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 REGU LATIONS

Staff’s Suggested Modifications to the Original Pro posal

PRESENTED AT THE NOVEMBER 18, 2010, HEARING

OF THE AIR RESOURCES BOARD

Note: Shown below are staff’s suggested modificati ons to the originally proposed regulatory text set forth in Appendix A to the Staf f Report: Initial Statement of Reasons, released September 29, 2010. Only those portions c ontaining the suggested
modifications are included.

This document is printed in a style to indicate cha nges from the originally proposed regulatory language. The originally proposed regul atory language is shown in underline

to indicate additions and strikeout to indicate deletions. Staff’s suggested modifica tions to the original proposal are shown in double underl ine 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 fi nal adoption.

Proposed Modifications to section 94509(m), Standar ds 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 (CC R), section 94509(m) to read as

follows:

(m) Requirements limiting the use of specific toxic com pounds 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 Ta ble 94509(m)(1) for each product category, no person shall sell, supply, off er for sale, or manufacture for use in California any consumer product listed i n 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 Chlori de, 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 Headline r Adhesive • Polyolefin and Laminate Repair/Edgebandi ng 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 Emission s Of Chlorinated
Toxic Air Contaminants From Automotive Maintenance And Repair Activities, section 93111, title 17, California Cod e of Regulations for additional requirements that apply to the Automotiv e Consumer Products: Brake Cleaner, Carburetor or Fuel Inject ion Air Intake Cleaner, Engine Degreaser, and General Purpose Degr easer - intended for use in automotive maintenance or repair activit ies.

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 exclu sion that applies.) 12/31/2010 12/31/2013 Pressurized Gas Duster (Trichloroethylene is not pr ohibited) 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 12/31/2015Attachment B B - 3 2010 Proposed Amendments Consumer Products Regulation [No additional modifications are proposed to sectio ns 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 curren t exists; residual electrical

potential from a component exists; or an open flame exists, as long as the "Principal Display Panel" clearly displays the stat ement: "Non-flammable: For use on energized equipment only."

Proposed modifications to section 94512(a), Adminis trative Requirements.

Staff is proposing a modification to restore an exc lusion 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 prod ucts labeled as "Bathroom and Tile Cleaners," "Glass Cleaners," "General Purp ose Cleaners," "Toilet/Urinal Care Products," "Metal Polish or Cle ansers," "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 L ubricants

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 coul d 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 De cember 31, 2013, to allow adequate time for reformulation of a large nu mber of products.

• Modify the VOC limit proposed for a subset of Spec ial-purpose Lubricant products, aerosol anti-seize lubricants, to 40 perc ent by weight. Modifying this VOC limit would have negligible impacts on exp ected 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 Lubr icant products from the proposed prohibition on use of methylene chloride, perchloroethylene, and trichloroethylene, provided that they are labeled e xclusively for use in applications where flammability is a concern.