1 ATTACHMENT B

PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED

AMENDMENTS TO THE CALIFORNIA CONSUMER PRODUCTS REGU LATIONS

Staff’s Suggested Modifications to the Original Pro posal

PRESENTED AT THE SEPTEMBER 24, 2009 HEARING

OF THE AIR RESOURCES BOARD

Note: Shown below are the staff’s suggested modific ations to the originally proposed regulatory text set forth in Appendix B to the Staf f Report: Initial Statement of Reasons, released August 7, 2009. Only those portions conta ining the suggested modifications

are included.

Comments and Suggested Modifications to the Origina l Proposal

This document is printed in a style to indicate cha nges from the originally proposed regulatory language. All originally proposed regul atory language is shown in underline

to indicate additions and strikeout to indicate deletions. Staff’s suggested modifica tions to the original proposal are shown in double underl ine 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 fi nal adoption.

Suggested Modifications to section 94508, Definitio ns.

Staff is suggesting modifications to two of the def initions 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 a dd 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 (CC R), section 94508(a)(106) and (114)

to read as follows:

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

(A) for products manufactured before January 1, 200 8: any organic liquid designed to be used for a variety of purposes, incl uding cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving2 other organic materials. “Multi-purpose Solvent” i ncludes solvents used in institutional facilities, except for laboratory rea gents used in analytical, educational, research, scientific or other laborato ries. “Multi-purpose

Solvent” does not include solvents used in cold cle aners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manuf acture or construction of, the goods or commodities at the site of the establi shment.

(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-pu rpose Solvent” also

includes: (A) (1) products that do not display specific use instruct ions on the product container or packaging, (B) (2) products that do not specify an enduse function or application on the product containe r or packaging, and (C) (3) solvents used in institutional facilities, except f or laboratory reagents used in analytical, educational, research, scientific or ot her laboratories. , (4) “Paint

C c lean-up” products, and (5) products labeled to prep are surfaces for painting. For the purposes of this definition only, “Paint clean-up” means any liquid product labeled for cleaning oil-based or wa ter-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, conveyoriz ed degreasers or film cleaning machines, solvents labeled exclusively for the clean-up of application equipment used for polyaspartic and pol yurea coatings, or solvents that are incorporated into, or used exclus ively in the manufacture or construction of, the goods or commodities at the si te of the establishment. “Multi-purpose Solvent” also does not include any p roduct making any representation that the product may be used as, or is suitable for use as a consumer product which qualifies under another defi nition in section 94508; such products are not Multi-purpose Solvents and ar e subject to the “Most Restrictive Limit” provision of section 94512.

(114) “Paint Clean

- up” means any liquid product labeled for cleaning o il

- 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 a dditional proposed modifications to section 94508(a), Definitions, related to “Aromatic Compound.”

Suggested Modifications to section 94512, Administr ative Requirements.

1. The originally proposed amendments required the labeling of VOC content in percent by weight as determined from actual formula tion data for Multi-purpose

Solvents and Paint Thinners. Staff is concerned th at this requirement may conflict with existing requirements of the local air districts, t hat certain size containers of VOC solvents must display the maximum VOC expressed in grams of VOC per liter of3

material. Staff is therefore recommending that the originally proposed VOC labeling requirement be deleted. In future rulemakings, sta ff will consider whether a requirement for VOC content labeling should be applied more gen erally 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 f ollows:

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

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

the manufacturer and responsible party for each Mul ti

- purpose Solven t 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 VO C content in percent

by weight as determined from actual formulation dat a.

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

displayed on the produ ct container such that it is readily observable without removing or disassembling any portion of th e product container or packaging.

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

required by this subsection 94512(e)(1) prior t o 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 Mu lti-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 adde d, and that the required statements be expressed in Spanish as well as Engli sh. Staff agrees with the recommendations and is proposing the following modi fications to section 94512(e):

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

(1) (2) In addition to the requirements specified in secti on 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 pers on shall sell, supply, offer for sale, or manufacture for use in C alifornia any “Flammable” or “Extremely Flammable” Multi-purpose Solvent or Paint4 Thinner named, on the Principle Display Panel as “P aint Thinner,” “Multipurpose Solvent,” “Clean-up Solvent,” or “Paint Cle an-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 Princ iple Display

Panel that displays , at a minimum, the following statement s : “Formulated to meet California VOC limits; see warn ings on label ; Vea las advertencias en la etiqueta, formulado comp lacientes con leyes de California

. ” in a font size as large as or larger than the signal word as specified in title 16, Code of Feder al Regulations,

section 1500.121.

2. Products where the Principle Display Panel di splays, 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 na me of the chemical compound (e.g., “Acetone,” “Methyl acetate ,” etc.) that results in the product meeting the criteria for “Fl ammable” or “Extremely Flammable.”

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

“Flammable” or Extremely Flammable” if it is labele d 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 Meth ods.

Staff is proposing the deletion of proposed section 94515(h)(1) because it is duplicative. The process outlined for determining VOC and GWP co ntent 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, ra ther than 10 working days, to provide to the Executive Officer formulation data f or products selected for compliance testing with the proposed aromatic compound content limit. Staff agrees and is proposing the following modifications to section 94 515(h):

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

(h) VOC and

Aromatic compound content determination for Multi- purpose Solvent and Paint Thinner products using ARB Method 310

.

(1) VOC content:5

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 Produc ts, adopted September 25, 1997 and as last amended on [Date of Amendment], which is incorporated herein by reference. Alternative meth ods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Executiv e Officer.

(2) Aromatic compound content:

Testing to determine aromatic compound content shal l be conducted using ARB Method 310 in conjunction with product formulat ion data.

(1) (A) Upon written notification from the Executive Offic er, 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 i norganic compounds, and any compound specified in section 94508(a)(152). For hydrocarbon solvents the BIN nu mber as listed in section 94701 (a) or (b), and the initial boiling point and dry point of the solvent shall be specified. Indiv idual compounds present in an amount less than 0.1 percent by weigh t, are not required to be reported. (B) (2) By March 1, 2010, and each year thereafter the res ponsible

party shall provide to the Executive Officer contac t information for the person who is to receive the letter. (C) (3) For the purpose of this subsection a Material Safe ty 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 p arty 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 res pond to the

notice and provide formulation data with in the 10 30 working day specified time frame specified in this subsection.

Note – See the last page in this Attachment B for a dditional proposed modifications to section 94515(h), Test Methods.6

Proposed modifications to section 94508(a), Definit ions, 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 Compo und” in section 94508(a). This definition would be used to define the compounds th at would be subject to the proposed limit of one percent by weight aromatic compound co ntent 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 compound s 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 wheth er physical properties such as carbon number, initial boiling point, or some other chemical property could be used to further define the “Aromatic Compound” types subjec t to the one percent by weight aromatic compound content limit. The outcome of th is evaluation may necessitate further modifications to the compliance testing pro cedures for aromatic compound content contained in proposed section 94515(h). Ad ditional modifications to section 94515(h) may also be proposed to clarify wh at constitutes a violation of the aromatic compound content limit, and to further cla rify 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.