State of California 

AIR RESOURCES BOARD 

Staff Report: Initial Statement of Reasons

Proposed Amendments to the California 

Regulation for Reducing Emissions from Consumer Products 

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 Consumer Products 

Pertaining to Automotive Windshield Washer Fluid 

To be Considered by the Air Resources Board at a Public 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 California Air Resources Board and approved for 

publication. Approval does not signify that the contents necessarily reflect the views and policies of 

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 for 

Reducing Emissions from Consumer Products Pertaining 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 available 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 the 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 (916) 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, please contact: 

Mr. Jose Gomez or Mr. Olufemi Olaluwoye 

Manager Air Pollution Specialist 

Technical Development Section Technical Development 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 (SIP) ............................... 2

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

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

D. Automotive Windshield Washer Fluid Regulatory History ..................................... 4

1. Product Description ........................................................................................... 4

2. Regulatory History ............................................................................................ 5

II. Description of Public Problem, Proposed Solution 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 Freezing 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 the 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 State and Local Agencies . 29

1. Potential Impacts on California Businesses .................................................... 30
2. 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 Agencies .................................. 31

C. Mitigation of Potential Impacts ............................................................................ 31

VII. Summary and Rationale for the Proposed Amendments ...................................... 32

A. Summary of Section 94508, Definitions .............................................................. 32

B. Summary of Section 94509, Standards for Consumer Products ........................ 33

VIII. References ........................................................................................................... 34

 Appendix A - Proposed Amendments to the Regulation for Reducing Emissions 

 From Consumer Products 

 Appendix B - Analysis to Identify Freezing Regions and Evaluate Impacts of 

 Expanding Type A Areas

List of Tables 

Table I-1 VOC Limits for Automotive Windshield Washer Fluid...........................7 

Table II-1 Counties that comprise the Existing Type “A”....................................11 

Table II-2 Estimated Emissions Increases in Affected 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 Newly Identified Type “A” 

 Areas....................................................................................ES-2 

Figure I-1 Existing Type “A” Areas .................................................................6 

Figure II-1 Areas Outside of Existing Type “A” where the Average Minimum 

Temperature for December to March is Less than 32 Degrees 

Fahrenheit.................................................................................10 

Figure II-2 ZIP Codes Used to Describe Proposed Newly 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 .............................................13 
Executive Summary ES-i 

Executive Summary 

In this rulemaking, California Air Resources Board (ARB or Board) staff is proposing 

amendments to the provisions for Automotive Windshield Washer Fluid (AWWF) 

products as set forth in the Regulation for Reducing Emissions from Consumer 

Products (Consumer Products Regulation). Requirements 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 and 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 include 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 occur 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 would 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 improve 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 title 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 required by the California 

Administrative Procedure Act. Appendix A contains the amendments to the Consumer 

Products Regulation in underline and strikeout format. 

Background: AWWF products are defined as liquids designed or labeled for use in 

motor vehicle windshield washer fluid systems to provide anti-freeze protection or to 

clean the windshield. AWWFs were first regulated in 1990. At that time it was 

acknowledged that AWWF products with a higher VOC content 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" area 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 VOC. A 1 percent by weight VOC limit 

is in effect for “All other areas.” Dilutable (concentrated) 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 reduction of over 25 tons per day. 

Most of these reductions have come from products sold in “All other areas.” 

Development of Proposed Amendments: To determine whether, and to what extent, 

areas should be added to Type “A,” staff mapped average monthly minimum 

temperature data using the Geographic Information System (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 result in increased VOC emissions, 

staff evaluated methods to minimize the emission increases while allowing higher VOC 

product to be available in the identified areas. Staff determined that ZIP (Zone 

Improvement Plan) codes most closely aligned with the areas with freezing 

temperatures. This system of five-digit postal codes 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 below shows the areas proposed for 

addition to Type “A” in blue. The pink lines indicate 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” Areas 
Executive Summary ES-iii 

As shown in Figure ES-1, the additional areas are mountainous portions of the following 

counties: Butte, Fresno, Glenn, Humboldt, Kern, Madera, 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 Consumer Products.” 

Staff is proposing to expand Type “A” areas to include those regions identified in 

Figure ES-1. As proposed, areas identified by 43 ZIP codes would be added into Type 

“A” areas. The AWWF definition would also be reorganized to include all terms 

necessary to understand regulatory provisions. 

Stakeholders have indicated that describing existing 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 the areas that are in Type “A,” staff is 

proposing to list the ZIP codes of Placer County included in Type “A” areas. 

Section 94509(b)(3) allows concentrated AWWF products to include dilution instructions 

for both Type “A” and Nontype “A” areas. Within this section, staff is proposing that the 

dilution instructions may advise the consumer to follow the dilution instructions for Type 

“A” areas if traveling during times when freezing temperatures are expected. 

We also note that areas proposed for addition to Type “A” are those areas with the most 

severe winter temperatures that are not currently in Type “A.” Clearly, there are 

additional areas of the State that occasionally experience freezing temperatures during 

the winter months. For residents in these areas, when freezing temperatures do occur, 

dilutable products are available for use. Our proposal 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, higher VOC content AWWF products into the 

expanded Type “A” areas. Likewise manufacturers are not required to modify dilutable 

product labels. However, staff believes most manufacturers, distributors, and retailers 

will accommodate the amendments as a service to their customers. All other regulatory 

provisions for AWWF products would be unchanged. 

Economic Impacts: The proposed amendments should have no discernible cost 

impact on California businesses. This is because businesses 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 VOC limit for Type “A” areas. This 

same formulation would be compliant in the areas proposed 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 redesigning 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 comparable to the existing situation. 

We estimate the cost for labeling modifications, should the manufacturer choose to 

include the clarifying language, to be about $165 per manufacturer. 

Likewise, we do not expect retailers in the expanded Type “A” areas to experience costs 

associated with the proposed amendments. The AWWF products these businesses 

currently offer for sale would continue to be compliant. 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 retailers may choose, but are not required, 

to sell higher VOC content AWWF in the expanded Type “A” area and/or modify product 

labels, we also do not expect the proposed amendments to impact California jobs; 

business expansion, elimination or creation; or the ability of California businesses to 

compete with businesses in other states. 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. 

We have also determined that the proposed amendments will not create costs or 

savings to 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, or other 

nondiscretionary savings to local agencies.

Environmental Impacts: Based on ARB staff’s review, implementation of the 

proposed amendments will neither benefit nor result in significant adverse impacts on 

the environment. 

However, these proposed amendments, taken alone, are 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 increase, new or lower VOC limits for 

various categories of consumer products are scheduled to become effective concurrent 

with these amendments. In a 2010 rulemaking, the Board approved, and subsequently 

adopted, limits resulting in a 6.7 ton per day statewide 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 product VOC emissions will be 

declining. 

Environmental Justice: We do not expect any communities, especially those with lowincome and minority populations, regardless of location, to be disproportionally 

impacted by adoption of the proposed amendments. The goal of the proposed 

amendments is to alleviate potential hazardous driving 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 the proposed expanded Type “A” areas 
Executive 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 particular area, but rather would be 

widely distributed across the entire area. 

Recommendation: 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 products. Adoption of the amendments 

would expand Type “A” areas and clarify other regulatory provisions pertaining to these 

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 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 Consumer 

Products Pertaining to Automotive Windshield Washer Fluid 

Technical Support Document 
Intentionally Blank Page 
Technical 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 Windshield Washer Fluid (AWWF) 

products contained in the Regulation for Reducing Emissions 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 products 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 characterize 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 higher VOC AWWF products in a 

ready-to-use (premixed) form. The amendments would also clarify and improve existing 

regulatory provisions, and allow additional clarifying language to be included on labels 

for products that are diluted prior to use. The regulation is codified in title 17, California 

Code of Regulations, sections 94507-94517. The proposed 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 technical 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 Products Regulation pertaining to 

Automotive Windshield Washer Fluid Products. The proposed 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 program; 

• 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 with 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 authority to regulate consumer products 

to control VOC emissions and greenhouse gas (GHG) emissions. 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 change mitigation strategy. 

Consumer products are defined as chemically formulated products used by household 

and institutional consumers. Examples include detergents, cleaning products, floor 

finishes, personal care products, lawn and garden products, 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 actions to fulfill the legislative 

mandates pertaining to the regulation of consumer products. Three regulations have 

set VOC limits for 129 consumer product categories. Two voluntary regulations, the 

Alternative Control Plan and the Hairspray Credit Program, have been adopted to 

provide compliance flexibility to companies. These five consumer product regulations 

are codified in title 17, California Code of Regulations, sections 94500 to 94575. 

The three regulations that set VOC limits for consumer products, when fully effective, 

will result in reducing VOC emissions by about 50 percent 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 million 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 particulate 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 submitted 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 items which are included in the California 

SIP. 

Because they are ozone precursors, reducing VOC emissions has been necessary to 

work toward attainment of the ambient air quality standards for ozone. In 1988, with the 
Technical Support Document Chapter I-3 

passing of the California Clean Air Act, the importance 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 2007 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 target to achieve an additional statewide 

VOC reduction of 30 to 40 tons per day from consumer products by January 1, 2014. 

As of this writing, limits reducing VOC emissions by 26 tons per day have been adopted 

to progress toward this target. 

With respect to the ozone standard, the United States Environmental Protection Agency 

(U.S. EPA) set a standard of 0.075 ppm in 2008. This standard was under 

reconsideration, but ultimately, in September 2011, the U.S. EPA announced its 

decision to proceed with implementation of the ozone standard of 0.075 ppm. On 

April 30, 2012, the U.S. EPA issued a final rule that 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 ozone standard and will address SIP 

deadlines and other implementation issues. We expect to submit new SIPs for the 

0.075 ppm ozone standard in 2015. 

Up-to-date information on SIP activities can be found 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 national consumer product 

regulation, the “National Volatile Organic Compound Emission Standards for Consumer 

Products” (40 CFR Part 59, Subpart C, Sections 59.201 et seq.). This action set 

national VOC emission standards for various categories 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 consumer products regulations; 

however, the national regulation does not preclude states from adopting more stringent 

regulations. 

The U.S. EPA has also promulgated a national regulation for aerosol coatings (spray 

paints) based on ARB’s Aerosol Coatings Regulation. This is a reactivity-based 

regulation. The national aerosol coatings regulation was promulgated on 

March 24, 2008. The compliance date was July 1, 2009 (U.S. EPA, 2008). 

The national consumer products regulation is less effective than the California 

Consumer Products Regulation in reducing VOC emissions 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 more stringent than the national limits. 
Technical Support Document Chapter I-4 

Such is the case for the AWWF category; the national 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 maximum 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 date, the California Consumer 

Products Regulation includes prohibitions on the use of certain TACs in 80 categories, 

resulting in a reduction of toxic compound emissions of over 13 tons per day. 

As of the date of this staff report, there are no national consumer products regulations 

related to reducing GHG emissions. 

C. Public Process for Development of Amendments 

In order to involve the public, the consumer products staff held a public workshop on 

July 10, 2012, to discuss the proposed amendments for 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 identify 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, distributors, and retailers of AWWF products. 

No suggested alternatives to the amendments were raised 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 is used to provide subscribers 

pertinent information about the consumer products program. 

D. Automotive Windshield Washer Fluid Regulatory History 

This section provides a summary of existing regulatory provisions pertaining to AWWF 

products sold in California. These requirements are set forth in the Consumer Products 

Regulation, title 17, California Code of Regulations, sections 94507-94517. 

1. Product Description 

AWWF products are liquids designed or labeled for use in motor vehicle windshield 

washer fluid systems to provide anti-freeze protection 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 which is placed in the windshield washer 

reservoir of new motor vehicles at the time the vehicle is manufactured is not subject to 

the requirements for AWWF products. AWWF products do not include Windshield 

Water Repellant products; these products are regulated separately. 

AWWF products are sold as both ready-to-use (premixed) products and concentrated 

(dilutable) products. The premixed products make up the vast majority of the market. 

Premixed products are intended to be poured directly 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 products 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 glycol ethers, and surfactants. The 

alcohols are typically used to provide the anti-freeze protection while not leaving a 

greasy film on the windshield. The glycol ethers and surfactants provide the cleaning 

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

2. Regulatory History 

AWWF products were first regulated as part of “Phase I” of the Consumer Products 

Regulation in 1990. At that time, it was acknowledged that products with higher VOC 

content were necessary in some areas of the State because these areas routinely 

experience freezing temperatures, i.e. less than 32 degrees Fahrenheit. Thus, to 

achieve the maximum feasible VOC reduction, the State 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 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, as 

defined in title 17, California Code of Regulations, sections 60105, 60108, 60111, and 

60113. Figure I-1, shows the existing Type “A” areas in gray. The rest of the State was 

designated as “All other areas.” 

In the Phase I rulemaking, a VOC limit of 35 percent by weight was set for Type “A” 

areas, while a 10 percent by weight VOC limit was set for “All other areas.” These limits 

became effective on January 1, 1993. 

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

i.e., “All other areas” was lowered to 1 percent by weight VOC effective 

December 31, 2002. In 2006, the Board approved and subsequently adopted a 

25 percent by weight VOC limit for Type “A” areas effective 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 

 Trinity 
Technical 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 for “All other areas.” 

Other amendments have established package size requirements 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 defined 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 reader is referred to the following 

rulemaking documents: 

• “Proposed Regulation to Reduce Volatile Organic Compound Emissions from 

Consumer Products - Technical Support Document.” August, 1990. (ARB, 1990) 

• “Initial Statement of Reasons for Proposed Amendments to the California Consumer 

Products Regulation: Midterm Measures II.” September 10, 1999. (ARB, 1999) 

• “Initial Statement of Reasons for the Proposed Amendments to the California 

Aerosol Coating Products, Antiperspirants and Deodorants, and Consumer Products 

Regulations, Test Method 310, and Airborne Toxic Control Measure for paraDichlorobenzene Solid Air Fresheners and Toilet/Urinal Care Products.” 

May 7, 2004. (ARB, 2004b) 

• “Initial Statement of Reasons for Proposed Amendments to the California Consumer 

Products Regulation and the Aerosol Coatings Regulation.” September 29, 2006. 

(ARB, 2006) 

• “Initial Statement of Reasons for Proposed Amendments to the California Consumer 

Products Regulation.” August 7, 2009. (ARB, 2009)

 
Technical Support Document Intentionally Blank Page 
Technical Support Document Chapter II-8 

II. Description of Public Problem, Proposed Solution to the 

Public Problem, and Rationale Supporting the Proposed 

Solution 

In this chapter we describe issues that have come to light with the regulation of 

Automotive Windshield Washer Fluid (AWWF) products, the analysis to determine how 

best to resolve the issues, and the resulting proposed solutions. We also describe, in 

plain language, the amendments proposed to implement the solutions, along with a 

rationale for each amendment proposed. 

A. Description of Public Problem 

As described in Chapter I, the intent of our regulations has always been to allow readyto-use premixed AWWF products with a higher volatile organic compound (VOC) 

content to be sold in areas that routinely experience freezing temperatures. In these 

areas, termed Type "A" areas, ready-to-use AWWF products may be sold with a VOC 

content of up to 25 percent by weight to prevent the fluid from freezing. 

Areas outside of Type “A” are termed “All other areas.” In these areas of the State 

premixed ready-to-use AWWF must contain no more than 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 experience 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 consumers 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 throughout the State year-round. In 

practice these products should be diluted by consumers to concentrations appropriate 

for driving conditions. For example, when traveling to an area with sub-freezing 

temperatures, from areas where premixed AWWF is sold 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 proper anti-freeze protection. The 

statewide availability of these products is designed to alleviate situations where the use 

of lower VOC AWWF would freeze during winter. However, we have learned from 

stakeholders that the dilution instructions are unclear as to whether the end user may 

dilute the product to a concentration appropriate for driving conditions, whether they 

reside in Type “A” areas or not. Consumers have also 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” area 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 premixed AWWF products can be sold. 

B. Proposed Solutions 

To address the problem of areas routinely experiencing freezing winter temperatures, 

but being outside of areas designated Type “A,” staff is proposing to identify, and if 

appropriate, propose that these areas be included in 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 instructions on concentrated products, 

allowing language on dilutable products to explicitly advise the consumer to dilute to a 

concentration appropriate for the driving conditions 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 areas 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 Freezing 

Temperatures During the Winter Months 

To identify areas of the State that should be included in Type “A,” staff used 

temperature data for the months of December to March for the period of 1970 to 2000. 

Using this data set staff was able to identify regions of the State where the overall 

average of the minimum temperature between the months 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 are either described by entire air basins 

or by entire counties. In evaluating the additional regions with freezing temperatures, it 

is clear that many of them are located in areas that 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 substantially erode the emission reduction 

benefits achieved from regulating the VOC content of AWWF products. Therefore, staff 
Technical 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” where 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 

 Trinity 
Technical Support Document Chapter II-11 

To define the additional areas staff evaluated using census tracts and ZIP codes. Using 

GIS staff mapped census tracts and ZIP codes over the identified freezing regions. 

Both approaches matched the freezing temperature regions 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 practical way for manufacturers, 

distributors, and retailers to manage the distribution 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) that are consistent with the identified 

freezing regions. Forty-three ZIP codes identify these 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 limits for AWWF were established 

based on where the products are sold. This was done 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 existing Type “A” areas. 

Two solutions are proposed to clarify areas currently included in Type “A:” 1) list 

counties that fall within the air basins; and 2) use 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 distinction for all Type “A” areas except 

for Placer County. Not all of Placer County is currently defined as Type “A.” Therefore, 

a further discussion related to Type “A” areas of Placer 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, Mariposa, 

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 basin 

 
Technical Support Document Chapter II-12 

Figure II-2. ZIP Codes Used to Describe Proposed Newly 

Identified Type “A” Areas 
Technical Support Document Chapter II-13 

Placer County is divided among three air basins: Sacramento Valley, the Mountain 

Counties, and Lake Tahoe. All portions of Placer County in the Lake Tahoe Air Basin 

are in Type “A.” No parts of Placer County that are 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 Counties 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 clearly defined by conventional maps. 

Figure II-3 shows the line that forms the border between 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 including the city of Auburn. ZIP 

code 95631 describes Foresthill. ZIP code 95722 identifies the community of Meadow 

Vista. Staff further evaluated whether the entirety of these four ZIP codes should be 

added to Type “A.” 

As was done to identify additional areas to consider adding to Type “A,” staff reviewed 

average monthly minimum temperature data for the months December through March. 

This review indicates that areas west of Range 9 east 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 and Meridian in 

Placer County: the Boundary for Existing Type “A” 

Areas
Technical Support Document Chapter II-14 

Auburn. The entirety of the city of Auburn is beyond 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 Vista. This means that some 

businesses in this community are able to sell higher VOC content AWWF while other 

areas of this same community are not. To provide consistency 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 lines in Figure II-3. 

The areas of ZIP Codes 95602, 95603, and 95631 which 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 supported by our freezing 

temperature data. Because no cities are impacted by this boundary there should be no 

confusion as to which AWWF products could be offered 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 codes 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 95722. 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 to evaluate the emissions impact that 

could occur if additional areas of the State were to 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 capita 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 determine emissions if all product sold was 

either 1 or 25 percent by weight VOC. The difference is the potential VOC emissions 

increase. 

Staff estimates that the statewide VOC emissions increase would be about 0.12 tons 

per day (tpd). This analysis assumes that all product used was premixed AWWF. In 
Technical Support Document Chapter II-15 

reality, in these areas there is some use of dilutable 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 emissions 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 detailed description of this analysis is 

included as Appendix B to this report. 

Table II-2 

Estimated Emissions Increases in Affected Air Basins 

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 Lake County Air Basin 

5. Summary of the Proposed Solutions 

To resolve issues associated with regulatory provisions 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 with higher VOC content to be sold 

which, in turn, should alleviate potential hazardous driving conditions that could result 

from use of a lower VOC content AWWF. Staff is also proposing to better define 

existing Type “A” areas. A third proposal would allow 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 areas with the most severe winter 

temperatures that are not currently in Type “A.” Clearly, there are additional areas of 

the State that occasionally experience freezing temperatures during the winter months. 

For residents in these areas, when freezing temperatures 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 provisions for AWWF products. The rationale 

supporting the amendments is also explained. 
Technical Support Document Chapter II-16 

This section is intended to satisfy the requirements of Government Code Section 

11343.2, which requires that a noncontrolling “plain English” summary of the regulation 

be made available to the public. The proposed amendments to the Consumer Products 

Regulation are set forth in Appendix A to this report. 

1. Proposed Amendments 

Amendments are being proposed to section 94508, “Definitions,” and section 94509, 

“Standards for Consumer Products,” of the Regulation for Reducing Emissions from 

Consumer Products. The regulation is codified in title 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 definitions for Automotive Windshield 

Washer Fluid (dilutable) and Automotive Windshield Washer Fluid (premixed). In 

addition, rather than providing a definition in section 94508, the current regulation 

includes a description of Type “A” areas in the Table of Standards, section 94509(a). 

Specifically, Type “A” areas are described as Del Norte, Shasta and Trinity Counties; 

the Great Basin Valley, Lake Tahoe, Mountain Counties, and Northeast Plateau Air 

Basins, as defined in title 17, California Code of Regulations, sections 60105, 60108, 

60111, and 60113. Staff is proposing to consolidate 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 to 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 definitions 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 clarify the areas of the State that are 

currently included in Type “A.” Specifically, we are proposing to include the names of 

the counties that comprise the air basins in existing 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 clarify 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, Mariposa, 

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 County 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 Placer County included in Type “A.” 

As described in section B.3 of this chapter, several ZIP codes span the boundary for 

Type “A” areas in Placer County. Because the boundary 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. The 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 95631 that lie to the east of Range 9 east, Mount 

 Diablo Baseline and Meridian. 

We are also proposing to add additional areas to the Type “A” definition. As described 

earlier in this chapter, we have identified additional areas that routinely experience 

freezing temperatures during the winter. As proposed, the areas to be added would be 
Technical Support Document Chapter II-18 

listed by ZIP codes and the county where the ZIP codes are located. County names are 

provided as a point of reference only. All portions 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 shown Table II-5. 

Table II-5 

Areas Proposed for Addition to Type “A” Areas Identified by ZIP Code and 

County*

County* ZIP

Code County* ZIPCode County* ZIPCode 

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. All identified ZIP codes (regardless of the county listed) are 

 proposed for addition to Type “A” areas. 

The proposal is designed to minimize the emission increases 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 content 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) AWWF 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 Products 

(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 proposed 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 term 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 Standards. 

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

Subsection 94509(b)(3)(B) currently specifies labeling 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” with the newly defined term Nontype 

“A” area. However, use of the term “All other areas” for products that provide dilution 

instructions for these areas would continue to be in 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 new subpart (C). Subpart (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 when freezing temperatures are expected. This language would allow the 

consumer to prepare for winter driving conditions prior to experiencing freezing 

temperatures. 

We also note that areas proposed for addition to Type “A” are those areas with the most 

severe winter temperatures that are not currently in Type “A.” Clearly, there are 

additional areas of the State that occasionally experience freezing temperatures during 

the winter months. For residents in these areas, when freezing temperatures do occur, 

dilutable products are available for use. Our proposal 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 proposal is 

designed to allow sale of higher VOC AWWF into additional areas of the State as soon 

as possible to alleviate potential hazardous driving 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, 2008, 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 currently sold in these areas would 

continue to be in compliance because their VOC content 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 whether to offer for sale the higher VOC 

ready-to-use (premixed) AWWF products into the expanded area. 

Likewise, the proposed labeling language would not require the dilution language on 

dilutable product labels to be changed. It would also be a business decision as to 

whether to make label modifications to advise the consumer to dilute concentrated 

products as specified for Type “A” areas if traveling 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 Page
Technical Support Document Chapter III-21 

III. Summary of Recommended Action and Alternatives to the 

Proposed Regulation 

This chapter contains staff’s recommendation to adopt the proposed amendments. It 

also sets forth two alternatives to the proposal that 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 regulatory 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 94508 and 94509 of title 17, 

California Code of Regulations. A description of the 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 consider and evaluate reasonable 

alternatives to the proposed amendments and provide reasons for rejecting those 

alternatives. Staff has evaluated potential alternatives to the proposal including “taking 

no action,” and using a different approach to describe 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 would be as effective or less 

burdensome to affected private parties than the proposed 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 experience 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 content. 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 product freeze in the reservoir or 
Technical Support Document Chapter III-22 

freeze when applied to the windshield. While concentrated products are available 

statewide that should alleviate this situation, dilution instructions direct the end user in 

Nontype “A” areas to dilute the product to a concentration 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 not currently considered Type “A,” 

without suitable AWWF products to provide the necessary anti-freeze protection. 

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

Current Type “A” areas are identified by either county 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 identified freezing region. Our analysis 

indicates that including the entire county would expand 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 staff’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 to 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 day. 

Staff has tried to balance the need to have easily understood Type “A” area boundaries 

while minimizing emission increases. Staff believes using ZIP codes to describe as 

Type “A” only those areas of a county in the identified freezing regions is the better 

approach to minimize emission increases. This is important 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, staff 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 proposed amendments to the Regulation 

for Reducing Emissions from Consumer Products would not result in any potentially 

significant adverse environmental impacts on the environment. 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 program certified by the Secretary of 

the Natural Resources Agency (14 CCR 15251(d); 17 CCR 60005-60007). In 

accordance with Public Resources Code (PRC) section 21080.5 of the California 

Environmental Quality Act (CEQA), public agencies with 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 potential for significant adverse 

and beneficial environmental impacts associated with the proposed regulation and a 

succinct analysis of those impacts. This environmental analysis is part of this Staff 

Report: Initial Statement of Reasons (ISOR) prepared for the rulemaking. The 

resource areas from the CEQA Guidelines Environmental Checklist were used as a 

framework for assessing the potential for significant impacts. 

When ARB adopts a rule or regulation requiring the installation of pollution control 

equipment, or a performance standard or treatment requirement, CEQA requires ARB 

to conduct “an environmental analysis of the reasonably foreseeable methods of 

compliance by which that rule or regulation will be achieved” (PRC section 21159). This 

analysis describes the reasonably foreseeable methods of compliance with these 

amendments and the potential for adverse environmental impacts associated with those 

actions. 

If comments received during the public review period raise significant environmental 

issues, staff will summarize and respond to the comments in writing. The written 

responses will be included in the Final Statement of Reasons (FSOR) for the regulation. 

Before taking final action on any proposed action for which significant environmental 

issues have been raised, the decision maker shall approve the written responses to 

these issues. If the regulation is adopted, a Notice 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 amendments to the provisions for Automotive 

Windshield Washer Fluid (AWWF) products. As described in Chapter I, AWWF 

products are regulated based on the area of the State where they are to be sold. The 

term Type “A” area is used to describe regions of the 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 up to 25 percent by weight to 

prevent the fluid from freezing. 

The amendments are designed to redefine Type “A” areas because the current 

description does not include some areas of the State that routinely experience freezing 

temperatures in the winter. The areas proposed for addition are mountainous areas of 

the following counties: Butte, Fresno, Glenn, Humboldt, Kern, Madera, Riverside, San 

Bernardino, San Diego, San Luis Obispo, Santa Barbara, Tehama, Tulare, and Ventura. 

The proposed amendments would also define additional areas of Placer County as 

Type “A.” 

In addition the proposed amendments would allow additional clarifying language to be 

included on labels for products that are diluted prior to use. As proposed, Responsible 

Parties may include, along with the currently required 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 to allow, but not require, premixed 

(ready-to-use) products with a VOC content of 25 percent by weight to be offered for 

sale in additional areas of the State that experience freezing temperatures during the 

winter months. Proposed labeling provisions for dilutable products are designed to 

clarify that the end user may dilute the product appropriately for winter driving conditions 

whether they reside in Type “A” areas or not. These proposals would make it less likely 

that consumers would encounter hazardous driving conditions because the AWWF 

product freezes in the reservoir or when sprayed onto 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 AWWF products with higher VOC content 

into these areas. There would not be a need for reformulation because ready-to-use 

(premixed) AWWF products that comply with the December 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 to 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 required, 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 amendments 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 example, may choose to modify their 

distribution systems to supply higher VOC content AWWF products into the expanded 

Type “A” areas which may potentially involve revising their computer databases. 

Additionally, businesses and retailers that had been 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 product. 

C. Environmental Impacts 

1. Beneficial Impacts 

Staff did not identify any beneficial environmental impacts directly associated with this 

proposal. However, consumers should benefit from the proposed amendments by 

having access to a higher VOC content AWWF product in areas where freezing 

temperatures are common. Language on dilutable product labels would also benefit the 

consumer by clarifying that they can mix the concentrated products to the Type “A” 

dilution, regardless of their location when freezing temperatures are expected. These 

proposals are designed to alleviate potential hazardous driving conditions that may 

result from use of the 1 percent by weight VOC content AWWF. 

2. Resource Areas with No Impacts 

Staff has evaluated the proposed amendments to determine whether implementation of 

the proposed amendments to the Consumer Products Regulation would have the 

potential to adversely impact the environment. 

Based on staff’s review, it has been determined that the proposed amendments would 

not have a significant adverse impact on the environment. The rationale for making this 

determination is further explained below. 

AWWF products are currently sold throughout California. 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 sold 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 manner. 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 that the emissions could increase by 

as much as 0.12 tons per day statewide. This estimate assumes that all AWWF used in 

the newly identified Type “A” areas is the 1 percent by weight premixed AWWF, and 

that all of this product will be replaced by premixed AWWF with 25 percent by weight 

VOC content. In reality, dilutable concentrated products 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 expected to result in a small VOC 

emissions increase. However, new or lower VOC limits for various categories of 

consumer products are scheduled to become effective concurrent with these 

amendments. In a 2010 rulemaking the Board approved, 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 consumer products. While there is a 

slight erosion of emission reduction benefit from these proposed amendments, the 

reductions from the 2010 rulemaking and the future rulemaking will more than offset this 

small emissions increase. Taken together then, we do not expect a significant adverse 

impact on air quality because overall consumer product VOC emissions will be less. 

Climate change or global warming is the process whereby emissions of anthropogenic 

pollutants, together with other naturally occurring gases, absorb infrared radiation in the 

atmosphere, leading to increases in the overall average global temperature. Gases in 

the atmosphere can contribute to the greenhouse effect both directly and indirectly. 

Direct effects occur when the gas itself is a greenhouse 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, both of which are GHGs. 

The small VOC emissions increase that would occur from these amendments is not 

expected to have an adverse impact on climate change because the compounds used 

in AWWF products are not potent ozone formers. Additionally, this rulemaking, together 

with the VOC reductions occurring from the previously 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 currently has a strong regulatory system 

to manage hazardous materials and hazardous waste—from 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 sold (by State or federal 

regulations) in order to warn the end user of its potential hazards and safe handling. 

The AWWF products will not change as a result of these 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 products are formulated with water, 

short chain alcohols (such as methyl, ethyl, or propyl), smaller amounts of glycol ethers, 

and surfactants. The alcohols are typically used to provide the anti-freeze protection 

without leaving a greasy film on the windshield, while 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 the 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 instructions must be properly followed 

and warnings heeded in order to eliminate any adverse exposure to this product. 

Staff does not expect any impacts on traffic and transportation systems because AWWF 

products are already distributed statewide. The weight, size, and amounts of AWWF 

products to be offered for sale and distribution will be similar to the existing situation, 

and there would be no changes to the current traffic routes and frequencies; therefore, 

there would not be any additional emissions associated with traffic or in the 

transportation of AWWF products. 

Staff has concluded that the proposed amendments would not have a significant 

adverse impact on the following resource areas: aesthetics; 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 that could affect these resources, either 

directly or indirectly. 

No discussion of alternatives or mitigation measures is necessary because no 

significant adverse environmental impacts were identified for these resource areas. 
Intentionally Blank Page 
Technical Support Document Chapter V-28 

V. Environmental Justice 

The ARB has made the achievement of environmental justice an integral part of its 

activities. State law defines environmental justice as the fair treatment of people of all 

races, cultures, and incomes with respect to the development, adoption, 

implementation, and enforcement of environmental laws, regulations, and policies. 

The Board approved Environmental Justice Policies and Actions (Policies) on 

December 13, 2001. These Policies establish a framework for incorporating 

environmental justice into the ARB's programs consistent with the directives of State 

law. The Policies apply to all communities in California, 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 policies. The goal of the proposed 

amendments is to alleviate potential hazardous driving 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 products 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 access to the higher VOC AWWF, 

and these products are comparably priced to the lower VOC content AWWF. The 

proposed amendments would potentially result in a slight increase in VOC emissions in 

the expanded Type “A” areas. Because of how AWWF products are used, however, 

this increase would not be concentrated in any particular area, but rather would be 

widely distributed across the entire area. For these reasons, we do not expect any 

communities, especially those with low-income and minority populations, regardless of 

location, to be disproportionally impacted by adoption of the proposed amendments. 
Intentionally Blank Page 
Technical 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 amendments. This economic impacts 

analysis was conducted in accordance with the current legal requirements under the 

Administrative Procedure Act (APA). 

The proposed amendments are designed to redefine Type “A” areas because the 

current description does not include some areas that routinely experience freezing 

temperatures in the winter. The effect of including these areas in Type “A” would be to 

allow, but not require, the sale of premixed Automotive Windshield Washer Fluid 

(AWWF) products with a volatile organic compound (VOC) content of up to 25 percent 

by weight rather than, or in addition to, the current 1 percent by weight products. 

In addition the proposed amendments would allow Responsible Parties to include 

language on dilutable product labels to advise consumers how the product should be 

diluted when they expect to travel to areas that are experiencing freezing temperatures. 

Proposed amendments would also clarify existing Type “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. Likewise proposed labeling language would 

not require the dilution language on dilutable product 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 products. 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 negligible. Should manufacturers opt to 

modify product labels, costs are estimated to be about $165 per manufacturer. While 

the proposed amendments do not require a specific action, we expect most 

manufacturers, distributors, and retailers to accommodate the proposals if it would be 

profitable to do so or as a service to their customers. 

B. Impacts on California Businesses, Consumers, and State and 

 Local Agencies 

Section 11346.3 of the Government Code requires State agencies to assess the 

potential for adverse economic impacts on California business enterprises and 

individuals when proposing to adopt or amend any administrative regulation. The 

assessment must include a consideration of the impact of the proposed regulation on 

California jobs; business expansion, elimination or creation; and the ability of California 

businesses to compete with businesses in other states. 
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 Type “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 would be compliant in the areas 

proposed 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 

redesigning distribution systems. However, transportation costs are expected to remain 

stable because the weight, size, and amounts of AWWF 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, it 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 for revising product labels of 

concentrated AWWF are also expected to be negligible. However, if manufacturers 

choose to modify the labels, we estimate the cost to be about $165 per manufacturer or 

a total one-time cost of about $4,000 ($165 x 24 businesses = $3,960). 

Likewise, we do not expect retailers in the expanded Type “A” areas to experience costs 

associated with the proposed amendments. AWWF products 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 these businesses currently offer 

for sale would continue to be compliant so we believe there would be no costs 

associated with product recall or sell-through provisions. 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 offer for sale the higher VOC products. 

2. Potential Impacts on Business Creation, Elimination, or Expansion 

The amendments would add areas of California into Type “A.” This could result in 

different AWWF products being offered for sale in these areas, but should not cause 

any noticeable increase or decrease in sales of AWWF 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. Because the proposed amendments would 

have no noticeable cost impact, the staff’s proposal 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 any change in California 

employment and payroll. The proposed amendments would only change the types of 

products that may be sold in small areas of the State. 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 potentially benefit by having access 

to ready-to-use, freeze resistant AWWF products. These 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 products would help provide clarity for 

consumers regarding the use of these products in freezing conditions. 

6. Potential Impacts to California State or Local Agencies 

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 nondiscretionary cost or savings to local 

agencies and the cost or savings in federal funding to the State. 

We have determined that the proposed amendments will not create costs or savings, as 

defined in Government Code section 11346.5(a)(6), to 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 (commencing with section 17500), 

Division 4, title 2 of the Government Code, or other nondiscretionary savings to local 

agencies.

C. Mitigation of Potential Impacts 

If adopted by the Board, the proposed amendments would be incorporated into 

sections 95408 and 94509 of the Consumer Products Regulation (title 17, California 

Code of Regulations, sections 94507-94517). We do not expect there to be any 

noticeable economic impacts associated with complying with the proposed 

amendments. Therefore, no mitigation strategies are necessary. We believe 

manufacturers, distributors, and/or retailers will make business decisions as to how to 

respond to the proposed amendments, with the goal of maintaining or improving 

profitability. 
 Intentionally Blank Page 
Technical Support Document Chapter VII-32 

VII. Summary and Rationale for the Proposed Amendments 

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 Consumer Products.” Any sections of 

the regulation without proposed changes are not included here. 

A. Summary of Section 94508, Definitions 

Section 94508 of the regulation defines all key terms used in the regulation that may not 

be in common use or which may potentially be ambiguous 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 pertaining 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” area would be any area that is not 

defined as a Type “A” area. Additional geographical 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. Existing Type “A” areas would also be 

clarified. 

Rationale for Section 94508(a) Proposed Amendments 

Type “A” areas were previously described in the Table of Standards. Inclusion of 

additional regions as well as redefining these areas would cause the Table of Standards 

to be unnecessarily lengthy. We believe that substituting the term Nontype “A” area for 

the previously undefined term “All other areas” will 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 freezing 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 emission 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 listed) 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 requirements for consumer products, such as 

specific prohibitions on use of toxic compounds, product 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 94508(a). 

Rationale for Section 94509(a) Proposed Amendments 

We are providing a definition for Type “A” areas within 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 of Standards. 

Summary of Section 94509(b)(3)(B) Proposed Amendments 

Subsection 94509(b)(3)(B) would be modified to replace the term “All other areas” with 

the term Nontype “A” area. 

Rationale for Section 94509(b)(3)(B) Proposed Amendments 

Replacement of the term “All other areas” with the proposed term Nontype “A” area will 

allow for clarity and consistency of terminology within the regulation. However, dilutable 

product labels that continue to provide dilution instructions for Nontype “A” areas using 

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

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

Summary of Section 94509(b)(3)(C) Proposed Amendments 

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 freezing temperatures are expected. 

Rationale for Section 94509(b)(3)(C) Proposed Amendments 

The proposed language for dilutable products is designed to advise the consumer in 

Nontype “A” areas that if they plan to travel to areas during times when they may 

encounter freezing temperatures they should dilute the product to Type “A” 

specifications. This will help consumers better prepare for winter driving conditions. 
Technical Support Document Chapter VIII-34 

VIII. References 

1. Air Resources Board. Proposed Regulation to Reduce Volatile Organic Compound 

Emissions from Consumer Products - Technical Support Document. August, 1990. 

(ARB, 1990) 

2. Air Resources Board. Initial Statement of Reasons for Proposed Amendments to the 

California Consumer Products Regulation: Midterm Measures II. September 10, 

1999. (ARB, 1999) 

3. Air Resources Board. Initial Statement of Reasons for the Proposed Amendments to 

the California Aerosol Coating Products, Antiperspirants and Deodorants, and 

Consumer Products Regulations, Test Method 310, and Airborne Toxic Control 

Measure for para-Dichlorobenzene Solid Air Fresheners and Toilet/Urinal Care 

Products. May 7, 2004. (ARB, 2004b) 

4. Air Resources Board. Initial Statement of Reasons for Proposed Amendments to the 

California Consumer Products Regulation and the Aerosol Coatings Regulation. 

September 29, 2006. (ARB, 2006) 

5. Air Resources Board. Initial Statement of Reasons for Proposed Amendments to the 

California Consumer Products Regulation. August 7, 2009. (ARB, 2009) 

6. Air Resources Board. Initial Statement of Reasons for Proposed Amendments to the 

California Regulations for Reducing Emissions from Consumer Products and Test 

Method 310: Determination of Volatile Organic Compounds in Consumer Products 

and Reactive Organic Compounds in Aerosol Coating Products. 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; Direct Final Rule. (40 CFR 

Part 59). Federal Register: March 24, 2008. Volume 73, Number 57: 15470-15471. 

(U.S. EPA, 2008)