (HFEs), and hydrochlorofl uorocarbons (HCFCs). Even though VOCs have direct effects, they are considere d GHGs primarily because of their role in creating ozone and in prolonging the life o f methane in the atmosphere, although the effect varies depending on local air quality. More information on climate change can be found in Chapter IV of this report.

a. Proposed VOC Standards : As described above, VOCs are considered GHGs because of their role in ground-level ozone formati on. However, because these amendments would reduce the total amount of VOCs, a nd thereby ground-level ozone concentrations, the proposed VOC limits should have an overall positive impact on climate change. However, two reformulation options may lead to very slight increases

in GHG emissions. These are discussed below.

To meet the proposed VOC limits, CO 2 , to a limited extent, could be used to replace hydrocarbon propellants in some consumer product ca tegories. The survey data

indicate that CO 2 is already used in certain consumer products propos ed for regulation, including Special-purpose Lubricant and Wasp or Hor net Insecticide products. In these categories CO 2 use is likely to increase as manufacturers reformu late to meet the lower proposed VOC limits. In other categories with aero sol product forms, CO 2 may also be a reformulation pathway. Even though CO 2 has a direct impact on climate change, cobenefits are expected to the extent that CO 2 replaces VOC propellants in consumer products. Specifically, less ozone and methane will be formed. Further, the contribution

of CO 2 to global warming is likely less than that of the VOC being replaced. In addition,

most CO 2 used as propellant is a recycled by-product of exi sting processes and, therefore, does not increase global warming from a lifecycle standpoint (ARB, 1999).

Another reformulation path for the aerosol products may be to replace some or all the typical hydrocarbon propellants with HFC-152a or HF C-134a. These compounds are exempt VOCs, but are global warming compounds. HFC -152a and HFC-134a have global warming potentials of 140 and 1,300, respect ively. Limited use of the moderately warming compound HFC-152a was reported in several c ategories proposed for regulation. No use of the higher warming HFC-134a was reported. Staff has proposed

limits that are achievable without the use of eithe r of these exempt propellants. Because of this, along with the substantially highe r cost of these propellants, we do not expect emissions of HFC-152a to increase. As descr ibed later in section E of this chapter, to ensure that reformulating to meet the V OC limits does not result in an adverse impact on climate change we are proposing t o preclude use of compounds with GWP values at or above 150. This proposed mitigati on measure will ensure that there would be no additional impact on climate change fro m use of these global warming compounds.

b. Proposed Toxics Prohibition : The proposal to prohibit use of methylene chlori de, perchloroethylene, and trichloroethylene in product s described as Silicone-based Multipurpose Lubricant, Special-purpose Lubricant, Metal Polish or Cleanser, and Spot Remover products used on dry clean only fabrics wil l likely have no or negligibleTechnical Support Document Chapter I X - 142

impacts on climate change. Even if VOCs or compoun ds with GWP values less than 150 were used to replace TACs in these products the re would be a negligible increase in global warming compound emissions because the to tal amount of these TACs is less than 0.1 tons per day.

c. Proposed Global Warming Potential Limits : The proposed GWP limit of 150 for compounds used in Flying Bug Insecticide, Furniture Maintenance Product, Metal Polish or Cleanser, Spot Remover, Special-purpose Lubrican t, and Wasp or Hornet Insecticide products is designed to minimize the climate change impacts of the emissions from products in these categories. Therefore, we expect the proposal to have overall beneficial impacts on climate change by preventing use of compounds with higher GWP

values.

d. Proposed Prohibition on Use of Ethoxylate Surfac tants : We are proposing to prohibit the use of alkylphenol ethoxylate surfacta nts in Oven or Grill Cleaner products and in the nonaerosol forms of General Purpose Clea ner, General Purpose Degreaser, Glass Cleaner, and Heavy-duty Hand Cleaner or Soap products. We do not expect this proposal to have an impact on climate change becaus e the compounds that would be used in place of the alkylphenol ethoxylate surfact ants are not global warming compounds.

e. Proposed New and Modified Definitions : We expect no impact on climate change resulting from the proposed new and modified definitions. These definitions are necessary to describe or clarify the types of produ cts that are subject to the VOC limits but do not themselves impose any requirements that would affect climate change.

f. Other Proposed Amendments : A number of modifications to the regulatory language are proposed to consolidate various toxic prohibitions, consolidate GWP limits, and to clarify other provisions of the regu lation. These consolidations of existing requirements, and language clarifications do not re sult in any change to the environment. Therefore we expect these amendments to have no impact on climate change.

g. Proposed Changes to Method 310 : The proposed changes to Method 310 would add the procedures for determining the VOC content of Fabric Softener-Single Use Dryer Products and determining aromatic compound co ntent of Paint Thinner and Multipurpose Solvent products. These procedures themsel ves impose no requirements and should have no impact on climate change.

4. Impacts of Proposed Amendments on Stratospheric Ozone Depletion

The stratospheric ozone layer shields the earth fro m harmful ultraviolet (UV) radiation. Depletion of the earth’s ozone layer allows a highe r penetration of UV radiation to the earth's surface. This increase in UV radiation pen etration leads to a greater incidence of skin cancer, cataracts, and impaired immune syst ems. Reduced crop yields and diminished ocean productivity are also expected. B ecause the chemical reactions,Technical Support Document Chapter I X - 143

which form ground-level ozone are driven by UV radi ation, it is conceivable that a reduction in stratospheric ozone concentrations may also result in an increase in the formation of photochemical smog because of the incr eased levels of UV radiation on the earth’s surface (ARB, 2000). The chemicals most im plicated as causing stratospheric ozone depletion are chlorofluorocarbons (CFCs), HCF Cs, and halons (U.S. EPA, 2003a). Specifically, the chlorine or bromine atom s released by photolysis of the compounds react in chain reactions leading to the c atalytic destruction of ozone (Finlayson-Pitts and Pitts, 2000).

Solar irradiation in the stratosphere contains suff icient UV light to break down CFCs and HCFCs to yield chlorine atoms that convert ozone to molecular oxygen. However, this UV light is not strong enough to break down HFCs an d HFEs to create fluorine atoms. In addition, the molecular structure of HFCs and HF Es includes hydrogen atoms, which renders them susceptible to attack by hydroxyl radi cals in the troposphere. Therefore, these chemicals have a relatively short atmospheric lifetime, which does not allow any appreciable amounts to penetrate into the stratosph ere (ARB, 2008d).

To address stratospheric ozone depletion, the Montr eal protocol was enacted in 1989, to phase out a number of CFCs, HCFCs, and halons. As a signatory of this protocol, the United States, in the Federal Clean Air Act of 1990 established timetables for ceasing production (see part 40, Code of Federal Re gulations, section 602). In general, the protocol establishes dates by which certain com pounds can no longer be manufactured; however, existing stocks can continue to be used in some applications

until exhausted.

a. Proposed VOC Standards : Reducing VOCs will have no impact on stratospher ic ozone depletion. As products reformulate to meet t he proposed VOC limits, provisions in the Consumer Products Regulation (see section 94 509(e)) already prohibit the use of various stratospheric ozone depleting compounds. T his provision ensures there will be no increased use of stratospheric ozone depleting c ompounds.

b. Proposed Toxics Prohibition : The proposal to prohibit use of methylene chlori de, perchloroethylene, and trichloroethylene in product s described as Silicone-based Multipurpose Lubricant, Special-purpose Lubricant, Metal Polish or Cleanser, and Spot Remover products used on dry clean only fabrics sho uld have no impact on stratospheric ozone depletion. In order to comply with this prohibition, VOCs may replace these TACs in reformulated products. VOCs are not stratospheric ozone depleting compounds. It should also be noted that manufacturers are precluded from reformulating with stratospheric ozone depleting co mpounds because use of these compounds is already restricted by the Consumer Pro ducts Regulation (see section 94509(e)).

c. Proposed Global Warming Potential Limits : The proposed GWP limit of 150 for compounds used in Flying Bug Insecticide, Furniture Maintenance Product, Metal Polish or Cleanser, Spot Remover, Special-purpose Lubrican t, and Wasp or Hornet Insecticide products will ensure that these products’ emissions do not contribute to further depletionTechnical Support Document Chapter I X - 144

of the stratospheric ozone layer. This is because some compounds with higher GWPs are also stratospheric ozone depleting compounds.

d. Proposed Prohibition on Use of Alkylphenol Ethox ylate Surfactants : We are proposing to prohibit the use of alkylphenol ethoxy late surfactants in Oven or Grill Cleaner products and in the nonaerosol forms of Gen eral Purpose Cleaner, General Purpose Degreaser, Glass Cleaner, and Heavy-duty Ha nd Cleaner or Soap products. We do not expect this proposal to have an impact on stratospheric ozone depletion because the compounds that would be used in place o f the alkylphenol ethoxylate surfactants are not stratospheric ozone depleting c ompounds.

e. Proposed New and Modified Definitions : We expect no impact on stratospheric ozone depletion resulting from the proposed new and modified definitions. These definitions are necessary to describe or clarify th e types of products that are subject to the VOC limits but do not themselves impose any req uirements that would have an impact on stratospheric ozone depletion.

f. Other Proposed Amendments : A number of modifications to the regulatory language are proposed to consolidate various toxic prohibitions, consolidate GWP limits, and to clarify other provisions of the regu lation. These consolidations of existing requirements, and language clarifications do not re sult in any change to the environment. Therefore, we expect these amendments to have no impact on stratospheric ozone depletion.

g. Proposed Changes to Method 310 : The proposed changes to Method 310 would add the procedures for determining the VOC content of Fabric Softener-Single Use Dryer Products and determining aromatic compound co ntent of Paint Thinner and Multipurpose Solvent products. These procedures themsel ves impose no requirements and should have no impact on stratospheric ozone deplet ion.



### D. Other Potential Environmental Impacts

In section C we evaluated the proposed amendments’ impacts on air quality. In this section we provide an analysis as to whether the pr oposed amendments would impact

other media.

1. Impacts of Proposed Amendments on Solid Waste Di sposal

Consumer products contribute to the solid waste str eam by virtue of the packaging, container, or mechanism such as towelettes or “wipe s” used to deliver the product. Therefore, we evaluated the potential impacts of th e proposed amendments on the solid

waste stream.

a. Proposed VOC Standards : We do not expect an adverse impact on solid wast e disposal from the proposed amendments relating to V OC limits. Most of the reformulation options include increasing production of existing complying products,Technical Support Document Chapter I X - 145

using water-based formulations, or replacing VOC so lvents with exempt compounds or LVP-VOC solvents. These reformulation options are not expected to alter the current methods of packaging, container, delivery mechanism

.

b. Proposed Toxics Prohibition : The proposal to prohibit use of methylene chlori de, perchloroethylene, and trichloroethylene in product s described as Silicone-based Multipurpose Lubricant, Special-purpose Lubricant, Metal Polish or Cleanser, and Spot Remover products used on dry clean only fabrics sho uld have no impact on solid waste disposal because the compounds used to replace them require no different packaging, or additional packaging. In addition, this propose d prohibition on use of chlorinated

TAC solvents should ensure that there is no increas ed hazardous waste disposal.

c. Proposed Global Warming Potential Limits : The proposed GWP limit of 150 for compounds used in Flying Bug Insecticide, Furniture Maintenance Product, Metal Polish or Cleanser, Spot Remover, Special-purpose Lubrican t, Wasp or Hornet Insecticide products is expected to have no impact on waste dis posal. Implementing this proposal does not cause a change in the manner in which prod ucts are to be disposed.

d. Proposed Prohibition on Use of Ethoxylate Surfac tants : We are proposing to prohibit the use of alkylphenol ethoxylate surfacta nts in Oven or Grill Cleaner products and in the nonaerosol forms of General Purpose Clea ner, General Purpose Degreaser, Glass Cleaner, and Heavy-duty Hand Cleaner or Soap products. We do not expect this proposal to have an impact on solid waste disposal because the compounds that would be used in place of the alkylphenol ethoxylate surf actants are not disposed of in a

manner that would be different.

e. Proposed New and Modified Definitions : We expect no impact on solid waste disposal resulting from the proposed new and modifi ed definitions. These definitions are necessary to describe or clarify the types of p roducts that are subject to the VOC limits but do not themselves impose any requirement s that would affect solid waste disposal.

f. Other Proposed Amendments : A number of modifications to the regulatory language are proposed to consolidate various toxic prohibitions, consolidate GWP limits, and to clarify other provisions of the regu lation. These consolidations of existing requirements, and language clarifications do not re sult in any change to the environment. Therefore, we expect these amendments to have no impact on solid waste disposal.

g. Proposed Changes to Method 310 : The proposed changes to Method 310 would add the procedures for determining the VOC content of Fabric Softener-Single Use Dryer Products and determining aromatic compound co ntent of Paint Thinner and Multipurpose Solvent products. These procedures themsel ves impose no requirements and should have no impact on solid waste disposal.Technical Support Document Chapter I X - 146

2. Impacts of Proposed Amendments on Water Quality

Because of how consumer products are used there are potential water quality impacts. For example many products are diluted with water an d used with a mop and bucket. This generally results in excess product that is di sposed of “down the drain.” Therefore, we evaluated the impacts of the proposed amendments on water quality.

a. Proposed VOC Standards

Overall, reducing VOCs should have no impact on wat er quality and could ultimately result in a positive impact. As products reformula te to meet the proposed VOC limits, to a limited extent, water may replace VOCs in some pr oducts. This would have a positive impact on water quality by reducing the quantity of VOCs that might be introduced to the water supply. If exempt solvent compounds replace VOCs in reformulated products, there should be no increased impact. This is becau se as far as water chemistry is concerned, VOCs and VOC exempt solvents are similar . It is also true that many VOCs are biodegraded as they pass through the waste wate r stream.

Staff has determined that use of surfactants is a v iable reformulation pathway for several cleaning products. Generally, surfactants are LVP-VOC ingredients. Depending on the type of surfactant chosen there co uld be water quality impacts if

these surfactants are washed “down the drain.” In particular, the alkylphenol ethoxylate surfactants are known to have toxic impacts on aqua tic species. They are estrogenic. In light of this, staff is proposing a specific mit igation measure as described in subpart

‘d’ of this section and in section E.

One reformulation option for nonaerosol Heavy-duty Hand Cleaner or Soap products

could result in an increase in the use of abrasive ingredients. Increased amounts of abrasive ingredients will potentially be washed “do wn the drain,” impacting water treatment and increasing solid waste. Therefore, s taff evaluated the potential that increased use of abrasives could impact water quali ty. We determined that there is no

reason to believe that the reformulation of nonaero sol Heavy-duty Hand Cleaner or Soap products would have significant adverse impact s on water treatment systems. Approximately 60 percent of the 113 products that c omply with the proposed VOC limit of 1 percent by weight contain abrasives with 12 pr oducts containing less than 1 percent by weight. About half of the complying products co ntain very little or no abrasive ingredients, indicating that product reformulations that do not rely on increase use of abrasives are just as likely. Moreover, should man ufacturers choose to use abrasive ingredients, biodegradable materials such as crushe d nut shells, seeds or corn cobs are options.

b. Proposed Toxics Prohibition : The proposal to prohibit use of methylene chlori de, perchloroethylene, and trichloroethylene in product s described as Silicone-based Multipurpose Lubricant, Special-purpose Lubricant, Metal Polish or Cleanser, and Spot Remover products for use on dry clean only fabrics should have a positive impact on water quality by ensuring that these TACs will not enter the water system andTechnical Support Document Chapter I X - 147

subsequently effect influent and effluent concentra tions at publicly owned treatment works (POTW).

c. Proposed Global Warming Potential Limits : The proposed GWP limit of 150 for compounds used in Flying Bug Insecticide, Furniture Maintenance Product, Metal Polish or Cleanser, Spot Remover, Special-purpose Lubrican t, Wasp or Hornet Insecticide products is expected to have no impact on water qua lity. We are not aware of compounds with GWP values at or greater than 150 th at could lead to improving water quality if they were to be used in formulations. T herefore, we expect no adverse impacts from this proposed limit.

d. Proposed Prohibition on Use of Alkylphenol Ethox ylate Surfactants : We are proposing to prohibit the use of alkylphenol ethoxy late surfactants in Oven or Grill Cleaner products and in the nonaerosol forms of Gen eral Purpose Cleaner, General Purpose Degreaser, Glass Cleaner, and Heavy-duty Ha nd Cleaner or Soap products. We expect this proposal to have a beneficial impact on water quality because amounts of these aquatic toxicants would be reduced. The n eed for this prohibition is set forth in section E of this chapter.

e. Proposed New and Modified Definitions : We expect no impact on water quality resulting from the proposed new and modified defini tions. These definitions are necessary to describe or clarify the types of produ cts that are subject to the VOC limits but do not themselves impose any requirements that would affect water quality.

f. Other Proposed Amendments : A number of modifications to the regulatory language are proposed to consolidate various toxic prohibitions, consolidate GWP limits, and to clarify other provisions of the regu lation. These consolidations of existing requirements, and language clarifications do not re sult in any change to the environment. Therefore, we expect these amendments to have no impact on water quality.

g. Proposed Changes to Method 310 : The proposed changes to Method 310 would add the procedures for determining the VOC content of Fabric Softener-Single Use Dryer Products and determining aromatic compound co ntent of Paint Thinner and Multipurpose Solvent products. These procedures themsel ves impose no requirements and should have no impact on water quality.

3. Impacts of Proposed Amendments on Energy

As products are reformulated to comply with the pro posed amendments staff evaluated, to the extent feasible, whether the reformulation p rocess or finished products would impact energy consumption. Among the processes to consider would be transportation related or raw ingredient manufacturing costs.

a. Proposed VOC Standards : Reformulation of products to meet the proposed VOC limits should have no impact on energy use beca use we do not expect theTechnical Support Document Chapter I X - 148

manufacturing processes or shipping practices to be changed. We also do not expect the manufacture of compounds used in reformulations to result in energy use above the current situation because the types of chemicals pr edicted to be used are similar to those being replaced.

b. Proposed Toxics Prohibition : The proposal to prohibit use of methylene chlori de, perchloroethylene, and trichloroethylene in product s described as Silicone-based Multipurpose Lubricant, Special-purpose Lubricant, Metal Polish or Cleanser, and Spot Remover products used on dry clean only fabrics is expected to have negligible, or no impact on energy use. Absent the proposed prohibit ion, we are not aware of how these compounds could be used in a manner that would caus e an appreciable change in energy use or savings.

c. Proposed Global Warming Potential Limits : The proposed GWP limit of 150 for compounds used in aerosol Flying Bug Insecticide, F urniture Maintenance Product, Metal Polish or Cleanser, Spot Remover, Special-pur pose Lubricant, Wasp or Hornet Insecticide products is expected to have no impact on energy use. In the absence of this provision we are not aware of how these compou nds could be used in reformulations that would cause an appreciable chan ge in energy use or savings.

d. Proposed Prohibition on Use of Ethoxylate Surfac tants : We are proposing to prohibit the use of alkylphenol ethoxylate surfacta nts in Oven or Grill Cleaner products and in the nonaerosol forms of General Purpose Clea ner, General Purpose Degreaser, Glass Cleaner, and Heavy-duty Hand Cleaner or Soap products. We do not expect this proposal to have an impact on energy use because th e compounds that would be used in place of the alkylphenol ethoxylate surfactants are similar.

e. Proposed New and Modified Definitions : We expect no impact on energy use resulting from the proposed new and modified defini tions. These definitions are necessary to describe or clarify the types of produ cts that are subject to the VOC limits but do not themselves impose any requirements that would affect energy use.

f. Other Proposed Amendments : A number of modifications to the regulatory language are proposed to consolidate various toxic prohibitions, consolidate GWP limits, and to clarify other provisions of the regu lation. These consolidations of existing requirements, and language clarifications do not im pose requirements that would result in energy use that is different from energy use tha t would occur absent these provisions. Therefore, we expect these amendments to cause no a ppreciable change in energy use or savings.

g. Proposed Changes to Method 310 : The proposed changes to Method 310 would add the procedures for determining the VOC content of Fabric Softener-Single Use Dryer Products and determining aromatic compound co ntent of Paint Thinner and Multipurpose Solvent products. These procedures themsel ves impose no requirements and should have no impact on energy use.Technical Support Document Chapter I X - 149



### E. Analysis of Need for Reasonably Foreseeable Miti gation

Measures

As part of our obligations under CEQA, ARB staff is required to evaluate and mitigate potential adverse environmental impacts resulting f rom regulatory proposals. Also, pursuant to Health and Safety Code section 39650 et seq ., the ARB is required to identify and control TACs. The Health and Safety C ode defines a TAC as “...an air pollutant which may cause or contribute to an incre ase in mortality or serious illness, or which may pose a hazard to human health.” Moreover , in accordance with section 39666 of the Health and Safety Code, for TACs for w hich no safe exposure threshold has been established, the ARB is required to “.... re duce emissions to the lowest level achievable through application of best available co ntrol technology or a more effective

control method....”

Several chemicals currently used in the products fo r which VOC limits are proposed, or that are potential reformulation options, are known to have health impacts, or otherwise adversely impact the environment. An increased or continued use of these compounds in the categories proposed for regulation could lea d to potential adverse environmental impacts. Because of this, ARB staff evaluated this potential to determine if use of these compounds, at the concentrations predicted, could r esult in adverse public or personal exposures or result in any other potential adverse environmental impact. Staff’s analyses follow.

1. Proposed Mitigation Measure to Prohibit Use of Cert ain Chlorinated

TACs

Use of three chlorinated solvents, methylene chlori de, perchloroethylene, and trichloroethylene, was reported as currently used i n several categories proposed for regulation. In review of reformulation approaches for several other categories staff determined that these compounds, although not curre ntly used, could be used as products reformulate to meet the proposed VOC limit s. These chlorinated solvents have been identified as TACs because they are possi ble or probable human carcinogens.

Two of these TACs, methylene chloride and perchloro ethylene, are specifically exempted from the VOC definition (see section 94508 a) in recognition of their very low ozone-forming capability. Thus, the potential exis ts that to meet VOC limits, manufacturers could reformulate using these exempt VOC TACs leading to an adverse impact. Because these two compounds are TACs we ar e proposing a specific mitigation measure to address their use. While tri chloroethylene is regulated as a VOC, such that its use should not increase as products r eformulate to meet VOC limits, because it is a TAC we believe a mitigation measure is necessary to ensure that it is not

used.

For specific information related to the toxicity of these compounds the reader is referred to the following documents:Technical Support Document Chapter I X - 150

a. Initial Statement of Reasons for the Proposed A irborne Toxic Control

Measure for Emissions of Chlorinated Toxic Air Cont aminants from Automotive Maintenance and Repair Activities . March 10, 2000. (ARB, 2000).

b. Initial Statement of Reasons for the Proposed A mendments to the

California Aerosol Coating Products, Antiperspirant s and Deodorants, and Consumer Products Regulations, Test Method 310, and Airborne Toxic

Control Measure for Para-Dichlorobenzene Solid Air Fresheners and

Toilet/Urinal Care Products . May 7, 2004. (ARB, 2004b).

c. Initial Statement of Reasons for the Proposed Am endments to the California Consumer Products Regulations . May 9, 2008. (ARB, 2008a)

In this rulemaking staff is proposing to prohibit t he use of methylene chloride, perchloroethylene, and trichloroethylene in Silicon e-based Multi-purpose Lubricant, Special-purpose Lubricant, Metal Polish or Cleanser , and Spot Remover products for use on dry clean only fabrics. The proposed prohib itions would be contained in section 94509(m) of the regulation. Implementing this prov ision would reduce emissions of methylene chloride, perchloroethylene, and trichlor oethylene by about 0.1 tons per day and prevent their use in reformulated products.

In each category where we are proposing this prohib ition, staff has determined that use of these TAC compounds poses an unnecessary health hazard. Therefore, the proposed prohibitions are necessary to mitigate pot ential adverse impacts that would result from implementing VOC limits for these categ ories. The prohibitions would also align with State law that requires use of best avai lable control technology in instances where no safe exposure threshold is known.

Staff also determined that a variety of reformulati on technologies exist such that use of these TACs is not necessary in these categories. M ore detailed information on alternative products and chemicals that can be used to reformulate products such that use of methylene chloride, perchloroethylene, and t richloroethylene is unnecessary is contained in Chapter VII.

The proposed prohibition is a mitigation measure un der CEQA (Public Resources Code

section 2100 et seq .). An alternative basis for the prohibition, howe ver, is the authority granted the ARB to control toxic air contaminants ( TACs) under Health and Safety Code

section 39665 et seq

.

2. Proposed Mitigation Measure Related to Greenhous e Gas

Emissions

Staff evaluated data for categories for which VOC l imits are proposed to determine whether compounds with higher GWP values could be u sed to reformulate products.Technical Support Document Chapter I X - 151

Limited use of the propellant HFC-152a was reported in several categories. Although not reported, staff determined that use of the exem pt VOC propellant HFC-134a could occur. A very small amount (less than 1 pound per day) of the exempt VOC HCFC-141b was reported in one category. We have si nce learned that products containing this compound are no longer sold in Cali fornia.

Even though it does not appear that use of compound s with high GWPs is necessary or desirable, staff is proposing a mitigation measure in accordance with CEQA to ensure that use of compounds with higher GWP values does n ot begin as products are reformulated to meet the proposed VOC limits. Spec ifically a GWP limit of 150 is proposed for Flying Bug Insecticide, Furniture Main tenance Product, Metal Polish or Cleanser, Spot Remover, Special-purpose Lubricant, and Wasp or Hornet Insecticide products. These provisions are proposed in subsect ion 94509(n).

This limit would not preclude use of HFC-152a, an e xempt VOC with a moderate GWP of 140. The proposed limit would prohibit use of H FC-134a which has a GWP value of 1,300.

Staff believes that the VOC limits for these catego ries are set at a level that does not mandate the use of compounds with GWP values of 150 or greater. Staff also determined that a variety of reformulation technolo gies exist such that use of compounds with higher GWPs is not necessary in thes e categories. More detailed information on alternative products and chemicals t hat can be used as products reformulate is contained in Chapter VII.

3. Proposed Mitigation Measure Related to Use of Al kylphenol Ethoxylates

Staff is also proposing to prohibit the use of cert ain alkylphenol ethoxylate surfactants in several categories as a CEQA mitigation measure. A lkylphenol ethoxylates are nonionic surface active agents (surfactants) used a s wetting agents, emulsifiers, and dispersants in cleaning and degreasing products. O ne reformulation pathway to meet proposed VOC limits would be to replace VOC solvent s with surfactants, such as alkylphenol ethoxylates. Alkylphenol ethoxylates m eet the definition of LVP-VOC so their use is not currently restricted by the VOC li mits in the Consumer Products Regulation. In the cleaning/degreasing categories, because of how the products are used, some product is washed ‘down the drain.’ Onc e into wastewaters, alkylphenol ethoxylates do not readily degrade and they and/or their degradation products enter aquatic environments through wastewater treatment f acilities and storm water.

Ample scientific evidence implicates the alkylpheno l ethoxylates as toxic to aquatic species. Among other things, they are suspected ho rmone disruptors, with the primary concern focused on the estrogenic effects of their degradation products (David et al.

, 2009). In particular, two alkylphenols, octylpheno l and nonylphenol, have been shown to mimic the hormone estrogen. In light of this, s taff consulted with staff of the StateTechnical Support Document Chapter I X - 152

Water Resources Control Board (SWRCB) to determine if use or increased use of alkylphenol ethoxylates would pose an adverse impac t on California’s receiving waters.

Information provided to the SWRCB staff indicates t hat alkylphenol ethoxylates are

found in measurable concentrations in the State’s r eceiving waters. Moreover, SWRCB staff is concerned that any potential increased use of alkylphenol ethoxylates could adversely impact aquatic species (SWRCB, 2010a; SWR CB, 2010b; SCCWRP, 2010; and SFEI, 2010). As proposed, after December 31, 2 012, use of alkylphenol ethoxylate surfactants would be prohibited from use in General Purpose Cleaner (nonaerosol), General Purpose Degreaser (nonaerosol), Glass Clean er (nonaerosol), and Oven or Grill Cleaner products. For Heavy-duty Hand Cleane r or Soap (nonaerosol) products the prohibition would become effective December 31, 2013. These prohibitions are proposed to ensure that use of these compounds does not occur as products are reformulated to meet the proposed VOC limits. This proposal would be contained in modified subsection 94509(m)(3).

Staff also finds that replacements for alkylphenol ethoxylates are readily available. Alcohol ethoxylate, linear alkylbenzene sulphonates , and alkyl polyglucosides

surfactants are considered to be effective and envi ronmentally safer.



### F. Risk Assessment for Implementing the Proposed Am endments

The health risks associated with ozone exposure hav e been known for many years and are discussed in detail in Chapter IV. Studies hav e shown that when inhaled, even at relatively low levels, ozone can impact lung tissue and lung function. The greatest risk is to those who are more active outdoors during smo ggy periods, such as children, athletes, and outdoor workers. Exposure to levels of ozone above the current ambient air standard leads to lung inflammation and lung ti ssue damage, and a reduction in the amount of air inhaled into the lungs.

Recent evidence has linked the onset of asthma to e xposure to elevated ozone levels in exercising children (McConnell et al. , 2002). It has also been shown that ozone exposure is associated with premature death. The a ctual lowering of health risks that would result from reducing VOC emissions, if the st aff’s proposal were to be adopted, is not quantified in this report. Qualitatively, howe ver, we are able to conclude that reducing VOC emissions, because of their role as oz one precursors, will result in incremental improvement of the public’s health beca use the reductions represent progress toward attaining both the national and Sta te ozone standards.

As shown in Table IX-1, the proposed amendments are designed to achieve the

maximum feasible VOC emission reduction from the ca tegories proposed for regulation at this time. When fully effective, adopting the a mendments would result in a VOC emissions reduction of about 6.9 tons per day. Of this amount, 6.7 tons per day would

be creditable toward the 2007 SIP while an addition al 0.2 tons per day reduction would

be credited toward a future SIP commitment. The im pacts of our proposal on SOA formation are not clear, although we do not expect a disbenefit.Technical Support Document Chapter I X - 153

Prohibition of the use of the chlorinated TAC solve nts methylene chloride, perchloroethylene, and trichloroethylene in certain categories would reduce exposure to these potential human carcinogens and further prote ct public health. The proposed GWP limits are designed to ensure that the emission s of reformulated products do not pose a climate change impact.

The prohibition on use of alkylphenol ethoxylate su rfactants should reduce aquatic species’ exposure to these known hormone disruptors

.



### G. Alternative Means of Compliance

Two alternative means of compliance with the Consum er Products Regulation have been adopted. A current compliance alternative for manufacturers of consumer products is the Alternative Control Plan (ACP). Th e ACP Regulation, title 17, California Code of Regulations, sections 94540-94555, is a vol untary emissions averaging program. This means that a manufacturer may sell s ome products that exceed the VOC limits in the Regulation as long as those incre ased emissions were offset by additional products that overcomply with the VOC li mits. The ACP provides manufacturers with flexibility, but preserves the o verall environmental benefits of

emission reductions.

Another compliance alternative that is available fo r manufacturers is the Innovative Products Provision specified in title 17, Californi a Code of Regulations, section 94511. This provision allows a manufacturer to formulate p roducts that exceed a mass-based limit for a particular product category. The manuf acturer must demonstrate that, through some characteristic of the higher VOC produ ct, its use will result in less VOC emissions compared to a representative complying pr oduct. This alternative is also specifically designed to allow manufacturers flexib ility, while preserving the emission benefits of the Regulation.

Absent use of either of these alternatives, staff i s not aware of any additional compliance means, other than direct compliance with the proposed amendments. More information is available in Chapter V of this repor t.



### H. Environmental Justice

State law defines environmental justice as the fair treatment of people of all races, cultures, and incomes with respect to the developme nt, adoption, implementation, and enforcement of environmental laws, regulations, and policies. The ARB is committed to evaluating community impacts of proposed regulation s, including environmental justice

concerns.

Consumer products are considered area sources and, as such their use is not focused in a particular area leading to a potential “hot sp ot.” Generally, use of consumer products is fairly uniform across the State, tracki ng with housing units, and theirTechnical Support Document Chapter I X - 154

emissions are spread over the course of a day, rath er than concentrated at a particular time of day. For these reasons, we do not believe that people of any given race, culture, or income would be more impacted than any others would. All Californians should benefit equally from the reduction in VOC em issions from the consumer product categories proposed for regulation.

REFERENCES

1. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation . May 9, 2008. (ARB, 2008a)

2. Air Resources Board. Environmental Impact Assess ment of Selected Halogenated Chemicals – Staff Report . March, 2008. (ARB, 2008d)

3. Air Resources Board. Initial Statement of Reason s for the Proposed Amendments to the California Aerosol Coating Produc ts, Antiperspirants and Deodorants, and Consumer Products Regulations, Test Method 310, and Airborne Toxic Control Measure for para-Dichloroben zene Solid Air Fresheners

and Toilet/Urinal Care Products . May 7, 2004. (ARB, 2004b)

4. Air Resources Board. Initial Statement of Reason s for the Proposed Airborne

Toxic Control Measure for Emissions of Chlorinated Toxic Air Contaminants from Automotive Maintenance and Repair Activities . March 10, 2000. (ARB, 2000)

5. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation: Midter m Measures II

. September 10, 1999. (ARB, 1999)

6. Bowman, F.M., Pilinis, C. and Seinfeld, J.H. Ozo ne and Aerosol Productivity of Reactive Organics . 1994. Atmospheric Environment. Volume 29: 579-589

. (Bowman et al

., 1994)

7. Chan, A., Kautzman, B., Surratt, J., Chhab ra, P., Chan, M.N., Crounse, J., Wennberg, P., Flagan, R., Seinfeld, J. Understandin g Secondary Organic Aerosol (SOA) Formation from Lower-Volatility Precu rsors: Photooxidation of Naphthalene and Alkyl-naphthalenes . February 27, 2009. (Chan et al. , 2009)

8. David, A., Fenet, H., Gomez, E. Alkylphenols in Marine Environments: Distribution Monitoring Strategies and Detection Co nsiderations . 2009. Marine Pollution Bulletin. Volume 58: 953-960. (David et al. , 2009)

9. Finlayson-Pitts, B.J. and Pitts Jr., J.N. Chemi stry of the Upper and Lower Atmosphere . Chapter 9, Academic Press, New York, 2000. (Finlayson- Pitts and Pitts, 2000)Technical Support Document Chapter I X - 155

10. Griffin, R.J., Cocker III, D.R., and Seinfeld, J.H. Incremental Aerosol Reactivity: Application to Aromatic and Biogenic Hydrocarbons . 1999. Environmental Science & Technology. Volume 33: 2403-2408. (Griffi n et al. , 1999)

11. Grosjean, D. In Situ Organic Aerosol Formation during a Smog Episode: Estimated Production and Chemical Functionality . 1992. Atmospheric Environment. Volume 26A, Number 6: 953-963. (Grosje an, 1992)

12. McConnell, R., Berhane, K., Gilliland, F., Lond on, S.J., Islam, T., Gauderman, W.J., Avol, E., Margolis, H.G., Peters, J.M. Asthma in Exercising Children Exposed to Ozone: A Cohort Study . 2002. Lancet. Volume 359: 386-391. (McConnell et al

., 2002)

13. Moolgavkar, S.H. and Luebeck, E.G. A Critical R eview of the Evidence on Particulate Air Pollution and Mortality . 1996. Epidemiology. Volume 7, Number 4: 420-428. (Moolgavkar and Luebeck, 1996)

14. Office of Environmental Health Hazard Assessmen t. Provisional Reference Exposure Levels (RELS) Compounds of Interest As Pos sible LVP-VOCS

. Memorandum dated September 16, 2010, from Melanie M arty, Ph.D., Chief, Air Toxicology and Epidemiology Branch, Office of Envir onmental Health Hazard Assessment, to Janette Brooks, Chief, Air Quality M easures Branch, Air Resources Board. (OEHHA, 2010)

15. Pandis, S.N., Harley, R.A., Cass, G.R., and Sei nfeld, J.H. Secondary Organic Aerosol Formation and Transport . 1992. Atmospheric Environment. Volume 26A: 2269-2282. (Pandis et al. , 1992)

16. Schwartz, J., Dockery, D.W., and Neas, L.M. Is Daily Mortality Associated Specifically with Fine Particles? 1996. Journal of the Air & Waste Management Association. Volume 46: 927-939. (Schwartz et al. , 1996)

17. San Francisco Estuary Institute. Occurrenc e of Alkylphenol Ethoxylate Surfactants in San Francisco Bay and Potential Impa cts on Water Quality

. Memorandum dated July 13, 2010, from Rainer Hoenick e, Ph.D., Executive Director, San Francisco Estuary Institute, to Darri n Polhemus, Deputy Director, Division of Water Quality, State Water Resources Co ntrol Board. (SFEI, 2010)

18. Seinfeld, J.H. and Pandis, S.N. Atmospheric Che mistry and Physics-From Air Pollution to Climate Change . John Wiley & Sons, Inc. New York. 1998. (Seinfeld and Pandis, 1998)

19. Singer, B.C., Destaillats, H., Hodgson, A.T., a nd Nazaroff, W.W. Cleaning

Products and Air Fresheners: Emissions and Resultin g Concentrations of Glycol Ethers and Terpenoids . Indoor Air. 2006. Volume 16: 179-191. (Singer et al. , 2006)Technical Support Document Chapter I X - 156

20. Southern California Coastal Water Research Project. Effects on Water Quality of Alkylphenol Ethoxylate Surfactants (APEOs) . Memorandum dated July 15, 2010, from Keith Maruya, Principle Scientist, Southern Ca lifornia Coastal Water Research Project, to Darrin Polhemus, Deputy Direct or, Division of Water Quality, State Water Resources Control Board. (SCCW RP, 2010)

21. State Water Resources Control Board. Water Quality Effects of Alkylphenol Ethoxylate Surfactants . Memorandum dated September 20, 2010, from Darrin Polhemus, Deputy Director, Division of Water Quali ty, State Water Resources Control Board, to Richard Corey, Chief, Stationary Source Division, Air Resources Board. (SWRCB, 2010a)

22. State Water Resources Control Board. Effec ts on Water Quality of Alkylphenol Ethoxylate Surfactants . Memorandum dated July 19, 2010, from Valerie Conn or, Ph.D., Deputy Director, Office of Information Manag ement and Analysis, State Water Resources Control Board, to Darrin Polhemus, Deputy Director, Division of Water Quality, State Water Resources Control Board. (SWRCB, 2010b)

23. United States Environmental Protection Agency. Environmental Indicators: Ozone Depletion . July 8, 2003. http://www.epa.gov/spdpublc/science/indicat/

. (U.S. EPA, 2003a)Technical Support Document Chapter X - 157



## Chapter X. Future and Ongoing Activities

In this chapter, we describe future and ongoing act ivities related to the consumer products program. These activities are directed at developing proposals to further reduce volatile organic compounds (VOC), air toxic, and greenhouse gas emissions from consumer products. As always, our rulemaking activities will be conducted using a transparent process, allowing for stakeholder input . Major activities are summarized

below.



### A. Consumer Product Emissions Reduction Commitments in the State Implementation Plan (SIP)

As described in Chapter III, in the 2007 SIP, the S tate Strategy for California’s 2007 State Implementation Plan, ARB committed to achievi ng a further 30 to 40 tons per day statewide VOC emission reduction from consumer prod ucts by 2014. The amendments proposed in this rulemaking represent the third inc rement toward achieving the commitment. Table X-1 shows our progress toward me eting the consumer products

commitment in the SIP.

Table X-1

Consumer Product VOC Reductions Accredited Toward S IP Commitment

Consumer Products Rulemaking Statewide VOC Reductio ns (tons per day)

June 2008 Amendments 4.5 (adopted)

September 2009 Amendments 14.7* (adopted)

2010 Amendments (this proposal) 6.7 (proposed)

Additional Reductions from Consumer Product Categories ~ 4.0 – 14.0

Totals Reductions by January 1, 2014 30 – 40

* Emission reductions of about 12.7 tons per day o f this reduction occur in all areas of the State except the South Coast Air Quality Management Di strict (district has their own rule, Rule 1143, for Paint Thinners and Multi-purpose Solvents) ( ARB, 2009c).

As shown in Table X-1, adopted amendments will resu lt in 19.2 tons per day toward the commitment. If adopted the amendments proposed her e would provide an additional 6.7 tons per day statewide toward the commitment. The remaining commitment would be to achieve at a minimum about 4.0 tons per day b y the end of 2013. Proposed amendments to complete the emission reduction commi tment will occur in 2011.Technical Support Document Chapter X - 158

Earlier this year U.S. EPA began reconsidering the “primary” ozone standard of 0.075 ppm. To be more health protective U.S. EPA p roposed a revised standard in the range of 0.060 to 0.070 ppm (U.S. EPA, 2010c). The final rule is expected in October of this year (2010). The revision will require that a new SIP be drafted in the 2013 timeframe. This SIP will likely require more VOC r eductions from consumer products.



### B. Consumer and Commercial Products Survey

A survey of various categories of consumer products will be conducted to obtain the necessary data to propose limits to meet the final increment of emission reductions in the 2007 SIP. Among the categories to be included are aerosol coatings, aerosol adhesives, Deodorant Body Sprays, Antiperspirants, Deodorants, Undercoatings (aerosol), hair care products, and sun tanning/bloc k products.



### C. Compliance Assistance

Compliance assistance activities in 2011 will inclu de exploring options for identifying complying products destined for sale in California and developing advisories. Advisories will be developed to address questions t hat have been raised related to provisions in section 94509(b). This subsection sp ecifies how VOC content is determined for concentrated products, but provides an exclusion for “incidental use” of a more concentrated product. The goal of the advisor y would be to clarify what

constitutes “incidental use.” Additional advisorie s will be explored to clarify how VOC limits for “general” or “multi-purpose” products ar e enforced.

REFERENCES

1. Air Resources Board. Initial Statement of Reaso ns, Proposed Amendments to the California Consumer Products Regulation . August 7, 2009. (ARB, 2009c)

2. United States Environmental Protection Agency. N ational Ambient Air Quality Standards for Ozone (40CFR Parts 50 and 58) . Federal Register: January 19, 2010. Volume 75, Number 11. (U.S. EPA, 2010c)