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 Redu cing 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

October 25 , 20 10- 2

-

RULE IDENTIFICATION

-

A gency: California Air Resources Board (CARB)

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

1

, Subchapter 8.5

- Consumer Products;

Article 2

– Consumer Products Hearing Amended Submitted to EPA

June 26, 2008 May 5, 20 09 February 16, 2010

SIP Approved Rule: Hearing A mended Submitted to EPA

November 17, 2006 September 26, 2007 March 27, 2008 Approved into the SIP November 4

, 2009 ( 74 FR 57075 )

RULE BACKGROUND

-

The California Health and Safety Code (Section 417 12(b )) requires the California Air Resources Board (CARB) to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds (VOC) emitted by consumer products if the

state board determines: (1) The regulations are necessary to a ttain state and federal ambient air quality

s tandards. (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 Chapter 1 Subchapt er 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 Program

The current submittal involves amendments to Artic le 2, CARB's gener al Consumer Products regulation. CARB estimates t hese amendments will achieve 4.5 tons per day (tpd) of VOC reductions towards a 2007 SIP commitment of 30

- 40 tons per day of VOC reductions from consumer products by January 1, 2014. 1 CAR B is working on

additional amendments to achieve the remainder of the 2007 SIP commitment.

1 CARB's May 200 8 Initial Statement of Reasons estimates 5.76 tons per day of VOC

reductions would be achieved by the r egulation when fully effective. Because some product categories have effective dates beyond 2014, the actual amount attributable to the 2007 SIP commitment is 4.5 tpd out of the 5.76 tpd total reduction.- 3

-

RULE SUMMARY

–

On February 16, 2010 , CARB submitted amendments to the ir statewide Consumer

Products r e gulation for inclusion into the SIP. These amendments were presented at
CARB's June 2 6 , 200 8 Board Hearing and set new or lower VOC limits a ffecting 19

consumer product categories, including eight new categories ( astringent/toner, fabric

softener

– single use dryer product, floor maintenance product, vehicle wash

, odor remover/eliminator, pressurized gas duster, tire or wheel cleaner, and windshield water repellent ). CARB also amended the defi nitions for several products, removed the exemption for personal fragrance products with 20 percent or less fragrance

, pro hibit ed

the use of three hazardous air pollutants ( HAPs ) in several product categories,

established a global warming potential limit for pressurized gas dusters, and exempt ed
HFE 7200 from the definition of VOC.

The new or modified VOC limits will take effect between December 2010 and

December 2015. The limits were developed from CARB's 2003 and 2006 surveys and 2007 update . These surveys comp i led data from over 915 companies on over 26,000 products. CARB estimates this SIP revision will achieve VOC r eductions of 5.76 tons per day

, greenhouse gas (GHG) emission reduction s equivalent to approximately 0.20

million metric tons of carbon dioxide per year, and air toxics emission reduc tions of 0.2 tons per day.

CARB's May 9, 2008 Initial Statement of Reaso ns (ISOR) estimate s that in 2010 consumer product emissions will represent approximately 243 tons per day, or about 12 percent of the overall VOC inventory. 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 further estimates that w ithout further actions, consumer product emissions are expected to grow to approximately 270 tons per day in 2020, representing 14 per cent of

statewide VOC emissions

. The ISOR further states that: "it is estimated that emissions from consumer products will be the number one source of VOC emissions in the SCAQMD in 2020. While the ozone forming potential of consu mer product emissions is less than some other source categories (for e.g., mobile sources), clearly, further reductions in VOC emissions from consumer products and other VOC sources are needed, if ozone attainment is to be achieved. "

Since 1989, CARB has adopted three consumer products regulations covering 115 product categories and 150 VOC limits. When fully effective, CARB estimates their regulations will have resulted in reducing VOC emissions from consumer products by approximately 200 tons per day an d that without these regulations, consumer product emissions would likely be over 440 tons per day.

CARB estimates its regulation will impact approximately 60 businesses in California and

240 businesses outside of California that manufacture or market con sumer products for- 4

-

sale in California. The amendments will impact approximately 2,400 complying products and 1 ,5 00 non

- complying products in 19 product categories.

The following is a summary of CARB's amendments : 1. Re

- titled the regulation to "Regulation for Reduc ing Emissions from Consumer

Products" to reflect regulating both VOCs and GHG compound s.

2. Added or clarifie d several definitions including: floor maintenance product, personal fragrance product , sealant or caulking compound, and gl obal w arming p ot ential (GWP)

.

3. Clarified that Pressurized Gas Dusters whose principal display panel clearly

indicates it is for use on energized equipment only, ar e not covered by the regulation.

The amendments also exempted HFE 7200 from the definition of VOC.

4. Extended the compliance date for product categories where the proposed limits would likely require additional resources to develop complying products

. This would

include multi

- purpose lubricants which has a technology forcing second tier limit

.

5. Proposed a 0.05 g rams of VOC per use limit for fabric softeners

- single use dryer products.

6. Removed the exemption for personal fragrance products with 20 percent or less fragrance. P ersonal fragrance products were previously exempted fr om the first or

second tier VOC li mits depending on when the products were first introduced. CARB's

amendment now require s all personal fragrance products with 20 percent or less fragrance to meet a 75 percent VOC limit. CARB estimates over 400 products would

need to be reformulated to m eet the limit and therefore p ropose s an effective date of December 31, 2014 for this category. The regulation allows products manufactured before December 31, 2014 to be sold, supplied, or offered for sale until December 31, 2017 as long as the product co mplies with the prod uct date labeling requirements.

7. Clarified that products sold in pump spray containe rs must meet the specified VOC limit prior to any minimum recommended dilution. CARB's ISOR identified that some products packaged in pump spray cont ainers appear to be marketed as “ready

- to

- use” products, but were actually designed to be diluted by the user prior to use. CARB

believed this packaging approach may diminish anticipated VOC reductions, and represented a potential circumvention of the int ent of the regulation.

8. Clarifie d that the date coding requirements also applie d to products contain ing certain chlorinated compounds (methylene chloride, perchloroethylene, trichloroethylene

, and for s olid a ir fresheners and t oilet/ urinal c are p roducts : p ara

dichlorobenzene) under a "sell

- through" provision (e.g., aerosol adhesives, contact adhesives, electronic cleaners, footwear or leather care products, general purpose degreasers, adhesive removers, electronic cleaners, graffiti removers, solid air

fre sheners and toilet/urinal care products, and bathroom and tile cleaners, construction,- 5

-

panel, and floor covering adhesives, electronic cleaners labeled as energized electronic equipment use only, general purpose cleaners and oven cleaners. )

9. Prohibit ed the use of the toxic air contaminants methylene chloride, perchloroethylene, or trichloroethylene in the following categories: carpet/upholstery cleaner, fabric protectant, multi

- purpose lubricant, penetrant, sealant or caulking compound, and spot remover.

10. Restricted the use of compounds with a GWP of 150 or greater in pressurized gas dusters and provided a one

- year sell

- through period for existing non

- complying products

. CARB's ISOR states that while only 18 of 90 products currently comply with

the GWP lim it of 150 , t hey believe the VOC and GWP limits are commercially and technically feasible.

11. Clarified that sequential batch numbering on products do es not satisfy the requirement for a product date code

.

12. Require d non

- aerosol chemically curing, and non

- che mically curing sealant or caulking compound products display the applicable regulatory category and VOC limit

on the container so the products can be easily distinguished for enforcement purposes.

13. Propose d a 25 percent by weight VOC limit for multi

- purpo se lubricants and penetrants , effective December 31, 2013, and a technology forcing second tier limit of 10 percent by December 31, 2015. Manufacturers are required to provide CARB with a detailed update of their research efforts to meet these limits by M arch 31, 2012 for the 25% limit and March 31, 2014 for the 10% limit.

14. Clarif ied that CARB Test Method 310 be used to determine the GWP content of products.

EPA EVALUATION

–

The following criteria were used to evaluate the submitted rule.

1. Enforceab ility

– 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. 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)

.

3

. EPA ’ s National Consumer Products rule (40 C.F.R. 59 Subpart C) was used to
evaluate CARB’s rule against the national rule.- 6

-

4

. SIP Relaxation

- Where previous versions of rules have been SIP approved, new submittals must comply with CAA § 110(l) reg arding SIP relaxations.

CARB’s Consumer P roducts regulation meets the evaluation criteria listed above. The regulation contains definitions, emission limits, compliance times, reporting and recordkeeping requirements, and test methods for compliance dete rmination. CARB’s regulation also allow s 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 d iscretion, public’s

access to emissions data 2 , and use of hairspray credits to reconcile emissions shortfalls.

Although the following sections were not changed, we note that CARB's Consumer Products regulation states that for purposes of federal enforcea bility, 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/variance s /alternative test methods has no eff ect under federal law, unless the Executive Officer submits the innovative product

d etermination/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

Of ficer 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,

va riance or alternative test method approval

.

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

several areas: Regulates more than twice the number of consumer product categories than EPA

o EPA plans to amend its 1998 rule in the future

More stringent V OC limits

o CARB 's obligation to obtain further VOC reductions from the consumer products category, some of which have been previously regulated

continues to be a challenging one. For example

, the Consumer Specialty

Products As sociation (CSPA) commented in June 23, 2008 letter:

" ... we continue to have serious concerns that the proposed future

second

- tier technology forcing VOC limit for the Multi

- purpose Lubricant Product Category is premised upon ARB Staff's desire to encourag e product manufacturers to explore emerging (but yet unknown) technologie s. Since CSPA members have no present knowledge of

2 The Clean Air Act § 114(c) provides that emissio ns 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 e missions 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 sale s volume necessary to calculate total emissions being averaged betwee n complying and non

- complying product lines

.- 7

- such technology, we cannot support this proposed second

- tier VOC limit. Yet, CSPA members are willing to initiate a good faith eff ort to work with ARB staff and commit the resources necessary to explore new technologies that may be capable of achieving this extremely challenging new VOC limit. Thus, CSPA does not oppose the Staff's proposed second

- tier limit for this product categor y. "

 CARB's response to comments acknowledges CSPA's concerns, believes the limits are feasible in the timeframes provided, and indicates responsible parties are required by the rule to submit written updates on research and development efforts to achieve t he

limits

.

o CARB also received comments from the environmental community . I n a June 25, 2008 letter , the commenters encourag ed CARB to regulate janitorial cleaning products and offered that South Coast calculated a potential VOC reduction of 4.5 tpd if th e VOC content of institutional and industrial janitorial products were reduced to 10 g/l.

 CARB's response to comments clarifie s that the submitted

comments do not comment on the proposed amendments, but that

staff is committed to return to the Board to pro pose regulatory strategies for these products if the requirements are found to be commercially and technologically feasible.

o EPA’s national consumer products regulation reflect s the first tier limits in

CARB's 1992 SIP approved rule. EPA has plans to upd ate its rule in the

future.

3 year product sell

- through period for most products. One year sell

- through period for selected products (e.g., air fresheners and toilet/urinal care products and for the GWP of pressurized gas dusters)

. Products must be remo ved from

store shelves o nce the sell

- through period ha s passed

.

o EPA allows an unlimited sell

- through perio d

Compliance determined by laboratory testing or calculation

o EPA determines compliance with the VOC limits in the national consumer products rule b y c alculation

Prohibits or limits the use of certain toxic air contam inates

, ozone depleting

substances , and greenhouse gas compounds in specified produ c ts

o EPA ’s Consumer Products rule making authority lies in CAA § 183(e) which

covers VOCs . This section o f the CAA does not grant EPA the authority to regulate toxic air contaminates /hazardous air pollutants

, ozone depleting

substances , or greenhouse gas compounds in consumer products.

Covers retailers

o EPA’s rule does not cover retailers- 8

-

EPA ACTION

–

The submitted Consumer Products r egulation fulfil l s the relevant CAA § 110 and part D requirements . EPA staff recommends approval of the submitted amendments to

CARB’s Consumer Products R egulation consistent with CAA § 110(k)(3)

.

ATTACHMENTS

–

Only the first two documents are attached, the remaining documents are publicly

available

.

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

- Consumer Products; Article 2

– Consumer Products

– as submitted on February 16, 2010

. 2. California Code of Regula tions Title 17 Chapter 1 Subchapter 8.5

- Consumer Products; Article 2

– Consumer Products

– as approved on November 4, 2009

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

, 40 C

. F

. R

. 59, Subpart C

. 4. CARB Staff Report: Initial S tatement of Reasons for Proposed Amendments to the
C alifornia Consumer Products Regulation, May 9, 2008

, http://www.arb.ca.gov/regact/2008/cp2008/cpisor08.pdf

. 5. State of California Air Re sources Board Resolution 08

- 30

, June 26, 2008

, Agenda

Item No. 08

- 6

- 5 http://www.arb.ca.gov/regact/2008/cp2008/res0830.pdf

. 6. Final Statement of Reasons for Rulemaking, Including Summary o f Comments and Agency Responses

– Considered at a Public Hearing on June 26, 2008, Agenda

Item No. 08

- 6

- 5

, http://www.arb.ca.gov/regact/2008/cp2008/fsor.pdf

. 7. Proposed Amendments to the Consu mer Products Regulation, Public Workshop, sides dated July 29, 2010. http://www.arb.ca.gov/consprod/regact/2010ra/pwslides072910.pdf

8. “Issues Relating to VOC Regulation Cutpoi nts, Deficiencies, and Deviations,” EPA, May 25, 1988, revised January 11, 2000 (the Bluebook). http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf

9. State Implementatio n Plans, General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990 (57 FR 13498; April 16, 1992).

10. “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