1 CALIFORNIA AIR RESOURCES BOARD

Rule Evaluation Form

CALIFORNIA CONSUMER PRODUCTS REGULATIONS

I. GENERAL INFORMATION

Agency: California Air Resources Board

Regulation Title: Regulation for Reducing Emissions from Consumer Products (title 17, California Code of Regulati ons, Subchapter 8.5, Article 2, sections 94508-94515 , Consumer Products).

Sections Affected: Amendments to sections 94508, 94509, 94510, 94512, 94513, and 94515 to title 17, California Code of Re gulations (CCR) and amendments to Method 310, adopted September 25, 199 7, as last amended May 5, 2005, which is incorporated by reference in section 94515, title 17, CCR
to add new sections 3.3.7; 4.3; 4.3.1; and 4.3.2.

Date Amended:

Hearing Date Amended OAL Approval Implementation

9-24-2009 8-06-2010 9-20-2010 12-31-2010

12-31-2012 (12-31-2013) +

+ December 31, 2013 is the proposed implementation d ate for tier two limits for Paint Thinner and Multi-purpose Solvent. Tier two implementation wi ll be preceded by a technical assessment. This submittal does not include tier two implementation material or VOC reduction claims.

Agency Contact(s):

Legal - Robert Jenne, Assistant Chief Counsel, Of fice of Legal Affairs, (916) 322-3762

SIP Completeness - David Mallory, Manager, Measure s Development Section, Stationary Source Division, (916) 445-8316

Technical - David Mallory, Manager, Measures Deve lopment Section, Stationary Source Division, (916) 445-83162

Narrative Summary of New Rule or Rule Changes:

At the September 24, 2009 public hearing, ARB appro ved and subsequently adopted, after a 45-day and two 15-day public comme nt periods, amendments to the existing Consumer Products Regulation. The Con sumer Products Regulation was amended by adding and modifying prod uct category definitions and by establishing new or lower volatile organic c ompound (VOC) limits for three product categories: 1) Double Phase Aerosol A ir Freshener, 2) Multi-Purpose Solvent, and 3) Paint Thinner.

For Double Phase Aerosol Air Freshener, the amendme nts will reduce the VOC limit from 25 to 20 percent by weight effective Dec ember 31, 2012. This will achieve an emission reduction of two tons per day s tatewide by January 1, 2013.

For the Multi-purpose Solvent and Paint Thinner cat egories, the Board adopted two tiers of VOC limits. For both categories, the first tier limit is 30 percent by weight effective December 31, 2010, and the second tier limit is 3 percent by weight effective December 31, 2013. For the first tier, the adopted limits will achieve a total VOC reduction of 8.4 tons per day s tatewide, excluding the South Coast Air Quality Management District, by January 1 , 2011. Reductions in the South Coast Air Quality Management District are exc luded because prior to ARB’s adoption of limits for Multi-purpose Solvent and Paint Thinner, the district approved Rule 1143, Consumer Paint Thinners and Mul ti-Purpose Solvents, which regulates these products. This SIP submissio n does not include the tier two emission limits and the corresponding emission reductions for Multi-purpose

Solvent and Paint Thinner.

New definitions and modifications to existing defin itions were also included as modifications to the regulatory language. New defi nitions include “Aromatic Compound,” “Artist’s Solvent/Thinner,” “High Temper ature Coating,” “Industrial Maintenance Coating,” and “Zinc-Rich Primer.” Thes e new definitions are in support of the new paint thinner standards to clari fy the amendments.

Modified definitions include “ASTM,” “Multi-purpose Solvent,” and “Paint Thinner.” The ASTM definition was changed to refle ct the revised name of the organization that sets the ASTM methods. The Multi -purpose Solvent and Paint Thinner definitions were modified to clarify produc ts included in or excluded from the categories and to improve enforcement of the re gulation. In addition, there

are size modifications in the definitions for both dilutable and pre-mixed

Automotive Windshield Washer Fluids. The definitio ns now state that Dilutable Windshield Washer Fluids are sold in containers gre ater than 10 gallons or one quart or less, while Pre-mixed Automotive Winds hield Washer Fluids are sold in containers greater than one quart but less than 10 gallons.

The adopted regulatory action includes other requir ements for Multi-purpose Solvent and Paint Thinner. One requirement is to p rohibit the use of the toxic air3

contaminants methylene chloride, perchloroethylene, and trichloroethylene. Another provision temporarily prohibits manufacture rs of flammable or extremely flammable products from using generic pro duct names such as “Multi-purpose Solvent,” “Paint Thinner,” or “Paint Clean-up.” Exceptions to this provision include two options, either providing a h ang tag or sticker with the

statement “Formulated to meet California VOC limits , see warnings on label;” or displaying the name of the chemical that results in the product meeting criteria for flammable, such as “Acetone” in a font size at least as large as all other words on the principle display panel. This p rovision would be effective December 31, 2010, through December 31, 2015. This provision is intended to alert the consumer that Multi-purpose Solvent and P aint Thinner have been reformulated and may have different characteristics than previously available products.

Further, the amendments will limit the aromatic com pound content in Multi-purpose Solvent and Paint Thinner, to address possible ozone forming potential increases and maximize air quality benefi ts. Finally, the Board adopted new reporting requirements for Multi-purpose Solven t and Paint Thinner, which will provide the information needed for ARB staff t o use to perform a technical assessment of the progress of reformulation efforts in advance of the second tier

VOC limits.

The amendments to Method 310 include analytical met hods already being used and/or are needed to enhance the enforceability of the new, lower VOC limits that became effective by December 31, 2010. The mo difications also include new VOC content calculations for products with high water content and/or low VOC content. The Board also adopted a number of mi nor changes to various provisions of the regulation in order to correct er rors or improve clarity.

Pollutant Regulated by the Regulation:

VOCs, which are ozone precursors.

Three HAPs: Methylene chloride, perchloroethylene, and trichloroethylene. (Trichloroethylene is a VOC and methylene chloride and perchloroethylene are VOC-exempt. See Section V, Other Requirements.)

II. Effect On Emissions

Net Effect on Emissions: In this revision to the State Implementation Plan (SIP) we are submitting and claiming reductions of 10.4 tons per day of VOC emission Statewide in 2012, excluding reductions fr om South Coast Air Basin for Multi-purpose Solvent and Paint Thinner, when f ully implemented for Double

Phase Aerosol Air Freshener and tier one limits for Multi-purpose Solvent and

Paint Thinner.4

Amendment VOC Emission Reduction (Statewide ++ )

2009 Regulatory Action 8.4 TPD in 2010

10.4 TPD in 2012

++ Excluding emission reductions for Multi-purpose Sol vent and Paint Thinner from South Coast

Air Basin.

Emission Reduction Commitment in SIP for this Sour ce Category:

See Section VII, Regional and Statewide Emission R eductions.

2009 Regulatory Action Product Categories and CES Codes

Product Category CES Code

Double-Phase Aerosol Air Freshener 88583 Multi-purpose Solvent 88047

Paint Thinner No Code

Inventory Years Used to Calculate Changes in Emiss ions:

Amendments Inventory Years

2009 Regulatory Action 2010, 2012

Area Affected:

Entire State of California.

Current and Future Year Control Profile Estimate an d Areas Affected:

See Section VII, Regional and Statewide Emission R eductions.

III. SOURCES/ATTAINMENT STATUS

Nonattainment Areas (8-Hour Ozone):

The amendments apply to the following federal 8-ho ur ozone nonattainment areas as presented in 40 CFR, Part 81, Air Quality Designations and Classifications (effective June 15, 2004), and U.S. EPA Green Book (revised December 20, 2007):

Amador and Calaveras Counties (Central Mountain Cou nties) Chico (Butte County)5

Imperial County Kern County (Eastern Kern) Los Angeles - South Coast Air Basin Los Angeles - San Bernardino Counties (Western Mo jave) Mariposa and Tuolumne Counties (Southern Mountain Counties) Nevada County (Western Part) Riverside County (Coachella Valley)

Sacramento Metro San Diego San Francisco Bay Area San Joaquin Valley Sutter County (Sutter Buttes) Ventura County

Approximate Total Number of Small (<100 TPY) Source s Controlled by Regulations:

Not applicable. Regulation affects area sources su ch as personal care products, home, lawn, and garden products, and automotive spe cialty products.

Number of Large (> or = 100 TPY) Sources Controlled :

Not applicable. Regulation affects area sources su ch as personal care products, home, lawn, and garden products, and automotive spe cialty products.

Name(s) and Location(s) (city and county) of Large (> or = 100 TPY) Sources Controlled by Rule:

Not applicable. Regulation affects area sources su ch as personal care products, home, lawn, and garden products, and automotive spe cialty products.

IV. EMISSION REDUCTION TECHNOLOGY

Do the Regulations Include Emission Limits that are Continuous?

Yes. However, exceptions are provided in section 94510 (exemptions). Section 94514 (variances) allow temporary relaxati on of the emission limits.

If Yes, In What Sections of the Regulations are Tho se Limits?

Section 94509. Standards for Consumer Products.6

2009 Regulatory Action. The amendments added the following limits.

VOC Standard Product Category Effective Date Wt. Percent

Double-Phase Aerosol Air Freshener 12/31/2012 20 Multi-purpose Solvent and Paint Thinner 12/31/2 010 30

12/31/2013 + 3

+ December 31, 2013 is the proposed implementation d ate for tier two limits for Paint Thinner and Multi-purpose Solvent. Tier two implementation wil l be preceded by a technical assessment. This submittal does not include tier two implementation material or VOC reduction claims.

Other Methods In the Regulations for Achieving Comp liance are:

Article 2, Consumer Products, section 94511, Innova tive Products, exempts a product from the requirements of section 94509(a) i f a manufacturer can demonstrate that, due to characteristics of the for mulation or other mechanisms, the use of the product will result in less VOC emis sions compared to the VOC emissions from a complying representative product o r the calculated VOC emissions from a noncomplying representative produc t, if the product had been reformulated to comply with the VOC standards.

Article 4, Alternative Control Plan, section 94540- 94555, allows for voluntary emissions averaging of certain qualified consumer p roducts, as an alternative method for achieving compliance with the VOC limits

.

V. OTHER REQUIREMENTS

Other Emissions Limits in Sections:

The adopted HAP/Toxic Air Contaminant prohibitions are intended to reduce toxic health risks to the public. However, the pro hibitions are also important to the regulation of VOCs in consumer products. Trich loroethylene is classified as a VOC. However, perchloroethylene and methylene ch loride are both classified as VOC-exempt compounds (non-VOCs). The prohibitio ns of their use will ensure that consumer product manufacturers do not c hoose to reformulate with either of these two toxic compounds as substitutes to replace conventional VOC solvents, in response to meeting the lower VOC limi ts for the Multi-purpose Solvent and Paint Thinner product categories as req uired by the 2009 Regulatory Action.

2009 Regulatory Action : Section 94509(p). Prohibition of methylene chlo ride, perchloroethylene, and trichloroethylene in the pro duct categories.7

The prohibition on the use of perchloroethylene, me thylene chloride, and trichloroethylene in the two product categories is a mitigation measure to ensure

reformulation will not used these HAPs.

Work Practice Standards in Sections:

Not applicable.

Recordkeeping Requirements In Sections:

Not applicable.

VI. IMPACT ON AIR QUALITY PLAN

The 2009 Regulatory Actions have an effect on Rates -of-Progress Plans and

attainment.8

VII. REGIONAL AND STATEWIDE EMISSION REDUCTIONS

The VOC emission reductions being claimed, as a res ult of the 2009 Regulatory
Actions, combined, are shown below.

Volatile Organic Compound Reductions (Tons Per Day) *

Region 2010 2012

Amador and Calaveras Counties (Central Mountain Counties) 0.0326 0.0370 Chico (Butte County) 0.0875 0.0995

Imperial County 0.0614 0.0697

Kern County (Eastern Kern) 0.0428 0.0486

Los Angeles - South Coast Air Basin Excluded 0.85 59**

Los Angeles - San Bernardino Counties (Western Mojave) 0.2929 0.3214

Mariposa and Tuolumne Counties (Southern Mountain Counties) 0.0309 0.0351

Nevada County (Western Part) 0.0335 0.0381

Riverside County (Coachella Valley) 0.1400 0.1590

Sacramento Metro 0.8528 0.9689

San Diego 1.2128 1.3779

San Francisco Bay Area 2.8202 3.2039

San Joaquin Valley 1.3758 1.5630

Sutter County (Sutter Buttes) 0.0000 0.0000

Ventura County 0.3247 0.3688

TOTAL REGIONAL BENEFITS** 7.30 9.14

TOTAL STATEWIDE BENEFITS** 8.4 10.4

* Estimated using U.S. EPA Eight Hour Ozone Non-Att ainment Area 2000 Population Fractions ( http://www.epa.gov/air/oaqps/greenbk/gntc.html , access date, 11-2-2010).

** Total Regional and Statewide Benefits do not inc lude emission reductions for Multi-purpose Solvent and

Paint Thinner from South Coast Air Basin.