\ 

### / Title 17 Air Resources Board 

### § 

### 94508

§ 

### 94506.5. Federal Enforceability.

Forpurposes offederal enforceability ofthis article, the Environmental Protection Agency is not subject to approval determinations made by the Executive Officer under Section 94503.5, 94505, or 94506. Within 180 days ofa request from a person who has been granted an exemption

or variance under Section 94503.5 or 94505, an exemption or variance meeting the requirements ofthe Clean Air Act shall be submittedby the Executive Officer to the Environmental Protection Agency for inclusion in the applicable implementation plan approved or promulgated by the Environmental Protection Agency pursuant to Section 110 ofthe Clean Air Act, 42 U.S.C., Section 7410. Prior to submitting an exemption granted under Section 94503.5 as a revision to the applicable implementation plan, the Executive Officer shall hold a public hearing on the proposedexemption. Noticeofthe time and placeofthehearing shall be sent to theapplicantbycertifiedmail notless than 30days priorto thehearing. Notice ofthe hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to the Environmental Protection Agency, every person who requests such notice, and to any person
or group ofpersons whom the Executive Officer believes may be interestedintheapplication. Within 30days ofthehearingtheExecutiveOfficershallnotify the applicant ofthe decisionin writing asprovidedinSection 94503.5(f). The decision may approve, disapprove, or modify an exemption previously granted pursuant to Section 94503.5. NOTE: Authority cited: Sections 39600, 39601, 39602 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39602, 40000 and 41712, Health and Safety Code. HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register92, No. 12). 2. Amendment filed 11-16-99; operative 12-16-99 (Register 99, No. 47).



## Article 2. Consumer Products

§ 

### 94507. Applicability.

Except as provided in Sections 94509(i) and 94510, this article shall apply to any person who sells, supplies, offers for sale, or manufactures

consumer products for use in the state ofCalifornia. NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 2. Amendment filed 12-7-92; operative 1-6-93 (Register 92, No. 50). 3. Editorial correction deleting duplicate article heading (Register 92, No. 50). 4. Amendment filed 10-20-2000; operative 11-19-2000 (Register2000, No. 42).
§ 

### 94508. Definitions.

(a) For the purpose ofthis article, the following definitions apply: (1) "Adhesive" means any product that is used to bond one surface to another by attachment. "Adhesive" does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelfliners, orany otherproductwith an adhesiveincorporated onto orinaninert substrate. For "ContactAdhesive," "Construction, Panel, andFloorCovering Adhesive," and "General PurposeAdhesive" only, "adhesive" also does notincludeunits ofproduct,less packaging, which weigh morethan

onepound and consist ofmore than 16 fluid ounces. This limitation does
not apply to aerosol adhesives. (2) "Adhesive Remover" means a product designed to remove adhesive from either a specific substrate or a variety ofsubstrates. "Adhesive Remover" does not include products that remove adhesives intended for

use on humans or animals.

Forthepurpose ofthis definition and "AdhesiveRemover" subcategories (A-D), the term "adhesive" shall mean a substanceused to bond one

or more materials. Adhesive includes, but is not limited to: caulks; sealants; glues; or similar substances used for the purpose offorming a bond.

(A) "FloororWall CoveringAdhesiveRemover" means a productdesigned or labeled to remove floor orwall coverings and associated adhesive from the underlying substrate. (B) "Gasket or Thread Locking Adhesive Remover" means a product designed orlabeled to remove gaskets orthread locking adhesives. Products labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered "Gasket or Thread Locking Adhesive Remover." (C) "General Purpose Adhesive Remover" means a product designed

or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from a variety of substrates. "General Purpose Adhesive Remover" includes, butis not limitedto, products that remove thermoplastic adhesives; pressure sensitive adhesives; dextrine or starch-based adhesives; casein glues; rubber or latex-based adhesives;

as well as products thatremove stickers; decals; stencils; orsimilarmaterials. "General Purpose Adhesive Remover" does not include "Floor or Wall Covering Adhesive Remover."

(D) "Specialty Adhesive Remover" means a product designed to remove reactive adhesives from a variety ofsubstrates. Reactive adhesives include adhesives thatrequire a hardener or catalyst in orderfor the bond
to occur. Examples ofreactive adhesives include, but are not limited to: epoxies; urethanes; silicones. "Specialty Adhesive Remover" does not include "Gasket or Thread Locking Adhesive Remover."

(3) "Aerosol Adhesive" means any adhesive packaged as an aerosol productin which the spray mechanismis permanently housedin a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment. Aerosol adhesives include special purpose spray adhesives, mist spray adhesives, and web spray adhesives.

(4) "Aerosol Cooking Spray" means any aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied

on food, orboth.

(5) "Aerosol Product" means a pressurized spray system that dispenses productingredients by means ofa propellant contained in a product or a product's container, or by means of a mechanically induced force. "Aerosol Product" does not include "Pump Spray."

(6) "AgriculturalUse" means theuse ofany pesticide ormethod ordevice for the control ofpests in connection with the commercial production, storage or processing of any animal or plant crop. "Agricultural Use" does not include the sale or use of pesticides in properly labeled packages or containers which are intended for: (A) Home use, (B) Use in structural pest control, or (C) Industrial or Institutional use. For the purposes of this definition only:

"Home use" means use in a household or its immediate environment. "Structuralpestcontrol" means auserequiring alicenseunderChapter 14 (commencingwith Section8500),Division 3, oftheBusiness andProfessions Code.

"Industrialuse" means usefor orin a manufacturing, mining, orchemical process or use in the operation of factories, processing plants, and similar sites.

"Institutional use" means use within the confines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.

(7) "Air Freshener" means any product including, but not limited to, sprays, wicks, wipes, diffusers, powders, and crystals, designed or labeledfor thepurpose ofmaskingodors, orfreshening, cleaning, scenting,

or deodorizing the air. "Air Freshener" includes dual/purpose air freshener/disinfectant products. "Air Freshener" does not include products that are used on the human body, products that function primarily as cleaningproducts as indicatedona productlabel, "OdorRemover/Eliminator," or "Toilet/Urinal Care Product."

(8) "All Other Carbon-Containing Compounds" means all other compounds which contain at least one carbon atom and are not a "Table B"

ora "LVP-VOC."

(9) "AllOtherForms" means all consumerproduct forms for which no form-specific VOC standard is specified. Unless specified otherwise by the applicable VOC standard, "all other forms" include, but are not limited to, solids, liquids (which includes the liquid containing or liquid impregnated portion ofthe cloth or paper wipes (towelettes), wicks, powders, and crystals.



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### BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

(10) "Antimicrobial Hand or Body Cleaner or Soap" means a cleaner

or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity, andis regulated as an over-the-counter drug by the U.S. Food and Drug Administration. "Antimicrobial Hand

or Body Cleaner or Soap" includes, but is not limited to, (A) antimicrobial hand or body washes/cleaners, (B) foodhandler hand washes, (C) healthcare personnel hand washes, (D) pre-operative skin preparations and (E) surgical scrubs. "Antimicrobial Hand or Body Cleaner or Soap" does not include prescription drug products, antiperspirants, "Astringent/Toner," deodorant, "Facial Cleaner or Soap," "General-use Hand

or Body Cleaner or Soap," "Hand Dishwasbing Detergent" (including antimicrobial), "Heavy-duty Hand Cleaner or Soap," "Medicated Astringent/Medicated Toner," and "Rubbing Alcohol."

(11) "Anti-Static Product" means a product that is labeled to eliminate, prevent, orinhibitthe accumulation ofstatic electdcity. "Anti-Static Product" does not include "Electronic Cleaner," "Floor Polish or Wax," "FloorCoating," and products thatmeet the definition of"Aerosol Coating Product" or "Architectural Coating."

(12) "Architectural Coating" means a coating applied to stationary
structures and their appurtenances, to mobile homes, to pavements, or to curbs.

(13) "Aromatic Compound" means a carbon containing compound that contains one or more benzene or equivalent heterocyclic rings and has an initial boiling point less than or equal to 280°C. "Aromatic Compound" does notinclude compounds excluded from the definition ofVolatile Organic Compound (VOC) in this Section 94508(a).

(14) "Artist's Solvent/Thinner" means any liquid product, labeled to meet ASTM D4236- 95 (March 1, 2005) Standard Practice for Labeling Art Materials for Chronic Health Hazards, which is incorporated by referenceherein, and packagedin a containerequal to orless than 32fluid
ounces, labeled to reduce the viscosity of, and or remove, art coating compositions or components.

(15) "ASTM" means ASTM International. (16) "Astringent/Toner" means any product designed or labeled to be applied to the skin for the purpose ofcleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This category does not include any hand, face, or body cleaner or soap product, "Medicated Astdngent/Medicated Toner," cold cream, lotion, antiperspirant, or any Astdgent/Tonerproduct regulated as a drug by the United States Food and Drug Administration (FDA).

(17) "Automotive Hard Paste Wax" means an automotive wax orpolish which is: (A) designed to protect and improve the appearance ofautomotive paint surfaces; and (B) a solid at room temperature; and (C) contains 0% water by formulation.

(18) "Automotive Instant Detailer" means a product designed for use in a pump spray that is applied to the painted surface ofautomobiles and wiped offprior to the product being allowed to dry.

(19) "Automotive Rubbing orPolishing Compound" means a product designed pdmadly to remove oxidation, old paint, scratches or "swirl marks," and other defects from the painted surfaces of motor vehicles without leaving a protective barrier.

(20) "AutomotiveWax, Polish, Sealant or Glaze" means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted surfaces. "AutomotiveWax, Polish, Sealant or Glaze" includes, but is not limited to, products designed for use in autobody repair shops and "drive-through" car washes, as well as products designed for the general public. "AutomotiveWax, Polish, Sealant or Glaze" does
not include "Automotive Rubbing orPolishing Compound," automotive wash and wax products, surfactant-containing car wash products, and products designed for use on unpainted smfaces such as bare metal, chrome, glass, or plastic.

(21) "Automotive Windshield Washer Fluid (Dilutable)" means any liquid which meets the following criteria:

(A) the product is sold either in a container with a capacity of 10 gallons or more, or a container with a capacity of one quart or less; and (B) the product is designed orlabeled for use in a motor vehicle windshield washer fluid system either as an anti-freeze or for the purpose of cleaning, washing, bug removal, or wetting the windshield(s).

"Automotive Windshield Washer Fluid (Dilutable)" does not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured. (22) "AutomotiveWindshieldWasherFluid (Pre-Mixed)" means any liquid which meets the following criteria:

(A) theproductis soldin a containerwith a capacity thatis greaterthan

one quart, but less than 10 gallons; and

(B) the product is designea orlabeled for use in a motor vehicle**wind~** shield washer fluid system as an anti-freeze or for the purpose ofcleaning, washing, bug removal, or wetting the windshield(s).

"Automotive Windshield Washer Fluid (Pre-Mixed)" does not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured.

(23) "Bathroom and Tile Cleaner" means a product designed or labeled to cleantile or surfaces inbathrooms. "Bathroom andTile Cleaner" does not include "Toilet/Udnal Care Product."

(24) "BrakeCleaner" means a cleaning product designed orlabeled to

remove oil, grease, brakefluid, brakepad material ordirt from motor vehicle brake mechanisms. (25) "Bugand TarRemover" means a productlabeled to removeeither

or both of the following from painted motor vehicle surfaces without causing damage to the finish: (A) biological-typeresidues such as insect

carcasses and tree sap and, (B) road grime, such as road tar, roadway paint markings, and asphalt.

(26) "California Sales" means the sales (net pounds_pf product, less packaging and container, per year) in California for either the calendar year immediately prior to the year that the information required by the Executive Officer pursuant to section 94513 (required information) is due or, ifthatdatais not available, any consecutive 12monthperiodcommencing no earlier than 2 years prior to the due date ofthe required information. If direct sales data for California is not available, sales may be estimated by prorating national or regional sales data by population. (27) "CarburetororFuel-InjectionAirIntake Cleaners" means aproduct designed or labeled to remove fuel deposits, dirt, or'other contaminants from a carburetor, choke, throttle body of a fuel-injection system,

or associated linkages. "Carburetor or Fuel-injection Air Intake Cleaner" does notincludeproducts designed orlabeled exclusively to beintroduced directly into the fuel lines orfue1 storage tankprior to introduction into the carburetor or fuel injectors, or products designed orlabeled exclusively to beintroduced during engine operation directly into airintake

vacuum lines by using a pressurized sprayer wand.

(28) "Carpet/Upholstery Cleaner" means a cleaning product designed

orlabeled for the purpose ofeliminating dirt or stains inrugs, carpeting,

orobjects upholstered orcovered with fabrics such as wool, cotton, nylon

or other synthetic fabrics. "Carpet/Upholstery Cleaner" includes, but is
notlimited to, productsused on householdfurniture, theinterior ofmotor vehicles, and products that make "Fabdc Protectant" claims. "Carpet/ Upholstery Cleaner" does not include "Spot Remover," vinyl or leather cleaners, "DryCleaningFluid," orproducts designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.

(29) "CharcoalLighterMaterial" means any combustible material designed to be applied on, incorporated in, added to, orused with charcoal
to enhance ignition. "CharcoalLighterMaterial" does notinclude any of the following: (A) electrical starters and probes, (B) metallic cylinders using paper tinder, (C) natural gas, (D) propane, and (E) fat wood. (30) "Colorant" means any pigment orcoloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.

(31) "Construction, Panel, and Floor Covering Adhesive" means any non-aerosol, one-component adhesive thatis designed orlabeled for the installation, remodeling, maintenance, or repair of: (A) structural and building components that include, but are not limited to, beams, trusses, studs, paneling (drywall ordrywall laminates, fiberglass reinforced plas

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### Title 17 Air Resources Board 

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tic (FRP), plywood, particleboard, insulationboard, pre-decoratedhardboard or tileboard, etc.), ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or (B) floor or wall coverings that include, but are not limited to, wood or simulated wood covering, carpet, carpet pad orcushion, vinyl-backed carpet, flexible flooring material, nonresilientflooring material, mirrortiles and othertypes oftiles, and artificial grass. "Construction, Panel, andFloorCoveringAdhesive" does notinclude "FloorSeam Sealer."

(32) "Consumer" means any person who seeks, purchases, oracquires any consumer product for personal, family, household, or institutional

use. Persons acquiring a consumer product for resale are not "consumers" for that product. (33) "Consumer Product" means a chemically formulated product used by household and institutional consumers including, butnotlimited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products; but does not includeotherpaintproducts, furniture coatings, or architectural coatings. As usedin this article, the term "consumerproduct" shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial, and commercial uses.

(34) "ContactAdhesive" means a non-aerosol adhesivethat: (A) is designed for application to both surfaces to be bonded together, and (B) is allowedto dry beforethetwo surfaces are placedincontactwitheach other, and (C) forms an immediate bond that is impossible, or difficult, to reposition afterboth adhesive-coated surfaces are placed incontactwith each other, and (D) does not need sustained pressure or clamping ofsurfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contactbetweenboth surfaces. "Contact Adhesive" does not include rubber cements that are primarily intended for use on paper substrates. "Contact Adhesive" also does not include vulcanizing fluids that are designed and labeled for tire repair only. (35) "ContactAdhesive- GeneralPurpose" means any contact adhesive that is not a "Contact Adhesive- Special Purpose."

(3 6) "ContactAdhesive- Special Purpose" means a contact adhesive that: (A) is used to bond melamine-coveredboard, unprimed metal, unsupported vinyl, Teflon,ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood veneer 1116 inch orless in thickness to any porous or nonporous surface, and is sold in units ofproduct, less packaging, that contain more than eight fluid ounces, or (B) is used in automotive applications that are (1.) automotive under-the-hood applications requiringheat, oil orgasolineresistance, or (2.) body-sidemolding, automotive weatherstrip or decorative trim.

(37) "Container/Packaging" means the part or parts of the consumer
orinstitutionalproduct which serveonly to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture ofsubstances which is solely responsible for accomplishing the purposes for which the product was designed or intended. "Container/ Packaging" includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.

(38) "Crawling Bug Insecticide" means any insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, but not limited to, mites, silverfish or spiders. "Crawling Bug Insecticide" does not include products designed to be used exclusively on humans or animals, or any house dust mite product. For the purposes ofthis definition only: "House dust mite product" means a product whose label, packaging,

or accompanying literature states that the product is suitable for use againsthouse dust mites, butdoes not indicate that the productis suitable for use against ants, cockroaches, or other household crawling arthropods. "House dust mite" means mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae.

(39) "Deodorant Body Spray" means: (A) for products manufactured before January 1, 2006: a "Personal Fragrance Product" with 20 percent or less fragrance. (B) forproducts manufactured onor afterJanuary 1, 2006: a "Personal Fragrance Product" with 20 percent orless fragrance, that is designed for application all over the human body to provide a scent. A "Deodorant Body Spray"productthatindicates ordepicts onthecontainerorpackaging, or on any sticker orlabel affixed thereto, that itcan beused on or applied to the human axilla, is a "Deodorant" as defined in section 94501(d).

( 40) "Device" means any instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest orany otherform ofplant oranimal life (other thanman and otherthanbacteria, virus, orothermicroorganism on orin living man orother living animals); but not including equipment used for the application ofpesticides when sold separately therefrom.

( 41) "Disinfectant" means a product that is labeled as a "disinfectant",

oris labeled to destroy orirreversibly inactivateinfectious orotherundesirablebacteria, pathogenicfungi, orviruses on surfaces orinanimateobjects and whose label is registered as a "disinfectant" under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.). Products that are labeled as both a "sanitizer" and a "disinfectant"

are considered disinfectants. "Disinfectant" does not include any of the following: (A) products labeled solely for use on humans or animals, (B) products labeled solely for agricultural use, (C) products labeled solely for use in swimming pools, therapeutic tubs, or hot tubs, (D) products which are labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces, (E) products which are pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or veterinary establishments, (F) products which are labeled to beappliedtofood-contact surfaces and arenotrequired to berinsedprior
to contactwith food, or (G) products which are labeled as "Bathroomand TileCleaner," "Glass Cleaner," "General Purpose Cleaner," "Toilet/Urinal CareProduct," "MetalPolish," "CarpetCleaner," or "Fabric Refresher" that may also makedisinfecting oranti-microbialclaims on the label.

(42) "Distributor" means any person to whom a consumer product is sold or supplied for the purposes ofresale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors.

( 43) "Double Phase Aerosol Air Freshener" means an aerosol airfreshener with the liquid contents in two or more distinct phases that requires the productcontainerbe shakenbeforeuse to mix the phases, producing an emulsion.

( 44) "Dry Cleaning Fluid" means any non-aqueous liquid productdesigned and labeled exclusively for use on: (1) fabrics which are labeled "for dry clean only," such as clothing or drapery; or (2) "S-coded" fabrics. "Dry Cleaning Fluid" includes, butis not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence or work place. "Dry Cleaning Fluid" does not include "Spot Remover" or "Carpet/Upholstery Cleaner." Forthepurposes ofthis definition, S-codedfabric means
an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee."

( 45) "Dual Purpose Air Freshener/Disinfectant" means an aerosol product that is represented on the product container for use as both a disinfectant and an air freshener, or is so represented on any sticker, label, packaging, or literature attached to the product container.

( 46) "DustingAid" means a productdesigned orlabeledto assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating. "Dusting Aid" does not include "Pressurized Gas Duster."

(47) "Electrical Cleaner" means a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, relays, electric panels, or generators. Electrical Cleanerdoes not include "General Purpose Cleaner," "General Purpose Degreaser," "Dusting Aid," "Electronic Cleaner," "Energized Electrical Cleaner," "Pressurized Gas Duster," "Engine De

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### BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

greaser," "Anti-Static Product," or products designed to clean the casings or housings of electrical equipment.

( 48) "Electronic Cleaner" means a product labeled for the removal of dirt, moisture, dust, flux, or oxides from theinternal components ofelectronic or precision equipment such as circuit boards, and the internal components of electronic devices, including but not limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and computers. "Electronic Cleaner" does not include "General Purpose Cleaner," "General Purpose Degreaser," "Dusting Aid," "Pressurized Gas Duster," "Engine Degreaser," "Electrical Cleaner," "Energized Electrical Cleaner," "Anti-StaticProduct," orproducts labeledto cleanthecasings or housings ofelectronic equipment. "Electronic Cleaner" does not include any product that meets both of the following criteria:

(1) the product is labeled to clean and/or degrease electronic equipment, where cleaning and/or degt·easing is accomplished when electrical
current exists, or when there is aresidual electrical potential from a component;

(2) the product label clearly displays the statements: "EnergizedElectronic Equipment use only."

( 49) "Energized Electrical Cleaner" means a product that meets both ofthe following criteria:

(1) the product is labeled to clean and/or degrease electrical equipment, where cleaning and/or degreasing is accomplished when electrical current exists, or when there is aresidual electrical potential from a component, such as a capacitor;

(2) the product label clearly displays the statements: "Energized Equipment use only. Not to beused for motorized vehicle maintenance,

or their parts."

"EnergizedElectrical Cleaner" does notinclude "Electronic Cleaner." (50) "Engine Degreaser" means a cleaning product designed or labeled to remove grease, grime, oil and othercontaminants from the external smfaces of engines and other mechanical parts.

(51) "Executive Officer" means the Executive Officer ofthe Air Resources Board, or his or her delegate.

(52) "Existing Product" means any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in California prior to the following dates, or any subsequently introduced identical formulation:

(A) October 21, 1991, for all products listed in section 94509(a) that have initial effective dates ofJanuary 

### 1, 1993, or January 

### 1, 1994;

(B) January 6, 1993, for all products listed in section 94509(a) that have initial effective dates of January 1, 1995, or January 1, 1997, and charcoal lighter materials subject to section 94509(h);

(C) August 16, 1998, for all products listed in section 94509(a) that have initial effective dates ofJanuary 1, 2001, January 1, 2002, January 1, 2003, or January 1, 2005;

(D) November 19, 2000, for all products inthefollowing product categories listed in section 94509(a): "Non-aerosol General Purpose Degreaser," "Sealant and Caulking Compound," and "Tire Sealant and Inflator."

(E) July 20, 2005, for all products listed in section 94509(a) that have

an effective date ofDecember 31, 2006, December 31, 2008, or December 31, 2009; and

(F) December 8, 2007, all products listedin section 94509(a) that have

an initial effective date ofDecember 31,2008, or December 31,2010 for Brake Cleaner, Carburetor or Fuel-Injection AirIntake Cleaner, Aerosol Engine Degreaser, Resilient Flooring Material, Nonresilient Flaming Material, Aerosol General Purpose Degreaser, and Aerosol Temporary Hair Color.

(G) July 18,2009, for all products listed in section 94509(a) that have

an initial effective date of December 31, 2010, or December 31, 2012, December 31, 2013, or December 31, 2014.

(53) "Fabric Protectant" means: (A) for products manufactured before December 31, 2008: a product designed orlabeledto beappliedto fabric substrates to protectthe surface from soilingfrom dirt and other impurities or to reduce absorption ofliquid into the fabric's fibers. "Fabric Protectant" does not include "Waterproofers," products designed for use solely on leather, or products designed foruse solely onfabrics which arelabeled "fordry clean only" and sold in containers of 10 fluid ounces or less.

(B) for products manufactured on or after December 31,2008: a productdesigned orlabeledto beapplied to fabric substrates to protectthe surface from soiling from dirt or otherimpurities or to reduce absorption of liquid into the fabric's fibers. "Fabric Protectant" does notinclude "Wa-

.terproofers," or products labeled for use solely on leather. "Fabric Protectant" does notincludepigmentedproducts that are designed orlabeled
to be used primarily for coloring, products used for construction, reconstruction; modification, structural maintenance or repair of fabric substrates, or products that renew or restore fabric and qualifying as either "Clear Coating" or "Vinyl/Fabric/Leather/Polycarbonate Coating" under section 9452l(a).

(54) "FabricRefresher" means a productlabeledto neutralize oreliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotiveinteriors, footwear, athletic equipment, clothing and/or on household furniture orobjectsupholstered orcovered with fabrics such as, butnotlimited to, wool,.cotton, or nylon. "Fabric Refresher" does not include "Antistatic Product," "Carpet/Upholstery Cleaner," "Footwear or Leather Care Product," "Spot Remover," or "Disinfectant," or products labeled for application to both fabric and human skin.

(55) "Fabric Softener-Single Use Dryer Product" means a laundry

careproduct designed orlabeledfor single use inthe clothes dryer to impart softness to, orcontrol static cling of, a load ofwashable fabrics; and may impart a fragrance or scent. For the purpose ofthis definition only, "single use" means a product that is intended for one ti.!lle use during a single drying cycle and is removed after completion ofthe drying cycle. A "load"is the amount ofwashable fabrics ina single dryingcycle. "Fabric Softener-Single Use Dryer Product" includes treated nonwoven sheets which are typically packaged in boxes with a multiple number of sheets. "Fabric Softener-Single Use Dryer Product" does not include products applied to washablefabrics priorto placingthe washablefabrics in the clothes dryer. (56) "Facial Cleaner or Soap" means 

# a cleaner or soap designed primatily to cleanthe face. "Facial Cleaner orSoap"includes, butis not limited to, facial cleansing creams, semisolids, liquids, lotions, and substrate-impregnated forms. "Facial Cleaner or Soap" does not include prescription drug products, "Antimicrobial Hand or Body Cleaner or Soap," "Astringent/Toner," "General-use Hand or Body Cleaner or Soap," "Medicated Astringent/Medicated Toner," or "Rubbing Alcohol." (57) "FatWood" means pieces ofwood kindling with high naturallyoccurring levels of sap or resin which enhance ignition of the kindling. "Fat wood" does not include any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated woodbased products.

(58) "Flea and Tick Insecticide" means any insecticide product that is designed for use against fleas, ticks, theirlarvae, ortheir eggs. "Flea and Tick Insecticide" does not include products that are designed to be used exclusively on humans or animals and their bedding. (59) "Floor Coating" means an opaque coating that is labeled and designed for application to flooring, including but not limited to, decks, porches, steps, and otherhorizontal surfaces which maybesubjectto foot traffic.

(60) "FloorMaintenance Product" means any product designed or labeled to restore, maintain, or enhance a previously applied floor finish. "FloorMaintenanceProduct" includes,butis notlimitedto, products that

are labeled as Spray Buff products or Floor Maintainers or Restorers. "Floor Maintenance Product" does not include floor polish products, products designed solely for the purpose ofcleaning, products designed

orlabeled exclusively for use on marble floors, orcoatings subject to architectural coatings regulations.



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(61) "FloorPolish orWax" means a productdesigned orlabeledto polish, wax, condition, protect, temporarily seal, or otherwise enhancefloor surfaces by leaving a protective finish that is designed or labeled to be periodically replenished. "FloorPolish orWax" does not include "Floor Maintenance Products," "FloorWax Stripper," or coatings subject to architectural coatings regulations.

"FloorPolish orWax"is dividedintothree subcategories: products for resilient flooring materials, products for nonresilient flooring materials and wood floor wax. For the purposes ofthis article:

(A) "ResilientFlooring Material" means flexible flooring material including but is not limited to, asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.

(B) "NonresilientFlooringMaterial" means flooring ofa mineral content which is not flexible. "Nonresilient Flooring material" includes but is notlimited to terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.

(C) "WoodFloorWax" means any wax-based product designed orlabeled for use solely on wood floors. "WoodFloor Wax" does not include products that make the claim to "clean and wax" or "clean and polish." (62) "FloorSeamSealer" means any product designed andlabeledexclusively for bonding, fusing, orsealing (coating) seams between adjoining rolls ofinstalled flexible sheet flooring.

(63) "FloorWax Stripper" means a product designed to remove natural or synthetic floor polishes or waxes through breakdown ofthe polish

or wax polymers, or by dissolving or emulsifying the polish or wax. "Floor Wax Stripper" does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion. (64) "FlyingBugInsecticide" means any insecticideproductthat is designed for use againstflying insects orotherflying arthropods, including butnotlimitedto flies, mosquitoes, moths, orgnats. "Flying BugInsecticide" does hot include "wasp and hornet insecticide," products that are designed to be used exclusively on humans or animals, or any mothproofing product. Forthe purposes ofthis definition only, "moth-proofingproduct" means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damagebymoths, butdoes notindicatethatthe productis suitableforuse against flying insects or other flying arthropods.

(65) "FootwearorLeather Care Product" means any product designed

or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect, ormodify the appearance, durability, fit, or flexibility of the footwear or leather article/component. Footwearincludes both leather and non-leatherfoot apparel. "Footwear

orLeather CareProduct" does not include "Fabric Protectant," "General Purpose Adhesive," "Contact Adhesive," "Vinyl/Fabric/Leather/Polycarbonate Coating," as defined in section 94521(a), "Rubber/Vinyl Protectant," "Fabric Refresher," products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than 2 millimeters thick.

(66) "Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with

a combined vapor pressure not in excess or 2 mm ofHg at 20°C, the sole purpose ofwhichis to impart anodoror scent, orto counteract a malodor. (67) "Furniture Maintenance Product" means a wax, polish, conditioner, or any otherproductlabeledfor thepurpose ofpolishing, protecting orenhancing finished wood surfaces other than floors, and otherfurniture surfaces including but not limited to acrylics, ceramic, plastics,
stone surfaces, metal surfaces, and fiberglass. "Furniture Maintenance Product" does notinclude "DustingAid," "WoodCleaner," and products designed solely for thepurposeofcleaning, orproducts designed to leave

a permanent finish such as stains, sanding sealers and lacquers.

(68) "Furniture Coating" means any paint designed for application to

room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas.

(69) "Gel" means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, such asjelly. (70) "General Purpose Adhesive" means any non-aerosol adhesive designed foruse on a variety ofsubstrates. "General Purpose Adhesive" does notinclude (A) contact adhesives, (B) construction, panel, and floor covering adhesives, (C) adhesives designed exclusively for application

on one specific category ofsubstrates (i.e., substrates that are composed ofsimilarmaterials, such as different types ofmetals, paperproducts, ceramics, plastics, rubbers, orvinyls), or (D) adhesives designed exclusively for use on one specific category of articles (i.e., articles that may be composed ofdifferent materials butperform a specific function, such as gaskets, automotive trim, weather-stripping, or carpets).

(71) "General Purpose Cleaner" means a general purpose cleaning product labeled for use on a variety ofhard surfaces, including small appliances. "General Purpose Cleaner" includes, butis notlimitedto, products designed or labeled for general floor cleaning, kitchen, countertop,

or sink cleaning, and cleaners designed or labeled to be used on a variety ofhard surfaces such as stovetops, cooktops, or microwaves.

(72) "General Purpose Degreaser" means any product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety ofsubstrates, including automotive or miscellaneous metallic parts. "General Purpose**Deg~·easer"** does not include "Engine Degreaser," "General Purpose Cleaner," "Adhesiver Remover," "Electronic Cleaner," "Electrical Cleaner," "Energized Electrical Cleaner," "Metal Polish/Cleanser," products used exclusively in "solvent cleaning tanks orrelated equipment", or products that are (A) sold exclusively to establishments which manufacture or construct goods or commodities; and (B) labeled "not for retail sale." "Solvent cleaning tanks or related equipment" includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to cleanmiscellaneous metallicparts byimmersionin a container.

(73) "General-useHand orBody Cleaneror Soap" means a cleaner or soap designed to beused routinely on the skin to clean orremove typical

orcommon dirt and soils. "General-useHand orBody Cleaner or Soap" includes, butis notlimited to, hand orbody washes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps. "General-use Hand or Body Cleaner or Soap" does not include prescription drug products, "Antimicrobial Hand or Body Cleaner or Soap," "Astringent/Toner," "Facial Cleaner or Soap," "Hand Dishwashing Detergent" (including antimicrobial), "Heavy-duty Hand Cleaner or Soap," "Medicated Astringent/Medicated Toner," or "Rubbing Alcohol."

(74) "Glass Cleaner" means a cleaning product designed or labeled primarily for cleaning surfaces made ofglass. "Glass Cleaner" does not include products designed or labeled solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines.

(75) "GlobalWarming Potential (GWP)" means the radiative forcing impact ofone mass-based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period oftime.

(76) "Global Warming Potential Value" or "GWP Value" means the global warming potential value ofa chemical or compound as specified inthe IPCC: 1995 SecondAssessment Report (SAR), Table 2.14, in Climate Change 2007: ThePhysical Sciences Basis. Contribution ofWorking Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, which is incorporated by reference herein.

IfTable 2.14 does not contain a SAR 100-yearGWP Value for a specific chemical orcompound, thenthe 1 00-yearGWPValueinTable2.14 for thatchemical or compound shallbeused. Ifthereis no 1 00-yearGWP Value for a chemical or compound listed in Table 2.14 or GWP Value listed in Table 2.15,. then the GWP Value is assumed to be equal to the GWP limit ofthe applicable product category.

(77) "Graffiti Remover" means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoepolish, from a variety ofnon-cloth or non-fabric substrates. "Graffiti Remover" does not include "Paint Remover or Stripper," "Nail Polish Remover," or "Spot



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Remover." Products labeled for dual use as both a paint stripper and graffiti remover are considered "Graffiti Removers." (78) "Hair Mousse" means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.

(79) "Hair Shine" means any product designed for the primary purpose ofcreating a shine when applied to the hair. "Hair Shine" includes, but is not limited to, dual-use products designed primarily to impart a · sheen to the hair. "Hair Shine" does not include "Hair Spray," "Hair Mousse," "HairStylingProduct," "Hair Styling Gel", orproducts whose primary purpose is to condition or hold the hair.

- (80) "Hair Styling Gel" means a consumer product manufacturedbefore December 31, 2006, that is high viscosity, often gelatinous, product that contains a resin and is designed for the application to hair to aid in styling and sculpting ofthe hair coiffure.

(81) "Hair Spray" means: (A) for products manufactured beforeDecember 31, 2006: aconsumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time, and

(B) for products manufactured on or after December 31, 2006: a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain and/or (finish) the style ofthe hairfor a period oftime. "HairSpray" includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle hairsprays that make finishing claims; and products that are both a styling and finishing product. "Hair Spray" does notinclude spray products that are intendedto aid in styling but do not provide finishing of a hairstyle.

For the purposes ofthis subchapter, "finish" or "finishing" means the maintaining and/or holding ofpreviously styled hairfor a period oftime.

For the purposes of this subchapter, "styling" means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.

(82) "Hair Styling Product" means a consumer product manufactured

on orafterDecember 31, 2006, thatis designed orlabeledfor the application to wet, damp or dry hair to aid in defining, shaping, lifting, styling and/or sculpting of the hair. "Hair Styling Product" includes, but is not limited to hairbalm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle, and leave-in volumizers, detanglers and/or conditioners that make styling claims. "Hair Styling Product" does not include "HairMousse," "HairShine," "HairSpray," or shampoos and/or conditioners that are rinsed from the hair prior to styling.

For the purposes ofthis subchapter, "finish" or "finishing" means the maintaining and/or holding ofpreviously styled hair for a period oftime.

For the purposes of this subchapter, "styling" means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.

(83) "Heavy-Duty Hand Cleaner or Soap" means a product designed
to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use ofwater. "Heavy-dutyHand Cleaner or Soap" does not include prescription drug products, "Antimicrobial Hand or Body Cleaner or Soap," "Astringentffoner," "Facial Cleaner or Soap," "General-useHand orBody CleanerorSoap," "Medicated Astringent/Medicated Toner" or "Rubbing Alcohol."

(84) "Herbicide" means a pesticide product designed to kill or retard

a plant's growth, but excludes products that are: (A) for agricultural use,

or (B) restricted materials that require a permit for use and possession.

(85) "High-Temperature Coating" means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).

(86) "Household Product" means any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings.

(87) "Industrial Maintenance Coating" means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats formulated for applicationto substrates, including floors, exposed to one or more ofthe following extreme environmental conditions listed below and labeled "For industrial use only;" "For professional use only;" "Not for residential use;" or "Not intended for residential use."

(A) Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposure ofinterior surfaces to moisture condensation; or

(B) Acute or chronic exposure to corrosive, caustic or acidic agents,

or to chemicals, chemical fumes, or chemical mixtures or solutions; or

(C) Frequent exposure to temperatures above 121°C (250°F); or (D) Frequentheavy abrasion, includingmechanical wear and frequent scrubbing with industrial solvents, cleansers, or scouring agents; or

(E) Exterior exposure ofmetal structures and structural components. (88) "Insect Repellent" means a pesticide product that is designed to be applied on human skin, hair or attire worn on humans in order to prevent contact with or repel biting insects or arthropods.

(89) "Insecticide" means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are: (A) for agricultural use, or (B) for a use which requires a structural pest controllicense under Chapter 14 (commencing with Section 8500) of the Business and Professions Code, or (C) restricted materials that require a permit for use and possession.

(90) "Insecticide Fogger" means any insecticide product designed to release all ormost ofits content, as a fog ormist, into indoor areas during

a single application.

(91) "InstitutionalProduct" or "Industrial andInstitutional (1&1) Product" means a consumer product that is designed for use.in the maintenance or operation of an establishment that: (A) manufactures, transports, or sells goods or commodities, or provides services for profit; or (B) is engaged in the nonprofit promotion of a particularpublic, educational, or charitable cause. "Establishments" include, butare not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theatres, or transportation companies. "Institutional Product" does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.

(92) "Label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on,
or appearing upon any consumer product or consumer product package, for purposes ofbranding;identifying, or giving information withrespect to the product or to the contents of the package.

(93) "Laundry Prewash" means a product that is designedfor application to a fabric prior to laundering and that supplements and contributes
to the effectiveness of laundry detergents and/or provides specialized performance.

(94) "Laundry Starch/Sizing/Fabric Finish Product" means a product thatis labeledfor application to a fabric, eitherduring orafterlaundering,
to impart and prolong a crisp, fresh look and may also act to help ease ironing ofthe fabric. "Laundry Starch/Sizing/Fabric Finish Product" includes, but is not limited to, starch, sizing, and fabric finish.

(95) "Lawn and Garden Insecticide" means an insecticide product labeled primarily to beused inhousehold lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the requirements of section 94512(a) aerosol "Lawn and Garden Insecticide" may claim to kill insects or other arthropods.

(96) "Liquid" means a substance ormixture ofsubstances which is capable of a visually detectable flow as determined under ASTM D-4359-90 (May 25, 1990) Standard Test Method for Determining Whether a Material Is a Liquid or a Solid, which is incorporatedbyreference herein. "Liquid" does not include powders or other materials that

are composed entirely of solid particles.

(97) "Lubricant" means a product that reduces friction, heat, noise, or
wear between moving parts, or loosens rusted or immovable parts or mechanisms. "Lubricant" does not include automotive power steering



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fluids; products for useinsidepowergeneratingmotors, engines, and turbines, and their associated power-transfer gearboxes; two cycle oils or other products designed to be added to fuels; products for use on the humanbody oranimals orproducts that are (1) soldexclusivelytoestablishments which manufacture orconstructgoods or commodities, and (2) labeled "not for retail sale." (98) "LVP-VOC" means a chemical "compound" or "mixture" that contains at least one carbon atom and meets one ofthe following:

(A) has a vapor pressure less than 0.1 mm Hg at 20° C, as determined by ARB Method 31 0; or

(B) is a chemical "compound" with more than 12 carbon atoms, or a chemical "mixture"comprised solely of"compounds" with more than 12 carbon atoms, as verifiedbyformulation data, andthe vapor pressure and boiling point are unknown; or

(C) is a chemical "compound" with a boiling point greater than 216° C, as determined by ARB Method 310; or

(D) is the weightpercentofa chemical "mixture"thatboils above 216° C, as determined by ARB Method 310.

For the purposes of the definition of LVP-VOC, chemical "compound" means a molecule of definite chemical formula and isomeric structure, and chemical "mixture" means a substance comprised oftwo

or more chemical "compounds."

(99) "Manufacturer" means any person who imports, manufactures, assembles, produces, packages,repackages, orrelabels a consumerproduct.

(100) "Medicated Astringent/Medicated Toner" means any product regulated as a drug by the Food and Drug Administration (FDA) which is applied to the skin for the purpose of cleaning or tightening pores. "Medicated Astringent/MedicatedToner" includes, but is notlimitedto, clarifiers and substrate-impregnated products. "Medicated Astringent/ Medicated Toner" does not include hand, face, or body cleaner or soap products, "Personal Fragrance Products," "Astringent/Toner," cold
cream, lotion, antiperspirants, or products that must be purchased with

a doctor's prescription.

(101) "Metal Polish/Cleanser" means any product designed primarily
to improve the appearance offinished metal, metallic, or metallized surfaces by physical or chemical action. To "improve the appearance"

means to remove orreduce stains, impurities, oroxidation from surfaces

orto make surfaces smooth and shiny. "MetalPolish/Cleanser" includes, butis notlimited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. "Metal Polish/Cleanser" does not include "Automotive Wax, Polish, Sealant or Glaze," Tire or Wheel Cleaner," "PaintRemover or Stripper," products designed andlabeled exclusively for automotive and marine detailing, or products designed for use in degreasing tanks.

(1 02) "MistSpray Adhesive" means any aerosol adhesive which is not

a "SpecialPurpose Spray Adhesive" and which delivers a particleormist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.

(103) "MotorVehicle Wash" means a product designed or labeled to wash, wash and wax, wash and shine, or wash and/or clean the exterior surface of motor vehicles. "Motor Vehicle Wash" includes, but is not limited to, products for use in commercial, fleet, hand, and "dtive through" carwashes; commercial truck washing orlarge vehicle washing stations; vehicledealers and repair shops as well as products intendedfor household consumer use. "Motor Vehicle Wash" does not include "Bug and TarRemover," "Glass Cleaner," "Tire orWheel Cleaner,'' and products labeled for use exclusively on locomotives or aircraft.

(1 04) "Multi-purpose Dry Lubricant" means any lubricant which is: (A) designed or labeled to provide lubricity solely by depositing a thin film of graphite, molybdenum disulfide ("moly"), or polytetrafluoroethylene or closely related fluoropolymer ("teflon") on surfaces, and (B) designed or labeled for general purpose lubrication, or for use in a wide variety of applications. • (105) "Multi-purposeLubricant" means any lubricantdesigned orlabeled for general purpose lubrication, or a lubricant labeled for use in a wide variety of applications. "Multi-purpose Lubricant" does not include "Multi-purpose Dry Lubricant," "Penetrant," or "Silicone-based Multi-purpose Lubricant."

(106) "Multi-putpose Solvent" means: (A) for products manufactured before January 1, 2008: any organic liquid designed to be used for a variety ofpurposes, including cleaning

ordegreasing ofa variety ofsubstrates, orthinning, dispersing ordissolving other organic materials. "Multi-purpose Solvent" includes solvents used ininstitutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories. "Multipurpose Solvent" does not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manufacture

or construction of, the goods or commodities at the site ofthe establishment.

(B) for products manufactured on or after January 1, 2008: any liquid product designed or labeled to be used for dispersing, dissolving, or removing contaminants or other organic materials. "Multi-purpose Solvent" also includes: 

### 1. products that do not display specific use instructions on the product container or packaging, 2. products that do not specify an end-use function or application on the product container or packaging, 3. solvents usedininstitutional facilities, exceptfor laboratory reagents used in analytical, educational, research, scientific or other laboratories, 4. "Paintclean-up"products, and 5. products labeledto prepare surfaces for painting. Forthepurposes ofthis definition only, "Paint clean-up" means any liquid product labeled for cleaning oil-based or water -basedpaint, lacquer, varnish, orrelatedcoatingsfrom, butriotlimited to, painting equipment ortools, plastics, or metals. "Multi-purpose Solvent" does notinclude solvents used in cold cleaners, vapor degreasers, conveyorizeddegreasers orfilm cleaning machines, solvents labeled exclusively for the clean-up of application equipment used for polyaspartic and polyurea coatings, or solvents that are incorporated into, or used exclusivelyinthemanufacture orconstruction of, the goods

# orcommodities at the site ofthe establishment. "Multi-purpose Solvent'; also does not include any product making any representation that the product may be used as, or is suitable for use as a consumer product which qualifies under anotherdefinitionin section 94508; suchproducts arenotMulti-purpose Solvents and are subject to the "Most Restrictive Limit" provision of section 94512.

(107) "Nail Polish" means any clear or colored coating designed for application to the fingernails ortoenails and includingbut not limited to, lacquers, enamels, acrylics, base coats and top coats. (1 08) "NailPolish Remover" means a product designed to remove nail polish and coatings from fingernails or toenails.

(109) "Non-Carbon Containing Compound" means any compound which does not contain any carbon atoms.

(110) "Non-SelectiveTerrestrialHerbicide" means a terrestrialherbicide product that is toxic to plants without regard to species.

(111) "Odor Remover/Eliminator" means a product that is designed

orlabeled to be applied exclusively to hard surfaces to inhibit the ability of soils to create malodors, or functions to entrap, encapsulate, neutralize, convert or eliminate malodor molecules. "Odor Remover/Eliminator" does not include products designed or labeled for use in cleaning soils fromhard smfaces, laundeting, softening, de-wrinkling orcleaning fabrics, or dishwashing, or products that are defined as "AirFreshener," "Bathroom andTileCleaner." "Carpet/UpholsteryCleaner," "FabricRefresher," "General Purpose Cleaner," "Toilet/Urinal Care Product," "Disinfectant," or "Sanitizer."

(112) "OvenCleaner" means any cleaningproductdesigned orlabeled
to clean and to remove dried orbaked on food deposits from oven walls.

(113) "Paint" means any pigmentedliquid, liquefiable, ormastic composition designed for application to a substrate in a thin layer which is



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converted to an opaque solidfilm after application and is usedfor protection, decoration or identification, or to serve some functional purpose such as the filling orconcealing ofsurface irregularities orthe modification oflight and heat radiation characteristics. (114) "Paint Remover or Stripper" means any product designed to strip orremovepaints or otherrelated coatings, by chemical action, from

a substrate without markedly affecting the substrate. "Paint Remover or Stripper" does not include "Multi-purpose Solvent," paint brush cleaners, products designed and labeled exclusively as "Graffiti Remover," and hand cleaner products that claim to remove paints and other related -coatings from skin.- (115) "PaintThinner" means any liquid product used for reducing the viscosity of coating compositions or components, that prominently displays the term "Paint Thinner," "Lacquer Thinner," "Thinner," or "Reducer" on the front panel ofits packaging. "Paint Thinner" does not include any ofthe following products:

(A) "Artist's Solventffhinner;" (B) products that are sold in containers with a capacity of5 gallons or
more and labeled exclusively for the thinning oflndustrial Maintenance Coatings, Zinc-Rich Primers, or High Temperature Coatings;

(C) products labeled and used exclusively as an ingredientina specific coating orcoatingbrandline, whereby the coating wouldnotbecomplete

or useable without the specific ingredient;

(D) products that meet both of the following criteria: 1. the Principle Display Panel ofthe product displays, in a font size as large as, or larger than, the font size of all other words on the panel, language that the product is used exclusively for the thinning of Industrial Maintenance Coatings, Zinc-Rich Primers, or High Temperature Coatings, and

2. no representation is made anywhere on the product container or packaging, or any label or sticker attached thereto, that theproductis suitable for use or may be used for any other purpose except the thinning of Industrial Maintenance Coatings, Zinc-Rich Primers, or High Temperature Coatings.

(116) "Penetrant" means a lubricant designed or labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation,

orothercauses. "Penetrant" does notinclude "Multi-purposeLubricant" that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.

(117) "Person" shall have the same meaning as defined in Health and Safety Code Section 39047.

(118) "Personal Fragrance Product" means any product which is applied to the human body or clothing for the primary purpose ofadding

a scent or masking a malodor, including, but not limited to, cologne, perfume, aftershave, toiletwater, lotion, powder, body mist, and body spray. "Personal Fragrance Product" does not include: (A) Deodorant, as defined in section 94501(d), (B) medicated products designed primarily to alleviate fungal orbacterial growth on feet or other areas ofthebody; (C) mouthwashes, breath fresheners and deodorizers; (D) lotions, moisturizers, powders or other skin care products designed or labeled to be used primarily to alleviate skin conditions such as dryness and irritations; (E) products designed exclusively to be applied to human genitalia areas, undergarments, and any paper products, napkins or other products that are affixed to undergarments, such as sanitary pads; (F) soaps, shampoos, and products primarily used to clean the human body; and (G) fragrance products designed to be used exclusively on non-human animals.

(119) "Pesticide"means and includes any substance ormixture ofsubstances labeled, designed, or intended for use in preventing, destroying, repelling, or mitigating any pest, or any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant,

orplantregulator, provided that the term "pesticide" will not include any substance, mixture ofsubstances, or device which the United States Environmental Protection Agency does not consider to be a pesticide.

(120) "Pressurized Gas Duster" means a pressurized product labeled
to remove dust from a surface solely by means of mass air or gas flow, including surfaces such as photographs, photographic film negatives, computer keyboards, and other types of swfaces that cannot be cleaned with solvents. "Pressurized Gas Duster" does notinclude "DustingAid," "General Purpose Cleaner," "Electrical Cleaner," "Electronic Cleaner," "Energized Electrical Cleaner," or "Anti-Static Product." Pressurized Gas Duster does notinclude products labeled exclusively to remove dust from equipment where dustremovalis accomplished when: electric current exists; residual electrical potential from a component such as a capacitor exists; or an open flame exists, as long as the "Principal Display Panel" clearly displays the statement: "Energized Equipment use only."

(121) "Principal Display Panel or Panels" means that part, or those parts 

### of a labeltba:t a:te so designed as to most likelybe displayed, presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the "principal display panel" shall pertain to all such "principal display panels."

(122) "Product Brand Name" means the name ofthe product exactly

as it appears on the principal display panel of the product.

(123) "Product Category" means the applicable category which best describes the product as listed in this Section 94508.

(124) "Product Form," for the purpose of complying with Section 94513 only, means the applicable forrri which most accurately describes the product's dispensing form as follows:

A 

### = Aerosol Product 

### S Solid P Pump Spray L Liquid 

### SS Semisolid 0 Other (125) "Propellant" means a liquefied or compressed'gas that is used in whole orinpart, such as a cosolvent, to expel a liquid or any othermaterial from the same self-pressurized container or from a separate container.

(126) "Pump Spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

(127) "Responsible Party" means the company, firm or establishment which is listed on the product's label. 

### If the label lists two companies, firms orestablishments, theresponsibleparty is the party which the product was "manufactured for" or "distributed by," as noted on the label.

(128) "RestrictedMaterials"means pesticides established as restricted materials under Title 3, California Code ofRegulations, section 6400.

(129) "Retailer" means any person who sells, supplies, or offers consumer products for sale directly to consumers.

(130) "Retail Outlet" means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers.

(131) "Rubber/Vinyl Protectant" means: (A) for products manufactured before December 31, 2008: any product designed to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products such as vinyl
covers, clothing, and accessories. "Rubber/VinylProtectant" does notinclude products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on the tire.

(B) for products manufactured on or after December 31, 2008: any productlabeledto protect, preserve orrenew viny1, orrubber onvehicles, tires, luggage, furniture, and/orhousehold products such as vinyl covers, clothing, or accessories. "Rubber/Vinyl Protectant" does not include: products labeledto clean the wheelrim, such as aluminum ormagnesium wheel cleaners; tire cleaners that do not leave an appearance-enhancing

or protective substance oh the tire; pigmented products designed or labeled to be used primarily for coloring; products used for construction, reconstruction, modification, structural maintenance or repair ofrubber

orvinyl substrates; orproducts, otherthanthose labeledto beused on ve

### Page380 Register 2010, No. 52; 12-24-2010 

# ()**··--~-··**



# (J

### Title 17 Air Resources Board 

### § 

### 94508

hicle tires, qualifying as either "Clear Coating" or "Vinyl/Fabric!Leather/Polycarbonate Coating" under section 94521(a). (132) "Rubbing Alcohol" means any product containing isopropyl alcohol (also called isopropanol) ordenatured ethanol and labeledfor topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage.

(133) "Sanitizer" means a product that is labeled as a "sanitizer," or is labeledto reduce, butnotnecessarily eliminate, microorganisms inthe air, on surfaces, or on inanimate objects, and whose label is registered as
a "sanitizer" under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. section 136 et seq.). Products that are labeled as both a "sanitizer" and a "disinfectant" are considereddisinfectants. "Sanitizer" does not include (A) "Disinfectant," (B) products labeled solely for use on humans or animals, (C) products labeled solely for agricultural
use, (D) products labeled solely for use in swimming pools, therapeutic tubs, orhot tubs, (E) products which are labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces, (F) products which arepre-moistened wipes or towelettes soldexclusively to medical, convalescent or veterinary establishments (G) products which are labeledto be applied to food-contact surfaces and are notrequired to berinsed priorto contact with food, or (H) products which

are labeled as "Bathroom and Tile Cleaner," "Glass Cleaner," "General Purpose Cleaner," "Toilet/Urinal Care Product," "Metal Polish," "Carpet Cleaner," or "Fabric Refresher" that may also make sanitizing or anti-microbial claims on the label.

(134) "Sealant or CaulkingCompound" means any productwith adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps orjoints between two surfaces. "Sealant or Caulking Compound" does not include roof cements and roof sealants; insulating foams; removable caulking compounds; clear/paintable/water resistant caulking compounds; floor seam sealers; products designed exclusively for automotive uses; or sealers that are applied as continuous coatings. "Sealant

or Caulking Compound" also does not include units of product, less packaging, which weigh more than one pound and consist ofmore than 16 fluid ounces. For the purposes ofthis definition only:

"Removable caulking compounds" means a compound which temporarily seals windows or doors for three to six month time intervals. "Clear/paintable/water resistant caulking compounds" means a compound which contains no appreciable level ofopaque fillers orpigments; transmits most ofall visible light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application.

"Sealant or Caulking Compound" is divided into two subcategories: (A) "Chemically Curing Sealant or Caulking Compound" means any "Sealant or Caulking Compound" which achieves its final composition and physical form through a chemical curing process, where product ingredients participate in a chemical reaction in the presence ofa catalyst that causes a change in chemical structure and leads to the release of chemical byproducts. "Chemically Curing Sealant or Caulking Compound" includes, butis not limitedto, products that utilize silicone, polyurethane, silyl-terminated polyether, or silyl-terminated polyurethane reactive chemistries. "Chemically Curing Sealant or Caulking Compound" does not include products which are not solely dependent on a chemically curing process to achieve the cured state.

(B) "Non-ChemicallyCuring SealantorCaulkingCompound" means any "Sealant or Caulking Compound" not defined under "Chemically Curing Sealant or Caulking Compound."

(135) "Semisolid" means a productthat, at room temperature, will not pour, but will spread or deform easily, including but not limited to gels, pastes, and greases.

(136) "Shaving Cream" means an aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal offacial or otherbodily hair. "Shaving Cream" does not include "Shaving Gel."

(137) "Shaving Gel" means an aerosol product which dispenses a post-foaming semi-solid designed to be used with a blade, cartridge razor, or other shaving system in the removal offacial or other bodily hair. "Shaving Gel" does not include "Shaving Cream."

(13 8) "Silicone-basedMulti-purposeLubricant" means anjjlUbricant which is: (A) designed andlabeledto providelubricityprimarily through the use of silicone compounds including, but not limited to, polydimethylsiloxane, and (B) designed and labeled for general purpose lubrication, orfor use in a wide variety ofapplications. "Silicone-basedMultipurpose Lubricant" does not include products designed and labeled exclusively to release manufactured products from molds.

(139) "Single Phase Aerosol Air Freshener" means an aerosol air freshenerwith the liquid contents in a singlehomogeneous phase and which does not require that the product container be shaken before use.

(140) "Solid" means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D-4359-90 (May 25, 1990) Standard Test Method for Determining Whether a Material Is a Liquid or a Solid, which is incorporated by reference herein.

(141) "Special Purpose Spray Adhesive" means an aerosol adhesive that meets any ofthe following definitions:

(A) "Mounting Adhesive" means an aerosol adhesive designedto permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) without causing discoloration to the artwork.

(B) "Flexible Vinyl Adhesive" means an aerosol adhesive designed to bond flexible vinyl to substrates. Flexiblevinylmeans anonrigidpolyvinyl chloride plastic with at least five percent, by weight, of plasticizer
content. A plasticizer is a material, such as a high boiling point organic solvent, that is incorporated into a vinyl to increase its flexibility, workability, or distensibility, and may be determined using ASTM Method E260-91 (Jan. 25, 1991) Standard Practice for Packed Column Gas Chromatography, which is incorporated by reference herein, or from product formulation data.

(C) 

### "Polystyrene Foam Adhesive" means an aerosol adhesive designed to bond polystyrene foam (e.g. Styrofoam®, expanded polystyrene foam, etc.) to substrates.

(D) "Automobile Headliner Adhesive" means an aerosol adhesive designed to bond together layers in motor vehicle headliners.

(E) "Polyolefin Adhesive" means an aerosol adhesive designed to bond polyolefins (e.g. polyethylene, polypropylene, etc.) to substrates.

(F) "Laminate Repair/Edgebanding Adhesive" means an aerosol adhesive designed for: 1. the touch-up or repair ofitems laminated with high pressure laminates (e.g. lifted edges, delaminations, etc.), or for

2. the touch-up, repair, or attachment of edgebanding materials, including, but not limited to, other laminates, synthetic marble, veneers, wood moulding, and decorative metals.

For the purposes of this definition "high pressure laminate" means sheet materials which consist ofpaper, fabric, or other core material that have been laminated at temperatures exceeding 265 degrees F, and at pressures between 1,000 and 1,400 psi:

(G) "Automotive Engine Compartment Adhesive" means an aerosol adhesive designed for use in motor vehicle under-the-hood applications which requireoil andplasticizerresistance, as well as high shearstrength, at temperatures of200-275° F.

(142) "Spot Remover" means any product labeled to clean localized
areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, orclothing, that does not require subsequent laundering to achieve stain removal. "Spot Remover" does not include "Dry Cleaning Fluid," "Laundry Prewash," or aerosol products labeled solely for gum removal.

(143) "Spray Buff Product" means a product designed to restore a
worn floor finish in conjunction with a floor buffingmachine and special pad.



### Page381 Register 2010, No. 52; 12-24-2010

### § 94508 

### BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

(144) "Table B Compound" means any carbon-containing compound listed as an exception to the definition ofVOC in Section 94508.

(145) "Temporary Hair Color" means any product that applies color, glitter, orUV-activepigments to hair, wigs, orfur and is removablewhen washed. "Temporary Hair Color" includes hair color mousses and products labeled to add texture or thickness to cover thinning/balding areas. "Temporary Hair Color" does not include "Hair Spray," "Hair Styling Product," or "Hair Mousse."

(146) "Ten·estrial" means to live on or grow from land. (147) "Tire or Wheel Cleaner" means a produCt designed or labeled exclu-sively to clean eithertires-, wheels, orboth. "TireorWheel Cleaner" includes, butisnotlimitedto, products for useincommercial, fleet, hand, and "drive-through" car washes; commercial truck washing orlarge vehicle washing stations; vehicle dealers andrepair shops, as well as household consumerproducts. "Tire orWheel Cleaner" does notincludeproducts labeled for use exclusively on locomotives or aircraft.

(148) "Tire Sealant and Inflator" means any pressurized product that is designed to temporarily inflate and seal a leaking tire.

(149) "Toilet/Urinal CareProduct" means any product designed orlabeled to clean and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals includes, butis notlimited to, toilets

orurinals connected to permanentplumbing in buildings and other structures, portable toilets or minals placed at temporary or remote locations, and toilet or urinals invehicles such as buses, recreational motorhomes, boats, ships, and aircraft. "Toilet/Urinal Care Product" does notinclude "Bathroom and Tile Cleaner" or "General Purpose Cleaner."

(150) "Type A Propellent" means a compressed gas such as 

### COz, Nz, N2

### 0, or compressed air which is used as a propellent, and is eitherincorporated with the product or contained in a separate chamber within the product's packaging.

(151) 'Type B Propellent" means any halocarbon which is used as a propellent including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

(152) "Type C Propellent" means any propellent which is not a Type A orType B propellent, including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide).

(153) "Undercoating" means any aerosol product designed to impart

a protective, non-paint layer to the undercarriage, trunk intetior, and/or firewall of motor vehicles to prevent the formation ofrust or to deaden sound. "Undercoating"includes,butis notlimited to, rubbetized, mastic,

or asphaltic products.

(154) "Usage Directions" means the text or graphics on the product's principal display panel, label, or accompanying literature which describes to the enduserhow and inwhat quantity theproductis to beused.

(155) "Volatile Organic Compound (VOC)" means arty compound containing at least one atom ofcarbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following:

(A) methane, methylene chloride (dichloromethane), 1,1, !-trichloroethane (methyl chloroform), trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), 1,1 ,2-trichloro-1,2,2-trifluoroethane (CFC-113), 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1, 1,2-tetrafluoroethane (HCFC-124), · trifluoromethane (HFC-23), 1,1,2,2-tetrafluoroethane (HFC-134 ), 1,1,1,2-tetrafluoroethane (HFC-134a), pentafluoroethane (HFC-125), 1,1 ,1-tdfluoroethane (HFC-143a), 1,1-difluoroethane (HFC-152a), ethoxy-nonafluorobutane (HFE 7200), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons: 1. cyclic, branched, or linear, completely fluorinated alkanes; 2. cyclic, branched, or linear, completely fluorinated ethers with

no unsaturations; 3. cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and 4. sulfur...:containirig perflliorocatbons with no unsatura:tions and with the sulfur bonds to carbon and fluorine, and (B) the following low-reactive organic compounds which have been exempted by the U.S. EPA: acetone, ethane, methyl acetate parachlorobenzotrifluoride (1-chloro-4-tdfluoromethyl benzene), perchlorethylene (tetrachlorethylene). (156) "VOC Content" means the total weight ofVOC in a product expressed as a percentage ofthe product weight (exclusive ofthe container

or packaging), as determined pursuant to sections 94515(a) and (b).

(157) "Wasp and Hornet Insecticide" means any insecticide product thatis designed for use against wasps, hornets, yellowjackets orbees by allowing theuserto spray from a di.stance a directed stream orburst at the intended insects, or their hiding place. (158) "Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates. "Waterproofer" does not include "Fabric Protectant."

(159) "Wax" means a matedal or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics). "Wax" includes, butis not limited to, substances derived from the secretions ofplants and animals such as carnuba wax and**bees~** wax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.

(160) "Web SprayAdhesive" means any aerosol adhesive whichis not

a "Mist Spray Adhesive" or "Special Purpose Spray Adhesive."

(161) "Windshield Water Repellent" means a product designed or labeled exclusively to repel water from motor vehicle exterior automotive glass surfaces; "Windshield Water Repellent" does not include "Automotive Windshield Washer Fluid."

(162) "Wood Cleaner" means aproductlabeledto cleanwooden materials including but not limited to decking, fences, flooring, logs, cabinetry, andfurniture. "WoodCleaner" does notinclude "DustingAid," General Purpose <;:leaner," "Furniture Maintenance Product," "Floor Wax Stripper," "Floor Polish or Wax," or products designed and labeled exclusively to preserve or color wood.

(163) "Zinc-RichPrimer" means a coatingthatmeets all thefollowing specifications: (A) coatingcontains at least 65 percentmetallic zincpowder or zinc dust by weight of total solids; and (B) coating is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent applications ofcoatings; and (C) coating is intended for professional use only and labeled "For Professional Use Only;" "ForIndustdal Use Only;" "Not for residential use;" or "Not intended for residential use."
NOTE: Authority cited: Sections 38501, 38510, 38560, 38560.5, 38562, 38580, 39600, 39601 and 41712, Health and Safety Code; Reference: Sections 38501, 38510, 38560, 38560.5, 38562, 38580, 39002, 39600,40000 and 41712, Health and Safety Code.
HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendmentofsubsection (a)(2),repealer and new subsections (a)(1)-(71), and

new subsections (a)(72)-(93) filed 12-7-92; operative 1-6-93 (Register 92, 

### No. so).

Page382 Register 2010, No. 52; 12-24-2010

### Title 17 Air Resources Board 

### § 94509

3. Repealer of subsection (a)(90) and new subsections (a)(90)-(a)(90)(B) filed

2-29-96; operative 3-30-96 (Register 96, No. 9). 4. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government

Code section 11343.4(d) (Register 97, No. 47). 5. New subsections (a)(2), (a)(9), (a)(12), (a)(14)-(17), (a)(20), (a)(23), (a)(36),

(a)(39), (a)(42)(A)-(C), (a)(44), (a)(49), (a)(57), (a)(58), (a)(62), (a)(64), (a)(65), (a)(77), (a)(80)-(85), (a)(90), (a)(93), (a)(94), (a)(l08)-(110), (a)(112), (a)(115), (a)(118), (a)(122), repealer offormer subsection (a)(67), subsection renumbering, and amendment ofnewly designated subsections (a)(26), (a)(42) and (a)(126) filed 7-17-98; operative 8-16-98 (Register 98, No. 29). 6. Amendment ofsubsection (a)(124)(B) filed 5-25-99; operative 6-24--99 (Register 99, No. 22). 7. Amendment of subsections (a)(78)-(a)(78)(B) and new subsections

(a)(78)(C)-(D) filed 11-16-99; operative 12-16-99 (Register 99, No. 47). 8. Amendment implementing Mid-Term Measures II filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42). 9. Amendment ofsubsection (a)(l), new subsection (a)(3), subsection relettering,

amendment ofnewly designated subsections (a)(30) and (a)(53), new subsections (a)(84), (a)(118)-(a)(l18)(G) and (a)(134) and further subsectionrelettering filed 4--18-2001; operative 5-18-2001 (Register 2001, No. 16). 10. Amendment filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25). 11. Amendment filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45). 12. Amendment of section and NOTE filed 6-18-2009; operative 7-18-2009

(Register 2009, No. 25). 13. Amendment ofsubsections (a)(2)(A), new subsections (a)(13)-(14), (a)(85), (a)(87)-(a)(87)(E) and (a)(163), subsection renumbering, amendment ofnewly designated subsections ((a)(15), (a)(21)(A), (a)(22)(A), (a)(28), (a)(41), (a)(61)(C), (a)(67), (a)(81)(B), (a)(96), (a)(106)(B) and (a)(115), new subsections (a)(115)(A)-(a)(115)(D)(2.) and amendment ofnewly designated subsections (a)(127), (a)(140) and (a)(141)(B) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
14. Editorial correction of subsection (a)(41) (Register 2010, No. 42). 15. Change without regulatory effect amending subsection (a)(106)(B) and redesignating former subsections (a)(115)(D)(l.)-(2.) and (a)(141)(F)(l.)-(2.) as subsections (a)(l15)(D)l.-2. and (a)(141)(F)l.-2. filed 12-23-2010 pursuant to section 100, title 1, California Code ofRegulations (Register 2010, No. 52).

§ 

### 94509. Standards for Consumer Products.

(a) Except as provided in Sections 94510 (Exemptions), 94511 (Innovative Products), 94514 (Variances), 94540 through 94555 (Alternative Control Plan), and 94567(a)(l) (Hairspray Credit Program), Title 17, California Code of Regulations, no person shall sell, supply, offer for sale, or manufacture for sale in California any consumer product which,
at the time of sale or manufacture, contains volatile organic compounds in excess ofthe limits specified in the following Table ofStandards after the specified effective dates.



### Page383 Register 2010, No. 52; 12-24-2010

### § 94509 

### BARCLAYS CALIFORNIA CODE OF REGULATIONS

Table of Standards Percent Volatile Organic Compounds by Weight

Product Category

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
[**See 94509(i), 94512(d), and 94513(d) for additional requirements that apply to aerosol adhesive.] Effective Datel

111195 11112002 1/112002

1/112002 1/112002 11112002 

## voc Standard2

75 65 55

70 65 60**c~~st~~ci:i~~, ·P~ei,'** **~~ci i=<i~~~** **c·o·v·e~i~i#** .............................

# iili95

. ......................................'4ci

..... .

[#See section 94509(k) for the effective date ofthe VOC limit for certain types of "Construction, Panel, and Floor Covering Adhesive, and section 94509(p) for additional requirements that apply to Construction, Panel, and Floor Covering Adhesive.] 12/31/2002 15 12/31/2008 7

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 00 •••••••••••••••••••••••••••••••••••••••••••••••• 0 Contact## 1/1195 80

Contact Adhesive- General Purpose 12/31/2006 55 Contact Adhesive- Special Purpose 12/3112006 80
[##See sections 94509(m) and 94512(d) for additional requirements that apply to Contact Adhesive.]

General Purpose

*See sections 94510(i) for an exemption that applies to adhesives sold in containers of one fluid ounce or less.

Adhesive Remover*:

Floor or Wall Covering Adhesive Remover 111195 10

12/31/2006 5

· ·**a~sic~t ~~** **Thr~~ct ·i~~ki~g** 

## .**.A.cti-t~~i~~·R.~~~v'e~** · · · · · · · · · · · · · · · · · · · · · · · ·i2t3'1i2666 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·

# ·so ······

· ·**a~~;r;u- :P~;.p~;;** **A.cth~~i;; R.~~~v'~r·**  · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·i2t3.1i2666 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

## 'ici ······

· ·**sp~~i~lty Actl;;siv'~** **Re~~~~;** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·i2i3.1i2666 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

## '?ci ······**i*s~~****~~~ti~~~ 945o9(~)** **~~ci** 945.12(ct)**r~; ~cicii'ti~~;l·r~q~ir~~~~t~**  · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · that apply to Adhesive Remover.]

Aerosol Cooking Spray

AirFreshener*:

Double Phase Aerosol [*See section 94509(t) for additional requirements that apply to Double Phase Aerosol Air Freshener.] 111195

111193 12/3112004 12/3112012 18

30 25 20

..**si~gie. r1;~;e·** **A.~~~~~~·** 

## ...........................................iiii93

....................................... 

## '?ci

..... .

-- - - - - - - -- - - 1/1196

- -30



## ··**D~ai ·P~rP~~~** **·A~:F;e~h~~~;/Di~i~f~~t~t ~~;~s.oi**  ........... · · · · .. · ....iiii94 · · ............. · · · · · · · · ........ · · · · · · · · 

## '6ci

..... .

••••• •••• ••••••••••• ••••• 00 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

liquid/pump spray 1/1193 18

· ·**~;iictis~~~~iid**· · · · .... · · · · · · ..... · · · · · · · · · · ....... · · · · · · · · · ....iiii93 · · · · · ......... · · · · · · · · · · · · · .... · · · · · · · · 

## '3 ·······

[*See sections 94510(f) and 94510(g)(2) for exemptions that apply to certain Air Fresheners, and 94509(o) for additional requirements that apply to Air Freshener.]

Anti-static Product:

aerosol 12/31/2008 80



## ....... ············· 

### ................................................................................................

non-aerosol 12/31/2006 11
Astringent/Toner (Non-FDA regulated)

Automotive Rubbing or Polishing Compound

Automotive Wax/Polish/Sealant/Glaze:

all other forms 12/31/2010 35

11112005 

### 17

1/1/2005 15



### ................................................................

## ·······

.................. 

## ······ .................... .

hard paste wax 111/2005 45

· ·**i~;t;~i ct~iail~~**  · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·iiii2ooi · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

## ·3 ······· Title 17

Page384 Register 2010, No. 52; 12-24-2010 

# ()

### Title 17 Air Resources Board

Product Category

Automotive Windshield Washer Fluid:

Type "A" areas* Effective Date 1

111193 12/3112008 

## voc Standard2

35 25



### ....................................................................................................................

All other areas** 111193 10

**See section 94508(a)(19), section 94508(a)(20), and section 94509(1) for provisions that apply to Automotive Windshield Washer Fluid.
*Type "A" areas include only the following: 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 ofRegulations, Sections 60105, 60108, 60111, and 60113.

Bathroom and Tile Cleaner*:

aerosol

all other forms

non-aerosol 12/3112002 1

111194 7

1/1/94 5

12/3112008

•••••••••••••••••••• 00 ••••••• 00 0 •• 0 •• 0 ••••••••• 0. 00 00 ••••••••••••••••• 0 ••••• 0 0 •••••••••••••• 0 00.0 00 •• 0 00 •••••••••••• [*See section 94509(p) for additional requirements that apply to Bathroom and Tile Cleaner.]

Brake Cleaner

Bug and Tar Remover

Carburetor orFuel-injection Air Intake Cleaner**

**See section 94509(k) for the effective date ofthe VOC limit for Carburetor or Fuel-injection Air Intake Cleaner.
Carpet/Upholstery Cleaner*:

aerosol

non-aerosol (dilutable)

non-aerosol (ready-to-use)

[*See section 94509(q) for additional requirements that apply to Carpet/Upholstery Cleaner]

Charcoal Lighter Material

Disinfectant:

aerosol

non-aerosol
Dusting Aid:

aerosol

non-aerosol

Electrical Cleaner*
[*See sections 94509(n) and 94512(d) for additional requirements that apply to Electrical Cleaner.]

Electronic Cleaner*
[*See sections 94509(m) and 94512(d) for additional requirements that apply to Electronic Cleaner.] 111197 12/3112002 12/3112008 12/3112010

11112002

111195 12/31/2002 12/31/2008 12/3112010

111/2001 12/3112010

11112001

11112001 12/3112010

See Section 94509(h)

12/3112008

12/3112008

111195 1/1/97 12/3112010

111/95 12/3112010

12/3112006

12/31/2007 50 45 20 10

40

75 45 20 10

7 5

0.1

3 I

70

35 25 17

7 3

45

75 < 

### § 

### 94509

Page385 Register 2010, No. 52; 12-24-2010

### § 

### 94509 BARCLAYS CALIFORNIA CODE OF REGULATIONS

Engine Degreaser:

aerosol

non-aerosol

Fabric-Protectant*

aerosol

non-aerosol Product Categ01y Effective Date1

I/I/93 Il1/96

12/3I/2004 I2/3I/20IO

I2/3I/2004

I/1/95 I/I/97

Il1/95 11I/97 I2/3I/20IO 

## voc Standard2

75 50

35 IO


### 5

75 60

75 60 I

0 •••••••• 0 •••••• 00 00 0 •••••••••••••••••••••••••••••••• 0 •••••••••••••••• 0 ••••••••••••••••••••••••••••••••••••••••••••• [*See section 94509(q) for additional requirements that apply to Fabric Protectant]

Fabric-Refresher:

aerosol

non-aerosol

Fabric Softener- Single Use Dryer Product

Floor Maintenance Product

Floor Polish or Wax:

Resilient Flooring Material

Nonresilient Flooring Material

Wood Floor Wax

Floor Wax Stripper:

non-aerosol

Footwear orLeather Care Product*:

aerosol

solid

all other forms
[*See section 94509(m) for additional requirements that apply to Footwear or Leather Care Product.]

Furniture Maintenance Product:

aerosol

all other forms (except solid/paste forms) I2/3112006

I2/3112006

See Section 94509(s)

I2/31120IO

I11/94 I2/31120IO

I/1194 I2/31/20IO

I/1194 I2/3I/20IO

See Section 94509(j)

I2/31/2006

I2/31/2006

I2/31/2006

I/I/94 I2/31/2004

I/1/94 15

6

7 I

IO I

90 70

75


### 55

IS

25 17

7

0 •••••••••••••••••••••• 00 •••••• 0 •••••••••••••••••••••••••••• 00 00 ••• 00 0 ••••••• 0 00 •••••••••••••••••••••••••••••••• 0. 0 0

non-aerosol (except solid/paste forms) I2/3I/2008 3

General Purpose Cleaner*:

aerosol and non-aerosol

aerosol

non-aerosol
[*See section 94509(p) for additional requirements that apply to General Purpose Cleaner.]

General Purpose Degreaser*:

aerosol

non-aerosol Il1/94

I2/3I/2008

I2/3I/2004

I11/2002 I2/3I/2008 I2/3I/20IO

I2/3I/2004 IO

8

4

50 20 IO

4

••••••••••••••••••••••••••••••••••••••••••••••••••••• 00 0 0 0 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••• [*See section 94509(m) for additional requirements that apply to General Purpose Degreaser.] 

### Title 17



### Page386 Register 2010, No. 52; 12-24-2010 

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# ()

### Title 17

Glass Cleaner:

aerosol Product Category 

### Air Resources Board

Effective Date I

1/1/93 12/31/2012 

### voc Standard2

12 10

· .**~~~~~~~;s~i** ........................................ · .... · . · .. ·iiii93. · · · · .. · . · · · · · · . · · · · ..... · · .... · .... · · · 

## '8 ·······

Graffiti Remover*:

aerosol 111/96 6 12/3112004 4

12/3112006 50

· ·**~~~~~~~;s~i** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · i2t3'1i2666 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

## '3ci ······**[*s~~****~~~ti~~ ·945o9(~j** **[~~ ~ciciiti;~ai** **·r~q~ir~~~~t~** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · that apply to Graffiti Remover.]

Hair Mousse 111/94 16 12/3112002 6

Hair Shine 1/112005 55

Hair Spray 111/93 80 611199 55

Hair Styling Gel 111194 6

Hair Styling Product:

aerosol and pump spray 12/3112006 6

..**~1· ;th~~** **f~~~~** 

## .................................................i2t3'1i2666

................................... 

## 'i

...... .
Heavy-duty Hand Cleaner or Soap 11112005 8

Insect Repellant:

aerosol 111/94 65

Insecticide*:

Crawling Bug Insecticide (all forms): 1/1195 40 111198 20

· ·**~~~;s~i** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·i2t3'1i2664 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

## '1s ······

· ·**Fi~~ ~d** **·ii~k ·I~~~~ti~id~·**  · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·

# iiti95········································is ······

· ·**Hyi~·g· B~g·I~~~~ti~i·d~·** 

## (aii**f;r~~)~** .................................

# iiJi95

. ................................... ···'3s ·.····

· ·**~~~;s·oi** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·i2t3'1i2663 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

## 'is ······



# ..**F~gg~~** 

# .......................................................iiii95

.......................................

# '4s

..... .

· ·**L·a~~ ~d** **·a~ci~n· i~s~~~i~ici~** **(~1i [~~:~~)**  

## ·· · ·· ·· ·· · ·· ·· · · ·· · · · · · ·· · · ·iiii95 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

## 'ici ······

· ·**~~~~~~~;s~i** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·i2t3'1i2663 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

## ·3· ·······

..**w~p ~ct·H:~~~t·I~~~~ti~ict~·**  .....................................iiii2665

..................................... 

## '4ci

..... . 

# ***s~~ ·s~~~i~~~**  .945·I·ocg)(l.) ·a'n·d· 945

## io(k).

# i;r**·~;e~pti~~~ th~t·** **~pply. t~·**  ...................................................... · · · · · · certain insecticides.
Laundry Prewash:

aerosol/solid 111/94 22

..**~l.~th~~ f~~~**  

## .................................................iiii94

.......................................

# 's

...... .

Laundry Starch/Sizing/Fabric Finish Product: 111195 5 12/3112008 4.5

Metal Polish/Cleanser 11112005 30

Motor Vehicle Wash

non-aerosol 12/31110 0.2
Multi-purpose Lubricant*: 1/112003 50

(excluding solid or semisolid products) 12/3112013 25 12/3112015 10**[·;.s~~ ~~~ti~~~**  

## 945o9(ci).**~~ci** 945.13(o·**i;r·~ciciiii~~~i** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · requirements that apply to Multi-purpose Lubricant] 

### § 94509

Page387 Register 2010, No. 52; 12-24-2010

### § 

### 94509 BARCLAYS CALIFORNIA CODE OF REGULATIONS

Product Category
Multi-purpose Solvent* Effective Datel

12/31/2010 12/31/2013 

### voc Standard2 30 3

•• 000 •••••••••••••••••••••••••••••••• •••••• •••••••••••••••••••• 0 0 0 •••••••••••••••••••••••••••• 0 •••••• 0 • •••••••••••••• [*See sections 94509(u) and 94512(e), and 94513(g) for additional requirements that apply to Multi-purpose Solvent.]

Nail Polish Remover

Non-selective Terrestrial Herbicide:

non-aerosol

Odor Remover/Eliminator

aerosol 1/1/94 111/96 12/31/2004 12/31/2007

1/1/2002

12/31/2010 85 75 0 I

3

25

••••••••• 0 •••••••• 00 0 •• 00 00 •••••••••••••••• 0 0 •• ••••••••••••••••• 0 •• •••••••••• 0 00 ••••••••••••••••••••• 0 •••••••• 0 • ••••

non-aerosol 12/31/2010 6

Oven Cleaner*:

aerosol/pump spray 111/93 8

••••••••• 0 ••••••••••••• 00 •• 00 ••• 00 •••••••••• 0 ••••••••••• 0 0 00 ••••••••••••• 00 00 0 00 ••••••••••••••••••••••••••••••••••••

liquid 111/93 5

· ·**~~~:..~~~~s~i ·ci~~l~cti~i** **P~~P ~P~~;** **~~ci** iiciu.ict) · · · · · · · · · · · · · · · · · · · · · · ·i:it3.1i:ioo8 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·**[*s~~****~~~ti~~** 945o9·cp)**r~~ ~cicii.ti~~ai** **·r~q~ir~~~~t~ th~t·** **~pply.** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · to Oven Cleaner.]

Paint Remover or Stripper

Paint Thinner* 1/1/2005

12/31/2010 12/31/2013 50

30 3**i*s~~****~~~ti~~~ 94509(~)·,** **·94s·I·o'c~): 945i2(~),** **·a~·d·** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 945 13(g) for additional requirements that apply to Paint Thinner.]

Penetrant* 1/1/2003 12/31/2013 50 25**i*s~~****~~~ti~~~** 

## 945o9(ci).**~~ci 945.I3(~·** **io~·~ciciiii~~~i** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · requirements that apply to Penetrant]

Personal Fragrance Product*:

products with 20% or less fragrance 111195 1/1/99 80 75



## ....................................................................................................................

products with more than 20% fragrance 111/95 70**II~ ~**  

### _,.***s~~·s~~ti~~~ '94s'1o'ch),'945i6ci);·~ci** 

## 945io(z)[;;**~~~~pti~~s· ~ci**  · · · · · · · · · · · · · · · · · .. · · · · · .. · · · · · · · · · · · · · · · · · .. · · · · · · · · · · · · · · · · · requirements that apply to Personal Fragrance Product.

Pressurized Gas Duster* 12/31/2010**i*s~~****~~~ti~~** 94so9(;)·**~~ci 945io(~)·** **i~r·~ciciiti~~~i** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · .. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · provisions that apply to Pressurized Gas Duster]
Rubber/Vinyl Protectant:

aerosol 1/1/2005 10



## ....................................................................................................................

non-aerosol 1/1/2003 3

Sanitizer:

aerosol 12/31/2008 70

· ·**~~~:..~~~~s~i** · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·i:it3.Ii2oo8 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·

Sealant or Caulking Compound*

all forms 12/31/2002 4



### .................................................................................................................... Chemically Curing

non-aerosol 12/31/2012 3



## .................................................................................................................... Non-chemically Curing

non-aerosol 12/31/2010 1.5**i*s~~****~~~ti~~~** 

## 94so9(ci).**~~ci** 945.I2(ct)**r~; ~cicii·ti~n"ai**  · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · requirements that apply to Sealant or Caulking Compound] 

### Title 17

Page388 Register 2010, No. 52; 12-24-2010 

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### Title 17 Air Resources Board 

### § 94509

Product Category Effective Date 1 

## voc Standard2 Shaving Cream 111/94 5
Shaving Gel 12/31/2006 7 12/3112009 4

Silicone-based Multi-purpose Lubricant: 11112005 60

(excluding solid or semisolid products)
Spot Remover*:

aerosol 111/2001 25 12/3112010 15

non-aerosol 1/1/2001 12/31/2010 8 3
[*See section 94509(q) for additional requirements that apply to Spot Remover]
Temporary Hair Color:

aerosol 12/31/2010 55

Tire or Wheel Cleaner

aerosol 12/3112010 8

non-aerosol 12/31/2010 2

Tire Sealant and Inflator 12/31/2002 20

Toilet/Urinal Care Product:*

aerosol 12/3112006 10

non-aerosol 12/3112006 3
[See section 94509(o) for additional requirements that apply to Toilet/Urinal Care Product]
Undercoating:

aerosol 1/112002 40

Windshield Water Repellent 12/3112010 

### 75

Wood Cleaner:

aerosol 12/31/2006 17

non-aerosol 12/3112006 4

I See section 94509(d) for the effective date ofthe VOC standards for products registered under FIFRA, and section 94509(c) and (d) for the "sell-through" allowed for products manufactured prior to the effective date of standards. 2See section 94510(c) for an exemption that applies to fragrances in consumer products, and section 94510(d) for an exemption that applies to LVP-VOCs.

(b) 

### Products that are dilutedprior to use (1) Except for "Automotive Windshield Washer Fluids (Dilutable)," for consumerproducts for which the label, packaging, or accompanying literature specifically states that the product shouldbediluted with water

or non-VOC solvent prior to use, the limits specified in subsection (a) shall apply to theproduct only after the minimum recommended dilution has taken place. For purposes ofthis subsection (b), "minimum recommended dilution" shall not include recommendations for incidental use ofa concentrated productto deal with limited special application such as hard-to-remove soils or stains. (2) Forconsumer products for which the label, packaging, or accompanying literature states that the product shouldbe diluted with any VOC solvent prior to use, the limits specified in subsection (a) shall apply to the product only after the maximum recommended dilution has taken place. (3) For "AutomotiveWindshieldWasherFluid (Dilutable)" for which the front panel of the product label specifically states that the product should be diluted (e.g. identified as a "concentrate") prior to use;

(A) the VOC limits specified in section 94509(a) shall apply to the product only after the minimum recommended dilution has taken place; (B) for the purpose ofcomplying with the VOClimits specifiedin section 94509(a), different dilution instructions for "TypeA areas" and otherareas ofCaliforniamaybe specified on theproduct label ifthe dilution instructions meet the following criteria: 

### 1. The instructions are readily visible, and 2. The instructions can be easily understood by the consumer, and 3. Theinstructions clearly specify therecommended dilutions to apply in "Type A areas" and in other areas of California, and

If the dilution instructions specified on the product label meet these criteria, the VOC limits specified in section 94509(a) shall apply to the product only after the minimum recommended dilution has taken place for the area in which the product is sold, supplied, or offered for sale.

(4) For products sold inpump spray containers, the VOClimits specified in section 94509(a) shall apply to the productprior to any minimum recommended dilution.

(c) 

### Sell-through of products. (1) 

### Sell-through period. Notwithstanding the provisions of Section 94509(a) or 94509U), a consumer product manufactured priorto each of the effective dates specified for that product in the Table of Standards may be sold, supplied, or offered for sale for up to three years after each of the specified effective dates. This subsection (c) also does not apply
to:(A) any consumerproduct which does not display on the product container or package the date on which the product was manufactured, or a code indicating such date, or

(B) any consumer product on which the manufacturer has used a code indicatingthedate ofmanufacturethatis differentthan the code specified in section 94512(b)(2), but an explanation ofthe code has not been filed with the ARB Executive Officer by the deadlines specified in section 94512(c)(l) or section 94512(c)(2), or



### Page389 Register 2010, No. 52; 12-24-2010

### § 

### 94509 

### BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

(C) Solid "AirFresheners" and "Toilet/Urinal CareProduct" that contain para-dichlorobenzene; these products are subject to the one-year sell-through period specified in section 94509(o).

(D) Products contained in multi-unit packages, as specified below: 1. Subsection (c)(l) does not apply to any individual consumer products unit contained within a multi-unit package that is produced or assembled after January 1, 2006, where the multi-unit package does not display the date(s) or date-code(s) ofthe individual productunits, ordisplay the date of assembly, such that the displayed information is not readily observable without irreversibly disassembling any portion ofthe container or packaging.

2. For the purposes ofthis section, "date of assembly" means the date that the individual product units are assembled into the finished multiunit package. 3. For multi-unitpackages that display the "date ofassembly" instead of the date(s) or date-code(s) of the individual product units, the "date of assembly" shall be the "date of manufacture" for all of the product units contained within the multi-unit package. In other words, all ofthe product units shall be deemed to have been manufactured on the date theseunits are assembledinto the multi-unitpackage, eveniftheindividual product units show different date(s) or date-code(s). (2) 

### Notification forproducts soldduring the sell-throughperiod. Any person who sells or supplies a consumer product subject to the Table of Standards in section 94509 must notify the purchaser of the product in writing ofthe date on which the sell-through period for that product will end, provided, however, that this notification mustbe given only ifall of the following conditions are met: (A) the product is being sold or supplied to a distributor or retailer; (B) the sell-throughperiodfor theproduct will expire 6 months orless from the date the product is sold or supplied; (C) the product does not comply with the lowest VOC standard that applies on the date the sell-through period ends; and

(D) the product is subject to a VOC standard with an effective date on
or after December 31, 2004.

(d) 

### Products registered under FIFRA. For those consumer products that are registered under the Federal Insecticide, Fungicide, and RodenticideAct, (FIFRA; 7 U.S.C. Section 136-136y), the effectivedate ofthe VOC standards specifiedinsubsection (a) is oneyearafterthe date specified in theTableofStandards. Forthose consumerproducts that areregisteredunderFIFRA, the three year period providedin subsection (c) shall also begin one year after the date specified in the Table of Standards.

(e) 

### Products containing ozone-depleting compounds. For any consumer product for which VOC standards are specified under subsection (a), no person shall sell, supply, offer for sale, or manufacture for sale in California any consumer product which contains any of the following ozone-depleting compounds:

CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane ), CFC-113 (1,1, 1-trichloro-2,2,2-trifluoroethane ), CFC-114 (1-chloro-1,1-difluoro-2-chloro--2,2-difluoroethane), CFC-115 (chloropentafluoroethane), halon 1211 (bromochlorodifluoromethane), halon 1301 (bromotrifluoromethane), halon 2402 (dibromotetrafluoroethane),

HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-dichloro--1, 1, 1-trifluoroethane), HCFC-124 (2-chloro-1,1,1 ,2-tetrafluoroethane), HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b (1-chloro-1,1-difluoroethane), 1,1, 1-trichloroethane, and carbon tetrachloride.

(f) The requirements ofsection 94509(e) shall not apply to any existingproductformulation that complies with the Table ofStandards orany existing product formulation that is reformulated to meet the Table of Standards, provided the ozone depleting compound content ofthereformulated product does not increase.

(g) Therequirements ofsection 94509(e) shall not apply to any ozonedepleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight ofthe product. (h) 

### Requirementsfor charcoal lighter materials. The following requirements shall apply to all charcoallightermaterialproducts as defined in section 94508(a): (1) 

### Regulatory Standards (A) In all areas ofCalifornia except the South Coast AirQuality Management District, no person shall sell, supply, or offerfor sale afterJanuary 1, 1993 any charcoallightermaterial productunless at the time ofthe transaction: 1. the manufacturer or distributor ofthe charcoal lighter material has been issued a currently effective certification pursuant to subsection (h)(2).

2. the charcoallightermaterial meets theformulation criteriaand other conditions specified in the applicable Executive Order issued pursuant to subsection (h)(2).

3. the productusage directions for the charcoal lightermaterial are the

same as those provided to the Executive Officer pursuant to subsection (h)(2)(C).

(B) In the South CoastAir Quality Management District, the regulatory standards specified in subsection (h)(1)(A) shall be applicable upon the effective date of this subsection.

(2) 

### Certification Requirements (A) No charcoal lighter material formulation shall be certified under this subsection unless the applicant for certification demonstrates to the Executive Officer's satisfaction that the VOC emissions from the ignition ofcharcoal with the charcoal lighter material are less than or equal
to 0.020 pound ofVOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174!:Pgnition Method Compliance Certification Protocol, dated February 27, 1991 (the "SCAQMD Rule 1174 Testing Protocol"). The provisions relating to LVP-VOC in sections 94508(a) and 94510(d) shall not' apply to any charcoal lightermaterial subjectto therequirements ofsections 94509(a) and (h).

(B) The Executive Officer may approve alternative test procedures which are shown to provide equivalentresults to those obtainedusing the SCAQMD Rule 1174 Testing Protocol.

(C) A manufacturer or distributor ofcharcoal lightermaterial may apply to theExecutive Officerfor certification ofa charcoal lightermaterial formulation in accordance with this subsection (h)(2). The application shall be in writing and shall include, at a minimum, the following: 1. the results oftestingconducted pursuant to the procedures specified in SCAQMD Rule 1174 Testing Protocol.

2. the exact text and/or graphics that will appear on thecharcoal lighter material's principal display panel, label, and any accompanying literature. Theprovidedmaterial shallclearly showtheusagedirectionsfor the product. These directions shall accurately reflectthequantity ofcharcoal lighter material per pound of charcoal that was used in the SCAQMD Rule 1174 Testing Protocol for that product, unless:

i) the charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes, or

ii) the charcoal lighter material is already incorporated into the charcoal, such as certain "bag light," "instant light," or "match light" products.

3. For a charcoal lighter material which meets the criteria specified in subsection (h)(2)(C)(2.)(i), the usageinstructions providedto theExecutive Officer shall accurately reflect the quantity ofcharcoal lighter material used in the SCAQMD Rule 1174 Testing Protocol for that product.

4. Any physical property data, formulation data, or otherinformation required by the Executive Officer for usein determining when a product modification has occurred and for use in determining compliance with the conditions specified on the Executive Order issued pursuant to section (h)(2).



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### Title 17 Air Resources Board § 

### 94509

(D) Within 30 days ofreceipt ofan application, the Executive Officer shall advise the applicant 

### inwritingeitherthatitis completeorthat specified additional information is required to make it complete. Within 30 days ofreceipt ofadditional information, the Executive Officer shall advisethe applicantin writing eitherthatthe applicationis complete, orthat specified additional information or testing is still required before it can be deemed complete. (E) IftheExecutiveOfficerfinds that an application meets therequirements ofthis subsection (h)(2), then he or she shall issue an Executive Ordercertifying the charcoal lightermaterial formulation and specifying such conditions as are necessary to insure that the requirements of this subsection (h) are met. The Executive Officer shall act on a complete application within 90 days after the application is deemed complete.

(3) Notice of Modifications For any charcoal lighter material for which certification has been granted pursuant to subsection (h)(2), the applicantfor certification shall notify the Executive Officer in writing within 30 days of: (i) any change in the usage directions, or (ii) any change in product formulation, test results, or any other information submitted pursuant to subsection (h)(2) which may result in VOC emissions greater than 0.020 pound of VOC per start. (4) Revocation ofCertification Ifthe Executive Officer determines that any certified charcoal lighter material formulation results inVOC emissions from the ignition ofcharcoal which are greater than 0.020pound ofVOC per start, as determined by the SCAQMD Rule 1174Testing Protocol and the statistical analysis procedures contained therein, the Executive Officer shall revoke or modify the certification as is necessary to assure that the charcoal lighter material will resultinVOCemissions oflessthan orequalto 0.020pound ofVOC per start. The Executive Officer shall not revoke or modify the prior certification without first affording the applicant for the certification an opportunity for a hearing in accordance with the procedures specified inTitle 17, CaliforniaCode ofRegulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to determine if the certification should be modified or revoked. (5) Notwithstanding any other provision ofthis subsection 94509(h), charcoal lightermaterialproducts manufacturedpriorto January 1, 1993, may be sold, supplied, or offered for sale until July 1, 1994, in all areas ofCalifornia except the South Coast Air Quality Management District. Charcoal lighter material products subject to SCAQMD Rule 1174 and sold, supplied, orofferedfor saleinthe South CoastAir QualityManagement District shall meet the requirements ofsections 94509(h) upon the effectivedate ofthis subsection, regardless ofthe date onwhichtheproducts were manufactured. (i) Requirements for aerosol adhesives (as defined in sections 94508(a)(l) and 94508(a)(3)).

(1) As specified in Health and Safety Code section 41712(h)(2), the standards for aerosol adhesives apply to all uses ofaerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in sections 94509(c), 94510,94511, and 94514, no person shall sell, supply, offer for sale, use ormanufacturer for sale in California any aerosol adhesive which; at the time ofsale, use, ormanufacture, contains VOCs in excess ofthe specified standard.

(2)(A) In order to qualify as a "Special Purpose Spray Adhesive" the product must meet one or more of the definitions for "Special Purpose Spray Adhesive" specified in section 94508(a), but if the product label indicates that the product is suitable for use on any substrate or application not listedin one ofthe definitions for "Special Purpose Spray Adhesive," then the product shall be classified as either a "Web Spray Adhesive" or a "Mist Spray Adhesive."

(B) Ifa productmeets morethan one ofthe definitions specifiedin section 94508(a) for "SpecialPurpose SprayAdhesive," andisnot classified

as a "Web Spray Adhesive" or "Mist Spray Adhesive" under subsection (2)(A), then the VOC limit for the product shall be the lowest applicable VOC limit specified in section 94509(a). (3) Effective 11112002, no person shall sell, supply, offer for sale, or manufacture for use in California any aerosol adhesive which contains any ofthe following compounds: methylene chloride, perchlorothylene,

ortrichlorethylene, except that an aerosol adhesive manufactured before 1/1/2002may be sold, supplied, oroffered for saleuntil1/1/2005, so long

as the product complies with product dating requirements in section 94512(b).

( 4) All aerosol adhesives must comply with the labeling requirements specified in section 94512(d), and all manufacturers and responsibleparties for aerosol adhesives mustcomply with the specialreportingrequirements specified in section 94513(d). (j) Requirementsfor Floor Wax Strippers. After an effective date of January 1, 2002, no person shall sell, supply, offer for sale, or manufacture for use in California any floor wax stripper unless the following requirements are met:

(1) Thelabel ofeach non-aerosol floor wax strippermust specify a dilution ratio for light or medium build-up ofpolish that results in an asused VOC concentration of 3 percent by weight or less. (2) If a non-aerosol floor wax stripper is also intended to be used for removal ofheavy build-up ofpolish, the label ofthat floor wax stripper
must specify a dilution ratio for heavy build-up ofpolish that results in

an as-used VOC concentration of 12 percent by weight or less.

(3) The terms "lightbuild-up," "medium build-up" or "heavy buildup" are not specifically required, as long as comparable terminology is used. (k) Effective dates of the VOC limitsfor "Carburetor or Fuel-injectionAirIntake Cleaners" and "Construction, Panel, andFloor Covering Adhesives." The definitions for the product categories of "Carburetor or Fuel-injectionAitIntake Cleaners" and "Construction, Panel, and Floor Covering Adhesives" were modified as part ofthe "Mid-termMeasures II" rulemaking action that was considered bytheBoardin October 1999. As a result of these modifications, certain types of consumer products

were included in these definitions thathadnotpreviously beeninCluded. For those consumer products that were included in these definitions for the first time as a result ofthe "Mid-term Measures II" rulemaking action, the VOC limits (in section 94509(a)) applicable to these newly included products shall not become legally effective until December 31, 2002.

(l) Automotive Windshield Washer Fluids. The provisions of subsection 94509(b)(l) shall not apply to "Automotive Windshield Washer Fluid (Pre-Mixed)" as defined in section 94508(a). (m) Requirementsfor ContactAdhesives, Electronic Cleaners, Footwear orLeather Care Products, and General Purpose Degreasers.

(1) Except as provided below in sections 94509(m)(2) and (m)(4), effective December 31,2005, no person shall sell, supply, offerfor sale, or manufacture for use in California any Contact Adhesive, Electronic Cleaner, FootwearorLeatherCareProduct, orGeneralPurposeDegreaser that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene. (2) Sell-through of Products. ContactAdhesives, ElectronicCleaners, FootwearorLeather CareProducts, and GeneralPurposeDe greasersthat contain methylene chloride, perchloroethylene, or tdchloroethylene and

were manufactured before December 31,2005, maybe sold, supplied, or offered for saleuntil December 31, 2008, so long as theproductcomplies with product dating requirements in section 94512(b).

(3) Notification forproductssoldduring the sell-throughperiod. Any person who sells or supplies a consumer product identified abovein section 94509(m)(l) must notify thepurchaser ofthe product in wdting that the sell-through period for that product will end on December 31, 2008, provided, however, that this notificationmustbe given only ifboth ofthe following conditions are met:

(A) the product is sold or supplied to a distributor or retailer; and (B) the product is sold or supplied on or after June 30, 2008.



### Page391 Register 2010, No. 52; 12-24-2010

### § 

### 94509 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

(4) 

### Impurities. The requirements ofsection 94509(m)(1) and (m)(3) shall not apply to any Contact Adhesive, Electronic Cleaner, Footwear

or Leather Care Product, or General Purpose Degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present

as an impurity in a combined amount equal to or less than 0.01% by weight.

(n) 

### Requirementsfor Adhesive Removers, Electrical Cleaners, and Graffiti Removers.

(1) Except as provided below in sections 94509(n)(2) and (n)(4), effective December 31, 2006, no person shall sell, supply, offerfor sale, or

·· manufacture for use in California any Adhesive Remover, Electrical·

Cleaner, or Graffiti Remover that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

(2) 

### Sell-through of Products. Adhesive Removers, Electrical Cleaners, and Graffiti Removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before December 31, 2006, may be sold, supplied, or offered for sale until December 31, 2009, so long as the product complies with product dating requirements in section 94512(b).

(3) 

### Notification forproductssoldduring the sell-through period. Any person who sells or supplies a consumerproduct identified above in section 94509(n)(l) must notify the purchaser ofthe product in writing that the sell-through period for that product will end on December 31,2009, provided, however, thatthis notification must begiven onlyifboth ofthe following conditions are met:

(A) the product is sold or supplied to a distributor or retailer; and (B) the product is sold or supplied on or after June 30, 2009. (4) 

### Impurities. The requirements of section 94509(n)(1) and (n)(3) shall not apply to any Adhesive Remover, Electrical Cleaner, or Graffiti Remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to

or less than 0.01% by weight.

(o) 

### Requirementsfor Solid Air Fresheners and Toilet/Urinal Care Products.

(1) Effective December 31, 2005, no person shall sell, supply, offerfor sale, or manufacture for use in California any Solid Air Fresheners or Toilet/Urinal Care Products that contain para-dichlorobenzene, except those Solid Air Fresheners and Toilet/Urinal Care Products that contain para-dichlorobenzene and were manufactured before December 31, 2005 may be sold, supplied, or offered for sale until December 31, 2006,

so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date,

(2) 

### Notification forproducts soldduring the sell-throughperiod. Any person who sells or supplies any Solid Air Freshener or Toilet/Urinal Care Product that contains para-dichlorobenzene must notify the purchaser ofthe productin writing that the sell-through period for the product will end on December 31, 2006, provided, however, thatthis notification must be given only ifboth of the following conditions are met:

(A) the product is sold or supplied to a distributor or retailer; and (B) the product is sold or supplied on or after June 30, 2006. (p)

### Requirements forBathroomandTile Cleaners, Construction, Panel, and Floor Covering Adhesives, electronic cleaners labeled as energized electronic equipment use only, General Purpose Cleaners, and Oven Cleaners.

(1) Except as provided below in sections 94509(p)(2) and (p)(4), effective December 31,2008, no person shall sell, supply, offerfor sale, or manufacture for use in California any Bathroom and Tile Cleaner, Construction, Panel, and Floor Covering Adhesive, electronic cleaners labeled as energized electronic equipment use only, General Purpose Cleaner, orOven Cleanerthat contains any ofthe following compounds: methylene chlodde, perchloroethylene, or tdchloroethylene.

(2) 

### Sell-through of Products. Bathroom and Tile Cleaners, Construction, Panel, andFloor CovetingAdhesives, electronic cleaners labeled as energized electronic equipmentuse only, General Purpose Cleaners, and Oven Cleaners that contain methylene chlodde, perchloroethylene, or trichloroethylene and were manufactured before December 31, 2008, may be sold, supplied, or offered for sale until December 31, 2011, so long as theproductcomplies with theproductdating requirementsin section 94512(b). (3) 

### Notificationforproducts soldduring the sell-throughperiod. Any person who sells or supplies a consumer product identified abovein section 94509(p)(1) must notify the purchaser ofthe product in writing that the sell-through period for that product will end on December 31, 2011, provided, however, that this notification mustbe given only ifboth ofthe following conditions are met: (A) the product is sold or supplied to a distributor or retailer; and (B) the product is so1d or supplied on or after June 30, 2011. (4) 

### Impurities. The requirements of section 94509(p)(1) and (p)(3) shall not apply to any Bathroom and Tile Cleaner, Construction, Panel, and Floor Covering Adhesive, electronic cleaner labeled as energized electronic equipmentuse only, General Purpose Cleaner, m· Oven Cleaner containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than O.Ql% by weight. (q) 

### Requirementsfor Carpet/Upholstery Cleaner, Fabric Protectant, Multi-Purpose Lubricant, Penetrant, Sealant or Caulkilig Compound, and SpotRemover. (1) Except as provided below in sections 94509(q)(2), (q)(4), and (q)(5), effective December 31, 2010, no person shall sell, supply, offer for sale, or manufacture for use in California any Carpet/Upholstery Cleaner, Fabric Protectant, Multi-PurposeLubricant, Penetrant, Sealant

orCaulkingCompound, orSpotRemoverthat contains any ofthe following compounds: methylene chlodde, perchloroethylene, or trichloroethylene. (2) 

### Sell-through ofProducts. Carpet/Upholstery qeaners, Fabric Protectants, Multi-Purpose Lubricants, Penetrants, Sealant or Caulking Compound and SpotRemovers that containmethylenechloride, perchloroethylene, or trichloroethylene and were manufactured before December 31, 2010, may be sold, supplied, or offered for sale until December 31, 2013, so long as the productcomplies with theproductdatingrequirements in section 94512(b).

(3) 

### Notification forproducts soldduring the sell-throughperiod. Any person who sells or supplies a consumer product identified abovein section 94509(q)(1) must notify the purchaser ofthe product in writing that the sell-through period for that product will end on December 31, 2013, provided, however, thatthis notificationmustbe given only ifboth ofthe following conditions are met: (A) the product is sold or supplied to a distdbutor or retailer; and (B) the product is sold or supplied on or after June 30, 2013. (4) 

### Impurities. The requirements of section 94509(q)(l) and (q)(3) shall not apply to any Carpet/Upholstery Cleaner, Fabdc Protectant, Multi-Purpose Lubricant, Penetrant, SealantorCaulking Compound, or Spot Remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight. (5) Therequirements ofthis section94509(q) 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."

(r) 

### Requirementsfor Pressurized Gas Duster. (1) Except as providedbelow in sections 94509(r)(2) and (r)(3), effective December 31, 2010, no person shall sell, supply, offer for sale, or manufacture for use in California any Pressurized Gas Duster product that contains methylene chloride, perchloroethylene, or any chemical compound that has a Global Warming Potential (GWP) Value of 150 or greater.

(2) 

### Sell-through of Products. Pressurized Gas Duster products that contain any chemical compound thathas a GWPValue greater than 150, and were manufactured before December 31, 2010, may be sold, supplied, or offered for sale until December 31, 2011, so long as the product complies with the product dating requirements in section 94512(b).



### Page392 Register2010, No. 52; 12-24-2010

## (~



# CJ

CJ

### Title 

### 17 Air Resources Board § 

### 94510

(3)

### Notification forproducts soldduring the sell-throughperiod. Any person who sells or supplies a Pressurized Gas Duster identified above in section 94509(r)(2) must notify the purchaser ofthe product, in writing, that the sell-through period for that product will end on December 31, 2011, provided, however, that this notification must be given only if both ofthe following conditions are met: (A) the product is sold or supplied to a distributor or retailer; and (B) the product is sold or supplied on or after June 30, 2011. (4) The provisions relating to fragrance in section 94510(c) shall not apply to any Pressurized Gas Duster subject to the requirements ofthis subsection 94509(r).

(5) 

### Impurities. The requirements of section 94509(r)(l), (r)(2), and (r)(3) shall not apply to any chemical compound that is present as animpurity in a combined amount equal to or less than 0.1% by weight. (s) 

### Requirements for Fabric Softener- Single Use Dryer Product. (1) Effective December31,2010, Fabric Softener-SingleUseDryer Product shall not contain more than 0.05 grams of VOC per use. Compliance with the VOC limit shall be determined per sheet, or equivalent delivery substrate, based on the minimumrecommendeduse for a single drying cycle specified on the product packaging orlabel. In other words, ifone sheet is the minimum recommended use for a single drying cycle, then the VOC limit applies per sheet. Iftwo sheets are the minimum recommended use for a single drying cycle, then the VOC limit applies to theaggregateVOC contentintwo sheets. Forpurposes ofthis subsection, "minimum recommended use" shall not include recommendations for incidental use of additional sheets, or equivalent delivery substrate, for limited applications such as for extra large or double loads of washable fabrics in large capacity clothes dryers.

(2) The provisions relating to fragrance in section 94510(c) shall not apply to Fabric Softener- Single Use Dryer Product subject to the requirements ofthis subsection 94509(s)(l). (t) 

### Requirementsfor Double Phase AerosolAir Freshener. (1) Except as providedbelow in sections 94509(t)(2) and (t)(4), effective December 31, 2012, no person shall sell, supply, offer for sale, or manufacture for use in California any Double Phase Aerosol AirFreshener that contains any chemical compound that has a Global Warming Potential (GWP) Value of 150 or greater. (2) 

### Sell-through of Products. Double Phase Aerosol Air Fresheners that contain any chemical compound that has a GWP Value of 150 or greater, and were manufacturedbefore December31, 2012, may be sold, supplied, orofferedfor saleuntil December31, 2015, so longas theproduct complies with the product dating requirements in section 94512(b). (3)

### Notification forproducts soldduring the sell-throughperiod. Any person who sells or supplies a Double Phase Aerosol AirFresheneridentified above in section 94509(t)(2) must notify thepurchaser ofthe product, in writing, that the sell-through period for that product will end on December 31, 2015, provided, however, that this notification must be given only ifboth of the following conditions are met:

(A) the product is sold or supplied to a distributor or retailer; and (B) the product is sold or supplied on or after June 30, 2015. (4) 

### Impurities. The requirements of section 94509(t)(l), (t)(2), and (t)(3) shall not apply to any chemical compound that is present as an impurity in a combined amount equal to or less than 0.1% by weight. (u) 

### Requirementsfor Multi-purpose Solvent and Paint Thinner. (1) Except as provided below in sections 94509(u)(2) and (u)(4), effective December 31, 2010, no person shall sell, supply, offer for sale, or manufacture for use in California any Multi-purpose Solvent or Paint Thinner that contains any ofthe following: (A) chemical compounds that have a Global Warming Potential (GWP) Value of 150 or greater;

(B) methylene chloride, perchloroethylene, or trichloroethylene; (C) greater than 1% Aromatic Compound content by weight. (2) 

### Sell-through of Products. Multi-purpose Solvents andPaintThinners that contain any chemical compound that has a GWP Value of 150

or greater; methylene chloride, perchloroethylene, or trichloroethylene;

or greater than 1% Aromatic Compound content by weight; and were manufactured before December 31, 2010, may be sold, supplied, or offered for sale until December 31, 2013, so long as the product complies with the product dating requirements in section 94512(b).

(3) 

### Notification forproducts soldduring the sell-throughperiod. Any person who sells or supplies a consumerproductidentified abovein section 94509(u)(2) must notify the purchaser ofthe product in writing that the sell-through period for that product will end on December 31, 2013, provided, however, this notificationmustbe given only ifboth ofthe following conditions are met:

(A) the product is sold or supplied to a distributor or retailer; and (B) the product is sold or supplied on or after June 30, 2013. (4) 

### Impurities. The requirements of section 94509(u)(l), (u)(2) and (u)(3) shall not apply to anyMulti-purpose Solvent, orPaintThinnerthat contains any of the following:

(A) chemical compounds that have a Global Warming Potential (GWP) Value of 150 or greater and are present as impurities in a combined amount equal to or less than 0.1% by weight;

(B) methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than O.Gl% by weight.
NOTE: Authority cited: Sections 38500, 38501, 38510, 38560, 38560.5, 38562, 38580, 39600,39601, 39650, 39658, 39659, 39666 and 41712, Health and Safety Code. Reference: Sections 38505, 39002, 39600, 39650, 39655, 39656, 39658, 39659, 39666, 40000 and 41712, Health and Safety Code.
HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 2. Amendment oftable in subsection (a), new table in subsection (a), amendment

ofsubsections ( c)-(f), redesignating ofsubsection (f)(2) to (g) and amendment, and new subsections (h)-(h)(5) filed 12-7-92; operative 1-6-93 (Register92, No. 50). 3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government

Code section 11343.4(d) (Register 97, No. 47). 4. Amendment ofsubsection (a) filed 12-23-97; operative 12-23-97 pursuant to

Government Code section 11343.4(d) (Register 97, No. 52). 5. Amendment filed 7-17-98; operative 8-16-98 (Register 98, No. 29). 6. Amendment of subsection (a) filed 8-24-98; operative 8-24-98 pursuant to

Government Code section 11343.4(d) (Register 98, No. 35). 7. Amendment implementing Mid-Term Measures II redesigning table of standards and adding subsections (k)-(1) filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42). 8. Amendment ofTable ofStandards, amendment and redesignation ofportion of

subsection (i) as subsection (i)(1), new subsections (i)(2)-(4) and amendment ofNOTE filed 4-18-2001; operative 5-18-2001 (Register 2001, No. 16). 9. Amendment ofsection and NOTE filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25). 10. Amendmentofsubsections (a), (e), (h)(1)(A), (i), (i)(2)(A)-(B) and([) and new

subsections (p)-(p)(4) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45). 11. Amendment ofsubsection (a), new subsection (b)(4), amendment ofsubsections (c)(1)(C), (e), (h), (h)(2)(A), (h)(2)(C)3., (i)(2)(A)-(B), ([)and (p)(2), new subsections (q)-(s)(2) and amendment of NOTE flied 6-18-2009; operative 7-18-2009 (Register 2009, No. 25). 12. Amendment ofsubsection (a)- Table of Standards and subsections (b)(3),

(i)(3), (m)(2), (n)(2), (o)(1) and (r)(5) and new subsections (t)-(u)(4)(B) filed 9-20-2010; operative 10-20-2010 (Register2010, No. 39). 13. Editorial correction of subsection (a) -Table of Standards (Register 2010,

No. 52).
§ 

### 94510. Exemptions.

(a) This article shallnotapply to any consumerproducts manufactured in California for shipment and use outside of California. (b) The provisions ofthis article shall not apply to a manufacturer or distributor who sells, supplies, oroffers for saleinCalifornia a consumer product that does not comply with the VOC standards specified in Section 94509, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside ofCalifornia, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to California. This subsection (b) does not apply to consumer products that are sold, supplied, or offered for saleby any personto retail outlets in California.

(c) Except for Fabric Softener- Single Use Dryer Product and Pressurized Gas Duster, the VOC limits specified in Section 94509(a) shall



### Page393 Register 2010, No. 52; 12-24-2010

### § 94511 

### BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

not apply to fragrances up to a combinedlevel of2percentby weightcontained in any consumer product.

(d) The VOC limits specified in Section 94509(a) shall not apply to any LVP-VOC.

(e) Therequirements ofSection 94512(b) shall not apply to consumer products registeredunder theFederalInsecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. Section l36--l36y).

(f) The VOC limits specified in Section 94509(a) shall not apply to air fresheners that are comprised entirely offragrance, less compounds not defined as VOCs under Section 94508 or exempted under Section

- 94510(d). (g) The VOC limits specified in Section 94509(a) shall not apply to: (1) insecticides containing at least 98% para-dichlorobenzene. (2) Until December 30, 2006, the VOC limits specified in Section 94509(a) shall not apply to solid air fresheners containing at least 98% para-dichlorobenzene. On or after December 31, 2006, the provisions of section 94509(o) apply to solid air fresheners containing para-dichlorobenzene. (h) Exceptas specifiedin94510(h)(3)below, the VOClimits specified in Section 94509(a) shall not apply to:

(1) existing personal fragrance products or personal fragrance products in development on or before April I, 1992, provided thatboth (i) the registration data specified in section 94513 is submitted for every such productby the date specifiedin section 945l3(a), orpriorto July 1, 1993, whichever date occurs later, and (ii) such product is sold in California prior to January 1, 1994. For the purposes of this subsection, a product "in development" means:

(A) a product which a fragrance materials manufacturer is designing
at the request of a personal fragrance product manufacturer, or

(B) a pi·oductwhich is the subject ofa written marketingprofile or other documentation authorizing the creation and marketing ofthe product.

(2) personal fragrance products in development may be registered to qualify for this exemption under hypothetical trade names or pseudonyms, provided that the actual trade name is supplied to the Executive Officer within 30 days ofmarketing such products, or January 1, 1994, whichever occurs first.

(3) Effective December 31, 2014, subsections 94510(h)(1) and 94510(h)(2) shall no longer apply to any "Personal Fragrance Product" that contains 20percent orless fragrance. Products manufacturedbefore December 31, 2014 may be sold, supplied, or offered for sale until December 31,2017, so long as theproductcomplies with the productdating requirements in Section 94512(b).

(i) The VOC limits specified in section 94509(a) shall not apply to adhesives sold in containers of 1 fluid ounce or less.



### G) TheVOC limits specifiedin Section 94509(a) shall not apply to any VOC which is a fragrance in a personal fragrance product.

(k) TheVOClimits specifiedin 94509(a) shallnot apply to bait station insecticides. For the purpose ofthis section, bait station insecticides are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the baitis designedto beingestedbyinsects andis composed of solid material feeding stimulants with less than 5 percent (%) active ingredients.

(l) Except as specified in 94510(l)(1), the 1/1/99 VOC limits specified in Section 94509(a) for personal fragrance products shall not apply to such products which have been sold in California prior to 1/1/99.

(1) On or after December 31, 2014, the 75 percentby weightVOC limit shall apply to any "Personal Fragrance Product" that contains 20 percent orlessfragrance. Products manufacturedbeforeDecember 31, 2014 may be sold, supplied, or offered for sale until December 31, 2017, so long as the product complies with theproduct datingrequirements inSection 94512(b).

(m) Until December 31, 2013, the VOC limits specified in Section 94509(a), and the prohibition of Aromatic Compounds listed in section 94509(u)(l), shall not apply to Paint Thinners that are packaged in containers with a capacity less than or equal to 8 fluid ounces. NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 2. Amendment of subsections (b)-(d) and (g) and new subsections (h)-(I) ftled

12-7-92; operative 1-6-93 (Register 92, No. 50). 3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government

Code section 11343.4(d) (Register 97, No. 47). 4. Amendment ofsubsection (b) filed 7-17-98; operative 8-16-98 (Register 98,

No. 29). 5. Amendment ofsubsection (g) and new subsections (g)(l)-(2) ftled 6-20-2005;

operative 7-20-2005 (Register 2005, No. 25). 6.Amendment ofsubsection (e) filed 11-8-2007; operative 12.:...3-=-2007 (Register

2007, No. 45). 7. Amendment of subsections (c) and (h), new subsection (h)(3), amendment of

subsection (I) and new subsection (1)(1) filed 6-18-2009; operative 7-18-2009 (Register 2009, No. 25). 8. New subsection (m) filed 9-20-2010; operative 10-20-2010 (Register 2010,

No. 39). § 

### 94511. Innovative Products.

(a) The Executive Officer shall exempt a consumer product from the VOClimits specifiedin Section94509(a) ifa manufacturerdemonstrates by clear and convincing evidence that, due to some characteristic ofthe product formulation, design, delivery systems or other factors, the use of the product will result in less VOC emissions as compared to:

(1) the VOC emissions from arepresentative consumerproduct which complies with the VOC limits specified in Section 94509(a), or

(2) the calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC limits specifiedin section 94509(a). VOCemissions shall becalculated using the following equation:

. 

### ENc x VOCsm ·· 

### ER 

# = __!,!.::::.._

___ 

# = VOCNc where: ER =TheVOCemissions from thenoncomplying

### repre~·entative product, had it been reformulated.

ENc =The VOC emissions from the noncomplyingrepresentative product in its current formulation. · '

VOCsTD =the VOC limit specified in 94509(a). VOCNc =theVOCcontent ofthe noncomplyingproduct in its current formulation.

Ifa manufacturer demonstrates that this equation yields inaccurateresults due to some characteristic ofthe product formulation or other factors, an alternativemethodwhich'accurately calculates emissions maybe used upon approval ofthe Executive Officer. (b) For the purposes of this section, "representative consumer product" means a consumer product which meets all ofthe following criteria:

(1) the representative product shall be subject to the same VOC limit in Section 94509(a) as the innovative product. (2) the representative product shall be ofthe same product form as the innovative product, unless the innovativeproductuses a newform which does not exist in the product category at the time the applicationis made.

(3) the representative product shall have at least similar efficacy as other consumerproductsinthe sameproductcategory based on tests generally accepted for that product category by the consumer products industry.

(c) A manufacturer shall apply in writing to the Executive Officer for any exemption claimed under subsection (a). The application shall include the supporting documentation that demonstrates the reduction of emissions from the innovativeproduct, including the actual physical test methods used to generate the data and, ifnecessary, the consumertesting undertaken to document product usage. In addition, the applicant must provide any information necessary to enable theExecutive Officertoestablish enforceable conditions for granting the exemption including the VOC contentfor theinnovativeproduct andtest methods fordetermining the VOC content. All information submittedby a manufacturer pursuant to this section shall behandled in accordance with the procedures specified in Title 17, California Code ofRegulations, Sections 91000-91022.



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### Title 17 Air Resources Board 

### § 94512

(d) Within 30 days ofreceipt ofthe exemption application the Executive Officer shall determine whether an application is complete as provided in section 60030(a), Title 17, California Code ofRegulations.

(e) Within 90 days after an applicationhasbeendeemedcomplete, the Executive Officer shall determine whether, under what conditions, and
to whatextent, an exemption from the requirements ofSection 94509(a) will bepermitted. Theapplicant and theExecutive Officermay mutually agree to a longer timeperiod for reaching a decision, and additional supporting documentation maybe submitted by the applicant before a decision has been reached. The Executive Officer shall notify the applicant ofthe decision in writing and specify suchterms and conditions that are necessary to ensure that emissions from the product will meet the emissions reductions specified in subsection (a), and that such emissions reductions can be enforced.

(f) In granting an exemption for a product the Executive Officer shall establish conditions that are enforceable. These conditions shall include the VOC content oftheinnovativeproduct, dispensingrates, application rates, and any other parameters determined by the Executive Officer to be necessary. The Executive Officer shall also specify the test methods for determining conformance to the conditions established. The test methods shall include criteria for reproducibility, accuracy, and sampling and laboratory procedures.

(g) Forany productfor which an exemptionhasbeengrantedpursuant to this section, the manufacturer shall notify the Executive Officer in writing within 30 days of any change in the product formulation orrecommended productusage directions, and shall also notify the Executive 0fficer within 30 days if the manufacturer learns of any information whichwouldaltertheemissionsestimates submittedtotheExecutiveOfficer in support ofthe exemption application.

(h) Ifthe VOC limits specified in Section 94509(a) are lowered for a product category through any subsequent rulemak:ing, all innovative product exemptions grantedfor products in theproductcategory, except

as providedinthis subsection (h), shallhaveno force and effect as ofthe effective date ofthe modified VOC standard. This subsection (h) shall
not apply to those innovative products which have VOC emissions less than the applicable lowered VOC limit and for which a written notification ofthe product's emissions status versus the lowered VOC limit has been submittedto and approvedbytheExecutive Officerat least 60 days before the effective date of such limits. (i) IftheExecutive Officerbelieves that a consumerproductfor which

anexemptionhas beengrantedno longermeets the criteriafor an innovative product specified in subsection (a), the Executive Officer may modify or revoke the exemption as necessary to assure that the product will meetthesecriteria. TheExecutiveOfficershallnotmodify orrevoke

an exemption without first affording the applicant an opportunity for a public hearing held in accordance with the procedures specified in Title 17, CaliforniaCode ofRegulations, Division 3, Chapter 

### 1, Subchapter 

### 1, Article4 (commencingwith Section 60040), to determinedifthe exemption should be modified or revoked. NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 2. Amendment ofsubsection (a) to create a new subsection (a)(1), new subsection

(a)(2), amendment of subsection (b), new subsections (b)(1)-(3), repealer of subsection (c) and relettering, and amendment of subsections (c), (e)-(f), and (h)-(i) filed 12-7-92; operative 1-6-93 (Register 92, No. 50). 3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government

Code section 11343.4(d) (Register 97, No. 47). 4. Amendment ofsubsections (e) and (f) filed 9-20-2010; operative 10-20-2010

(Register 2010, No. 39). § 

### 94512. Administrative Requirements.

(a) Most Restrictive Limit. (1) Products ManufacturedBefore January 1, 2007, andFIFRA-registered Insecticides Manufactured Before January 1, 2008. Notwithstanding the definition of "Product Category" in Section 94508, if anywhere on the principal display panel of any consumer product manufactured beforeJanuary 1, 2007, orany FIFRA-registered insecticide manufactured before January 1, 2008, any representation is made thatthe product may beused as, oris suitablefor useas a consumerproduct for which a lower VOC limit is specified in Section 94509(a), then thelowestVOClimitshall apply. Thisrequirementdoes notapply to general purpose cleaners and insecticide foggers.

(2) ProductsManufactured on orAfterJanuary 1, 2007, andFIFRAregistered Insecticides Manufactured on orAfterJanuary 1, 2008. Notwithstanding the definition of "product category" in Section 94508, if anywhere on the container or packaging of any consumer product manufactured on or after January 1, 2007, orany FIFRA-registered insecticide manufacturedon orafterJanuary I, 2008, or on any sticker or label affixed thereto, anyrepresentation is made that theproduct may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in Section 94509(a), then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners and insecticide foggers.

(3) Rules that Apply when a Product Category Definition Excludes Other Product Categories.

If a definition of a regulated product category in section 94508(a)
states that the product category "does not include" one or more other product categories, the "most restrictive limit" provisions of section 94512(a) apply to regulatedproducts thatmeetthe definition oftheregulated product category and also make any representation that the regulated productmaybeused as (oris suitableforuse as) a productthatfalls within one ormore ofthe excludedproduct categories. Notwithstanding the foregoing above, this provision does not apply to "Disinfectant"/"Sanitizer" products labeled as "Bathroom and Tile Cleaners," "Glass Cleaners," "General Purpose Cleaners," "Toilet/Urinal Care Products," "Metal Polishes," "Carpet Cleaners," or "Fabric Refreshers" that may also make disinfecting/sanitizing or anti-microbial claims on the label.

Forexample, ifthe definition forRegulatedProductCategoryA states that it "does not include" Regulated Product Category 

### B, then the "most restrictive limit" provisions apply to a regulated product that meets the definition ofRegulated ProductCategory

### A, butalso makes a representation that it may be used as (or is suitable for use as) Regulated Product Category B. In otherwords, iftheregulatedproductmakes any representation that 

### itmaybeused as (oris suitablefor use as) Regulated Category Product 

### B, then the regulated product would be subject to the lowest VOC limit specified in section 94509(a) for either Product Category 

### A

or Product Category B.

For the purposes ofthis section: "Regulated product" means a consumer product for which a VOC standard is specified in section 94509(a), and

"Representation" has the same meaning as used above in subsections 94512(a)(l) and 94512(a)(2) (i.e., what statements qualify as a "representation" depends onthedatetheproductwas manufactured andwhether the statements appear on the "principal display panel" or other parts ofthe product container or packaging.)

(b) ProductDating (1) Each manufacturerofa consumerproduct subjectto Section94509 shall clearly display on each consumerproductcontainerorpackage, the day, month, and year on which the product was manufactured, or a code indicating such date. Codes that represent a sequentialbatch number, or that otherwisecannotbe attributed to a specific day, month, and year, do
not satisfy this requirement.

(2) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of section 94512( c

### )(I), ifthe codeis represented separately from othercodes on the product container so that it is easily recognizable:

YY DDD 

## = year year day day day Where: "YY" =two digits representing the year in which the product

was manufactured, and



### Page395 Register 2010, No. 39; 9-24-2010

### § 

### 94512 

### BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

"ODD"= three digits representing the day of the year on which the product was manufactured, with "001" representing the first day of the year, "002"representing the second day ofthe year, and so forth (i.e. the "Julian date").

(3) This date orcode shallbedisplayed on eachconsumerproductcontainer or package no later than twelve months prior to the effective date ofthe applicable standard specified in section 94509.

(4) Except as otherwise provided in subsection (b)(5), for products manufactured on or after January 1, 2006, the date or code shall be displayed onthe product container such that itis readily observable without irreversibly disassembliriiany portion ofthe product container orpackaging. Forthepurposes ofthis subsection, information may bedisplayed

on the bottom ofa container as long as itis clearlylegiblewithoutremoving any product packaging.

(5) 

### Products Sold in Multi-unitPackages. (A) Products sold, supplied, oroffered for sale in multi-unitpackages

are not required to comply with subsection (b)(4).

(B) Ifa multi-unitpackagedoes not comply with subsection (b)( 4), the**"sell~through"** provisions of section 94509(c)(1) shall not apply to the individual product units containedwithin the multi-unit package. In otherwords, ifany multi-unitpackage produced or assembled afterJanuary I, 2006, does not display the date(s) or date-code(s) ofthe productunits, such that the displayed information is readily observable withoutirreversibly disassembling any portion ofthe container or packaging, the individual product units shall be subject to the VOC standards ineffectwhen the multi-unit package is sold, supplied, or offered for sale, regardless ofthe date on which the product units were manufactured.

(C) A multi-unit package may comply with subsection (b)(4) by displaying the date ofassembly instead ofthe date(s) or date-code(s) ofthe individualproductunits, so long as thedateofassembly is readily observable without irreversibly disassembling any portion of the container or packaging. The "date of assembly" means the date that the individual product units are assembled into the finished multi-unit package. Ifthe date of assembly is displayed instead of the individual date(s) or datecode(s), the "date ofassembly" shallbe the "date ofmanufacture" for all of the product units contained within the multi-unit package. In other words, all of the product units shall be deemed to have been manufactured on the date these units are assembled into the multi-unit package,

even if the individual product units show different date(s) or datecode(s), and the "date of assembiy" shall be "date of manufacture" of each productunit for the purposes ofapplying the "sell-through" provisions of section 94509(c).,

(6) The requirements of this subsection (b) shall not apply to: (A) personal fragrance products of 2 milliliters or less, which are offered to consumers free ofcharge for the purpose of sampling the product; or

(B) products containing no VOCs (as defined in section 94508), or containing VOCs at 0.10% by weight or less.

(c) 

### Additional ProductDating Requirements (1) If a manufacturer uses a code indicating the date ofmanufacture, for any consumer product subject to section 94509 an explanation ofthe code must be filed with the Executive Officer ofthe ARB no later than twelve months prior to the effectivedate ofthe applicable standard specified in section 94509. Thereafter, manufacturers using a code must file

an explanation ofthe code with theExecutive Officer on an annual basis, beginningin 2006. The explanation ofthe code must be received by the Executive Officer on or before January 31st ofeach year, with the first explanation due on or before January 31, 2006.

(2) Ifa manufacturer changes any codeindicatingthe date ofmanufacture for any consumer product subject to subsection (c)(1), an explana-

. tion ofthe modified code must be received by the Executive Officer be" fore any products displaying the modified code are sold, supplied, or offered for sale in California.

(3) No person shall erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of manufacture from any regulated product container without the express authorization of the manufacturer.

(4) Codes indicating the date of manufacture are public information and may not be claimed as confidential.

(d) 

### AdditionalLabelingRequirements forAerosolAdhesive,Adhesive Remover, Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, ContactAdhesive, and Sealant or Caulking Compound (nonaerosol).

(1) In additionto therequirements specifiedinsubsections (a), (b) and (c), both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electricalcleaner, contact adhesive product, and sealantorcaulkingcompound (non-aerosol) subject to this article shall ensure that all products clearly display the following information on each product container which is manufactured on orafter the effective date for the category specified in section 94509(a), except that for non-chemically curing sealant

or caulking compound (non-aerosol), the effective date of this requirement is December 31, 2010, and for chemically curing sealant or caulkingcompound (non-aerosol),the effectivedate ofthis requirementisDecember 31, 2012:

(A) The product category as specified in section 94509(a) or an abbreviation ofthe category shall be displayed;

(B) 

### 1. Theapplicable VOC standardfor the product is specifiedin section 94509(a), except for Energized Electrical Cleaner, expressed as a percentage by weight, shall be displayed unless the product is included in an alternative control plan approvedby the Executive Officer, as provided in Article 4, Sections 94540-94555, Title 17, California Code of Regulations, and the product exceeds the applicable VO<;: standard;

2. Ifthe product is included in an alternative control plan·approved by the Executive Officer, and the product exceeds the applic'ilble VOC standard specified in section 94509(a), the product shall be labeled with the term "ACP" or "ACP product;"

...,

(C) Ifthe productis classified as a special purpose spray·adhesive, the applicable substrate and/or application or an abbreviation of the substrate/application that qualifies the product as special purpose shall be displayed;

(D) If the manufacturer or responsible party uses an abbreviation as allowed by this subsection 94512(d)(1)(A), an explanation of the abbreviation must be filed with the Executive Officer before the abbreviation is used.

(2) The information required in section 94512(d)(1), shall be displayed on the product container such that itis readily observable without removing ordisassembling any portion oftheproductcontainer orpackaging. Forthe purposes ofthis subsection, information may be displayed

on the bottom ofa container as long as itisclearly legiblewithoutremoving any product packaging.

(3) No person shall remove, alter, conceal, or deface the information required in section 94512(d)(l) prior to final sale ofthe product. (e) 

### Additional Requirementsfor Multi-purpose Solvent and Paint Thinner

. The following requirements apply in addition to the requirements specified in section 94512(a), (b), and (c):

(1) Exceptas providedbelow in section94512(e)(2), effectiveDecember 31,2010,until December 31,2015,no person shall sell, supply, offer for sale, or manufacture for use in Ca:lifornia any "Flammable" or "Extremely Flammable" Multi-purpose Solvent orPaintThinnernamed, on the Principle Display Panel as "Paint Thinner," "Multi-purpose Solvent," "Clean-up Solvent," or "Paint Clean-up."

(2) Section 94512(e)(l) does not apply to products that meet either of the following criteria:

(A) Products which include an attached "hang tag," sticker, or contrasting squareorrectangularareaon thePrincipleDisplayPanel thatdisplays, at a minimum, the following statements in a font size as large as,
or larger than, the "signal word" (i.e., "DANGER," "WARNING," or



### Page396 Register 2010, No. 39; 9-24-2010/ 

### Title 17 Air Resources Board 

### § 94513

"CAUTION") as specified in title 16, Code ofFederal Regulations, section 1500.121:

"Formulated to meet California VOC limits; see warnings on label; Yea las advertencias en la etiqueta, formulado complacientes con !eyes de California" or

(B) Products where the Principle Display Panel displays, inbothEnglish and Spanish and a font size as large as, or larger than, the font size ofall other words on the panel, the common,name ofthe chemical compound (e.g., "Acetone," "Methylacetate," etc.) thatresults intheproduct meeting the criteria for "Flammable" or "Extremely Flammable."

(3) For the purposes ofthis subsection (e), a product is "Flammable"

orExtremely Flammable" ifit is labeled as "Flammable" or "Extremely Flammable" on the product container, orifthe product meets the criteria for these terms specified in title16, Code ofFederal Regulations, section 1500.3(c)(6). NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 2. Amendment filed 12-7-92; operative 1-6-93 (Register 92, No. 50). 3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government

Code section 11343.4(d) (Register 97, No. 47). 4. Amendmentofsubsections (b), (b)(2) and (c) filed 7-17-98;operative 8-16-98

(Register 98, No. 29). 5. New subsections (d)-(d)(3) filed 4-18-2001; operative 5-18-2001 (Register

2001, No. 16). 6. Amendment filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25). 7. Amendment ofsubsection (a)(3) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45). 8. Amendment of subsections (b)(1), (d)-(d)(1) and (d)(1)(D) filed 6-18-2009;

operative 7-18-2009 (Register 2009, No. 25). 9. New subsections (e)-(e)(3) filed 9-20-2010; operative 10-20-2010 (Register

2010, No. 39). § 

### 94513. Reporting Requirements.

(a) Upon90days writtennotice, theExecutive Officermayrequire any responsible party to report information for any consumer product or products the Executive Officermay specify including, buthot liinitedto, all orpartofthefollowing information specifiedinthe following subsections (a)(l)through (a)(12). Iftheresponsibleparty does nothave ordoes
not provide the information requested by the Executive Officer, the Executive Officer may require the reporting of this information by the person that has the information, including, butnotlimited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

(1) the company name, address, telephone number, and designated
contact person; (2) any claim ofconfidentiality made pursuant to Title 17, California Code ofRegulations, Section 91011;

(3) theproductbrandname for eachconsumerproduct andthe product label;

(4) the product category to which the consumer product belongs; (5) the applicable product form(s) listed separately; (6) an identificationofeachproductbrandnameandform as a "Household Product," "1&1 Product," or both;

(7) separate California sales in pounds peryear, to the nearest pound, and the method used to calculate California sales for each product form;

(8) for information submittedby multiplecompanies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party. All information from all companies shall be submitted by the date specified in Section 94513(a);

(9) for each product brand name and form, the net percent by weight ofthe total product, less container and packaging, comprised ofthe following, rounded to the nearest one-tenth of a percent (0.1%):

(A) Total Table B Compounds (B) Total LVP-VOCs that are not fragrances (C) Total All Other Carbon-Containing Compounds that are not fragrances (D) Total All Non-Carbon-Containing Compounds (E) Total Fragrance (F) For products containing greater than two percent by weight fragrance, but excluding "personal fragrance products":

(i) the percent offragrance that are LVP-VOCs, and (ii) the percent offragrance that are all other carbon-containing compounds (G) For "personal fragrance products," the density ofthe fragrance (H) Total Para-dichlorobenzene ( 1

0) for each product brandname and form, the identity, includingthe specific chemical name and associated Chemical Abstract Services (CAS) number, ofthe following:

(A) Each Table B Compound (B) Each LVP-VOC that is not a fragrance (11) ifapplicable, the weight percentcomprised ofpropellentfor each product;

(12) ifapplicable, an identification ofthe type ofpropellent (Type A, Type B, Type C, or a blend ofthe different types);

(b) In additionto therequirements ofsection 94513(a)(10), theresponsible party shall report or shall arrange to have reported to the Executive Officer the net percent by weight of each ozone-depleting compound which is (1) listedin section 94509(e) and (2) containedina product subject to reporting under section 94513(a) in any amount greater than 0.1 percent by weight.

(c) All information submittedbyany personpursuantto Section94513 shall behandled in accordance with the procedures specified in Title 17, California Code ofRegulations, Sections 91000-91022.

(d) Special Reporting Requirements forAerosolAdhesives On orbeforeMarch31
,. 2004, all responsibleparties for aerosol adhesives shall report to the Executive Officer the following information for products sold or offered for sale in California:

(1) dataregarding product sales andcompositionfor theyear2003, including the information listed in Section 94513(a), and any other information that the Executive Officer may specify; and

(2) a written update ofthe research and developmentefforts undertaken to achieve VOC limits lower than the limits specified in section 94509(a). The written update must include detailed information about the raw materials (solvents, propellants, resins, and polymers) and hardware (valves, actuators, cans) used in product reformulation, the testing protocols used, the results ofthe testing, and the cost ofreformulation efforts.

(3) OnorbeforeDecember31, 2003, theExecutiveOfficershallnotify responsible parties in writing that they are to submit aerosol adhesive product and research data by March 31, 2004.

(e) SpecialReporting Requirements for ConsumerProducts that Contain Perchloroethylene orMethylene Chloride:

(1) The requirements ofthis subsection shall apply to all responsible parties for: ·

(A) consumerproducts thatare subjectto section 94509(a) and contain perchloroethylene or methylene chloride, and

(B) EnergizedElectrical Cleaners as defined in section 94508(a), that contain perchloroethylene or methylene chloride. For the purposes of this subsection, a product "contains perchloroethylene or methylene chloride" ifthe product contains 1.0 percent or more by weight (exclusive ofthe container orpackaging) ofeitherperchloroethylene ormethylene chloride.

(2) Foreach consumerproduct that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold inCalifornia during each calendar year, beginning with the year 2000, and ending with the year 2010:

(A) the product brand name and a copy ofthe product label with legible usage instructions;

(B) the product category to which the consumer product belongs; (C) the applicable product form(s) (listed separately);



### Page396.1 Register 2010, No. 39; 9-24-2010

### § 

### 94514 

### BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

(D) foreachproductform listedin (C), the total sales inCaliforniaduring the calendar year to the nearest pound (exclusive ofthe container or packaging), and the method used for calculating the California sales;

(E) the weight percent, to the nearest 0.10 percent, ofperchloroethylene and methylene chloride in the consumer product.

(3) The information specified in subsection 94513(e)(2) shall be reported for each calendar yearby March 1 ofthefollowing year. Thefirst report shall be due on March 1, 2001, for calendar year 2000. A new report is due onMarch 1 ofeach yearthereafter, until March 1, 2011, when the last report is due.

(4) Uponrequest, theExecutive Officer-shall make thepercbloroetbylene information submitted pursuant to this subsection available to publicly owned treatment works in California, in accordance with the procedures for handling of confidential information specified in Title 17, California Code ofRegulations, sections 91000-91022.

(A) On orbeforeJuly 1, 2002, the Executive Officer shall evaluatethe information, along with data on influent and effluent levels ofperchloroethylene as reported by publicly-owned treatment works personnel and any otherrelevant information, to determine ifit is likely that publicly-owned treatment works areexperiencing increased levels ofperchloroethylene, relativeto 1996levels, that can be attributed to consumer products which contain perchloroethylene.

(B) Ifthe Executive Officer determines that it is likely that increased perchloroethylene levels at the publicly-owned treatment works are caused by increased levels of perchloroethylene in consumer products subjectto thisregulation, then theExecutive Officer shall,inconjunction with the publicly-owned treatment works and other appropriate parties, implement measures which are feasible, appropriate, and necessary for reducing perchloroethylene levels at the publicly-owned treatment works.

(f) SpecialReporting Requirements for Multi-purpose Lubricant and Penetrantproducts

(1) On orbeforeMarch 31, 2012, all responsibleparties for Multi-purpose Lubricantand Penetrantproducts shall report to the Executive Officer the following information for products sold or offered for sale in California:

(A) data regarding product sales and composition for the year 2011, including the information listed in section 94513(a), the entire product label; and

(B) a writtenupdate ofthe research and development efforts undertaken to achieve the 25 percent VOC limits specified in section 94509(a). The written update must include detailed information about the raw materials evaluated for use, maximum incremental reactivity (MIR) values for any VOC orLVP-VOCused orevaluated, the function oftheraw material evaluated, hardware used in product reformulation, thetesting protocols used, the results of the testing, and the cost of reformulation efforts.

(2) OnorbeforeMarch 31, 2014, all responsibleparties for Multi-purpose Lubricantproducts shall reportto the Executive Officerthe following information for products sold or offered for sale in California:

(A) data regarding product sales and composition for the year 2013, including the information listed in Section 94513(a), the entire product label; aild

(B) a writtenupdate oftheresearch and development effortsundertaken to achievethe 10percentVOClimit specifiedin section94509(a). The written update must include detailedinformation about theraw materials evaluated for use, MIR values for any VOC or LVP-VOC used or evaluated, thefunction ofthe raw material evaluated, hardwareusedinproduct reformulation, the testing protocols used, the results of the testing, and the cost ofreformulation efforts.

(g) Special Reporting Requirementsfor Multi-purpose Solvent and Paint Thinnerproducts (1) On orbefore June 30, 2012, all responsible parties for Multi-purpose Solventand PaintThinnerproducts shallreportto theExecutiveOfficer the following information for products sold or offered for sale in California: (A) data regarding product sales and composition for the year 2011, including the information listedin section 94513(a), and the entireproduct label; and

(B) a writtenupdate oftheresearch and development effortsundertaken to achievethe 3 percentVOClimits specifiedin section 94509(a). The written update mustinclude detailed information aboutthe raw materials evaluatedfor use; maximumincremental reactivity (MIR) values for any VOC or 

### LVP-VOC used or evaluated; the function of the raw material evaluated; the testing protocols used; the results of the testing; and the
cost ofreformulation efforts.
NOTE: Autli.ority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and41712, Health and Safety Code.
HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 2. Amendment of subsections (a)-(a)(6), new subsections (a)(7)-(12), repealer

and new subsection (b) and relettering, and amendment of subsection (c) filed 12-7-92; operative 1-6-93 (Register 92, No. 50). 3. Amendment of section heading and section filed 11-18-97; operative

11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).

. 4. New subsections (t)-(t)(3) filed 12-23-97; operative 12-23-97 pursuant to

Government Code section 11343.4(d) (Register 97, No. 52). 5. Editorial correction ofsubsection (e)(5)(B) (Register 98, No. 29). 6. Amendment of subsections (e) and (e)(!)**a~d** new subsections (g)-(g)(3)(D)

filed 7-17-98; operative 8-16-98 (Register 98, No. 29). 7. Amendment implementing Mid-Term Measures II filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42). 8. Amendment of subsections (d)-(d)(2) and new subsection (d)(3) filed

4-18-2001; operative 5-18-2001 (Register 2001, No. 16). 9. Amendment filed 6-20-2005; operative 7-20-2005 (Registec!2005, No. 25). 10. Amendment ofsubsections (e), (e)(2)(D) and (e)(4) filed JilF.8,;,-2007; operative 12-8-2007 (Register2007, No. 45).
.,_ 11. Amendment of subsection (e)(l)(B) and new subsections (f).:.(t)(2)(B) filed

6-18-2009; operative 7-18-2009 (Register 2009, No. 25). 12. Amendment of subsections (a), (t)(l)(A) and (t)(2)(A) and**~ew** subsections

(g)-(g)(l)(B) filed 9-20-2010;operative 10-20-2010 (Register2010, No. 39).
§ 

### 94514. Variances.

(a) Applications for variances. Any person who cannot comply with therequirements setforth in Section 94509 because ofextraordinary reasons beyond the person's reasonable control may apply in writing to the Executive Officerfor a variance. The variance application shall setforth: (1) the specific grounds upon which the variance is sought; (2) the proposed date(s) by which compliance with the provisions of Section 94509 will be achieved;

(3) a compliance report reasonably detailing the method(s) by which compliance will be achieved; and

(4) for applicants requesting a variance from the June 1, 1999 55 percent VOC standard for hairspray products, the variance application shall also include a plan describinghow the applicant will mitigate the excess VOC emissions that would be emitted during the period ofthe variance.

(b) Notices andpublic hearings for variances. Up'on receipt ofa variance application containing the information required in subsection (a), the Executive Officer shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in Section 94509 is necessary and will be permitted. A hearing shall be initiated no laterthan 75 days after receipt ofa variance application. Notice ofthetime and place ofthe hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 30 days prior to the hearing. The notice shall state that the parties may, but need notbe, represented by counsel at the hearing. At least 30 days prior to the hearing, the variance application shall bemade available to thepublic for inspection. Interested members ofthe public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered.

(c) Treatment ofconfidential information. Information submitted to the Executive Officer by a variance applicant may be claimed as confi

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dential, and such information shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. The Executive Officer may consider such confidential information in reaching a decision on a variance application. (d) Necessaryfindingsfor granting variances. No variance shall be granted unless all ofthe following findings are made:

(1) that, becauseofreasons beyondthereasonablecontrol ofthe applicant, requiring compliancewith Section 94509 wouldresultin extraordinary economic hardship. (2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increasedemissions ofaircontaminants which wouldresult from issuing the variance. (3) that the compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible. (e) Variance orders. Any variance order shall specify a final compliance date by which the requirements of Section 94509 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such otherconditions that theExecutive Officer, inconsideration ofthe testimony received at the hearing, finds necessary to carry out the purposes ofDivision 26 ofthe Health and Safety Code.

(f) Situations inwhich variancesshallcease to be effective. A variance shall ceaseto beeffective uponfailure ofthe party to whomthe variance

was granted to comply with any term or condition ofthe variance.

(g)Modification andrevocation of variances. Uponthe application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from requirements of Section 94509 after holding a public hearingin accordance with the provisions ofsubsection (b).

(h) Special conditions in variance orders for hairsprayproducts. In imposing conditions in variance orders granted from the June 1, 1999, 55 percentVOC standardforhairsprayproducts, theExecutive Officer, in addition to any other conditioris that may be imposed, shall require the applicant to mitigate the excess VOC emissions that would be emitted during the period ofthe variance. Ifthis mitigation requirement would result in an extraordinary economic hardship to the applicant, or ifother good cause exists, theExecutive Officer may waive all orpart of this requirement. NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 2. Amendment of subsection (b) filed 12-7-92; operative 1--6-93 (Register 92,

No. 50). 3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government

Code section 11343.4(d) (Register 97, No. 47). 4. Amendment ofsubsections (a)(2)-(3) and new subsections (a)(4) and (h) filed

12-23-97; operative 12-23-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 52). 5. Amendmentofsubsections (b) and (c) filed 7-17-98; operative 8-16-98 (Register 98, No. 29). 6. Amendment italicizing descriptive headings filed 10-20-2000; operative

11-19-2000 (Register 2000, No. 42). 7. Amendmentofsubsection (h) filed 11-8-2007; operative 12-8-2007 (Register

2007, No. 45).

§ 

### 94515. Test Methods.

(a)(l) VOC and GWP compound content determination using ARB Method310. Testing to determine compliance with the requirements of this article shall be performed using Air Resources Board Method 31 0, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997 and as last amended on August 6, 2010, which is incorporated herein by reference. Alternative methods which are shown to accurately determine the concentration ofVOCs in a subject product or its emissions may be used upon approval oftheExecutive Officer.

(2) In sections 3.5, 3.6, and 3.7 ofAirResources Board (ARB) Method 310, a process is specified for the "Initial Determination ofVOC Content" and the "Final Determination ofVOC Content". This process is an

· integral part oftesting procedures set forth in ARB Method 31 0, and is reproduced below:

Sections 3.5, 3.6, and 3.7 ofAir Resources Board Method 310 3.5 InitialDetermination ofVOC Content. TheExecutive Officer will determine the VOC content pursuant to sections 3.2 and 3.3. Only those components With concentrations equal to or greater than 0.1 percent by weight will be reported.

3.5.1 Using the appropriate formula specified in section 4.0, the Executive Officerwill make aninitial determination ofwhetherthe product
meets the applicable VOC standards specifiedinARB regulations. Ifinitial results show that the product does notmeet the applicable VOC standards, the Executive Officer may perform additional testing to confirm the initial results.

3.5.2 Ifthe results obtained under section 3.5.1 show that the product does not meet the applicable VOC standards, the Executive Officer will request the product manufacturer orresponsible party to supply product formulation data. Themanufacturerorresponsible party shall supply the requestedinformation. Information submittedto the ARB Executive Officer may be claimed as confidential; such information will be handled in accordance with the confidentiality procedures specified in Title 17, California Code ofRegulations, sections 91000 to 91022.

3.5.3 Ifthe information supplied by the manufacturer or responsible party shows that the productdoes not meet the applicable VOC standards, then the Executive Officer will take appropriate enforcement action.

3.5

### .4 Ifthemanufacturer orresponsible party fails to provideformulation data as specified in section 3.5.2, the initial determination ofVOC
content under this section 3.5 shall determine if the product is in compliance with the applicable VOC standards. This determination may be used to establish a violation ofARB regulations.

3.6 Determination of the LVP-VOC status of compounds and mixtures. This section does not apply to li!ltiperspirants and deodorants or aerosol coating products because there is no LVP-VOC exemption for these products.

3.6.1 Formulation data. Ifthe vapor pressure is unknown, the following ASTM methods, which are incorporatedby reference herein, may be used to determine the LVP-VOC status of compounds and mixtures: ASTM D 86-01 (Aug. 10, 2001), ASTM D 850-00 (Dec. 10, 2000), ASTMD 1078-01 (June 10,2001),ASTMD2879-97(April10, 1997),

as modifiedin Appendix B to this Method 310, ASTM D 2887-01 (May 10, 2001) as ASTM E 1719-97 (March 10, 1997).

3.6.2LVP-VOC status of"compounds" or"mixtures."TheExecutive Officer will test a sample oftheLVP-VOCusedin theproductformulation to determine theboilingpointfor

# a compound orfor a mixture. Ifthe boilingpointexceeds 216°C, the compoundormixtureis anLVP-VOC. Iftheboilingpointis less than 216°C, then the weightpercentofthemixture which boils above 216° Cis an LVP-VOC. The Executive Officer will use the nearest 5 percent distillation cut that is greater than 216° C

as determined under 3.6.

### i to determine the percentage of the mixture qualifying as an LVP-VOC.

3.6.3 Reference method for identification ofLVP-VOC compounds and mixtures. Ifa product does notqualify as anLVP-VOCunder 3.6.2, the Executive Officer will test a sample ofthe compound ormixture used in a products formulation utilizing one or both ofthe following: ASTM D 2879-97 (April 10, 1997), as modified in Appendix B to this Method 310, and ASTM E 1719-97 (March 10, 1997), to determine ifthe compound or mixture meets the requirements of Titles 17, CCR, section 94508(a)(98)(A).

3.7 Final Determination ofVOC Content. If a product's compliance
status is not satisfactorily resolvedunder sections 3.5 and3.6, theExecu

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### 94516 

### BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

tive Officer will conduct further analyses and testing as necessary to verify the formulation data.

3.7.1 If the accuracy ofthe supplied formulation data is verified and the product sample is determined to meet the applicableVOC standards, then no enforcement action for violation of the VOC standards will be taken.

3.7.2 If the Executive Officer is unable to verify the accuracy of the supplied formulation data, then the Executive Officer will request the product manufacturer or responsible party to supply information to explain the discrepancy.

- 3.7.3 Ifthere exists a discrepancy thatcannotberesolved between the

results ofMethod 310 and the supplied formulation data, then theresults ofMethod 310 shall takeprecedence overthe supplied formulation data. The results ofMethod 310 shall then determine ifthe productis in compliance with the applicable VOC standards, and may beused to establish

a violation ofARB regulations.

(b) VOC content determinations using product formulation and records. Testing to determine compliance with the requirements ofthis article may also be demonstrated through calculation ofthe VOC from records ofthe amounts ofconstituents used to make the product, pursuant to the following criteria:

(1) Compliancedetermination based on theserecords may notbe used unless the manufacturer of a consumer product keeps accurate records for each day ofproduction ofthe amounts and chemical composition of the individual product constituents. These records must be kept for at least three years.

(2) Forthe purpose ofthis section94515(b), the VOC content shall be calculated according to the following equation:


### VOC Content 

# = B 

# A C x 100

where, A = total net weight ofunit (excluding container and packaging) B =total weight ofall VOCs, as defined in Section 94508(a), per unit C = total weight ofVOCs exempted under Section 94510, per unit (3) Ifproductrecords appearto demonstratecompliancewiththeVOC limits, but these records are contradicted by product testing performed using ARB Method 310, theresults ofARB Method 310 shall takeprecedenceoverthe productrecords and may beused to established a violation ofthe requirements ofthis article.

(c) Aromatic Compound content determination for .Multi-purpose Solvent or Paint Thinner using ARB Method 310. Testing to determine compliance with the requirements of section 94509(u)(l)(C), shall be performed using Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997 and as last amended on August 6, 2010, which is incorporated by reference herein. Alternativetest methods that are demonstratedto beequally ormore accuratethanARB Method310indetermining the Aromatic Compound content in a product or its emissions may be used upon the written approval ofthe Executive Officer.

(d) Aromatic Compound content determinationsfor Multi-purpose SolventorPaint Thinner usingproduct formulation andrecords. Testing
to determine compliance with the requirements of section 94509(u)(l)(C), may also be demonstrated through calculation ofAromatic Compound content from records of the amounts of constituents used to make the product pursuant to the following criteria:

(1) Compliance determinations based on these records may not be used unless the manufacturer ofa Multi-purpose Solvent orPaintThinner keeps accurate records for each day ofproduction ofthe amount and chemical composition of the individual product constituents. These records must be kept for at least three years.

(2) Forthe purposes ofthis section 94515(d), theAromatic Compound
content shall be calculated according to the following equation:

Aromatic Compound Content = 

### E x 100 D where, D =total net weight ofunit (excluding container and packaging) E = total weight of all Aromatic Compounds, as defined in Section 94508(a), perunit

(3) Ifproductrecords appearto demonstrate compliancewith the Aromatic Compound limit, but these records are contradicted by product testing performed using ARB Method 310, the results of ARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this article.

(e) Determination of liquid or solid. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (May 25, 1990), which is incorporated by reference herein.

(f) Compliance determinations for charcoal lighter material products. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified inthe South CoastAirQuality Management DistrictRule 1174Ignition Method Compliance Certification Protocol (February 28, 1991), which is incorporated by reference herein.

(g) Testing to determine distillation points of petroleum distillatebased charcoal lightermaterial shall beperformedusing ASTM D86-01 Aug. 10, 2001, which is incorporated by reference herein.

(h) Fragrance content determinations for personal fragrance products. Testing to determine the percent by weight offragrance in personal fragrance products shall beperformed according to theAssociation ofOfficial Analytical Chemists (AOAC) Official Method of Analysis No. 932.11, 1990, "Essentiai Oil in Flavor Extracts and Toilet Preparations, Babcock Method" (AOAC Official Methods ofAnalysis, 15th Edition, 1990), which is incorporated by reference herein.

(i) No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture aproduct, the chemical compositiomoftheindividual product, and any other test, processes, or records used':_in connection with product manufacture. .,_,· NOTE: Authority cited: Sections 39600, 39601, 39607, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39607, 40.000, 41511 and 41712, Health and Safety Code. · · -- HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92,.No. 12). 2. Amendmentofsubsection (b) and new subsections ( c)-(f)filed '12-7-92; operative 1-6-93 (Register 92, No. 50). · 3. Amendmentofsection and NoTE filed 11-13-97;operative 12-13-97 (Register

97, No. 46). 4. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government

Code section 11343.4(d) (Register 97, No. 47). 5. Amendment ofsubsection (b)(2) filed 7-17-98; operative 8-16-98 (Register

98, No. 29). 6. Amendment filed 11-16-99; operative 12-16-99 (Register 99, No. 47). 7. Amendment of subsection (a)(2) filed 10-20-2000; operative 11-19-2000

(Register 2000, No. 42). 8. Amendment ofsubsections (a)(1)-(2), (c) and (e) filed 6-20-2005; operative

7-20-2005 (Register 2005, No. 25). 9. Amendment ofsubsection (a)(2) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45). · 10. Amendment of subsections (a)(1) and (a)(2) filed 6-18-2009; operative

7-18-2009 (Register 2009, No. 25). 11. Amendment ofsubsections (a)(1)-(2), new subsections (c)-(d)(3), subsection

relettering and amendment of newly designated subsections (e) and (g) filed 9-20-2010; operative 10-20-2010 (Register2010, No. 39). 

### § 94516. Severability.

Eachpartofthis article shallbedeemed severable, andinthe eventthat any part ofthis article is held to be invalid, the remainder ofthis article shall continue in full force and effect. NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. HISTORY I. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

### § 94517. 'Federal Enforceability.

Forpurposes offederal enforceability ofthis article, the Environmental Protection Agency is not subject to approval determinations madeby the Executive Officer under Sections 94511, 94514, and 94515. Within 180 days ofa request from a person who has been granted an exemption


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or variance under Section 94511 or 94514, an exemption or variance meeting the requirements ofthe Clean Air Act shall be submittedby the Executive Officerto the Environmental Protection Agency for inclusion in the applicable implementation plan approved or promulgated by the Environmental Protection Agency pursuant to Section 110 ofthe Clean Air Act, 42 U.S.C., Section 7410. Prior to submitting an exemption grantedunder Section 94511 as a revision to the applicable implementation plan, the Executive Officer shall hold a public hearing on the proposedexemption. Notice ofthetimeandplaceofthehearing shallbesent to the applicantbycertifiedmail notlessthan 30dayspriorto thehearing. Notice ofthe hearing shall also be submitted for publication in the California Regulatory NoticeRegister and sent to theEnvironmental Protection Agency, every person who requests such notice, and to any person

or group ofpersons whom the Executive Officer believes may be interestedinthe application. Within30days ofthehearingtheExecutiveOfficershall notify the applicant ofthedecisionin writing as providedin Section 94511(t). The decision may approve, disapprove, or modify an exemption previously granted pursuant to Section 94511. NOTE: Authority cited: Sections 39600, 39601, 39602 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39602, 40000 and 41712, Health and Safety Code. HISTORY 1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 2. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government

Code section 11343.4(d) (Register 97, No. 47).



## Article 3. Aerosol Coating Products

§ 

### 94520. Applicability

This article shall apply to any person who sells, supplies, offers for sale, applies, ormanufactures aerosol coatingproducts foruseinthestate ofCalifornia, except as provided in section 94523. NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002,39600, 40000 and 41712, Health and Safety Code. HISTORY 1. New Article 3 (sections 94520-94528) and section filed 1-8-96; operative

1-8-96pursuantto Government Code section 11343.4(d) (Register96, No. 2).
§ 

### 94521. Definitions.

(a) For the purposes ofthis article, the following definitions apply: (1) "Adhesive" means a product used to bond one surface to another. (2) "Aerosol Coating Product" means a pressurized coating product containing pigments or resins that dispenses product ingredients by

means ofa propellant, and is packagedin a disposable canforhand-held application, orfor use in specialized equipment for ground traffic/marking applications. (3) "Anti-Static Spray" means a product used to prevent orinhibitthe accumulation of static electricity.

(4) "ArtFixative or Sealant" means a clear coating, including art varnish, workable art fixative, and ceramic coating, which is designed and labeled exclusively for application to paintings, pencil, chalk, or pastel drawings, ceramic art pieces, orother closely related artuses, in orderto provide a final protective coating or to fix preliminary stages of artwork while providing a workable surface for subsequent revisions.

(5) "ASTM" means the American Society for Testing and Materials. (6) "AutoBodyPrimer" means an automotiveprimerorprimer surfacer coating designed and labeled exclusively to be applied to a vehicle body substratefor thepurposes ofcorrosion resistance andbuilding arepairareato a conditioninwhich, afterdrying,itcanbesandedto a smooth surface.

(7) "AutomotiveBumperandTrim Product" means a product, including adhesion promoters and chip sealants, designed and labeled exclusively to repair and refinish automotive bumpers and plastic trim parts.

(8) "AutomotiveUnderbody Coating" means a flexible coating which contains asphalt orrubberand is designed andlabeledexclusively for use

on theunderbody ofmotor vehicles to resist rust, abrasion and vibration, and to deaden sound. (9) "Aviation Propeller Coating" means a coating designed and labeledexclusively to provide abrasionresistance andcorrosionprotection for aircraft propellers.

(10) "Aviation or Marine Primer" means a coating designed and labeled exclusively to meet federal specification TT-P-1757.

(11) "Base Reactive Organic Gas Mixture" (Base ROG Mixture)

means the mixture ofreactive organic gases utilizedin deriving the MIR scale.

(12) "Belt Dressing" means a product applied on auto fan belts, water pump belting, power transmission belting, and industrial and farm machinery belting to prevent slipping, and to extend belt life.

(13) "Cleaner" means a product designed and labeled primarily toremove soil or other contaminants from surfaces.

(14) "Clear Coating" means a coating which is colorless, containing resins butno pigments exceptflatting agents, and is designed and labeled
to form a transparent or translucent solid film.

(15) "Coating Solids" means the nonvolatileportion ofan aersol coating product, consisting of the film forming ingredients, including pigments and resins.

(16) "Commercial Application" means the use of aerosol coating products inthe production ofgoods, orthe providingofservices for profit, including touch-up and repair.

(17) "Corrosion Resistant Brass, Bronze, or Copper Coating" means

a clear coating designed and labeled exclusively to prevent tarnish and corrosion ofuncoated brass, bronze, or copper metal surfaces.

(18) "Distributor'' means any personto whoman aerosol coatingproduct is sold or supplied for the purposes ofresale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors.

(19) "Dye"means a productcontainingnoresins whichisusedto color

a surface or object without building a film.

(20) "ElectricalCoating"means a coating designed andlabeledexclusively as such, which is used exclusively to coat electrical components such as wire windings on electric motors to provide insulation and protection from corrosion.

(21) "Enamel" means a coating which cures by chemical cross-linking ofits base resin and is not resoluble in its original solvent.

(22) "Engine Paint" means a coatingdesigned and labeled exclusively
to coat engines and their components.

(23) "ExactMatch Finish,EnginePaint" means a coating which meets all ofthe following criteria: (A) the product is designed and labeled exclusively to exactly match the color of an original, factory-applied engine paint; (B) the product is labeled with the manufacturer's name for which they were formulated; and (C) the product is labeled with one of thefollowing: (1.) the originalequipmentmanufacturer's (O.E.M.) color code number; (2.) the color name; or (3.) other designation identifying the specific O.E.M. color to the purchaser.

(24) "ExactMatch Finish, Automotive" means a topcoat which meets all ofthe following criteria: (A) the productis designed and labeled exclusively to exactly match the color ofan original, factory-applied automotive coating duringthetouch-up ofautomotivefinishes; (B) the product is labeled with the manufacturer's name for which they were formulated; and (C) theproductis labeled with one ofthe following: (1.) the original equipment manufacturer's (O.E.M.) colorcodenumber; (2.) the colorname; or (3.) otherdesignation identifying the specific O.E.M. color to the purchaser. Not withstanding the foregoing, automotive clear coatings designed andlabeled exclusively foruse over automotive exact matchfinishes to replicate the originalfactory appliedfinish shallbeconsidered to be automotive exact match finishes.

(25) "ExactMatch Finish, Industrial" means a coating which meets all ofthe following criteria: (A) the product is designed and labeled exclusivelyto exactlymatch thecolorofan original, factory-appliedindustrial coating during the touch-up of manufactured products; (B) the product is labeledwith the manufacturer's namefor whichthey were formulated; and (C) the productis labeled with one ofthe following: (1.) the original equipment manufacturer's (O.E.M.) color code number; (2.) the color



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