State of California

AIR RESOURCES BOARD

Notice of Public Availability of Modified Text

PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED AME NDMENTS TO

THE CALIFORNIA CONSUMER PRODUCTS REGULATION

Public Hearing Date: September 24, 2009 Public Availability Date: January 14, 2010 Deadline for Public Comment: January 29, 2010

At its September 24, 2009, public hearing, the Air Resources Board (ARB or Board) approved amendments to the Regulation for Reducing Emissions from Consumer Products (title 17, California Code of Regulations (CCR), sections 94507-94517). The amendments set new or lower volatile organic compou nd (VOC) standards and limited the global warming potential in Double Phase Aeroso l Air Fresheners, Multi-purpose Solvents, and Paint Thinners. The amendments also prohibited the use of chlorinated toxic compounds and set an aromatic compound limit for Multi-purpose Solvents and Paint Thinners, and revised or clarified other regu latory requirements.

At the hearing, the Board approved modifications to the regulations originally proposed in the Staff Report released on August 7, 2009. Th ese modifications include

clarifications to the definitions for “Aromatic Com pound,” “Industrial Maintenance Coating,” “Multi-purpose Solvent,” “Paint Clean-up, ” and “Zinc-Rich Primer.” Also included was a proposal to remove the VOC content l abeling requirement, modifications to the public safety labeling requirement, and clar ifications to the test methods and enforcement procedures used to determine compliance with the aromatic compound

limit.

At the hearing, the Board adopted Resolution 09-51, which approved sections 94507-94517, as modified. Resolution 09-5 1 and other regulatory documents for this rulemaking are available online at the fol lowing ARB website:

http://www.arb.ca.gov/regact/2009/cpmthd310/cpmthd3 10.htm

In accordance with Government Code section 11346.8, the Board directed the Executive Officer to adopt the modified amendments to title 17, CCR, sections 94507-94517, after making them available t o the public for comment for a period of at least fifteen days. The Board further provided that the Executive Officer shall consider such written comments as may be subm itted during this period, shall make such modifications as may be appropriate in li ght of the comments received, and shall present the regulations to the Board for furt her consideration if warranted.2

Summary of Proposed Modifications

1. In section 94508(a), modifications were made to clarify the definitions for “Aromatic Compound,” “Industrial Maintenance Coatin g,” “Multi-purpose Solvent,” “Paint Clean-up,” and “Zinc-Rich Primer.” For clarity, the definition of “Paint Clean-Up” was also moved into the definition of “Multi-purpose Solvent,”

and other definitions were renumbered to accommodat e this change.

2. In section 94512(e), modifications were made to remove the VOC content labeling requirement staff originally proposed for Multi-purpose Solvents and Paint Thinners, to specify two additional warning d isplay options and a font size, and to add language to the labeling requirement for flammable or extremely flammable Multi-purpose Solvents and Paint Thinners ;

3. In section 94515, modifications were made to rem ove duplicative provisions and clarify what constitutes a violation of the aromati c compound limit;

4. In addition to the modifications described above , various modifications to the regulatory text have been made to improve clarity.

By this notice, the modified regulatory language is being made available for public comment prior to final action by the Board’s Execut ive Officer. Attached to this notice is the text of the modified regulatory language. The originally proposed amendments are

shown in underline to indicate additions and strikeout to show deletions. Modifications to the originally proposed amendments are shown in double underline to indicate

additions and double strikeout to show deletions.

Written comments will only be accepted on the modif ications identified in this notice and may be submitted by postal mail or electronic m ail submittal as follows:

Postal mail: Clerk of the Board, Air Resources Boa rd

1001 I Street, Sacramento, California 95814

Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php

Please note that under the California Public Record s Act (Gov. Code § 6250 et seq.), your written and oral comments, attachments, and as sociated contact information (e.g., your address, phone, email, etc.) become part of th e public record and can be released to the public upon request. Additionally, this inf ormation may become available via Google, Yahoo, and any other search engines.

In order to be considered by the Executive Officer, comments must be directed to ARB

in one of the two forms described above and receive d by ARB by 5:00 p.m., on the deadline date for public comment listed at the begi nning of this notice. Only comments3

relating to the above-described modifications to th e text of the regulations shall be considered by the Executive Officer.

If you need this document in an alternate format (i .e., Braille, large print, etc.) or another language, please contact the Clerk of the Board at (916) 322-5594 or by facsimile at (916) 322-3928 no later than five (5) business days from the release date of this notice. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.

Si usted necesita este documento en un formato alte rativo (es decir, sistema Braille, letra grande, etc.) u otro idioma, por favor llame a la oficina del Consejo a (916) 322-5594 o envie un fax a (916) 322-3928 no m enos de cinco días de la fecha de comunicado de este aviso. TTY/TDD/Personas que nec esitan este servicio pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California.

Attachment

The energy challenge facing California is real. Ev ery Californian needs to take immediate action to r educe energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see

ARB’s website at www.arb.ca.gov

.