Attachment B B - 1 2010 Proposed Amendments 

Consumer Products Regulation

ATTACHMENT B 

PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED 

AMENDMENTS TO THE CALIFORNIA CONSUMER PRODUCTS REGULATIONS 

Staff’s Suggested Modifications to the Original Proposal

PRESENTED AT THE NOVEMBER 18, 2010, HEARING 

OF THE AIR RESOURCES BOARD 

Note: Shown below are staff’s suggested modifications to the originally proposed 

regulatory text set forth in Appendix A to the Staff Report: Initial Statement of Reasons, 

released September 29, 2010. Only those portions containing the suggested 

modifications are included. 

This document is printed in a style to indicate changes from the originally proposed 

regulatory language. The originally proposed regulatory language is shown in underline

to indicate additions and strikeout to indicate deletions. Staff’s suggested modifications 

to the original proposal are shown in double underline to indicate additions and double

strikeout to indicate deletions. All proposed modifications will be made available to the 

public for a fifteen-day comment period prior to final adoption. 

Proposed Modifications to section 94509(m), Standards for Consumer Products.

Staff is proposing a modification to section 94509(m)(1) to restore an exclusion for 

Penetrants used on energized equipment. 

Modify title 17, California Code of Regulations (CCR), section 94509(m) to read as 

follows: 

(m) Requirements limiting the use of specific toxic compounds in specific consumer 

products categories. 

 (1) Requirements for products listed in Table (m)(1).

 Except as provided below in sections 94509(m)(4), and (m)(6), and (m)(7),

after the applicable effective date specified in Table 94509(m)(1) for each 

product category, no person shall sell, supply, offer for sale, or manufacture 

for use in California any consumer product listed in Table 94509(m)(1) that 

contains any of the following compounds: methylene chloride, 

perchloroethylene, or trichloroethylene.
Attachment B B - 2 2010 Proposed Amendments 

Consumer Products Regulation

Table 94509(m)(1) 

Product Categories in which Use of Methylene Chloride, Perchloroethylene, and 

Trichloroethylene is Prohibited 

Product Category 

Effective 

Date 

Sellthrough 

Date 

Adhesive: 

 Aerosol 

 • Mist Spray Adhesive 

 • Web Spray Adhesive 

 • Special Purpose Spray Adhesive 

 • Mounting, Automotive Engine Compartment, and Flexible Vinyl 

 Adhesive 

 • Polystyrene Foam and Automobile Headliner Adhesive 

 • Polyolefin and Laminate Repair/Edgebanding Adhesive 

 Construction, Panel and Floor Covering 

 Contact 

1/1/2002 

12/31/2008 

12/31/2005 

1/1/2005 

12/31/2011 

12/31/2008 

Adhesive Remover 

• Floor or Wall Covering Adhesive Remover 

• Gasket or Thread Locking Adhesive Remover 

• General Purpose Adhesive Remover 

• Specialty Adhesive Remover 

12/31/2006 12/31/2009 

Automotive Consumer Products:

See the Airborne Toxic Control Measure For Emissions Of Chlorinated 

Toxic Air Contaminants From Automotive Maintenance And Repair 

Activities, section 93111, title 17, California Code of Regulations for 

additional requirements that apply to the Automotive Consumer 

Products: Brake Cleaner, Carburetor or Fuel Injection Air Intake 

Cleaner, Engine Degreaser, and General Purpose Degreaser - intended 

for use in automotive maintenance or repair activities.

 

Bathroom and Tile Cleaner 12/31/2008 12/31/2011 

Carpet/Upholstery Cleaner 12/31/2010 12/31/2013 

Electrical Cleaner 12/31/2006 12/31/2009 

Electronic Cleaner 12/31/2005 12/31/2008 

Electronic Cleaner labeled as energized electronic equipment use only 12/31/2008 12/31/2011 

Fabric Protectant 12/31/2010 12/31/2013 

Footwear or Leather Care Product 12/31/2005 12/31/2008 

General Purpose Cleaner 12/31/2008 12/31/2011 

General Purpose Degreaser 12/31/2005 12/31/2008 

Graffiti Remover 12/31/2006 12/31/2009 

Metal Polish or Cleanser 12/31/2012 12/31/2015

Multi-purpose Lubricant 12/31/2010 12/31/2013 

Multi-purpose Solvent 12/31/2010 12/31/2013 

Oven or Grill Cleaner 12/31/2008 12/31/2011 

Paint Thinner 12/31/2010 12/31/2013 

Penetrant (See subsection 94509(m)(7) for an exclusion that applies.) 12/31/2010 12/31/2013 

Pressurized Gas Duster (Trichloroethylene is not prohibited) 12/31/2010 12/31/2011 

Sealant or Caulking Compound 12/31/2010 12/31/2013 

Silicone-based Multi-purpose Lubricant 12/31/2012 12/31/2015

Special-purpose Lubricant 12/31/2012 12/31/2015

Spot Remover 12/31/2012 12/31/2015
Attachment B B - 3 2010 Proposed Amendments 

Consumer Products Regulation

 

[No additional modifications are proposed to sections 94509(m)(2), (m)(3), (m)(4), 

(m)(5),or (m)(6).] 

Add subsection (m)(7) to read as follows: 

 (7) The requirements of section 94509(m)(1) shall not apply to "Penetrant" 

 products used on equipment when electrical current exists; residual electrical 

potential from a component exists; or an open flame exists, as long as the 

"Principal Display Panel" clearly displays the statement: "Non-flammable: 

For use on energized equipment only." 

Proposed modifications to section 94512(a), Administrative Requirements. 

Staff is proposing a modification to restore an exclusion for certain types of products 

that make Disinfectant / Sanitizer claims. 

Add subsection (a)(4) to read as follows: 

 

(4) Section 94512(a)(2) and (3) do not apply to products labeled as "Bathroom 

and Tile Cleaners," "Glass Cleaners," "General Purpose Cleaners," 

"Toilet/Urinal Care Products," "Metal Polish or Cleansers," 

"Carpet/Upholstery Cleaners," or "Fabric Refreshers" that may also make 

disinfecting/sanitizing or anti-microbial claims on the label.

Proposed Modifications Related to Special-purpose Lubricants 

In addition to the modifications identified above, staff also intends to propose making a 

number of modifications related to the category of “Special-purpose Lubricant.” These 

suggested modifications would: 

• Clarify the types of products included. This could involve modification or 

addition of several definitions. 

• Extend the effective dates of the volatile organic compound (VOC) limits for 

aerosol Special-purpose Lubricant products until December 31, 2013, to 

allow adequate time for reformulation of a large number of products. 

• Modify the VOC limit proposed for a subset of Special-purpose Lubricant 

products, aerosol anti-seize lubricants, to 40 percent by weight. Modifying 

this VOC limit would have negligible impacts on expected VOC emission 

reductions. 

• Modify the Table of Standards in section 94509(a) to reorganize all of the 

types of regulated lubricant products into a single grouping to make the 

requirements for lubricants easier to find. 
Attachment B B - 4 2010 Proposed Amendments 

Consumer Products Regulation

• Exempt, if warranted, certain Special-purpose Lubricant products from the 

proposed prohibition on use of methylene chloride, perchloroethylene, and 

trichloroethylene, provided that they are labeled exclusively for use in 

applications where flammability is a concern.