### 1667 K Street NW, Suite 300 | Washington, DC 20006 | www.cspa.org | 202

- 872

- 8110

October 15 , 2012 via electronic transmission

Air Resources Board

1001 I Street , 23 rd Floor Sacramento, California 95814

Attn: Ms. Lori Andreoni Manager

, Board Administration and Regulations Coordination Un it http://www.arb.ca.gov/lispub/comm/bclist.php

Subject: Proposed Amendments to the California Consumer Products Regulation Pertaining to

Automotive Windshield Washer Fluid Products ; Board Agenda Item # 12

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Dear Board Members:

Th e Consumer Specialty Products Association (CSPA) 1 appreciates the opportunity to offer

comments on the California Air Resources Board ( ARB ) proposal to modify current regulatory requirements for the Automotive Windshield Washer Fluid (AWWF) product category

. 2 In

s ummary, ARB is proposing to expand the Type “ A ” ar ea to include new areas of the State that are typically at higher elevations and exp erience freezing temperatures. In addition, ARB is proposing modifications intended to clarify the definition of the AWWF product category. For reasons detailed below, CSPA supports ARB‟s proposed modifications.

1. ARB‟s proposed modification to the definition of the AWWF product category enhances the overall clarity of the applicable regulatory requirements

.

As a thres hold matter, ARB‟s carefully constructed definitions of product categories and other

related terms are the central component of California‟s c omplex and comprehensive Consumer Products Regulation. 3 Thus, CSPA strongly supports ARB‟s proposal to consolidat e all

1 CSPA is a voluntary, non

- profit national trade association representing approximately

230 companies engaged in the manufact ure, formulation, distribution, and sale of products for household, institutional, commercial and industrial use. CSPA member companies' wide range of products includes home, lawn and garden pesticides, antimicrobial products, air care products, automotiv e specialty products, detergents and cleaning products, polishes and floor maintenance products, and various types of aerosol products. Through its product stewardship program Product Care ® , and scientific and business

to

- business endeavors, CSPA provides its members a platform to effectively address issues regarding the health, safety, sustainability and environmental impacts of their products.

2 The proposed regulation is posted on the ARB‟s website at: http://www.arb.ca.gov/regact/2012/cp2012/cpappa.pdf

. Other relevant documents related to this proposed regulation are posted at: http://www.arb.ca.gov/regact/2012/cp20 12/cp2012.htm

.

3 See 17 CCR § 94508(a).CSPA Comments on Board Agenda Item # 12

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October 15 , 20 12 Page 2 of 3

definitions pertaining to the AWWF in a single modified definition

. 4 This modification will enhance the overall clarity of the definition for this particular product category.

The current description of Type “A” area lists: (1) specific air basins that are defined in other sections of the California Code of Regulations, or (2) entire counties. 5 The current reference to specified air basins is not readily c omprehensible to the public and the regulated companies

. Therefore, CSPA supports ARB‟s proposal to include the names of the counties t hat comprise

the air basins in the Type “A” area. CSPA agrees with ARB staff‟s statement that “...county boundaries are more readily understood than are air basins boundaries.” 6

CSPA also supports ARB‟s proposal to use the U.S. Postal Service‟s zip codes to identify the freezing regions of the State that are being added to the Type “A” area. CSPA agrees with the

ARB staff‟s conclusion that zip codes “...are commonly used and understood...and their use would provide a practical way for manufacturers, distributors, and retailers to manage the distribution and sale of AWWF products into the new Type „ A ‟ areas.” 7

2. ARB‟s proposed modification s will promote public safety by expanding Type “ A ” a rea to include other part s of the state that routinely experience freezing t emperatures

.

During winter months, drivers in colder areas of California must contend with ice, snow and freezing road spray. The use of freeze

- resistant pre

- mixed ( i.e

., ready

- to

- use) AWWF products

enable drivers to maintain clear vision that is necessa ry to safely operate their vehicles. By expanding Type “ A” area to include narrowly

- defined additional parts of the state ( identified by zip codes) that routinely experience freezing, the ARB will promote public safety by ensuring

that drivers will be abl e to use freeze

- resistant AWWF products.

3. ARB‟s proposed modification to the labeling requirements for dilutable ( i.e.

, concentrated) AWWF products will improve safety for drivers who occasionally

travel to areas of the state that experience freezing tempe ratures

.

The proposed modification will allow product labels for dilutable ( i.e. , concentrated) AWWF products to include instructions informing consumers that they may follow the dilu tion instructions for Type “A” area when traveling to regions of the Sta te that experience freezing

temperatures. 8 CSPA supports this proposed revision since it will allow manufacturers to provide instructions on product labels that clearly communicate the fac t that drivers may legally mix

dilu table AWWF to a specified level and thereby ensure that the product will not freeze in the

vehicle‟s windshield washer reservoir.

4 P roposed Section 94508(a)(20).

5 See Table of Standards at 17 CCR § 94509(a).

6 ARB, “Staff Report: Initial Statement of Reasons, Proposed Amendments to the California Regulation for Reducing Emis sions from Consumer Products Pertaining to Automotive Windshield

Washer Fluid Produc ts,” (Aug. 29, 2012) at Ch. 2 p . 16.

7 Id. at Ch. 2 p. 11.

8 P roposed Section 94509(b)(3) (C)

.CSPA Comments on Board Agenda Item # 12

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October 15 , 20 12 Page 3 of 3



### S UMMARY AND 

### C ONCLUSIONS

CSPA supports the proposed modifications to the regulatory requirements for the AWWF product category. In addition to promoting p ublic safety, the proposed amendments clarify both the definition and the scope of the applicable regulatory requirements for this product category.

If you have any questions, please contact us at (202) 872

- 8110.

Respectfully submitted,

D. Doug las Frat z Joseph T. Yost Vice President, Scientific & Technical Affairs Senior Director, Strategic Issues Advocacy

Kristin Power Director, State Affairs

– West Region

cc: Carla D. Takemoto

, Chief, Area Source and Emissions Inventory Programs Branch , P TSD

Jose Gomez

, Manager, Technical Development Section

, Area Source and Emissions Inventory Programs Branch , PTSD Olufemi Olaluwoye, Air Pollution Specialist, Technical Development Section

, Area Source and Emissions Inventory Programs Branch , PTSD

CS PA Air Quality Special Committee and Automotive Products Task Force Laurie E. Nelson, Randlett Nelson Madden Associates