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ATTACHMENT B 

PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED 

AMENDMENTS TO THE CALIFORNIA CONSUMER PRODUCTS REGULATIONS 

Staff’s Suggested Modifications to the Original Proposal

PRESENTED AT THE SEPTEMBER 24, 2009 HEARING 

OF THE AIR RESOURCES BOARD 

Note: Shown below are the staff’s suggested modifications to the originally proposed 

regulatory text set forth in Appendix B to the Staff Report: Initial Statement of Reasons, 

released August 7, 2009. Only those portions containing the suggested modifications 

are included. 

Comments and Suggested Modifications to the Original Proposal 

This document is printed in a style to indicate changes from the originally proposed 

regulatory language. All originally proposed regulatory language is shown in underline

to indicate additions and strikeout to indicate deletions. Staff’s suggested modifications 

to the original proposal are shown in double underline to indicate additions and double 

strikeout to indicate deletions. All proposed modifications will be made available to the 

public for a fifteen-day comment period prior to final adoption. 

Suggested Modifications to section 94508, Definitions. 

Staff is suggesting modifications to two of the definitions in section 94508: the definition 

for “Multi-purpose Solvent” (section 94508(a)(106)) and the newly proposed definition 

for “Paint Clean-up” (section 94508(a)(114)). The originally proposed language may 

create confusion because the “Multi-purpose Solvent” definition states that “Multipurpose Solvent” excludes certain products “...which qualify under another definition in 

section 94508.” Staff’s original proposal was to add a new definition for “Paint Cleanup” to section 94508, but staff’s intention is that such products are included in the “Multipurpose Solvent” category, not excluded. To avoid confusion, staff is recommending 

that the definition of “Paint Clean-up” be deleted as separate definition in section 94508, 

and that all references to “Paint Clean-up products be instead placed within the 

definition of “Multi-purposed Solvent.” 

Modify title 17, California Code of Regulations (CCR), section 94508(a)(106) and (114) 

to read as follows: 

(106)(102)”Multi-purpose Solvent” means: 

(A) for products manufactured before January 1, 2008: any organic liquid 

designed to be used for a variety of purposes, including cleaning or 

degreasing of a variety of substrates, or thinning, dispersing or dissolving 
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other organic materials. “Multi-purpose Solvent” includes solvents used in 

institutional facilities, except for laboratory reagents used in analytical, 

educational, research, scientific or other laboratories. “Multi-purpose 

Solvent” does not include solvents used in cold cleaners, vapor degreasers, 

conveyorized degreasers or film cleaning machines, or solvents that are 

incorporated into, or used exclusively in the manufacture or construction of, 

the goods or commodities at the site of the establishment. 

(B) for products manufactured on or after January 1, 2008: any liquid product 

designed or labeled to be used for dispersing, or dissolving, or removing 

contaminants or other organic materials. “Multi-purpose Solvent” also 

includes: (A)(1) products that do not display specific use instructions on the 

product container or packaging, (B)(2) products that do not specify an enduse function or application on the product container or packaging, and (C)(3)

solvents used in institutional facilities, except for laboratory reagents used in 

analytical, educational, research, scientific or other laboratories., (4) “Paint 

Cclean-up” products, and (5) products labeled to prepare surfaces for 

painting. For the purposes of this definition only, “Paint clean-up” means any

liquid product labeled for cleaning oil-based or water-based paint, lacquer, 

varnish, or related coatings from, but not limited to, painting equipment or 

tools, plastics, or metals. “Multi-purpose Solvent” does not include solvents 

used in cold cleaners, vapor degreasers, conveyorized degreasers or film 

cleaning machines, solvents labeled exclusively for the clean-up of 

application equipment used for polyaspartic and polyurea coatings, or 

solvents that are incorporated into, or used exclusively in the manufacture or 

construction of, the goods or commodities at the site of the establishment. 

“Multi-purpose Solvent” also does not include any product making any 

representation that the product may be used as, or is suitable for use as a 

consumer product which qualifies under another definition in section 94508; 

such products are not Multi-purpose Solvents and are subject to the “Most 

Restrictive Limit” provision of section 94512. 

(114) “Paint Clean-up” means any liquid product labeled for cleaning oil-based or 

water-based paint, lacquer, varnish, or related coatings from, but not limited to, 

painting equipment or tools, plastics, or metals.

Note – See the last page in this Attachment B for additional proposed modifications to 

section 94508(a), Definitions, related to “Aromatic Compound.” 

Suggested Modifications to section 94512, Administrative Requirements. 

1. The originally proposed amendments required the labeling of VOC content in 

percent by weight as determined from actual formulation data for Multi-purpose 

Solvents and Paint Thinners. Staff is concerned that this requirement may conflict with 

existing requirements of the local air districts, that certain size containers of VOC 

solvents must display the maximum VOC expressed in grams of VOC per liter of 
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material. Staff is therefore recommending that the originally proposed VOC labeling 

requirement be deleted. In future rulemakings, staff will consider whether a requirement 

for VOC content labeling should be applied more generally to some or all consumer 

products categories. Staff proposes the following modification to section 94512(e): 

Modify title 17, CCR, section 94512(e) to read as follows: 

 

(e) Additional Requirements for Multi-purpose Solvent and Paint Thinner.

 (1) In addition to the requirements specified in section 94512(a), (b), and (c), both 

the manufacturer and responsible party for each Multi-purpose Solvent and 

Paint Thinner sold or offered for sale in areas of California outside the South 

Coast Air Quality Management District shall ensure that all products 

manufactured on or after the effective date for the category specified in section 

94509(a), meet the following requirements:

 (A) Each product container must clearly display the VOC content in percent 

by weight as determined from actual formulation data.

 (B) The information required by this subsection 94512(e)(1), shall be 

displayed on the product container such that it is readily observable 

without removing or disassembling any portion of the product container 

or packaging. 

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

required by this subsection 94512(e)(1) prior to final sale of the product.

2. It has been recommended that in addition to the options originally proposed for 

the labeling of flammable or extremely flammable Multi-purpose Solvents and Paint 

Thinners, manufacturers should also have the option to display the proposed language 

in a contrasting square or rectangle on the product label. It has also been 

recommended that requirements for font size be added, and that the required 

statements be expressed in Spanish as well as English. Staff agrees with the 

recommendations and is proposing the following modifications to section 94512(e): 

Modify title 17, CCR, section 94512(e) to read as follows: 

(1)(2) In addition to the requirements specified in section 94512(a), (b), and (c), and 

(e)(1):

 (A) Except as provided below in section 94512(e)(2)(1)(B), effective 

December 31, 2010, until December 31, 2015, no person shall sell, 

supply, offer for sale, or manufacture for use in California any 

“Flammable” or “Extremely Flammable” Multi-purpose Solvent or Paint 
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Thinner named, on the Principle Display Panel as “Paint Thinner,” “Multipurpose Solvent,” “Clean-up Solvent,” or “Paint Clean-up.”

 (B) Section 94512(e)(2)(1)(A) does not apply to products that meet any 

of the following criteria:

 

 1. Products which include an attached “hang tag,” or sticker, or 

contrasting square or rectangular area on the Principle Display 

Panel that displays, at a minimum, the following statements: 

“Formulated to meet California VOC limits; see warnings on label;

Vea las advertencias en la etiqueta, formulado complacientes con 

leyes de California.” in a font size as large as or larger than the 

signal word as specified in title 16, Code of Federal Regulations, 

section 1500.121. 

 2. Products where the Principle Display Panel displays, in English 

and Spanish and a font size as large as or larger than the font

size of any other words on the panel, the common name of the 

chemical compound (e.g., “Acetone,” “Methyl acetate,” etc.) that 

results in the product meeting the criteria for “Flammable” or 

“Extremely Flammable.”

 (C) For the purposes of this subsection (e)(2)(1), a product is 

“Flammable” or Extremely Flammable” if it is labeled as “Flammable” or 

“Extremely Flammable” on the product container, or if the product meets 

the criteria for these terms specified in title 16, Code of Federal 

Regulations, section 1500.3(c)(6).

Suggested Modifications to section 94515, Test Methods. 

Staff is proposing the deletion of proposed section 94515(h)(1) because it is duplicative. 

The process outlined for determining VOC and GWP content is already specified in 

subsections 94515(a), (b), (c) and (g), and section 94515(h)(1) is therefore 

unnecessary. Further, it has been recommended that responsible parties and 

manufacturers should be allowed 30 working days, rather than 10 working days, to 

provide to the Executive Officer formulation data for products selected for compliance 

testing with the proposed aromatic compound content limit. Staff agrees and is 

proposing the following modifications to section 94515(h): 

Modify title 17, CCR, section 94515(h) to read as follows: 

(h) VOC and Aromatic compound content determination for Multi-purpose Solvent

and Paint Thinner products using ARB Method 310. 

 (1) VOC content: 
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 Testing to determine compliance with the requirements of this article, shall 

be performed using Air Resources Board Method 310, Determination of 

Volatile Organic Compounds (VOC) in Consumer Products, adopted 

September 25, 1997 and as last amended on [Date of Amendment], which is 

incorporated herein by reference. Alternative methods which are shown to 

accurately determine the concentration of VOCs in a subject product or its 

emissions may be used upon approval of the Executive Officer.

 (2) Aromatic compound content: 

Testing to determine aromatic compound content shall be conducted using 

ARB Method 310 in conjunction with product formulation data. 

(1)(A) Upon written notification from the Executive Officer, the Multipurpose Solvent or Paint Thinner responsible party or manufacturer shall 

have 10 30 working days to provide to the Executive Officer, in writing, 

formulation data as specified in part (A) (i) for products selected for 

compliance testing: 

 

 (A)(1) The weight fraction to the nearest 0.1 percent of each 

ingredient including: water, VOC, LVP-VOC, total inorganic 

compounds, and any compound specified in section 

94508(a)(152). For hydrocarbon solvents the BIN number as 

listed in section 94701 (a) or (b), and the initial boiling point and 

dry point of the solvent shall be specified. Individual compounds 

present in an amount less than 0.1 percent by weight, are not 

required to be reported. 

 (B)(2) By March 1, 2010, and each year thereafter the responsible 

party shall provide to the Executive Officer contact information 

for the person who is to receive the letter.

 (C)(3) For the purpose of this subsection a Material Safety Data 

Sheet does not meet the requirement for formulation data.

(2)(B) A violation is established if: 

 (A)(1) the formulation data supplied by the responsible party or 

manufacturer shows that the product does not meet the 

applicable VOC or aromatic content standard; and/or

 (B)(2) the responsible party or manufacturer fails to respond to the 

notice and provide formulation data within the 10 30 working day 

specified time frame specified in this subsection. 

Note – See the last page in this Attachment B for additional proposed 

modifications to section 94515(h), Test Methods. 
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Proposed modifications to section 94508(a), Definitions, related to the definition of 

“Aromatic Compound,” and proposed modifications to proposed section 94515(h) 

related to compliance testing for Aromatic Compound content in Multi-purpose Solvent 

and Paint Thinner products. 

Staff has proposed a definition for “Aromatic Compound” in section 94508(a). This 

definition would be used to define the compounds that would be subject to the proposed 

limit of one percent by weight aromatic compound content specified in proposed 

section 94509(u). As proposed, “Aromatic Compound” means a VOC that contains one 

or more benzene or equivalent heterocyclic rings. It has come to staff’s attention that 

certain chemicals containing a benzene ring may be useful as emulsifiers or surfactants 

in reformulated “Paint Thinner” and “Multi-purpose Solvent” products. These 

compounds are likely large, low volatility compounds that are negligibly or non-reactive 

with respect to ozone formation. Staff intends to evaluate whether an allowance or 

exclusion for such compounds should be provided in the definition of “Aromatic 

Compound.” For example, staff would evaluate whether physical properties such as 

carbon number, initial boiling point, or some other chemical property could be used to 

further define the “Aromatic Compound” types subject to the one percent by weight 

aromatic compound content limit. The outcome of this evaluation may necessitate 

further modifications to the compliance testing procedures for aromatic compound 

content contained in proposed section 94515(h). Additional modifications to 

section 94515(h) may also be proposed to clarify what constitutes a violation of the 

aromatic compound content limit, and to further clarify the process for determining a 

violation. The text of all proposed modifications will be made available to the public for 

a fifteen-day comment period.