State of California

AIR RESOURCES BOARD



## Staff Report: Initial Statement of Reasons

Proposed Amendments to the California Regulation for Reducing Emissions from Consumer Pro ducts Pertaining to

Automotive Windshield Washer Fluid Products

Date of Release: August 29, 2012

### State of California

AIR RESOURCES BOARD

Initial Statement of Reasons

Proposed Amendments to the California Regulation for Reducing Emissions from C onsumer Products

Pertaining to Automotive Windshield Washer Fluid

To be Considered by the Air Resources Board at a Pu blic Hearing on October 18, 2012

Byron Sher Auditorium Air Resources Board, Cal/EPA Headquarters

1001 I Street Sacramento, CA 95812



### Release date: August 29, 2012

This report has been reviewed by the staff of the C alifornia Air Resources Board and approved for publication. Approval does not signify that the co ntents necessarily reflect the views and policies o f the Air Resources Board, nor does mention of trade names or commercial products constitute

endorsement or recommendation for use.

### Initial Statement of Reasons

Public Hearing to Consider Proposed Amendments to the California Regulation fo r Reducing Emissions from Consumer Products Pertainin g to

Automotive Windshield Washer Fluid

Air Resources Board Meeting October 18, 2012, at 9:00 a.m.

Air Resources Board Cal/EPA Headquarters Byron Sher Auditorium

1001 I Street Sacramento, CA 95814

For those unable to attend the meeting in person, a live video webcast will be available beginning at 9:00 a.m. on October 18, 2012, at http://www.calepa.ca.gov/broadcast

This staff report and related materials are availab le for download from the Air Resources Board’s

Internet site at: http://www.arb.ca.gov/regact/2012/cp2012/cp2012.htm

In addition, written copies may be obtained from th e Board’s Public Information Office, 1001 I Street,

1 st Floor, Environmental Services Center, Sacramento, California, 95814, (916) 322-2990.

If you have a disability-related accommodation need , please go to: http://arb.ca.gov/html/ada/ada.htm for assistance or contact the ADA Coordinator at (9 16) 323-4916. If you are a person who needs assistance in a language other than English please contact the Bilingual Coordinator at (916) 324-5049.

Questions

If you have questions concerning this report, pleas e contact:

Mr. Jose Gomez or Mr. Olufemi Olaluwoye Manager Air Pollution Specialist Technical Development Section Technical Developmen t Section Phone: (916) 324-8033 Phone: (916) 327-1503

email: jgomez@arb.ca.gov email: oolaluwo@arb.ca.gov

### Prepared by Staff of the:

Technical Development Section Implementation Section Emission Inventory Forecasting and Special Projects Section Area Source and Emission Inventory Programs Branch Planning and Technical Support Division

Reviewed by:

Planning and Technical Support Division

## Contents

Executive Summary .................................

................................................... .................... i Technical Support Document I. Introduction and Background ....................

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

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

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

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

1. Existing Consumer Products Regulations ............ ............................................. 2

2. Consumer Products and State Implementation Plan (SI P) ............................... 2

3. National Consumer Products Regulation ............. ............................................. 3

C. Public Process for Development of Amendments ...... ........................................... 4

D. Automotive Windshield Washer Fluid Regulatory Histo ry ..................................... 4

1. Product Description ...............................

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

2. Regulatory History ................................

................................................... ......... 5 II. Description of Public Problem, Proposed Solutio n to the Public Problem, and Rationale Supporting the Proposed Solution........................

........................ ... 8

A. Description of Public Problem......................

................................................... ...... 8

B. Proposed Solutions ................................

................................................... ........... 9

1. Determine Areas of the State that Experience Freezi ng Temperatures During

the Winter Months...............................................................................9

2. Define Additional Type “A” Areas ..................

................................................... . 9

3. Better Define Existing Type “A” Areas ............. ............................................... 11

4. Determining Emission Impacts ......................

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

5. Summary of the Proposed Solutions ................. .............................................. 15

C. Proposed Amendments and the Rationale Supporting th e Proposals ................ 15

1. Proposed Amendments ...............................

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

2. Compliance with the Proposed Amendments ........... ...................................... 20 III. Summary of Recommended Action and Alternatives to the Proposed Regulation . 21

A. Recommended Action ................................

................................................... ..... 21

B. Evaluation of Regulatory Alternatives .............

................................................... . 21

1. Taking No Action ..................................

................................................... ........ 21

2. Define New Type “A” Areas by County Boundaries .... .................................... 22 IV. Environmental Impacts Analysis ................

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

A. Environmental Review Process ......................

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

B. Proposed Regulation ...............................

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

1. Description .......................................

................................................... ............ 24 2. Objectives ..................................

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

3. Methods of Compliance .............................

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

C. Environmental Impacts .............................

................................................... ....... 25

1. Beneficial Impacts ................................

................................................... ........ 25

2. Resource Areas with No Impacts .................... ................................................ 25

V. Environmental Justice ..........................

................................................... ................ 28 VI. Economic Impacts ..............................

................................................... ................. 29

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

................................................... 29

B. Impacts on California Businesses, Consumers, and St ate and Local Agencies . 29

1. Potential Impacts on California Businesses ........ ............................................ 302. Potential Impacts on Business Creation, Elimination , or Expansion ............... 30

3. Potential Impacts on Business Competitiveness ..... ........................................ 30

4. Potential Impacts on California Employment......... .......................................... 31

5. Potential Impacts on California Consumers ......... ........................................... 31

6. Potential Impacts to California State or Local Agen cies .................................. 31

C. Mitigation of Potential Impacts ...................

................................................... ...... 31 VII. Summary and Rationale for the Proposed Amendme nts ...................................... 32

A. Summary of Section 94508, Definitions ............. ................................................. 3 2

B. Summary of Section 94509, Standards for Consumer Pr oducts ........................ 33

VIII. References ..................................

................................................... ...................... 34

Appendix A - Proposed Amendments to the Regulation for Reducing Emissions

From Consumer Products Appendix B - Analysis to Identify Freezing Region s and Evaluate Impacts of Expanding Type A Areas



## List of Tables

Table I-1 VOC Limits for Automotive Windshield Was her Fluid...........................7 Table II-1 Counties that comprise the Existing Type “A”....................................11

Table II-2 Estimated Emissions Increases in Affecte d Air Basins..................

....... 15 Table II-3 Counties that Comprise Existing Type “A” Areas.............................. 17 Table II-4 ZIP Codes of Placer County that are Type “A” Areas or Proposed Type “A” Areas...........................................................................17 Table II-5 Areas Proposed for Addition to Type “A” Areas identified by ZIP Code and County.........................................................................18



## List of Figures

Figure ES-1 ZIP Codes Used to Describe Proposed Ne wly Identified Type “A”

Areas....................................................................................ES-2 Figure I-1 Existing Type “A” Areas ................................................ .................6 Figure II-1 Areas Outside of Existing Type “A” wher e the Average Minimum

Temperature for December to March is Less than 32 D egrees Fahrenheit.................................................................................10 Figure II-2 ZIP Codes Used to Describe Proposed New ly Identified Type “A” Areas..................................................................... ...........12 Figure II-3 Range 9 East Mount Diablo Baseline and Meridian in Placer County: the

Boundary for Existing Type “A” Areas ........................................ .....13Executive Summary ES -i 

## Executive Summary

In this rulemaking, California Air Resources Board (ARB or Board) staff is proposing amendments to the provisions for Automotive Windshi eld Washer Fluid (AWWF) products as set forth in the Regulation for Reducin g Emissions from Consumer Products (Consumer Products Regulation). Requireme nts for AWWF products are based upon the region in which they are sold. Type “A” areas are regions of the State which routinely experience freezing temperatures an d require an AWWF with a higher volatile organic compound (VOC) content to prevent the fluid from freezing. However, the current description of Type “A” does not includ e some areas of California that routinely experience freezing temperatures.

To address this issue, the proposed amendments are designed to redefine and expand areas of the State where freezing temperatures occu r during the winter months. The net effect of this proposal would be to allow, but not require, the sale of higher VOC AWWF products in a ready-to-use (premixed) form in additional areas of the State. The amendments would also allow clarifying language to be included on products that are diluted prior to use. As proposed, the language wo uld advise the consumer to dilute the product to Type “A” specifications if traveling to areas where freezing temperatures are expected. The proposal would also clarify and impr ove existing regulatory provisions. For example, where appropriate, we are proposing to use ZIP codes to identify some Type “A” areas. The regulation is codified in titl e 17, California Code of Regulations,

sections 94507-94517.

This Executive Summary, together with the Technical Support Document is the Initial Statement of Reasons for Proposed Rulemaking as req uired by the California Administrative Procedure Act. Appendix A contains the amendments to the Consumer Products Regulation in underline and strikeout form at.

Background : AWWF products are defined as liquids designed or labeled for use in motor vehicle windshield washer fluid systems to pr ovide anti-freeze protection or to clean the windshield. AWWFs were first regulated i n 1990. At that time it was acknowledged that AWWF products with a higher VOC c ontent were necessary in areas that routinely experience freezing temperatures to prevent the fluid from freezing. To maximize VOC reductions, the State was divided into areas designated as Type “A” areas and “All other areas.” The term Type "A" are a was used to describe regions of the State which experience freezing temperatures. Specifically, Type “A” areas were described as Del Norte, Shasta and Trinity Counties ; the Great Basin Valley, Lake Tahoe, Mountain Counties, and Northeast Plateau Air Basins. The rest of the State was designated as “All other areas.” For ready-to-use (premixed) products the current VOC limit for Type “A” areas is 25 percent by weight VO C. A 1 percent by weight VOC limit is in effect for “All other areas.” Dilutable (con centrated) products can be sold throughout the State year-round as long as dilution instructions are specified for Type

“A” and “All other areas.”Executive Summary ES -ii Regulation of AWWF products has resulted in a VOC r eduction of over 25 tons per day. Most of these reductions have come from products so ld in “All other areas.”

Development of Proposed Amendments : To determine whether, and to what extent, areas should be added to Type “A,” staff mapped ave rage monthly minimum temperature data using the Geographic Information S ystem (ArcGIS, 2012). This analysis identified additional mountainous regions of several counties that routinely experience freezing temperatures during the winter months of December through March. Because adding areas to Type “A” would resu lt in increased VOC emissions,

staff evaluated methods to minimize the emission in creases while allowing higher VOC product to be available in the identified areas. S taff determined that ZIP (Zone Improvement Plan) codes most closely aligned with t he areas with freezing temperatures. This system of five-digit postal cod es has been used by the United States Postal Service, since 1963. Each address is tied to a specific ZIP code and these codes are readily understood. Figure ES-1 be low shows the areas proposed for addition to Type “A” in blue. The pink lines indic ate ZIP codes to be used to define these areas. Existing Type “A” areas are shown in gray.

Figure ES-1. ZIP Codes Used to Describe Proposed New Type “A” AreasExecutive Summary ES -iii As shown in Figure ES-1, the additional areas are m ountainous portions of the following counties: Butte, Fresno, Glenn, Humboldt, Kern, Ma dera, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Tehama, Tulare, and Ventura.

Summary of Proposed Amendments : Staff is proposing amendments to the provisions for AWWF products only. Amendments are proposed to section 94508, “Definitions,” and section 94509, “Standards for Co nsumer Products.”

Staff is proposing to expand Type “A” areas to incl ude those regions identified in Figure ES-1. As proposed, areas identified by 43 Z IP codes would be added into Type “A” areas. The AWWF definition would also be reorg anized to include all terms necessary to understand regulatory provisions.

Stakeholders have indicated that describing existin g Type “A” areas by air basin is not easily understood. Therefore we are also proposing to include in the AWWF definition the counties that comprise the air basins. In the case of Placer County, only portions of the county are included in Type “A.” To clarify th e areas that are in Type “A,” staff is proposing to list the ZIP codes of Placer County in cluded in Type “A” areas.

Section 94509(b)(3) allows concentrated AWWF produc ts to include dilution instructions for both Type “A” and Nontype “A” areas. Within th is section, staff is proposing that the dilution instructions may advise the consumer to fo llow the dilution instructions for Type “A” areas if traveling during times when freezing t emperatures are expected.

We also note that areas proposed for addition to Ty pe “A” are those areas with the most severe winter temperatures that are not currently i n Type “A.” Clearly, there are additional areas of the State that occasionally exp erience freezing temperatures during the winter months. For residents in these areas, w hen freezing temperatures do occur, dilutable products are available for use. Our prop osal would further clarify that diluting these products for freezing conditions is allowed.

The proposed amendments allow, but do not require, manufacturers, distributors, and/or retailers to sell, supply, or offer for sale, highe r VOC content AWWF products into the expanded Type “A” areas. Likewise manufacturers ar e not required to modify dilutable product labels. However, staff believes most manuf acturers, distributors, and retailers

will accommodate the amendments as a service to the ir customers. All other regulatory provisions for AWWF products would be unchanged.

Economic Impacts : The proposed amendments should have no discernib le cost impact on California businesses. This is because b usinesses may choose whether to sell, supply, or offer for sale higher VOC AWWF in the areas proposed for inclusion into Type “A.” We also note that manufacturers incurred reformulation costs in the 2008 timeframe to comply with the 25 percent by weight V OC limit for Type “A” areas. This same formulation would be compliant in the areas pr oposed for addition to Type “A.” Should they choose to expand distribution of these products into new Type “A” areas, there would be minor costs associated with redesign ing distribution systems. However,Executive Summary ES -iv transportation costs are expected to remain stable because the weight, size, and

amounts of AWWF to be offered for sale would be com parable to the existing situation. We estimate the cost for labeling modifications, sh ould the manufacturer choose to include the clarifying language, to be about $165 p er manufacturer.

Likewise, we do not expect retailers in the expande d Type “A” areas to experience costs associated with the proposed amendments. The AWWF products these businesses currently offer for sale would continue to be compl iant. Retailers in the expanded Type “A” areas could choose to offer for sale higher VOC premixed AWWF products instead of, or in addition to, current products. However, we expect most retailers to sell the higher VOC products as a service to their customers

.

Because manufacturers, distributors, and/or retaile rs may choose, but are not required, to sell higher VOC content AWWF in the expanded Typ e “A” area and/or modify product labels, we also do not expect the proposed amendmen ts to impact California jobs; business expansion, elimination or creation; or the ability of California businesses to compete with businesses in other states. We also e xpect consumers to experience little or no difference in the price of the available AWWF products. Premixed AWWF products, regardless of VOC content appear to be co mparably priced.

We have also determined that the proposed amendment s will not create costs or savings to any State agency or in federal funding t o the State, costs or mandate to any local agency or school district whether or not reim bursable by the State, or other nondiscretionary savings to local agencies.

Environmental Impacts : Based on ARB staff’s review, implementation of t he proposed amendments will neither benefit nor result in significant adverse impacts on

the environment.

However, these proposed amendments, taken alone, ar e expected to result in a small

VOC emissions increase. We estimate that emissions could increase by as much as 0.12 tons per day statewide. To offset this increa se, new or lower VOC limits for various categories of consumer products are schedul ed to become effective concurrent with these amendments. In a 2010 rulemaking, the B oard approved, and subsequently adopted, limits resulting in a 6.7 ton per day stat ewide VOC emissions decrease beginning on December 31, 2012. Further reductions from this 2010 rulemaking will occur at the end of 2013. Taken together then, we do not expect a significant adverse impact on air quality because overall consumer prod uct VOC emissions will be declining.

Environmental Justice : We do not expect any communities, especially tho se with lowincome and minority populations, regardless of loca tion, to be disproportionally impacted by adoption of the proposed amendments. T he goal of the proposed amendments is to alleviate potential hazardous driv ing conditions in areas that routinely experience freezing temperatures by allowing higher VOC content AWWF to be sold in

additional areas of the State. All residents in th e proposed expanded Type “A” areasExecutive Summary ES -v will have access to the higher VOC AWWF, and these products are comparably priced to the lower VOC content AWWF. The slight increase in VOC emissions resulting from the proposal would not be concentrated in any parti cular area, but rather would be widely distributed across the entire area.

Recommendation : Staff recommends that the Board adopt the propos ed amendments to the California Consumer Products Regulation that would modify and clarify provisions related to Automotive Windshield Washer Fluid produ cts. Adoption of the amendments would expand Type “A” areas and clarify other regul atory provisions pertaining to these products. The net effect of expanding Type “A” are as would be to allow, but not require, the sale of premixed AWWF products with a VOC conte nt of up to 25 percent by weight. Amendments are proposed to sections 94508 and 94509 of title 17, California Code of Regulations.Intentionally Blank Page

### State of California

AIR RESOURCES BOARD

Initial Statement of Reasons

Proposed Amendments to the California Regulation for Reducing Emissions from C onsumer Products Pertaining to Automotive Windshield Washer Fluid



## Technical Support DocumentIntentionally Blank PageTechnical Support Document Chapter I-1



## I

. Introduction and Background

In this rulemaking, California Air Resources Board (ARB or Board) staff is proposing amendments to the provisions for Automotive Windshi eld Washer Fluid (AWWF) products contained in the Regulation for Reducing E missions from Consumer Products (Consumer Products Regulation). AWWF products are regulated based on the region in which they are sold. “Type A” areas are regions of the State which routinely experience freezing temperatures and require AWWF p roducts with a higher volatile organic compound (VOC) content to prevent freezing of the fluid. However, the current description of Type “A” does not include some areas that routinely experience freezing
temperatures.

The amendments are primarily designed to better cha racterize the areas of the State where freezing temperatures occur during the winter months. As proposed, businesses

in these areas would be allowed to offer for sale h igher VOC AWWF products in a ready-to-use (premixed) form. The amendments would also clarify and improve existing regulatory provisions, and allow additional clarify ing language to be included on labels for products that are diluted prior to use. The re gulation is codified in title 17, California Code of Regulations, sections 94507-94517. The pro posed amendments are specific to AWWF products; all other provisions of the Consumer Products Regulation would be unchanged.

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 the Proposed Amendments to the California Consumer Prod ucts Regulation pertaining to Automotive Windshield Washer Fluid Products. The p roposed amendments to the Consumer Products Regulation are found in Appendix A of this document.

Included in this Technical Support Document is the following information:

• background information on the consumer products pr ogram;

• regulatory history related to AWWF products;

• a description of the public problem, the proposed solution, and the rationale supporting the solution;

• a description, in plain language, of the proposed amendments to the Consumer Products Regulation;

• an analysis of the expected environmental impacts;

• the economic impacts associated with complying wit h the proposed amendments; and

• the rationale for the proposal.Technical Support Document Chapter I-2



### A. Authority to Regulate Consumer Products

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.

Consumer products are defined as chemically formula ted products used by household and institutional consumers. Examples include dete rgents, cleaning products, floor finishes, personal care products, lawn and garden p roducts, air fresheners, disinfectants, automotive specialty products ( e.g. automotive windshield washer fluid), paint thinners, insecticides, and aerosol paints.



### B. Background

1. Existing Consumer Products Regulations

For more than twenty years, the Board has taken act ions to fulfill the legislative mandates pertaining to the regulation of consumer p roducts. Three regulations have set VOC limits for 129 consumer product categories. Two voluntary regulations, the Alternative Control Plan and the Hairspray Credit P rogram, have been adopted to provide compliance flexibility to companies. These five consumer product regulations are codified in title 17, California Code of Regula tions, sections 94500 to 94575.

The three regulations that set VOC limits for consu mer products, when fully effective, will result in reducing VOC emissions by about 50 p ercent compared to 1990 levels. By 2020, limits on the use of ingredients with higher global warming potential (GWP) values will provide reductions of approximately 0.23 milli on metric tons of carbon dioxide equivalents per year.



### 2. Consumer Products and 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 State Implementation Plans (SIP) describing how they will attain national ambient air quality standards (NAAQS).

A SIP is a compilation of new and previously submit ted plans, programs (such as monitoring, modeling, permitting, etc.), local air district rules, and State and federal regulations. The Code of Federal Regulations (CFR) Title 40, Chapter I, Part 52, Subpart F, Section 52.220 sets forth all of the ite ms which are included in the California

SIP.

Because they are ozone precursors, reducing VOC emi ssions has been necessary to work toward attainment of the ambient air quality s tandards for ozone. In 1988, with theTechnical Support Document Chapter I-3

passing of the California Clean Air Act, the import ance of controlling emissions from consumer products was set forth. 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 NAAQS for ozone of 0.08 parts per million (ppm) averaged over eight hours. In the 2007 SIP, ARB set a targe t to achieve an additional statewide VOC reduction of 30 to 40 tons per day from consume r products by January 1, 2014. As of this writing, limits reducing VOC emissions b y 26 tons per day have been adopted to progress toward this target.

With respect to the ozone standard, the United Stat es Environmental Protection Agency (U.S. EPA) set a standard of 0.075 ppm in 2008. Th is standard was under reconsideration, but ultimately, in September 2011, the U.S. EPA announced its decision to proceed with implementation of the ozon e standard of 0.075 ppm. On April 30, 2012, the U.S. EPA issued a final rule th at directs key aspects of the implementation of the ozone standard of 0.075 ppm. The U.S. EPA will issue a second rule that will guide implementation of the 2008 ozo ne standard and will address SIP deadlines and other implementation issues. We expe ct to submit new SIPs for the 0.075 ppm ozone standard in 2015.

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

.



### 3. National Consumer Products Regulation

On September 11, 1998, U.S. EPA promulgated a natio nal consumer product 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, 1998). 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.

The U.S. EPA has also promulgated a national regula tion for aerosol coatings (spray paints) based on ARB’s Aerosol Coatings Regulation. This is a reactivity-based regulation. The national aerosol coatings regulati on was promulgated on March 24, 2008. The compliance date was July 1, 20 09 (U.S. EPA, 2008).

The national consumer products regulation is less e ffective than the California Consumer Products Regulation in reducing VOC emissi ons from consumer products. The national regulation does not regulate a number of product categories that are currently regulated under the ARB regulation. For the categories that are regulated under both regulations, many of ARB’s limits are mo re stringent than the national limits.Technical Support Document Chapter I-4

Such is the case for the AWWF category; the nationa l rule contains a 35 percent by weight VOC standard for all areas whether freezing temperatures exist or not. Therefore, ARB’s consumer products regulations have achieved significant additional reductions over those that would be achieved by the national rule.

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 toxic air contaminants (TACs). To d ate, the California Consumer Products Regulation includes prohibitions on the us e of certain TACs in 80 categories, resulting in a reduction of toxic compound emission s 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.



### C. Public Process for Development of Amendments

In order to involve the public, the consumer produc ts staff held a public workshop on July 10, 2012, to discuss the proposed amendments f or AWWF products. The information discussed at the workshop was posted on our consumer products program webpage, and stakeholders were notified via a list serve announcement. At the workshop, staff discussed the methodology used to i dentify additional Type “A” areas, the resulting areas proposed for addition to Type “ A” areas, the potential environmental and economic impacts, and the rulemaking schedule. The workshop was also webcast.

In addition to the workshop, staff held discussions with individual stakeholders and associations representing manufacturers, distributo rs, and retailers of AWWF products. No suggested alternatives to the amendments were ra ised at the workshop or during

discussions.

The workshop notice was distributed via the consumer products electronic list serve, which has over 2,800 subscribers. The list serve i s used to provide subscribers pertinent information about the consumer products p rogram.



### D. Automotive Windshield Washer Fluid Regulatory Hi story

This section provides a summary of existing regulat ory provisions pertaining to AWWF products sold in California. These requirements ar e set forth in the Consumer Products Regulation, title 17, California Code of Regulation s, sections 94507-94517.



### 1. Product Description

AWWF products are liquids designed or labeled for u se in motor vehicle windshield washer fluid systems to provide anti-freeze protect ion or to clean, wash, remove bugs,Technical Support Document Chapter I-5

or wet the windshield. Some products also claim to add a coating to the windshield that repels water, bugs, dirt and grime. Any fluid whic h is placed in the windshield washer

reservoir of new motor vehicles at the time the veh icle is manufactured is not subject to the requirements for AWWF products. AWWF products do not include Windshield Water Repellant products; these products are regula ted separately.

AWWF products are sold as both ready-to-use (premix ed) products and concentrated (dilutable) products. The premixed products make u p the vast majority of the market. Premixed products are intended to be poured directl y into the vehicle fluid reservoir without any additional dilution or mixing. On the other hand, concentrated products are to be diluted with water prior to use. AWWF produc ts are sold in auto parts stores, car dealerships, hardware stores, grocery supermarkets, convenience stores and in massmerchandisers.

AWWF products are typically formulated with water, short chain alcohols (such as methyl, ethyl, or propyl), smaller amounts of glyco l ethers, and surfactants. The alcohols are typically used to provide the anti-fre eze protection while not leaving a greasy film on the windshield. The glycol ethers a nd surfactants provide the cleaning

function. This same suite of VOCs is used to formu late dilutable and premixed AWWF.



### 2. Regulatory History

AWWF products were first regulated as part of “Phas e I” of the Consumer Products Regulation in 1990. At that time, it was acknowled ged that products with higher VOC content were necessary in some areas of the State b ecause these areas routinely experience freezing temperatures, i.e. less than 32 degrees Fahrenheit. Thus, to achieve the maximum feasible VOC reduction, the Sta te was divided into areas designated as Type “A” areas and “All other areas.” The term Type "A" area was used to describe regions of the State which experience f reezing temperatures. Specifically, Type “A” areas were described as Del Norte, Shasta and Trinity Counties; the Great Basin Valley, Lake Tahoe, Mountain Counties, and No rtheast Plateau Air Basins, as defined in title 17, California Code of Regulations , sections 60105, 60108, 60111, and 60113. Figure I-1, shows the existing Type “A” are as in gray. The rest of the State was designated as “All other areas.”

In the Phase I rulemaking, a VOC limit of 35 percen t by weight was set for Type “A” areas, while a 10 percent by weight VOC limit was s et for “All other areas.” These limits became effective on January 1, 1993.

In a 1999 rulemaking, the VOC limit for AWWF produc ts for areas outside of Type “A,”

i.e. , “All other areas” was lowered to 1 percent by wei ght VOC effective December 31, 2002. In 2006, the Board approved and subsequently adopted a 25 percent by weight VOC limit for Type “A” areas e ffective December 31, 2008. Table I-1 shows a chronology of the VOC limits for AWWF.Technical Support Document Chapter I-6



### Figure I-1. Existing Type “A” Areas

Air Basins in Type “A”: North East Plateau (NEP) Mountain Counties (MC) Lake Tahoe (LT) Great Basin Valley (GBV)

Counties in Type “A”:

Del Norte

Shasta TrinityTechnical Support Document Chapter I-7 Table I-1

VOC Limits for Automotive Windshield Washer Fluid

Area Effective

Date VOC Standard

(percent by weight) Type “A” areas 1/1/1993

12/31/2008 35

25

All other areas 1/1/1993

12/31/2002 10

1

Overall, VOC emissions have been reduced by 25 tons per day from this category. The majority of reductions have come from VOC limits fo r “All other areas.”

Other amendments have established package size requ irements for AWWF products. Dilutable products are defined as those packaged in quart containers, or smaller, or in sizes of 10 gallons or more. Premixed fluids are d efined as those packaged in sizes larger than one quart but less than 10 gallons. In 2004, amendments modified the regulation to allow manufacturers of dilutable AWWF products to specify dilution instructions for both Type “A” and “All other areas ” on the product label.

For further information on these rulemakings, the r eader is referred to the following rulemaking documents:

• “Proposed Regulation to Reduce Volatile Organic Co mpound Emissions from Consumer Products - Technical Support Document.” A ugust, 1990. (ARB, 1990)

• “Initial Statement of Reasons for Proposed Amendme nts to the California Consumer Products Regulation: Midterm Measures II.” Septemb er 10, 1999. (ARB, 1999)

• “Initial Statement of Reasons for the Proposed Ame ndments to the California Aerosol Coating Products, Antiperspirants and Deodo rants, and Consumer Products Regulations, Test Method 310, and Airborne Toxic Co ntrol Measure for paraDichlorobenzene Solid Air Fresheners and Toilet/Uri nal Care Products.” May 7, 2004. (ARB, 2004b)

• “Initial Statement of Reasons for Proposed Amendme nts to the California Consumer Products Regulation and the Aerosol Coatings Regula tion.” September 29, 2006. (ARB, 2006)

• “Initial Statement of Reasons for Proposed Amendme nts to the California Consumer Products Regulation.” August 7, 2009. (ARB, 2009)Technical Support Document Intentionally Blank PageTechnical Support Document Chapter II-8



## II

. Description of Public Problem, Proposed Solution t o the Public Problem, and Rationale Supporting the Propos ed

Solution

In this chapter we describe issues that have come t o light with the regulation of Automotive Windshield Washer Fluid (AWWF) products, the analysis to determine how best to resolve the issues, and the resulting propo sed solutions. We also describe, in plain language, the amendments proposed to implemen t the solutions, along with a rationale for each amendment proposed.



### A. Description of Public Problem

As described in Chapter I, the intent of our regula tions has always been to allow readyto-use premixed AWWF products with a higher volatil e organic compound (VOC) content to be sold in areas that routinely experien ce freezing temperatures. In these areas, termed Type "A" areas, ready-to-use AWWF pro ducts may be sold with a VOC content of up to 25 percent by weight to prevent th e fluid from freezing.

Areas outside of Type “A” are termed “All other are as.” In these areas of the State premixed ready-to-use AWWF must contain no more tha n 1 percent by weight VOC, because freeze protection is not needed. However, the current definition of Type “A” area does not include some areas that routinely exp erience freezing temperatures in the winter. In these areas ready-to-use products with 1 percent by weight VOC do not provide the necessary anti-freeze protection and co nsumers could encounter hazardous driving conditions either because the AWWF freezes in the reservoir or freezes as the product is sprayed onto the windshield.

Another issue identified relates to dilutable AWWF products. These are products that must be diluted prior to use and can be sold throug hout the State year-round. In practice these products should be diluted by consum ers to concentrations appropriate for driving conditions. For example, when travelin g to an area with sub-freezing temperatures, from areas where premixed AWWF is sol d with a VOC content of 1 percent by weight, the consumer should purchase a dilutable product and dilute the product to Type “A” specifications to achieve the p roper anti-freeze protection. The statewide availability of these products is designe d to alleviate situations where the use of lower VOC AWWF would freeze during winter. Howe ver, we have learned from

stakeholders that the dilution instructions are unc lear as to whether the end user may dilute the product to a concentration appropriate f or driving conditions, whether they reside in Type “A” areas or not. Consumers have al so indicated that these products are not readily available in some areas.Technical Support Document Chapter II-9

A further issue is that much of existing Type “A” a rea is described using air basin

names. Stakeholders have indicated that air basin names are not easily understood, making it difficult to discern where higher VOC pre mixed AWWF products can be sold.



### B. Proposed Solutions

To address the problem of areas routinely experienc ing freezing winter temperatures, but being outside of areas designated Type “A,” sta ff is proposing to identify, and if appropriate, propose that these areas be included i n Type “A.” The net effect of this solution would be to allow higher VOC content AWWF products to be sold in additional

areas of the State.

Related to a solution for clarifying dilution instr uctions on concentrated products, allowing language on dilutable products to explicit ly advise the consumer to dilute to a concentration appropriate for the driving condition s should resolve the problem.

To help stakeholders understand the existing Type “ A” areas, a combination of listing counties within the air basins, and in the case of Placer County, listing United States Postal ZIP codes should clarify areas of the State included in Type “A.”

As a first step to implement the proposed solutions , staff undertook an evaluation to determine whether, and to what extent, additional a reas of the State should be added to Type “A” areas. A detailed description of the data sources and the methodology used in our analysis is included in Appendix B. A summary of staff’s analysis follows.



### 1. Determine Areas of the State that Experience Fre ezing Temperatures During the Winter Months

To identify areas of the State that should be inclu ded in Type “A,” staff used temperature data for the months of December to Marc h for the period of 1970 to 2000. Using this data set staff was able to identify r egions of the State where the overall average of the minimum temperature between the mont hs of December through March was below 32 degrees Fahrenheit (PRISM, 2012). The areas that met this criterion were mapped using the Geographic Information System (GIS) (ArcGIS, 2012). The identified “freezing zones” not currently included in the Type “A” area are shown in blue in Figure II-1. Existing Type “A” areas are shown in gray.



### 2. Define Additional Type “A” Areas

As shown in Figure II-1, existing Type “A” areas ar e either described by entire air basins or by entire counties. In evaluating the additiona l regions with freezing temperatures, it is clear that many of them are located in areas tha t are nonattainment for ozone, e.g. the San Joaquin Valley and the South Coast. Thus, including the entire county or air

basin where the identified areas exist would substa ntially erode the emission reduction benefits achieved from regulating the VOC content o f AWWF products. Therefore, staffTechnical Support Document Chapter II-10

evaluated approaches that would clearly define the additional freezing regions, while minimizing emission impacts.



### Figure II-1. Areas Outside of Existing Type “A” whe re the Average

Minimum Temperature for December to March is Less than 32 Degrees Fahrenheit

Air Basins in Type “A”: North East Plateau (NEP) Mountain Counties (MC) Lake Tahoe (LT) Great Basin Valley (GBV)

Counties in Type “A”:

Del Norte

Shasta TrinityTechnical Support Document Chapter II-11

To define the additional areas staff evaluated usin g census tracts and ZIP codes. Using GIS staff mapped census tracts and ZIP codes over t he identified freezing regions. Both approaches matched the freezing temperature re gions closely.

While use of census tracts to identify the freezing regions would lessen the emissions impact slightly, staff believes this information is not easily understood. ZIP codes, on the other hand, are commonly used and understood. Each address is identified by a single ZIP code and their use would provide a pract ical way for manufacturers, distributors, and retailers to manage the distribut ion and sale of AWWF products into the new Type “A” areas. Thus staff believes use of ZIP codes is the better approach to define the identified freezing regions.

Figure II-2 shows the ZIP codes (as a pink line) th at are consistent with the identified freezing regions. Forty-three ZIP codes identify t hese freezing regions that are not currently identified as Type “A” areas.

3. Better Define Existing Type “A” Areas

As discussed in Chapter I, beginning in 1993 VOC li mits for AWWF were established based on where the products are sold. This was don e to maximize VOC reductions while recognizing the need for higher VOC products to provide anti-freeze protection in areas where the temperature is routinely less than 32 degrees Fahrenheit. Much of the existing Type “A” area was identified by air basin names. Stakeholders have asked for an approach to make it easier to understand existin g Type “A” areas.

Two solutions are proposed to clarify areas current ly included in Type “A:” 1) list counties that fall within the air basins; and 2) us e ZIP codes to identify areas that cannot be described by county name. Table II-1 lists the counties that are currently considered Type “A.” Listing county names provides a clear di stinction for all Type “A” areas except for Placer County. Not all of Placer County is cu rrently defined as Type “A.” Therefore, a further discussion related to Type “A” areas of P lacer County is warranted.

Table II-1 Counties that Comprise the Existing Type “A”

Air Basin Counties Great Basin Valleys Alpine, Inyo, Mono Lake Tahoe El Dorado, Placer* (portions) Mountain Counties Amador, Calaveras, El Dorado, Mar iposa, Nevada, Placer* (portions), Plumas, Sierra, Tuolumne Northeast Plateau Lassen, Modoc, Siskiyou North Coast Del Norte, Trinity Sacramento Valley Shasta * Only part of Placer County is included in Type “A ” in this air basinTechnical Support Document Chapter II-12



### Figure II-2. ZIP Codes Used to Describe Proposed Ne wly

Identified Type “A” AreasTechnical Support Document Chapter II-13

Placer County is divided among three air basins: S acramento Valley, the Mountain Counties, and Lake Tahoe. All portions of Placer C ounty in the Lake Tahoe Air Basin are in Type “A.” No parts of Placer County that ar e in the Sacramento Valley Air Basin are Type “A.” The portion of Placer County that is in the Mountain Counties Air Basin is Type “A.” The Sacramento Valley and Mountain Count ies Air Basin share a common border. The border is termed “Range 9 east, Mount Diablo Baseline and Meridian” (M.D.B. & M). Range 9 east M.D.B. & M is not clear ly defined by conventional maps. Figure II-3 shows the line that forms the border be tween the Sacramento Valley and

Mountain Counties Air Basins.

To help clarify areas considered Type “A” in Placer County, ZIP codes could be used. However, four ZIP codes span Range 9 east M.D.B. & M: 95602, 95603, 95631 and

95722. ZIP codes 95602 and 95603 define areas incl uding the city of Auburn. ZIP

code 95631 describes Foresthill. ZIP code 95722 id entifies the community of Meadow

Vista. Staff further evaluated whether the entiret y of these four ZIP codes should be added to Type “A.”

As was done to identify additional areas to conside r adding to Type “A,” staff reviewed average monthly minimum temperature data for the mo nths December through March. This review indicates that areas west of Range 9 ea st M.D.B. & M are beyond the identified winter freezing regions and are densely populated areas including the city of 

### Figure II-3. Range 9 East Mount Diablo Baseline an d Meridian in

Placer County: the Boundary for Existing Type “A”

AreasTechnical Support Document Chapter II-14

Auburn. The entirety of the city of Auburn is beyo nd Type “A” and is not bisected by Range 9 east M.D.B. & M.

The same cannot be said for the community of Meadow Vista, ZIP code 95722. Range 9 east M.D.B. & M. splits the community of Meadow V ista. This means that some businesses in this community are able to sell highe r VOC content AWWF while other areas of this same community are not. To provide c onsistency and clarity staff is proposing to add all of ZIP code 95722 into Type “A .” The area of ZIP code 95722 that would be added to Type “A” is shown with diagonal l ines in Figure II-3.

The areas of ZIP Codes 95602, 95603, and 95631 whic h lie east of Range 9 east M.D.B. & M appear to be rural areas or public land. No cities or communities of these three ZIP codes appear to span Range 9 east M.D.B. & M. Therefore adding the entire

area of these three ZIP codes is not warranted or s upported by our freezing temperature data. Because no cities are impacted b y this boundary there should be no confusion as to which AWWF products could be offere d for sale in the areas to the west of Range 9 east M.D.B. & M—premixed products with 1 percent by weight VOC content. We also note that adding all areas of these ZIP cod es would substantially erode air quality benefits from the regulation of AWWF.

To clarify those areas of Placer County included in Type “A,” staff proposes to list appropriate ZIP codes within the definition of AWWF (see Table II-4) and add all of the community of Meadow Vista described by ZIP code 957 22. As a further aid, staff maintains a website that also describes Type “A” vs. Nontype “A” areas along Range 9

east M.D.B. & M. The website can be accessed at: http://www.arb.ca.gov/consprod/regact/awwf/awwf.htm



### 4. Determining Emission Impacts

Another part of our analysis for the proposal was t o evaluate the emissions impact that

could occur if additional areas of the State were t o be added to Type “A.” As stated earlier, the net effect of adding regions into Type “A” would be to allow the sale of premixed AWWF products with VOC content of up to 25 percent by weight VOC—in addition to or in place of—the currently available 1 percent VOC by weight premixed product.

To evaluate the potential emission increases staff used existing survey data (grown to current year by population) to determine a per capi ta AWWF usage per day (ARB, 2006). Staff then calculated the emission increase by multiplying this daily usage of AWWF by the population in the proposed new Type “A” areas to get the total amount of product used. This result was then used to determi ne emissions if all product sold was either 1 or 25 percent by weight VOC. The differen ce is the potential VOC emissions

increase.

Staff estimates that the statewide VOC emissions in crease would be about 0.12 tons per day (tpd). This analysis assumes that all prod uct used was premixed AWWF. InTechnical Support Document Chapter II-15

reality, in these areas there is some use of diluta ble AWWF at a higher VOC content than 1 percent by weight, as allowed by regulation, thus the emissions increase is likely overstated. Table II-2 displays the estimated emis sions impact by air basin. In the context of having reduced VOC emissions by over 25 tpd from this category, staff believes the increase to be quite small. A more de tailed description of this analysis is included as Appendix B to this report.

Table II-2

Estimated Emissions Increases in Affected Air Basin s

Air Basin VOC Emission Increase (tpd)*
Mojave Desert 0.02
San Joaquin Valley 0.03

South Coast 0.04

Northern Air Basins** 0.02

San Diego < 0.01

Total 0.12

* Values are rounded
** Includes Sacramento Valley, North Coast, and Lak e County Air Basin



### 5. Summary of the Proposed Solutions

To resolve issues associated with regulatory provis ions for AWWF products staff is proposing to add areas of the State that routinely experience freezing temperatures into Type “A.” This would allow ready-to-use products w ith higher VOC content to be sold which, in turn, should alleviate potential hazardou s driving conditions that could result

from use of a lower VOC content AWWF. Staff is als o proposing to better define existing Type “A” areas. A third proposal would al low clear instructions to be included on dilutable product labels to indicate that these products can be diluted to Type “A” specifications when warranted by weather conditions

.

Areas proposed for addition to Type “A” are those a reas with the most severe winter temperatures that are not currently in Type “A.” C learly, there are additional areas of the State that occasionally experience freezing tem peratures during the winter months. For residents in these areas, when freezing tempera tures do occur, dilutable products are available for use. Our proposal would further clarify that diluting these products for freezing conditions is allowed.



### C. Proposed Amendments and the Rationale Supporting the Proposals

This section describes the proposed amendments that would implement the solutions to address the issues with current regulatory provisio ns for AWWF products. The rationale supporting the amendments is also explained.Technical Support Document Chapter II-16

This section is intended to satisfy the requirement s of Government Code Section 11343.2, which requires that a noncontrolling “plai n English” summary of the regulation be made available to the public. The proposed amen dments to the Consumer Products Regulation are set forth in Appendix A to this repo rt.



### 1. Proposed Amendments

Amendments are being proposed to section 94508, “De finitions,” and section 94509, “Standards for Consumer Products,” of the Regulatio n for Reducing Emissions from Consumer Products. The regulation is codified in t itle 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Article 2, Consumer Products, sections 94507-94517 (Consumer Products Regulation)

.

Where applicable, key terms or concepts involved in each proposed amendment are described. In the sections below, we describe the proposed amendments and the

rationale for them.

a. Definitions (Section 94508)

At present, contained in section 94508 are definiti ons for Automotive Windshield Washer Fluid (dilutable) and Automotive Windshield Washer Fluid (premixed). In addition, rather than providing a definition in sec tion 94508, the current regulation includes a description of Type “A” areas in the Tab le of Standards, section 94509(a). Specifically, Type “A” areas are described as Del N orte, Shasta and Trinity Counties; the Great Basin Valley, Lake Tahoe, Mountain Counti es, and Northeast Plateau Air Basins, as defined in title 17, California Code of Regulations, sections 60105, 60108, 60111, and 60113. Staff is proposing to consolidat e all definitions pertaining to Automotive Windshield Washer Fluid (AWWF) products into a modified AWWF definition. This should make the regulation easier to understand, and allow stakeholders to review all definitions pertaining t o AWWF in one place.

We are proposing to delete the description for Type “A” in the Table of Standards and instead define Type “A” within the reorganized AWWF definition. In addition, within the proposed AWWF definition, we would include the defi nitions for “premixed,” “dilutable,” and “Nontype “A” area.” The term “Nontype “A” area ” is proposed to replace the term “All other areas.” The term Nontype “A” area would be simply defined as all areas that are not Type “A.”

The proposed definitional changes would also clarif y the areas of the State that are currently included in Type “A.” Specifically, we a re proposing to include the names of the counties that comprise the air basins in existi ng Type “A” areas. Staff believes that county boundaries are more readily understood than are air basin boundaries. Thus defining existing Type “A” areas by county should c larify and simplify areas termed Type “A.” Table II-3 displays these counties.Technical Support Document Chapter II-17 Table II-3 Counties that Comprise Existing Type “A” Areas

Air Basin Counties Great Basin Valleys Alpine, Inyo, Mono Lake Tahoe El Dorado, Placer (portions) Mountain Counties Amador, Calaveras, El Dorado, Mar iposa, Nevada, Placer (portions), Plumas, Sierra,

Tuolumne Northeast Plateau Lassen, Modoc, Siskiyou North Coast Del Norte, Trinity Sacramento Valley Shasta

As shown in Table II-3, only portions of Placer Cou nty are included in the Mountain Counties Air Basin Type “A” area. To help provide regulatory clarity staff is proposing to

include in the AWWF definition the ZIP codes of Pla cer County included in Type “A.”

As described in section B.3 of this chapter, severa l ZIP codes span the boundary for Type “A” areas in Placer County. Because the bound ary line bisects the Meadow Vista community, to alleviate potential confusion, staff is proposing to add all of the ZIP code for Meadow Vista, 95722, into the Type “A” area. T he ZIP codes that define Type “A” areas in Placer County are shown in Table II-4.

Table II-4 ZIP Codes of Placer County that are Type “A” Areas or Proposed Type “A” Areas

Post Office Name ZIP Code Post Office Name ZIP Code

Auburn 95602* Norden 95724

Auburn 95603* Carnelian Bay 96140

Foresthill 95631* Homewood 96141

Alta 95701 Tahoma 96142

Applegate 95703 Kings Beach 96143

Colfax 95713 Tahoe City 96145

Dutch Flat 95714 Olympic Valley 96146
Emigrant Gap 95715 Tahoe Vista 96148

Gold Run 95717 Truckee 96161

Meadow Vista 95722 Truckee 96162

* Only the portion of ZIP codes 95602, 95603, and 9 5631 that lie to the east of Range 9 east, Mount

Diablo Baseline and Meridian.

We are also proposing to add additional areas to th e Type “A” definition. As described earlier in this chapter, we have identified additio nal areas that routinely experience freezing temperatures during the winter. As propos ed, the areas to be added would beTechnical Support Document Chapter II-18

listed by ZIP codes and the county where the ZIP co des are located. County names are provided as a point of reference only. All portion s of the identified ZIP codes (regardless of the county listed) would be added to Type “A” areas. The ZIP codes representing the areas proposed for addition are sh own Table II-5.

Table II-5 Areas Proposed for Addition to Type “A” Areas Ident ified by ZIP Code and County*

County* ZIP

Code County* ZIP

Code County* ZIP

Code

Butte 95954 Madera 00020 San Bernardino 92382

Butte/Tehama 95942 Madera 93643 San Bernardino 92385

Fresno 00017 Madera 93644 San Bernardino 92397

Fresno 93621 Riverside 92549 San Diego 91962

Fresno 93628 Riverside 92561 Santa Barbara 00032

Fresno 93664 San Bernardino 91759 Tehama 00037

Fresno/Tulare 93633 San Bernardino 92256 Tehama 00038

Glenn 00047 San Bernardino 92305 Tehama 96063

Humboldt 00050 San Bernardino 92314 Tulare 00026

Kern 00016 San Bernardino 92315 Tulare 93260

Kern 93255 San Bernardino 92317 Tulare 93262

Kern 93285 San Bernardino 92321 Tulare 93265

Kern/Ventura 93225 San Bernardino 92339 Tulare 93271

Kern 93226 San Bernardino 92352

Kern/Ventura/Santa

Barbara/San Luis Obispo 93252 San Bernardino 92358

* County names are provided for reference only. A ll identified ZIP codes (regardless of the county l isted) are proposed for addition to Type “A” areas.

The proposal is designed to minimize the emission i ncreases resulting from the sale of higher VOC AWWF products in more areas of the State , while acknowledging that there are additional areas that require a higher VOC cont ent AWWF product to prevent the AWWF from freezing. The net effect of adding areas to Type “A” would be to allow, but not require, the sale of ready-to-use (premixed) AW WF products with a VOC content of 25 percent by weight in the identified areas.Technical Support Document Chapter II-19

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

Several modifications to section 94509 are proposed as described below.

i. Section 94509(a), Table of Standards

As previously mentioned, we are proposing to delete the description of Type “A” area in the Table of Standards and instead refer to the pro posed reorganized definition for AWWF in section 94508(a). The proposed amendments would replace the term “All

other areas” in the Table of Standards with the ter m Nontype “A” areas. These changes are proposed to provide clarity. It would also be impractical to include the modified description of Type “A” area in the Table of Standa rds.

ii. Section 94509(b), Products that are Diluted Pr ior to Use

Subsection 94509(b)(3)(B) currently specifies label ing requirements for dilutable (concentrated) products. The labeling requirements allow a single concentrated product to be sold in all areas of the State provided that dilution instructions clearly specify how the product is to be diluted for Type “A” areas and “All other areas.” This section would be modified to replace the term “All other areas” w ith the newly defined term Nontype “A” area. However, use of the term “All other area s” for products that provide dilution

instructions for these areas would continue to be i n compliance as long as the dilution

instructions result in a final concentration of no more than 1 percent by weight VOC.

Section 94509(b) would be further modified to add n ew subpart (C). Subpart (C) would clarify that language on dilutable products may inc lude instructions for the consumer to dilute the product as specified for Type “A” areas, if the consumer intends to travel to an area when freezing temperatures are expected. This language would allow the consumer to prepare for winter driving conditions p rior to experiencing freezing
temperatures.

We also note that areas proposed for addition to Ty pe “A” are those areas with the most severe winter temperatures that are not currently i n Type “A.” Clearly, there are additional areas of the State that occasionally exp erience freezing temperatures during the winter months. For residents in these areas, w hen freezing temperatures do occur, dilutable products are available for use. Our prop osal would further clarify that diluting these products for freezing conditions is allowed.

iii. Effective Date

Staff is proposing that the amendments would become effective when filed with the Secretary of State, i.e. , the effective date of the amendments. This propo sal is designed to allow sale of higher VOC AWWF into addi tional areas of the State as soon as possible to alleviate potential hazardous drivin g conditions.Technical Support Document Chapter II-20



### 2. Compliance with the Proposed Amendments

While the proposed amendments would expand Type “A” areas, reformulation of AWWF products for these areas is not required. This is because ready-to-use (premixed) AWWF products that comply with the December 31, 200 8, 25 percent by weight VOC limit are already sold in existing Type “A” areas. The proposed amendments would allow, but not require, these products to be sold, supplied, or offered for sale into additional areas. In addition, premixed AWWF curre ntly sold in these areas would continue to be in compliance because their VOC cont ent is no more than 1 percent by weight. We expect manufacturers of AWWF products, as well as distributors and retailers, to make a business decision as to whethe r to offer for sale the higher VOC ready-to-use (premixed) AWWF products into the expa nded area.

Likewise, the proposed labeling language would not require the dilution language on dilutable product labels to be changed. It would a lso be a business decision as to

whether to make label modifications to advise the c onsumer to dilute concentrated products as specified for Type “A” areas if traveli ng to areas experiencing freezing
temperatures.

While not mandated, we believe most manufacturers, distributors, and retailers will make the changes allowed by the proposed amendments as a service to their

customers.Intentionally Blank PageTechnical Support Document Chapter III-21



## III. Summary of Recommended Action and Alternatives to the Proposed Regulation

This chapter contains staff’s recommendation to ado pt the proposed amendments. It also sets forth two alternatives to the proposal th at were considered, but rejected by staff, in favor of the recommended proposal.



### A. Recommended Action

Staff recommends that the Board adopt the proposed amendments to the California Consumer Products Regulation that would modify and clarify provisions related to Automotive Windshield Washer Fluid (AWWF) products. Adoption of the amendments would expand Type “A” areas and clarify other regul atory provisions pertaining to AWWF products. The net effect of expanding Type “A ” areas would be to allow, but not require, the sale of premixed AWWF products with a VOC content of up to 25 percent by weight. Amendments are proposed to sections 945 08 and 94509 of title 17, California Code of Regulations. A description of t he proposed amendments and rationale for them is contained in Chapters II and VII. The regulatory text for the proposed amendments is set forth in Appendix A.



### B. Evaluation of Regulatory Alternatives

Government Code section 11346.2 requires ARB to con sider and evaluate reasonable alternatives to the proposed amendments and provide reasons for rejecting those alternatives. Staff has evaluated potential altern atives to the proposal including “taking no action,” and using a different approach to descr ibe areas proposed for addition to Type “A.”

A rationale for rejecting the alternatives is also provided. Staff has determined that no alternative considered by the agency would be more effective in carrying out the purpose for which the regulation is proposed, or wo uld be as effective or less burdensome to affected private parties than the pro posed regulation.



### 1. Taking No Action

A “taking no action” alternative would leave Type “ A” areas unchanged. However, as described in Chapter II, the current description of Type “A” areas does not include several areas of California that routinely experien ce freezing temperatures during the winter months. Consumers in these areas currently only have access to ready-to-use AWWF products with a 1 percent by weight VOC conten t. This VOC level is not sufficient to keep the AWWF products from freezing at low temperatures and creates a potential hazard in these areas should the AWWF pro duct freeze in the reservoir orTechnical Support Document Chapter III-22

freeze when applied to the windshield. While conce ntrated products are available statewide that should alleviate this situation, dil ution instructions direct the end user in Nontype “A” areas to dilute the product to a concen tration of 1 percent by weight. Hence, having concentrated products available does not alleviate the situation.

Staff rejected this alternative because the “taking no action” alternative leaves residents in areas with routine freezing temperatures, but no t currently considered Type “A,” without suitable AWWF products to provide the neces sary anti-freeze protection.



### 2. Define New Type “A” Areas by County Boundaries

Current Type “A” areas are identified by either cou nty or air basin boundaries. Therefore, a straight-forward approach to add areas to Type “A” would be to include the entire county if a portion of that county has an id entified freezing region. Our analysis indicates that including the entire county would ex pand the Type “A” areas well beyond areas where freezing temperatures are common in the winter months, and result in much greater emission increases than would the staf f’s proposal. For example, if all of Tulare County were to be considered a Type “A” area , potential emission increases would be about 0.5 tons per day. Using ZIP codes t o identify freezing regions within Tulare County to be included in the Type “A” area, which is the staff’s proposal, results in a VOC emission increase of about 0.01 tons per d ay.

Staff has tried to balance the need to have easily understood Type “A” area boundaries while minimizing emission increases. Staff believe s using ZIP codes to describe as Type “A” only those areas of a county in the identi fied freezing regions is the better approach to minimize emission increases. This is i mportant because many of the identified areas are in ozone nonattainment areas, such as the San Joaquin Valley Air Basin and the South Coast Air Basin. Therefore, st aff rejected this approach in an effort to minimize the potential VOC emissions increase in these areas.Technical Support Document Chapter IV-23



## IV. Environmental Impacts Analysis

This chapter provides an environmental analysis for the proposed amendments. Based on ARB staff’s review, implementation of the propos ed amendments to the Regulation for Reducing Emissions from Consumer Products would not result in any potentially significant adverse environmental impacts on the en vironment. This analysis provides the basis for reaching this conclusion.



### A. Environmental Review Process

ARB is the lead agency for the proposed amendments and has prepared this environmental analysis pursuant to its regulatory p rogram certified by the Secretary of the Natural Resources Agency (14 CCR 15251(d); 17 C CR 60005-60007). In accordance with Public Resources Code (PRC) section 21080.5 of the California Environmental Quality Act (CEQA), public agencies w ith certified regulatory programs are exempt from certain CEQA requirements including , but not limited to, preparing environmental impact reports, negative declarations , and initial studies. As required by ARB’s certified regulatory program, and the policy and substantive requirements of CEQA, ARB staff has prepared an assessment of the p otential for significant adverse and beneficial environmental impacts associated wit h the proposed regulation and a succinct analysis of those impacts. This environme ntal analysis is part of this Staff Report: Initial Statement of Reasons (ISOR) prepar ed for the rulemaking. The
resource areas from the CEQA Guidelines Environment al Checklist were used as a framework for assessing the potential for significa nt impacts.

When ARB adopts a rule or regulation requiring the installation of pollution control equipment, or a performance standard or treatment r equirement, CEQA requires ARB to conduct “an environmental analysis of the reason ably foreseeable methods of compliance by which that rule or regulation will be achieved” (PRC section 21159). This analysis describes the reasonably foreseeable metho ds of compliance with these amendments and the potential for adverse environmen tal impacts associated with those

actions.

If comments received during the public review perio d raise significant environmental issues, staff will summarize and respond to the com ments in writing. The written responses will be included in the Final Statement o f Reasons (FSOR) for the regulation. Before taking final action on any proposed action f or which significant environmental issues have been raised, the decision maker shall a pprove the written responses to these issues. If the regulation is adopted, a Noti ce of Decision will be posted on ARB’s website and filed with the Secretary of the Natural Resources Agency for public inspection.Technical Support Document Chapter IV-24



### B. Proposed Regulation

1. Description

In this rulemaking, ARB staff is proposing amendmen ts to the provisions for Automotive Windshield Washer Fluid (AWWF) products. As descri bed in Chapter I, AWWF products are regulated based on the area of the Sta te where they are to be sold. The term Type “A” area is used to describe regions of t he State which experience freezing temperatures. In Type “A” areas, premixed ready-to -use AWWF products may be sold with a volatile organic compound (VOC) content of u p to 25 percent by weight to prevent the fluid from freezing.

The amendments are designed to redefine Type “A” ar eas because the current description does not include some areas of the Stat e that routinely experience freezing temperatures in the winter. The areas proposed for addition are mountainous areas of the following counties: Butte, Fresno, Glenn, Humb oldt, Kern, Madera, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barba ra, Tehama, Tulare, and Ventura. The proposed amendments would also define additiona l areas of Placer County as Type “A.”

In addition the proposed amendments would allow add itional clarifying language to be included on labels for products that are diluted pr ior to use. As proposed, Responsible Parties may include, along with the currently requi red dilution instructions, language advising consumers to dilute the product for Type “ A” areas if traveling to areas where freezing temperatures are expected.



### 2

. Objectives

The proposal to expand Type “A” areas is designed t o allow, but not require, premixed (ready-to-use) products with a VOC content of 25 pe rcent by weight to be offered for sale in additional areas of the State that experien ce freezing temperatures during the winter months. Proposed labeling provisions for di lutable products are designed to clarify that the end user may dilute the product ap propriately for winter driving conditions whether they reside in Type “A” areas or not. Thes e proposals would make it less likely that consumers would encounter hazardous driving co nditions because the AWWF product freezes in the reservoir or when sprayed on to the windshield.



### 3. Methods of Compliance

While the proposed amendments would expand Type “A” areas, manufacturers and distributors are not required to sell or supply AWW F products with higher VOC content

into these areas. There would not be a need for re formulation because ready-to-use (premixed) AWWF products that comply with the Decem ber 31, 2008, 25 percent by weight VOC limit are already sold in existing Type “A” areas. In addition, premixed AWWF currently sold in these areas would continue t o be in compliance because their VOC content is no more than 1 percent by weight.Technical Support Document Chapter IV-25

Moreover, manufacturers may choose, but are not req uired, to modify dilutable product

labels to advise the consumer on how to dilute the product if traveling to areas where freezing temperatures are expected.

Businesses that offer for sale or use AWWF products may be impacted by the proposed amendments. However, because the proposed amendmen ts only allow, but do not require, a specific action, it would ultimately be a business decision as to whether operations should be modified. Distributors, for e xample, may choose to modify their distribution systems to supply higher VOC content A WWF products into the expanded Type “A” areas which may potentially involve revisi ng their computer databases. Additionally, businesses and retailers that had bee n required to sell only the lower VOC content premixed AWWF, may now choose to offer for sale the higher VOC AWWF in addition to (or instead of) the lower VOC AWWF prod uct.



### C. Environmental Impacts

1. Beneficial Impacts

Staff did not identify any beneficial environmental impacts directly associated with this proposal. However, consumers should benefit from t he proposed amendments by having access to a higher VOC content AWWF product in areas where freezing temperatures are common. Language on dilutable pro duct labels would also benefit the consumer by clarifying that they can mix the concen trated products to the Type “A” dilution, regardless of their location when freezin g temperatures are expected. These proposals are designed to alleviate potential hazar dous driving conditions that may result from use of the 1 percent by weight VOC cont ent AWWF.



### 2. Resource Areas with No Impacts

Staff has evaluated the proposed amendments to dete rmine whether implementation of the proposed amendments to the Consumer Products Re gulation would have the potential to adversely impact the environment.

Based on staff’s review, it has been determined tha t the proposed amendments would not have a significant adverse impact on the enviro nment. The rationale for making this determination is further explained below.

AWWF products are currently sold throughout Califor nia. The proposed amendments would allow, but not require, the sale or supply of higher VOC content AWWF into additional areas of the State that had previously s old only the lower VOC content AWWF. Other than a difference in VOC content, the AWWF products are identical in size, comparable in weight, and used in the same ma nner. After applying AWWF to clean the windshield—regardless of VOC content—the product is designed to
evaporate.Technical Support Document Chapter IV-26

Expanding the areas where AWWF products with higher VOC content can be sold will

result in increased VOC emissions. We estimate tha t the emissions could increase by as much as 0.12 tons per day statewide. This estim ate assumes that all AWWF used in the newly identified Type “A” areas is the 1 percen t by weight premixed AWWF, and that all of this product will be replaced by premix ed AWWF with 25 percent by weight VOC content. In reality, dilutable concentrated pr oducts are used to some extent in these areas at concentrations higher than 1 percent by weight VOC, as allowed by current regulation, so the assumed VOC increase is conservative and is likely smaller.

These proposed amendments, taken alone, are expecte d to result in a small VOC emissions increase. However, new or lower VOC limi ts for various categories of consumer products are scheduled to become effective concurrent with these amendments. In a 2010 rulemaking the Board approve d, and subsequently adopted, VOC limits for consumer products resulting in a 6.7 ton per day statewide VOC emissions decrease beginning on December 31, 2012 ( ARB, 2010). Even further VOC emissions reductions from this 2010 rulemaking are expected to occur at the end of 2013. Additionally, staff is currently working on another consumer products rulemaking

that will result in even further reductions from co nsumer products. While there is a slight erosion of emission reduction benefit from t hese proposed amendments, the reductions from the 2010 rulemaking and the future rulemaking will more than offset this small emissions increase. Taken together then, we d o not expect a significant adverse impact on air quality because overall consumer prod uct VOC emissions will be less.

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 greenhouse eff ect both directly and indirectly. Direct effects occur when the gas itself is a green house gas (GHG). Indirect radiative forcing occurs when chemical transformations of the original gas produce other GHG. Such is the case for VOCs; they are considered GHGs primarily because of their role in forming ozone and prolonging the life of methane, b oth of which are GHGs.

The small VOC emissions increase that would occur f rom these amendments is not expected to have an adverse impact on climate chang e because the compounds used in AWWF products are not potent ozone formers. Add itionally, this rulemaking, together with the VOC reductions occurring from the previous ly mentioned 2010 rulemaking, will

result in a net decrease in VOC emissions.

In general, there are hazards associated with many products containing VOCs if used, handled, or disposed of incorrectly. California cu rrently has a strong regulatory system to manage hazardous materials and hazardous waste—f rom generation to final disposition—under which the AWWF products would be regulated. Hazardous materials, including products containing VOCs, are currently required to be labeled and accompanied by a Material Safety Data Sheet when so ld (by State or federal regulations) in order to warn the end user of its p otential hazards and safe handling. The AWWF products will not change as a result of th ese proposed amendments;Technical Support Document Chapter IV-27

therefore, the potential hazards already identified on the label (flammable and toxic) will not change. Both higher and lower VOC AWWF product s are formulated with water, short chain alcohols (such as methyl, ethyl, or pro pyl), smaller amounts of glycol ethers, and surfactants. The alcohols are typically used t o provide the anti-freeze protection without leaving a greasy film on the windshield, wh ile the glycol ethers and surfactants provide the cleaning function. This same suite of VOCs is used to formulate dilutable and premixed AWWF products. Individual exposure to the VOCs in AWWF products is minimal because it is essentially limited to when t he AWWF is added to the reservoir.

Users are otherwise inside of their vehicles at the time the product is applied to their windshields, thus limiting any exposure. Label ins tructions must be properly followed and warnings heeded in order to eliminate any adver se exposure to this product.

Staff does not expect any impacts on traffic and tr ansportation systems because AWWF products are already distributed statewide. The we ight, size, and amounts of AWWF products to be offered for sale and distribution wi ll be similar to the existing situation, and there would be no changes to the current traffi c routes and frequencies; therefore, there would not be any additional emissions associa ted with traffic or in the transportation of AWWF products.

Staff has concluded that the proposed amendments wo uld not have a significant adverse impact on the following resource areas: ae sthetics; agricultural and forestry resources; biological resources; cultural resources ; geology and soils; hydrology and water quality; land use planning; mineral resources ; noise; population and housing; public services; or recreation. These areas would not be impacted because compliance with the regulation does not require any action tha t could affect these resources, either directly or indirectly.

No discussion of alternatives or mitigation measure s is necessary because no significant adverse environmental impacts were iden tified for these resource areas.Intentionally Blank PageTechnical Support Document Chapter V-28



## V. Environmental Justice

The ARB has made the achievement of environmental j ustice an integral part of its activities. State law defines environmental justic e as the fair treatment of people of all races, cultures, and incomes with respect to the de velopment, adoption, implementation, and enforcement of environmental la ws, regulations, and policies.

The Board approved Environmental Justice Policies a nd Actions (Policies) on December 13, 2001. These Policies establish a fram ework for incorporating environmental justice into the ARB's programs consi stent with the directives of State law. The Policies apply to all communities in Calif ornia, but recognize that environmental justice issues have been raised more in the context of low-income and minority communities.

We believe the proposed amendments to the Consumer Products Regulation pertaining to AWWF are consistent with environmental justice p olicies. The goal of the proposed amendments is to alleviate potential hazardous driv ing conditions in areas that routinely experience freezing temperatures by allowing higher VOC content AWWF to be sold in additional areas of the State. These higher VOC pr oducts help prevent the AWWF from freezing either in the vehicle’s reservoir or when applied to the windshield. All residents in the proposed expanded Type “A” areas will have a ccess to the higher VOC AWWF, and these products are comparably priced to the low er VOC content AWWF. The proposed amendments would potentially result in a s light increase in VOC emissions in the expanded Type “A” areas. Because of how AWWF p roducts are used, however, this increase would not be concentrated in any part icular area, but rather would be widely distributed across the entire area. For the se reasons, we do not expect any communities, especially those with low-income and m inority populations, regardless of location, to be disproportionally impacted by adopt ion of the proposed amendments.Intentionally Blank PageTechnical Support Document Chapter VI-29



## VI. Economic Impacts

This chapter provides our analysis of the estimated economic and fiscal impacts associated with complying with the proposed amendme nts. This economic impacts analysis was conducted in accordance with the curre nt legal requirements under the Administrative Procedure Act (APA).

The proposed amendments are designed to redefine Ty pe “A” areas because the current description does not include some areas tha t routinely experience freezing temperatures in the winter. The effect of includin g these areas in Type “A” would be to allow, but not require, the sale of premixed Automo tive Windshield Washer Fluid (AWWF) products with a volatile organic compound (V OC) content of up to 25 percent by weight rather than, or in addition to, the curre nt 1 percent by weight products.

In addition the proposed amendments would allow Res ponsible Parties to include language on dilutable product labels to advise cons umers how the product should be diluted when they expect to travel to areas that ar e experiencing freezing temperatures. Proposed amendments would also clarify existing Typ e “A” areas.



### A. Summary of Economic Impacts

The proposed amendments allow, but do not require, higher VOC AWWF products to be sold into the additional Type “A” areas. Likewi se proposed labeling language would not require the dilution language on dilutable prod uct labels to be changed. Therefore, the economic impacts of the proposed amendments are neutral. We do not expect businesses to incur any costs to reformulate AWWF p roducts. However, to sell, or offer for sale, higher VOC products into the added Type “ A” areas, distribution systems may

have to be modified. We believe this cost to be ne gligible. Should manufacturers opt to modify product labels, costs are estimated to be ab out $165 per manufacturer. While the proposed amendments do not require a specific a ction, we expect most manufacturers, distributors, and retailers to accom modate the proposals if it would be profitable to do so or as a service to their custom ers.



### B. 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 businesses to compete with businesses in other stat es.Technical Support Document Chapter VI-30



### 1. Potential Impacts on California Businesses

The proposed amendments should have no discernible cost impact on California businesses. Businesses may choose whether to sell, supply, or offer for sale higher VOC AWWF in the areas proposed for inclusion into T ype “A.” Manufacturers incurred reformulation costs in the 2008 timeframe to comply with the 25 percent by weight VOC limit for Type “A” areas. This same formulation wo uld be compliant in the areas proposed for addition to Type “A.” Should they cho ose to expand distribution of these products into new Type “A” areas, there would be mi nor costs associated with redesigning distribution systems. However, transpo rtation costs are expected to remain stable because the weight, size, and amounts of AWW F to be offered for sale would be comparable to the existing situation. The proposed dilution language is also not required to be included on product labels. Thus, i t can be presumed that manufacturers will choose to update their product label dilution instructions if it would be profitable to

do so or as a service to their customers. Costs fo r revising product labels of concentrated AWWF are also expected to be negligibl e. However, if manufacturers choose to modify the labels, we estimate the cost t o be about $165 per manufacturer or a total one-time cost of about $4,000 ($165 x 24 bu sinesses = $3,960).

Likewise, we do not expect retailers in the expande d Type “A” areas to experience costs associated with the proposed amendments. AWWF prod ucts are sold in a variety of businesses including home supply stores, automotive parts and tire stores, gasoline filling and service stations, and variety stores. Using the Dun and Bradstreet Market Insight database, we identified 41 such businesses in the affected areas; 37 of them are small businesses (D&B, 2012). The AWWF products th ese businesses currently offer for sale would continue to be compliant so we belie ve there would be no costs associated with product recall or sell-through prov isions. We expect retailers to make

business decisions as to whether to offer for sale higher VOC premixed AWWF products in the expanded Type “A” area instead of, or in addition to, the current products. However, we expect most retailers to off er for sale the higher VOC products.



### 2. Potential Impacts on Business Creation, Eliminat ion, or Expansion

The amendments would add areas of California into T ype “A.” This could result in different AWWF products being offered for sale in t hese areas, but should not cause any noticeable increase or decrease in sales of AWW F products. Therefore, we do not believe there would be impacts on business creation , elimination, or expansion.



### 3. Potential Impacts on Business Competitiveness

The proposed amendments would have no impact on the ability of California businesses to compete with businesses in other states. Becaus e the proposed amendments would have no noticeable cost impact, the staff’s proposa l should not present any economic disadvantages specific to California businesses.Technical Support Document Chapter VI-31



### 4. Potential Impacts on California Employment

The proposed amendments are not expected to cause a ny change in California employment and payroll. The proposed amendments wo uld only change the types of products that may be sold in small areas of the Sta te. Overall, we expect total sales of AWWF products to remain unchanged.



### 5. Potential Impacts on California Consumers

Consumers in the expanded Type “A” areas would pote ntially benefit by having access to ready-to-use, freeze resistant AWWF products. T hese products are potentially more convenient to use than are dilutable products. We also expect consumers to experience little or no difference in the price of the available AWWF products. Premixed AWWF products, regardless of VOC content appear to be comparably priced.

Modified labeling requirements for dilutable produc ts would help provide clarity for consumers regarding the use of these products in fr eezing conditions.



### 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 amendments wil l not create costs or savings, as defined in Government Code section 11346.5(a)(6), t o any State 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 (c ommencing with section 17500), Division 4, title 2 of the Government Code, or othe r nondiscretionary savings to local agencies.



### C. Mitigation of Potential Impacts

If adopted by the Board, the proposed amendments wo uld be incorporated into

sections 95408 and 94509 of the Consumer Products R egulation (title 17, California Code of Regulations, sections 94507-94517). We do not expect there to be any noticeable economic impacts associated with complyi ng with the proposed amendments. Therefore, no mitigation strategies ar e necessary. We believe manufacturers, distributors, and/or retailers will make business decisions as to how to respond to the proposed amendments, with the goal o f maintaining or improving profitability.Intentionally Blank PageTechnical Support Document Chapter VII-32



## VII. Summary and Rationale for the Proposed Amendme nts

This chapter provides a summary of specific changes to the regulation and the reason, or rationale, for the change. Amendments are being proposed to section 94508, “Definitions,” and section 94509, “Standards for Co nsumer Products.” Any sections of the regulation without proposed changes are not inc luded here.



### A. Summary of Section 94508, Definitions

Section 94508 of the regulation defines all key ter ms used in the regulation that may not be in common use or which may potentially be ambigu ous without a regulatory

definition. Definitions have been edited and added to clarify the meaning and intent of the regulation.

Summary of Section 94508(a) Proposed Amendments

We are proposing to reorganize the definitions pert aining to AWWF products into a single definition. Within the modified definition we would define Type “A” areas and Nontype “A” areas. The term “Nontype “A” areas” is proposed to replace the current term “All other areas.” As proposed, Nontype “A” a rea would be any area that is not defined as a Type “A” area. Additional geographica l areas would be added to the definition of Type “A” area, and these areas would be defined by ZIP code boundaries rather than by county or air basin boundaries. Exi sting Type “A” areas would also be

clarified.

Rationale for Section 94508(a) Proposed Amendments

Type “A” areas were previously described in the Tab le of Standards. Inclusion of additional regions as well as redefining these area s would cause the Table of Standards to be unnecessarily lengthy. We believe that subst ituting the term Nontype “A” area for the previously undefined term “All other areas” wil l eliminate confusion. Providing definitions for Type “A” and Nontype “A” areas will better differentiate the two types of areas as well as provide definitions where they are normally found within a regulation. Additional regions that routinely experience freezi ng temperatures during the winter are proposed to be added to the definition of Type “A” area. We are proposing to define these areas by ZIP code boundaries to minimize emis sion increases. Along with ZIP codes we are providing the county names as a point of reference. However, all of the identified ZIP codes (regardless of the county list ed) would be included in Type “A”

areas.Technical Support Document Chapter VII-33



### B. Summary of Section 94509, Standards for Consumer Products

Section 94509 sets forth the VOC standard for each regulated category along with the effective date of the limit. Various other require ments for consumer products, such as specific prohibitions on use of toxic compounds, pr oduct labeling, and sell-through dates

are also included.

Summary of Section 94509(a) Proposed Amendments

We are proposing to delete the description of Type “A” areas in the Table of Standards

and instead reference the definition in section 945 08(a).

Rationale for Section 94509(a) Proposed Amendments

We are providing a definition for Type “A” areas wi thin the reorganized AWWF definition in section 94508(a). This change is necessary as it would be impractical to include the expanded definition of Type “A” area in the Table o f Standards.

Summary of Section 94509(b)(3)(B) Proposed Amendmen ts

Subsection 94509(b)(3)(B) would be modified to repl ace the term “All other areas” with the term Nontype “A” area.

Rationale for Section 94509(b)(3)(B) Proposed Amend ments

Replacement of the term “All other areas” with the proposed term Nontype “A” area will allow for clarity and consistency of terminology wi thin the regulation. However, dilutable product labels that continue to provide dilution in structions for Nontype “A” areas using

the term “All other areas” would continue to be com pliant as long as the dilution

instructions result in a VOC content of no more tha n 1 percent by weight.

Summary of Section 94509(b)(3)(C) Proposed Amendmen ts

Section 94509(b)(3)(C) would clarify that language on dilutable products may include instructions for the consumer to dilute the product as specified for Type “A” areas if the

consumer intends to travel to an area where freezin g temperatures are expected.

Rationale for Section 94509(b)(3)(C) Proposed Amend ments

The proposed language for dilutable products is des igned to advise the consumer in Nontype “A” areas that if they plan to travel to ar eas during times when they may encounter freezing temperatures they should dilute the product to Type “A” specifications. This will help consumers better pr epare for winter driving conditions.Technical Support Document Chapter VIII-34



## VIII. References

1. Air Resources Board. Proposed Regulation to Redu ce Volatile Organic Compound Emissions from Consumer Products - Technical Suppor t Document. August, 1990. (ARB, 1990)

2. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation: Midterm Me asures II. September 10, 1999. (ARB, 1999)

3. Air Resources Board. Initial Statement of Reason s for the Proposed Amendments to the California Aerosol Coating Products, Antiperspi rants and Deodorants, and Consumer Products Regulations, Test Method 310, and Airborne Toxic Control Measure for para-Dichlorobenzene Solid Air Freshene rs and Toilet/Urinal Care Products. May 7, 2004. (ARB, 2004b)

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

5. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Consumer Products Regulation. August 7, 2009. (ARB, 2009)

6. Air Resources Board. Initial Statement of Reason s for Proposed Amendments to the California Regulations for Reducing Emissions from Consumer Products and Test Method 310: Determination of Volatile Organic Compo unds in Consumer Products and Reactive Organic Compounds in Aerosol Coating P roducts. September 29, 2010. (ARB, 2010)

7. ArcGIS Online, ESRI. Esri Maps and Data. http://www.arcgis.com/home/index.html

. Accessed July 2012. (ArcGIS, 2012)

8. Dun & Bradstreet Market Insight Database. Sales & Marketing Solutions. July 12, 2012. (D&B, 2012)

9. PRISM Climate Group, Oregon State University. http://prism.oregonstate.edu/

. Accessed July 2012. (PRISM, 2012)

10. United States Environmental Protection Agency. National Volatile Organic Compound Emission Standards for Consumer Products. (40 CFR Parts 9 and 59). Federal Register: September 11, 1998. Volume 63. Number 176: 48819- 48847.(U.S. EPA, 1998)Technical Support Document Chapter VIII-35

11. United States Environmental Protection Agency. National Volatile Organic Compound Emission Standards for Aerosol Coatings; D irect Final Rule. (40 CFR Part 59). Federal Register: March 24, 2008. Volume 73, Number 57: 15470-15471. (U.S. EPA, 2008)