1 Proposed Modified Regulatory Language for Second 15-day Public Comment Period

Note : Shown below are the staff’s modifications to the proposed regulatory language set

forth in Attachment 1 to the Notice of Public Avail ability of Modified Text that was released on January 14, 2010, for a 15-day public c omment period. Only those portions containing the proposed modifications are included. For those portions for which no modifications are proposed, the text has been omitt ed and the omission indicated by “* * * *.” The originally proposed regulatory lan guage is shown in underline to indicate

additions and strikeout to show deletions. The proposed modifications rel eased on January 14, 2010, are shown in double underline to indicate additions and double

strikeout to show deletions. The proposed modifications bei ng made available for this Second 15-day public comment period are shown in bold double underline to indicate

additions and bold double strikeou t to indicate deletions.

Consumer Products Regulation

Proposed Modifications to section 94508, Definition s.

Modify title 17, California Code of Regulations (CC R), section 94508(a) to read as

follows:

* * * * (115) (11 6 ) (111) “Paint Thinner” means any liquid product used for r educing the viscosity of coating compositions or components, that promine ntly displays the term “Paint Thinner,” “Lacquer Thinner,” “Thinner,” or “Reducer ” on the front panel of its packaging. “Paint Thinner” does not include thinners labeled f or the thinning of Industrial Maintenance Coatings, Zinc

- Rich Primers, and High Temperature Coatings. “Paint Thinner” also does not include products labeled and used exclusively as a component in a specific coating. “Paint

Thinner” also does not include “Artist’s Solvent/Th inner .” “Paint Thinner” does not include any of the following products:

(A) “Artist’s Solvent/Thinner;”

(B) products that are sold in containers with a ca pacity of 5 gallons or more and labeled exclusively for the thinning of In dustrial Maintenance Coatings, Zinc-Rich Primers, or High Temperature Co atings;

(C) products labeled and used exclusively as an in gredient in a specific coating or coating brand line, whereby the coating would not be complete or useable without the specific ingredient ;

(D) products that meet both of the following crite ria:

(1) the Principle Display Panel of the product display s, in a font size as large as, or larger than, the font size of all othe r words on the panel, language that the product is used exclusivel y for the thinning of Industrial Maintenance Coatings, Zinc-R ich Primers, or2 High Temperature Coatings, and

(2) no representation is made anywhere on the product container or packaging, or any label or sticker attached thereto , that the product is suitable for use or may be used for any other pu rpose except the thinning of Industrial Maintenance Coatings, Zinc-R ich Primers, or High Temperature Coatings

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Proposed Modifications to section 94512, Administra tive Requirements.

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 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 o n or after the effective date for the category spec ified 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) T he 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 th e product container or packaging.

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

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

(2) The following requirements apply in In addition to the requirements specified in section 94512(a), (b), and (c), and (e)(1) :

(1) (A) Except as provided below in section 94512(e)(2)(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 Paint Thinner named, on the Principle Display Panel as “P aint Thinner,” “Multipurpose Solvent,” “Clean-up Solvent,” or “Paint Cle an-up.”

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

meet either any of the following criteria:3

(A) 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 statement s : “Formulated to meet California VOC limits; see warnings on labe l ; Vea las advertencias en la etiqueta, formulado complacientes con leyes de Cali fornia .” in a font size as large as or larger than the “sign al word” as specified in title 16, Code of Federal Regulations, section 1500.121, “DANGER,” “WARNING,” or “CAUTION, ” or

(B) 2. Products where the Principle Display Panel displ ays, 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., “Aceton e,” “Methyl acetate ,” etc.) that results in the product meeting the criteria for “Flammable” or “Extremely Flammable.”

(2) Section 94512(e)(1) does not apply to product s that meet either

of the following criteria:

(A) Products which include an attached “hang tag ,” sticker,

or contrasting square or rectangular area on the Pr inciple Display Panel that displays, at a minimum, the foll owing statements in a font size as large as, or larger th an, the “signal word” (i.e., “DANGER,” “WARNING,” or “CAUTI ON”) as specified in title 16, Code of Federal Regulatio ns, section

1500.121: “Formulated to meet California VOC limits; see w arnings

on label; Vea las advertencias en la etiqueta, form ulado complacientes con leyes de California” or

(B) Products where the Principle Display Panel d isplays, in

both English and Spanish and in a font size as larg e as, or larger than, the font size of all other words on th e panel, the common name of the chemical compound (e.g., “Aceton e,” “Methyl acetate,” etc.) that results in the product meeting the criteria for “Flammable” or “Extremely Flammable.”

(3) (C) For the purposes of this subsection (e)(2) , 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).

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