UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Notice of Proposed Rulemaking

for the

California State Implementation Plan

California Air Resources Board (CARB)

Regulation for Reducing Emissions From 

Consumer Products

California Code of Regulations 

Title 17, Division 3, Chapter 1

Subchapter 8.5 Consumer Products

Article 2 Consumer Products

Prepared by: Stanley Tong

July 2014
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RULE IDENTIFICATION -

Agency: California Air Resources Board (CARB)

Submitted Rules: California Code of Regulations Title 17, Division 3, Chapter 

1, Subchapter 8.5 - Consumer Products; 

Article 2 – Consumer Products

Hearing Amended1 Filed with Calif. 

Secretary of State

Submitted to EPA

September 24, 2009 August 6, 2010 September 20, 2010 May 28, 2014

(2nd tier – 3% VOC limit for 

Multi-purpose Solvent and 

Paint Thinner only)

Hearing Amended1 Filed with Calif. 

Secretary of State

Submitted to EPA

November 18, 2010 September 29, 2011 November 10, 2011 May 28, 2014

Hearing Amended1 Filed with Calif. 

Secretary of State

Submitted to EPA

October 18, 2012 March 15, 2013 April 25, 2013 May 28, 2014

SIP Approved Rule:

Hearing Amended1 Filed with Calif. 

Secretary of State

Submitted to EPA

September 24, 2009 August 6, 2010 September 20, 2010 January 28, 2011

(Did not include 2

nd tier 3% 

VOC limit for Multi-purpose 

Solvent and Paint Thinner)2

Approved into the SIP February 13, 2012 (77 FR 7535)

RULE BACKGROUND -

The California Health and Safety Code (Section 41712(b)) requires the California Air 

Resources Board (CARB) to adopt regulations to achieve the maximum feasible 

 

1 Date the Final Rulemaking Package was filed with the California Office of 

Administrative Law.

2 CARB’s January 28, 2011 SIP submittal states “This SIP submission does not include 

the second tier emission limits and the corresponding emission reduction for Multipurpose Solvent and Paint Thinner.”
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reduction in volatile organic compounds (VOC) emitted by consumer products if the 

state board determines that adequate data exist to establish both of the following:

(1) The regulations are necessary to attain state and federal ambient air quality 

standards.

(2) The regulations are commercially and technologically feasible and necessary.

CARB’s consumer products regulations are found under the California Code of 

Regulations Title 17, Division 3, Chapter 1, Subchapter 8.5 and include:

Article 1 – Antiperspirants and Deodorants

Article 2 – Consumer Products

Article 3 – Aerosol Coating Products

Article 4 – Alternative Control Plan

Article 5 – Hairspray Credit Program3

The current submittal involves amendments to Article 2, CARB's general Consumer 

Products regulation. Table 1 below lists CARB’s estimates of the statewide VOC 

reductions achieved by its amendments.

Table 1 Submitted Amendments and Emission Reductions

Board Hearing Date VOC reductions - tons per day (tpd) (statewide)

September 24, 2009 3.9 (2

nd tier 3% VOC limit for multi-purpose solvents and paint 

thinners; does not include reductions in South Coast Air Basin)

Reference: Table ES-2

http://www.arb.ca.gov/regact/2009/cpmthd310/cpmthdisor.pdf)

November 18, 2010 6.9 Reference: Updated Informative Digest pg 2

http://www.arb.ca.gov/regact/2010/cp2010/cpuid.pdf

October 18, 2012 -0.12 Reference: Updated Informative Digest pg 2

http://www.arb.ca.gov/regact/2012/cp2012/cpuid.pdf

RULE SUMMARY –

On May 28, 2014, CARB submitted amendments to its Consumer Products regulation 

for inclusion into the State Implementation Plan (SIP). These amendments were 

presented at CARB's September 24, 2009, November 18, 2010 and October 18, 2012 

Board Hearings and added or modified definitions, added new consumer product 

categories for regulation, and generally set lower VOC limits for existing consumer 

product categories.

 

3 CARB’s recent September 26, 2013 Board Hearing repealed the Hairspray Credit 

Program. The regulation was designed to sunset in 2010. See transcript page 37 

http://www.arb.ca.gov/board/mt/2013/mt092613.pdf and Hairspray Credit Program 

Regulation http://www.arb.ca.gov/consprod/regs/2012/6hcp50411.pdf. 
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CARB’s September 29, 2010 Initial Statement of Reasons (ISOR) states that despite 

reducing emissions by 225 tons per day, it estimates that in 2010 consumer product 

VOC emissions will represent approximately 245 tons per day, or about 12 percent of 

the overall statewide VOC inventory. CARB states this equates to approximately 18 and 

7 percent of the VOC emissions in the South Coast Air Quality Management District 

(SCAQMD) and San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD), 

respectively. CARB estimates that without further actions, consumer product emissions 

are expected to grow to approximately 270 tons per day in 2020, representing 14 

percent of statewide VOC emissions.4 The ISOR further states that: "Further reductions 

from consumer products are important because VOC emissions from consumer 

products are predicted to become the largest source of VOC emissions in the South 

Coast Air Basin, and the third largest source in the San Joaquin Valley Air Basin by 

2020."

5

Over the last twenty years CARB has adopted three regulations limiting emissions from 

consumer products. These regulations cover 127 product categories and when fully 

effective, will have resulted in reducing VOC emissions by approximately 225 tons per 

day or an overall 50 percent reduction in VOC emissions compared to 1990 levels.6

Although emissions from individual consumer products may seem small, collectively, 

they represent a significant source of emissions given that 39 million California 

residents use these products.

The following is a summary of the individual Board Hearing actions we are acting on.

September 24, 2009 Board Hearing (August 6, 2010 amendments)

On February 13, 2012 (77 FR 7535), EPA approved the majority of CARB’s August 6, 

2010 amendments to its Consumer Products Regulation. CARB added or modified 

several consumer product category definitions and established new or lowered existing 

VOC limits for three categories: 1) Double Phase Aerosol Air Fresheners, 2) Multipurpose Solvents and 3) Paint Thinners. CARB’s amendments also prohibited the use 

of methylene chloride, perchloroethylene, and trichloroethylene, and, until December 

31, 2015, prohibited manufacturers of flammable or extremely flammable products from 

using generic product names such as “Multi-purpose Solvent,” “Paint Thinner,” or “Paint 

Clean-up” unless a hang tag or sticker with the statement “Formulated to meet 

California VOC limits, see warnings on label;” or unless the product displays the name 

 

4 CARB Initial Statement of Reasons, September 29, 2010, Executive Summary-3.

http://www.arb.ca.gov/regact/2010/cp2010/cpisor.pdf.

5 CARB Initial Statement of Reasons, September 29, 2010, Chapter III-15.

http://www.arb.ca.gov/regact/2010/cp2010/cpisor.pdf.

6 CARB Initial Statement of Reasons, September 29, 2010, Executive Summary-2.

http://www.arb.ca.gov/regact/2010/cp2010/cpisor.pdf.
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of the chemical that results in the product meeting the criteria for flammable in a font 

size at least as large as all other words on the principle display panel.7

CARB’s January 28, 2011 submittal letter for the September 24, 2009 Board Hearing 

advised EPA that the more stringent second tier 3% VOC limits (effective December 31, 

2013) for Multi-purpose Solvents and Paint Thinners were not part of the 2011 

submittal. CARB’s intent was to monitor manufacturers’ progress to meet both the 

technology forcing lower VOC limits and a less flammable product.8 CARB’s rule also 

allows manufacturers until December 2013 to comply with the 3% limit. CARB received 

some comments pointing out that South Coast AQMD Rule 1143 Consumer Paint 

Thinners and Multi-purpose Solvents has a similar VOC limit (25 g/l) but required 

compliance by January 1, 2011. In responding to these comments, CARB’s Final 

Statement of Reasons for its 2009 Board Hearing states it did not change its 2013 

compliance date because it has not been demonstrated that low VOC products were 

available in commerce to adequately thin all types of coatings and that the additional 

time was also needed to develop less flammable and/or less costly product 

technologies that may also provide greater ozone reductions.9

In 2013, CARB determined the 3% VOC limits for Multi-purpose Solvents and Paint 

Thinners were technically feasible10 and on May 28, 2014 submitted those limits for SIP 

approval. These limits do not apply in the SCAQMD, since the SCAQMD adopted its 

regulation for these two categories before CARB adopted its limits. CARB’s regulation 

for Multi-purpose Solvents and Paint Thinners also impose a 1% by weight limit on the 

aromatic content. The 3% VOC limit is expected to achieve 3.9 tons per day reduction 

state-wide, not including SCAQMD.

November 18, 2010 Board Hearing (September 29, 2011 amendments) 

 

7 CARB Updated Informative Digest for September 24, 2009 Board Hearing 

http://www.arb.ca.gov/regact/2009/cpmthd310/cpuid.pdf.

8 CARB’s Board Resolution 09-51 directs the Executive Officer to “perform a technical 

assessment of manufacturers’ progress towards meeting the three percent VOC limits 

for Multi-purpose Solvents and Paint Thinners, commencing June 30, 2012.” and that 

the “...the Executive Officer shall delay submitting [to the U.S. EPA for inclusion in the 

SIP] the future three percent VOC limit for Multi-purpose Solvents and Paint Thinners 

until after the completion of the technical assessment, and staff’s determination of 

whether a reactivity-based approach to regulating these products would be more 

appropriate than a mass-based approach.” 

http://www.arb.ca.gov/regact/2009/cpmthd310/res0951.pdf.

9 Final Statement of Reasons for Rulemaking, September 24, 2009, Agenda Item No.: 

09-804, Response to comments D-6 through D-14, 

http://www.arb.ca.gov/regact/2009/cpmthd310/cpfsor.pdf.

10 http://www.arb.ca.gov/board/books/2013/092613/13-8-3pres.pdf.
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Of the three amendments contained in CARB’s May 28, 2014 submittal to EPA, the 

November 18, 2010 Board Hearing action involved the greatest number of changes. 

CARB estimates the product categories affected by its November 2010 action emit 

approximately 22 tons per day of VOC. CARB added and modified several definitions 

and established new or lower VOC limits for several categories. These amendments 

included:

1. Artist’s Solvent/Thinner – modified the definition to state the category only applied to 

products packaged in containers of 34 ounces or less. CARB’s staff report indicates 

this change was made because some Artist’s Solvents/Thinners are commonly 

packaged in one liter containers (~33.8 ounces) rather than quart containers (32 

ounces). CARB’s Initial Statement of Reasons states the proposed change will have 

negligible impacts on emissions because over time the same amount of thinner 

would be used.

2. Oven Cleaners 

a. The definition was expanded to include grill cleaning products. Newly 

covered grill cleaning products were required to comply with the VOC 

limits by December 31, 2012. 

b. The VOC limit for nonaerosol Oven or Grill Cleaners was increased from 1 

percent to 4 percent to accommodate the use of noncaustic technologies. 

CARB estimates the increase in the VOC limit will result in an additional 

0.1 ton per day, and will be offset by VOC reductions in other consumer 

product categories. 

3. Spot Remover – added spot remover products are used on “dry clean only” fabrics 

and used primarily at dry cleaning operations. The effective date to comply with the 

VOC limit for Spot Removers was extended from December 31, 2010 until 

December 31, 2012 to allow time to reformulate products. CARB estimates the 

additional compliance time will result in delaying reductions of approximately 0.25 

tons per day of VOC.

4. Methylene Chloride, Perchloroethylene, and Trichloroethylene – CARB extended the 

prohibition on using these compounds to the following additional consumer product 

categories to ensure these toxic air contaminants are not used when reformulating 

products to meet the new or lower VOC limits.

a. Anti-Seize Lubricant

b. Cutting or Tapping Oil

c. Gear, Chain, or Wire Lubricant

d. Metal Polish or Cleanser

e. Rust Preventative or Rust Control Lubricant

f. Silicone-based Multi-purpose Lubricant

5. Global Warming Potential Limit – CARB extended the prohibition on the use of 

compounds with a global warming potential value of 150 or greater to ensure such 
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compounds are not used when the following product categories are reformulated to 

meet new or lower VOC limits.

a. Anti-Seize Lubricant

b. Cutting or Tapping Oil

c. Flying Bug Insecticide

d. Furniture Maintenance Product

e. Gear, Chain, or Wire Lubricant

f. Metal Polish or Cleanser

g. Rust Preventative or Rust Control Lubricant

h. Spot Remover

i. Wasp or Hornet Insecticide

6. Alkylphenol Ethoxylate Surfactants – CARB’s November 2010 action also included a 

prohibition on the use of alkylphenol ethoxylate surfactants. CARB’s staff report11

indicates one reformulation pathway to meet its proposed VOC limits is to replace 

VOC solvents with surfactants. Under this scenario, alkylphenol ethoxylates would 

not be counted towards a product’s VOC limit since they meet the definition for a low 

vapor pressure VOC (LVP-VOC) compound. CARB’s consumer products regulation 

exempts LVP-VOC compounds from being counted towards a VOC limit.

CARB’s staff report further states that alkylphenol ethoxylates are used as wetting 

agents, emulsifiers, and dispersants in cleaning and degreasing products, and once 

introduced into a wastewater stream, do not readily degrade. CARB indicates 

scientific evidence implicates these compounds are toxic to aquatic species, are 

suspected hormone disruptors, and have been found in measurable concentrations 

in California’s receiving waters. CARB’s prohibition of alkylphenol ethoxylates in the 

following products is to ensure these compounds are not used to reformulate 

products to meet the proposed VOC limits.

a. General Purpose Cleaner (nonaerosol)

b. General Purpose Degreaser (nonaerosol)

c. Glass Cleaner (nonaerosol)

d. Heavy-duty Hand Cleaner or Soap (nonaerosol)

e. Oven or Grill Cleaners

7. Methylene Chloride, Perchloroethylene, and Trichloroethylene – CARB consolidated 

existing requirements that prohibit the use of these toxic air contaminates into a 

single table. This would make it easier to find the requirements for all consumer 

product categories where use of these compounds is prohibited. The amendment 

also consolidates the provisions that specify the sell-through dates and exemption

from the prohibition when these compounds are an impurity in a combined amount 

equal to or less than 0.01% by weight.

 

11 Initial Statement of Reasons, September 29, 2010, Chapter VI-50 

http://www.arb.ca.gov/regact/2010/cp2010/cpisor.pdf.
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8. Para-dichlorobenzene – CARB consolidated existing requirements that prohibit the 

use of the toxic air contaminant para-dichlorobenzene into a table. The amendment 

also consolidates the sell-through dates for this compound.

9. Global Warming Potential – CARB consolidated into a table, the existing consumer 

product categories that are prohibited from using compounds with GWP values of 

150 or greater. The table includes the effective and sell-through dates for the 

prohibition. The amendment also consolidates the stipulation that the requirements 

do not apply to chemical compounds that may be present as an impurity in a 

combined amount equal to or less than 0.1% by weight.

10.Most Restrictive Limit – CARB amended this provision to clarify when two defined 

categories exclude each other from their definitions, the product will be subject to the 

VOC limit for whichever category has the lower limit.

11.Method 310 – CARB incorporated additional test methods into Method 310 to be 

used to determine the aromatic content of Multi-purpose Solvents and Paint 

Thinners and the VOC content of Fabric Softener-Single Use Drying Product.

In summary, in addition to lowering the VOC limits for existing categories and 

establishing VOC limits for new categories, CARB’s November 18, 2010 action also 

raised the VOC limit for nonaerosol Oven or Grill Cleaner products (VOC limit was 

raised from 1% up to 4% resulting in about 0.1 ton per day VOC reduction shortfall), and 

delayed the effective date for some categories (Flying Bug Insecticide (aerosol) and 

Wasp or Hornet Insecticide (aerosol) and Spot Remover resulting in delayed reductions 

of 0.2 and 0.25 tons per day reduction respectively). CARB states the emission 

reduction shortfalls will be offset by emission reductions obtained from other 

categories.12 CARB estimates total emission reductions expected from the 2010 action 

to be 6.9 tpd when the limits are fully effective.

October 18, 2012 Board Hearing (March 15, 2013 amendments)

The October 18, 2012 hearing covers Automotive Windshield Washer Fluid (AWWF) 

products and expands the areas where higher VOC automobile windshield washer fluid 

could be sold to accommodate those areas that routinely experience freezing 

temperatures in the winter. CARB first regulated the VOC content of AWWF products in 

October 1990. At that time, it was acknowledged that areas which had freezing 

temperatures in the winter would be allowed to sell AWWF products with a higher VOC 

content. The initial limit for these areas was 35% VOC, and 10% VOC for other areas 

which did not routinely experience freezing wintertime temperatures. The 10% VOC limit 

was subsequently reduced to 1% VOC effective December 2002. The 35% VOC limit 

 

12 CARB Resolution 10-40 http://www.arb.ca.gov/regact/2010/cp2010/res1040.pdf.
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was subsequently reduced to 25%, effective December 2008. CARB estimates that 

AWWF product emissions have been reduced by over 25 tons per day.13

The October 18, 2012 Board Hearing expands the areas where the 25% VOC limit 

applies because CARB determined that the existing description did not include some

mountainous areas that routinely experience freezing winter temperatures. CARB staff 

reviewed data for the months of December to March for 1970 to 2000 to identify areas 

in California where the overall average temperature was below 32 degrees.14 The 2012 

amendments allow the following areas to sell 25% VOC AWWF products: the 

mountainous areas of Butte, Fresno, Glenn, Humboldt, Kern, Madera, Riverside, San 

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

counties. An additional portion of Placer County was also included in the amendments. 

In addition, the new areas where the higher VOC limit is effective is described by ZIP 

code rather than by air basin to make it easier to understand.

By adding additional mountainous areas that routinely experience freezing wintertime

temperatures, CARB estimates the action would result in a loss of 0.12 tons per day 

VOC reductions, but that this loss would be offset by greater VOC reductions from other 

consumer product categories.15

EPA EVALUATION –

The following statutory criteria, regulations and guidance documents were used to 

evaluate the submitted rule.

1. Enforceability – The Bluebook (Issues Relating to VOC Regulation Cutpoints, 

Deficiencies, and Deviations, EPA, May 25, 1988, revised 1/11/1990) and the Little 

Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies,

EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA 

§110(a)(2)(A) requirement for enforceability.

2. SIP Revisions - CAA section 110(I) prohibits EPA from approving any SIP revision that 

would interfere with any applicable requirement of the CAA, including requirements for 

reasonable further progress (RFP) toward or attainment of the NAAQS. We evaluated

this SIP revision to determine whether full approval of the revision is consistent with 

these requirements.

 

13 Updated Informative Guidance for October 18, 2012 Board Hearing 

http://www.arb.ca.gov/regact/2012/cp2012/cpuid.pdf.

14 Initial Statement of Reasons, August 29, 2012, Chapter II-9 

http://www.arb.ca.gov/regact/2012/cp2012/cpisor.pdf.

15 CARB Resolution 12-32 http://www.arb.ca.gov/regact/2012/cp2012/res12-32.pdf.
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3. State Implementation Plans, General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990 (57 FR 13498; April 16, 1992) was used to help 

evaluate enforceability of CARB's submittal.

4. EPA’s National Consumer Products rule (40 CFR 59 Subpart C) was used to evaluate

CARB’s amendments against the national rule.

CARB’s Consumer Products regulation meets the evaluation criteria listed above. The 

regulation contains definitions, emission limits, compliance times, reporting and 

recordkeeping requirements, and test methods for compliance determination. CARB’s 

regulation also allows manufacturers an alternative compliance strategy to meet the 

VOC limits by participating in an Alternative Control Plan (ACP). EPA has not approved 

CARB's ACP into the SIP due to issues such as Executive Officer discretion and the 

public’s access to emissions data16.

We note that CARB's Consumer Products § 94517 Federal Enforceability, states EPA is 

not subject to any approval determinations for innovative products, variances, or 

alternative test methods made by the Executive Officer. Any such approval 

determinations for innovative products/variances/alternative test methods has no effect 

under federal law, unless the Executive Officer submits the innovative product 

determination/variance/alternative test method to EPA as a source-specific SIP revision 

and EPA approves it under section 110 of the CAA. The rule requires the Executive 

Officer to submit an innovative product determination/variance/alternative test method to 

EPA as a SIP revision request, following public notice and hearing, within 180 days of a 

request from a person who has received the innovative product determination, variance 

or alternative test method approval.

CARB’s Consumer Products regulation is more stringent than EPA’s national rule in 

several areas:

 CARB's regulation covers nearly three times the number of consumer product 

categories that EPA’s rule covers.

 CARB's Consumer Products regulation contains more stringent VOC limits than 

EPA’s national Consumer Products Rule for many product categories.

 

16 The Clean Air Act §114(c) generally requires that emissions data be made available 

to the public. EPA has defined emissions data in 40 CFR 2.301(a)(2) as information 

necessary to determine the identity, amount, frequency, concentration or any other 

characteristics (to the extent related to air quality) of any emissions which has been 

emitted by the source or authorized to emit. For CARB's ACP, we believe this may 

include, not only the VOC concentration of the product, but also the product sales 

volume necessary to calculate total emissions being averaged between complying and 

non-complying product lines.
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o EPA does not currently regulate the VOC content of Multi-purpose Solvents 

or Paint Thinners, Artist’s Solvents/Thinners, Spot Removers, or 

Lubricants.

o EPA agrees that continued VOC reductions in consumer products are

important to reduce ambient ozone concentrations in California’s nonattainment areas. In addition to the human health impacts of ozone, there 

are significant agricultural impacts. CARB indicates that ozone pollution 

damage to crops is estimated to cost agriculture over $500 million dollars 

annually.17 CARB points out that while the VOC limits may be challenging, 

they are commercially and technologically feasible.

 CARB determines compliance to the emissions limit by laboratory testing or 

calculation.

o EPA determines compliance with the VOC limits in the national consumer 

products rule by calculation.

 CARB prohibits or limits the use of certain toxic air contaminants, compounds with 

adverse impacts on other media, ozone depleting substances, and greenhouse 

gas compounds in specified products.

o EPA’s action is being taken under CAA Title 1 part D and is limited to the 

control of criteria pollutants.

 CARB's regulation covers retailers.

o EPA’s rule does not cover retailers.

During CARB’s 45-day public comment period for the November 18, 2010 Board 

Hearing, industry and environmental groups generally supported CARB’s amendments 

but each group also raised concerns such as the following:

Consumer products industry representatives and trade associations, while generally 

supportive of CARB’s amendments, expressed concerns that many of the proposed 

regulations present serious and costly reformulation challenges but were committed to 

expending the money to conduct the research and development necessary to meet the 

new requirements. In some cases, such as that for special purpose lubricants, CARB 

agreed with industry’s request that new VOC limits for special purpose lubricants have 

an effective date of December 31, 2013 (instead of December 31, 2012) to allow 

adequate time to reformulate hundreds of products and to be consistent with previously 

adopted new VOC limits for Multi-purpose Lubricant products.18

 

17 CARB Initial Statement of Reasons, September 29, 2010, Chapter IV-19

http://www.arb.ca.gov/regact/2010/cp2010/cpisor.pdf.

18 http://www.arb.ca.gov/regact/2010/cp2010/cpfsor.pdf comment B-36.
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Environmental organizations, service workers, and members of the public generally 

supported the proactive approach to prohibit toxic air contaminants and compounds with 

high global warming potential from being used to reformulate products to meet lower 

VOC limits and asked for help to reduce the use of toxic chemicals at car washes, and 

prohibit the use of alkylphenol ethoxylate surfactants in cleaners, degreasers, heavyduty hand cleaners, and oven or grill cleaners. 

CARB’s Final Statement of Reasons for Rulemaking19 for the November 18, 2010 Board 

Hearing and the Addendum to the Final Statement of Reasons for Rulemaking20

provides a summary of the comments received and CARB’s response to those 

comments.

We are not aware of any variance requests indicating the second tier 3% VOC limit for 

Multi-purpose Solvents and Paint Thinners were unachievable or variances from 

requirements for other consumer product categories that were part of the three submitted 

amendments from CARB.

CARB estimates that increasing the VOC limit for Oven or Grill Cleaner and expansion of 

the mountainous areas (that routinely experience freezing temperatures in the winter) 

where higher VOC content automotive windshield washer fluid can be sold will result in 

an increase of approximately 0.1 and 0.12 tons per day respectively, but will be more 

than offset by the estimated 3.9 tons per day (2009 Board Hearing) and the 6.9 tons per 

day (2010 Board hearing) emission reductions achieved by amendments to other 

consumer product categories. We have reviewed CARB’s analysis and agree the 

emission increases are more than offset by VOC reductions achieved in other consumer 

product categories and that it will not interfere with attainment, reasonable further 

progress, or any other applicable CAA requirement.

EPA ACTION –

The submitted Consumer Products regulation fulfills the relevant CAA §110 and Title 1 

part D requirements. EPA staff recommends approval of the submitted amendments to 

CARB’s Consumer Products Regulation consistent with CAA §110(k)(3).

We recommend approval of CARB’s amendments to its Consumer Products Regulation.

Our action is being taken under CAA Title 1 part D and is limited to the control of criteria 

pollutants. However, we support CARB’s actions to limit toxic or potentially toxic 

compounds and those compounds with a high global warming potential.

 

19 http://www.arb.ca.gov/regact/2010/cp2010/cpfsor.pdf.

20 http://www.arb.ca.gov/regact/2010/cp2010/cpaddendum.pdf.
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REFERENCES –

1. California Code of Regulations Title 17 Chapter 1 Subchapter 8.5 - Consumer 

Products; Article 2 – Consumer Products – as submitted on May 28, 2014.

2. California Code of Regulations Title 17 Chapter 1 Subchapter 8.5 - Consumer 

Products; Article 2 – Consumer Products – as approved on February 13, 2012.

http://yosemite.epa.gov/r9/r9sips.nsf/AgencyProvision/A9C27498A14C828B882579

A400602E02?OpenDocument

3. National Volatile Organic Compound Emission Standards for Consumer Products, 

40 CFR 59, Subpart C. http://www.gpo.gov/fdsys/pkg/CFR-2013-title40-

vol6/pdf/CFR-2013-title40-vol6-part59-subpartC.pdf

4. CARB Staff Report: Initial Statement of Reasons for Proposed Amendments to the 

California Consumer Products Regulation, August 7, 2009,

http://www.arb.ca.gov/regact/2009/cpmthd310/cpmthdisor.pdf.

5. CARB Initial Statement of Reasons, September 29, 2010, 

http://www.arb.ca.gov/regact/2010/cp2010/cpisor.pdf.

6. CARB Updated Informative Digest for September 24, 2009 Board Hearing 

http://www.arb.ca.gov/regact/2009/cpmthd310/cpuid.pdf.

7. State of California Air Resources Board Resolution 09-51, September 24, 2009,

Agenda Item No. 09-8-4 http://www.arb.ca.gov/regact/2009/cpmthd310/res0951.pdf.

8. Final Statement of Reasons for Rulemaking, Including Summary of Comments and 

Agency Responses – Considered at a Public Hearing on September 24, 2009, 

Agenda Item No. 09-8-4, http://www.arb.ca.gov/regact/2009/cpmthd310/cpfsor.pdf.

9. Consumer Products Regulations Overview and Proposed Amendments, September 

26, 2013, http://www.arb.ca.gov/board/books/2013/092613/13-8-3pres.pdf.

10.CARB Resolution 10-40 http://www.arb.ca.gov/regact/2010/cp2010/res1040.pdf.

11.Updated Informative Digest for October 18, 2012 Board Hearing 

http://www.arb.ca.gov/regact/2012/cp2012/cpuid.pdf.

12.Initial Statement of Reasons, August 29, 2012, Chapter II-9 

http://www.arb.ca.gov/regact/2012/cp2012/cpisor.pdf.

13.CARB Resolution 12-32 http://www.arb.ca.gov/regact/2012/cp2012/res12-32.pdf.

14.CARB Final Statement of Reasons for Rulemakings, Including Summary of Public 

Comments and Agency Responses, Hearing Date November 18, 2010; Agenda 

Item: 10-10-7. http://www.arb.ca.gov/regact/2010/cp2010/cpfsor.pdf.

15.State of California Air Resources Board Executive Order R10-013, August 6, 2010. 

http://www.arb.ca.gov/regact/2009/cpmthd310/cpeo.pdf. p

16.“Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” EPA, 

May 25, 1988, revised January 11, 2000 (the Bluebook).

http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf.

17.State Implementation Plans, General Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990 (57 FR 13498; April 16, 1992).

18.“Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” EPA 

Region 9, August 21, 2001 (the Little Bluebook).

http://www.epa.gov/region9/air/sips/littlebluebook2001.pdf.