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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 Regulations, 

 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 Regulations (CCR) and 

amendments to Method 310, adopted September 25, 1997, 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 date for tier two limits for Paint Thinner and 

 Multi-purpose Solvent. Tier two implementation will 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, Office of Legal 

Affairs, (916) 322-3762 

 SIP Completeness - David Mallory, Manager, Measures Development Section, 

Stationary Source Division, (916) 445-8316 

 Technical - David Mallory, Manager, Measures Development Section, 

Stationary Source Division, (916) 445-8316 
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Narrative Summary of New Rule or Rule Changes: 

At the September 24, 2009 public hearing, ARB approved and subsequently 

adopted, after a 45-day and two 15-day public comment periods, amendments to 

the existing Consumer Products Regulation. The Consumer Products 

Regulation was amended by adding and modifying product category definitions 

and by establishing new or lower volatile organic compound (VOC) limits for 

three product categories: 1) Double Phase Aerosol Air Freshener, 

2) Multi-Purpose Solvent, and 3) Paint Thinner. 

For Double Phase Aerosol Air Freshener, the amendments will reduce the VOC 

limit from 25 to 20 percent by weight effective December 31, 2012. This will 

achieve an emission reduction of two tons per day statewide by January 1, 2013. 

For the Multi-purpose Solvent and Paint Thinner categories, 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 statewide, excluding the South 

Coast Air Quality Management District, by January 1, 2011. Reductions in the 

South Coast Air Quality Management District are excluded because prior to 

ARB’s adoption of limits for Multi-purpose Solvent and Paint Thinner, the district 

approved Rule 1143, Consumer Paint Thinners and Multi-Purpose Solvents, 

which regulates these products. This SIP submission 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 definitions were also included as 

modifications to the regulatory language. New definitions include “Aromatic 

Compound,” “Artist’s Solvent/Thinner,” “High Temperature Coating,” “Industrial 

Maintenance Coating,” and “Zinc-Rich Primer.” These new definitions are in 

support of the new paint thinner standards to clarify the amendments. 

Modified definitions include “ASTM,” “Multi-purpose Solvent,” and “Paint 

Thinner.” The ASTM definition was changed to reflect the revised name of the 

organization that sets the ASTM methods. The Multi-purpose Solvent and Paint 

Thinner definitions were modified to clarify products included in or excluded from 

the categories and to improve enforcement of the regulation. In addition, there 

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

Automotive Windshield Washer Fluids. The definitions now state that Dilutable 

Windshield Washer Fluids are sold in containers greater than 10 gallons or 

one quart or less, while Pre-mixed Automotive Windshield Washer Fluids are 

sold in containers greater than one quart but less than 10 gallons. 

The adopted regulatory action includes other requirements for Multi-purpose 

Solvent and Paint Thinner. One requirement is to prohibit the use of the toxic air 
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contaminants methylene chloride, perchloroethylene, and trichloroethylene. 

Another provision temporarily prohibits manufacturers of flammable or 

extremely flammable products from using generic product names such as 

“Multi-purpose Solvent,” “Paint Thinner,” or “Paint Clean-up.” Exceptions to this 

provision include two options, either providing a hang 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 provision would be effective 

December 31, 2010, through December 31, 2015. This provision is intended to 

alert the consumer that Multi-purpose Solvent and Paint Thinner have been 

reformulated and may have different characteristics than previously available 

products. 

Further, the amendments will limit the aromatic compound content in 

Multi-purpose Solvent and Paint Thinner, to address possible ozone forming 

potential increases and maximize air quality benefits. Finally, the Board adopted 

new reporting requirements for Multi-purpose Solvent and Paint Thinner, which 

will provide the information needed for ARB staff to 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 methods 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 modifications also include 

new VOC content calculations for products with high water content and/or low 

VOC content. The Board also adopted a number of minor changes to various 

provisions of the regulation in order to correct errors 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 from South Coast Air Basin 

for Multi-purpose Solvent and Paint Thinner, when fully implemented for Double 

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

Paint Thinner. 
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Amendment VOC Emission Reduction (Statewide++)

 2009 Regulatory Action 8.4 TPD in 2010 

 10.4 TPD in 2012 

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

 Air Basin. 

 

 Emission Reduction Commitment in SIP for this Source Category:

 See Section VII, Regional and Statewide Emission Reductions. 

 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 Emissions:

 Amendments Inventory Years

 2009 Regulatory Action 2010, 2012 

 

 Area Affected:

 Entire State of California. 

Current and Future Year Control Profile Estimate and Areas Affected:

 See Section VII, Regional and Statewide Emission Reductions. 

III. SOURCES/ATTAINMENT STATUS

Nonattainment Areas (8-Hour Ozone):

 The amendments apply to the following federal 8-hour 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 Counties) 

 Chico (Butte County) 
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 Imperial County 

 Kern County (Eastern Kern) 

 Los Angeles - South Coast Air Basin 

 Los Angeles - San Bernardino Counties (Western Mojave) 

 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) Sources Controlled by 

Regulations: 

Not applicable. Regulation affects area sources such as personal care products, 

home, lawn, and garden products, and automotive specialty products. 

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

Not applicable. Regulation affects area sources such as personal care products, 

home, lawn, and garden products, and automotive specialty products. 

Name(s) and Location(s) (city and county) of Large (> or = 100 TPY) 

Sources Controlled by Rule:

Not applicable. Regulation affects area sources such as personal care products, 

home, lawn, and garden products, and automotive specialty 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 relaxation of the emission limits. 

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

 Section 94509. Standards for Consumer Products. 

 
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 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 12/31/2010 30 

 12/31/2013+ 3 

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 December 31, 2013 is the proposed implementation date for tier two limits for Paint Thinner and 

Multi-purpose Solvent. Tier two implementation will 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 Compliance are: 

Article 2, Consumer Products, section 94511, Innovative Products, exempts a 

product from the requirements of section 94509(a) if a manufacturer can 

demonstrate that, due to characteristics of the formulation or other mechanisms, 

the use of the product will result in less VOC emissions compared to the VOC 

emissions from a complying representative product or the calculated VOC 

emissions from a noncomplying representative product, 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 products, 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 prohibitions are also important to 

the regulation of VOCs in consumer products. Trichloroethylene is classified as 

a VOC. However, perchloroethylene and methylene chloride are both classified 

as VOC-exempt compounds (non-VOCs). The prohibitions of their use will 

ensure that consumer product manufacturers do not choose to reformulate with 

either of these two toxic compounds as substitutes to replace conventional VOC 

solvents, in response to meeting the lower VOC limits for the Multi-purpose 

Solvent and Paint Thinner product categories as required by the 2009 

Regulatory Action. 

2009 Regulatory Action: Section 94509(p). Prohibition of methylene chloride, 

perchloroethylene, and trichloroethylene in the product categories. 
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The prohibition on the use of perchloroethylene, methylene 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. 
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VII. REGIONAL AND STATEWIDE EMISSION REDUCTIONS

The VOC emission reductions being claimed, as a result 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 0.8559** 

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-Attainment 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 include emission reductions for Multi-purpose Solvent and 

Paint Thinner from South Coast Air Basin.