1

Proposed Modified Regulatory Language for 15-day Pu blic Comment Period

Note: Shown below are the staff’s modifications to the originally proposed regulatory text set forth in Appendix B to the Staff Report: I nitial Statement of Reasons, released August 7, 2009. Only those portions containing the modifications are included. This document is printed in a style to indicate changes from the originally proposed regulatory language. All originally proposed regul atory language is shown in underline

to indicate additions and strikeout to indicate deletions. Staff’s modifications to t he original proposal are shown in double underline to indicate additions and double

strikeout to indicate deletions.

Consumer Products Regulation

Proposed Modifications to section 94508, Definition s.

Modify title 17, California Code of Regulations (CC R), section 94508(a) to read as

follows:

... (13) “Aromatic Compound” means a VOC carbon containing compound that contains one or more benzene or equivalent heterocyclic ring s and has an initial boiling point less than or equal to 280 o C. “Aromatic Compound” does not include compounds excluded from the definition of Volatile Organic Compound (VOC) in this Section 94508(a).

... (87) “Industrial Maintenance Coating” means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats formulated for application to substrates, including floors, exposed to one or more of the following extreme environmental cond itions listed below and labeled “For industrial use only ; ” or “For professional use only ;

. ” “Not for residential use;” or “Not intended for residential use.”

(A) Immersion in water, wastewater, or chemical s olutions (aqueous and nonaqueous solutions), or chronic exposure of interior surfaces to moisture
condensation; or

(B) Acute or chronic exposure to corrosive, caust ic or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions; or

(C) Frequent exposure to temperatures above 121 o C (250 o F); or

(D) Frequent heavy abrasion, including mechanical wear and frequent scrubbing with industrial solvents, cleansers, or s couring agents; or

(E) Exterior exposure of metal structures and str uctural components.2

... (106) (102) ”Multi-purpose Solvent” means:

(A) for products manufactured before January 1, 200 8: any organic liquid designed to be used for a variety of purposes, incl uding cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials. “Multi-purpose Solvent” i ncludes solvents used in institutional facilities, except for laboratory rea gents used in analytical, educational, research, scientific or other laborato ries. “Multi-purpose

Solvent” does not include solvents used in cold cle aners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manuf acture or construction of, the goods or commodities at the site of the establi shment.

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

includes: (A) (1) products that do not display specific use instruct ions on the product container or packaging, (B) (2) products that do not specify an enduse function or application on the product containe r or packaging, and (C) (3) solvents used in institutional facilities, except f or laboratory reagents used in analytical, educational, research, scientific or ot her laboratories. , (4) “Paint

C c lean-up” products, and (5) products labeled to prep are surfaces for painting. For the purposes of this definition only, “Paint clean-up” means any liquid product labeled for cleaning oil-based or wa ter-based paint, lacquer, varnish, or related coatings from, but not limited to, painting equipment or tools, plastics, or metals. “Multi-purpose Solvent” does not include solvents used in cold cleaners, vapor degreasers, conveyoriz ed degreasers or film cleaning machines, solvents labeled exclusively for the clean-up of application equipment used for polyaspartic and pol yurea coatings, or solvents that are incorporated into, or used exclus ively in the manufacture or construction of, the goods or commodities at the si te of the establishment. “Multi-purpose Solvent” also does not include any p roduct making any representation that the product may be used as, or is suitable for use as a consumer product which qualifies under another defi nition in section 94508; such products are not Multi-purpose Solvents and ar e subject to the “Most Restrictive Limit” provision of section 94512.

... (114) “Paint Clean

- up” means any liquid product labeled for cleaning o il

- based or

water

- based paint, lacquer, varn ish, or related coatings from, but not limited to, painting equipment or tools, plastics, or metals.

(114) (115) (110) “Paint Remover or Stripper” means any product desig ned to strip or remove paints or other related coatings, by chemica l action, from a substrate without markedly affecting the substrate. “Paint R emover or Stripper” does not include “Multi-purpose Solvent,” paint brush cleane rs, products designed and3

labeled exclusively as “Graffiti Remover,” and hand cleaner products that claim to remove paints and other related coatings from skin.

(115) (11 6 ) (111) “Paint Thinner” means any liquid product used for r educing the viscosity of coating compositions or components, that promine ntly displays the term “Paint Thinner,” “Lacquer Thinner,” “Thinner,” or “Reducer ” on the front panel of its packaging. “Paint Thinner” does not include thinne rs labeled for the thinning of Industrial Maintenance Coatings, Zinc-Rich Primers, and High Temperature Coatings. “Paint Thinner” also does not include pro ducts labeled and used exclusively as a component in a specific coating. “Paint Thinner” also does not

include “Artist’s Solvent/Thinner.”

(116) (11 7 ) (112) “Penetrant” means a lubricant designed or labeled primarily to loosen metal parts that have bonded together due to rustin g, oxidation, or other causes. “Penetrant” does not include “Multi-purpose Lubrica nt” that claim to have penetrating qualities, but are not labeled primaril y to loosen bonded parts.

(117) (11 8 ) (113) “Person” shall have the same meaning as defined in Health and Safety

Code Section 39047.

(118) (11 9 ) (114) “Personal Fragrance Product” means any product whi ch is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including, but not limited to, cologne, perfume, aftershave, toilet water, lotion, powder, body mist, and body spray. “Personal Fragrance Product” does not include: (A) Deodorant, as defined in sec tion 94501(d); (B) medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body; (C) mouthwashes, breath freshene rs and deodorizers; (D) lotions, moisturizers, powders or other skin care p roducts designed or labeled to be used primarily to alleviate skin conditions such as dryness and irritations; (E) products designed exclusively to be applied to huma n genitalia areas, undergarments, and any paper products, napkins or o ther products that are affixed to undergarments, such as sanitary pads; (F ) soaps, shampoos, and products primarily used to clean the human body; an d (G) fragrance products designed to be used exclusively on non-human animal s.

(119) (1 20 ) (115) “Pesticide” means and includes any substance or mix ture of substances labeled, designed, or intended for use in preventin g, destroying, repelling or mitigating any pest, or any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desic cant, or plant regulator, provided that the term “pesticide” will not include any substance, mixture of substances, or device which the United States Envir onmental Protection Agency does not consider to be a pesticide.

(120) (1 21 ) (116) “Pressurized Gas Duster” means a pressurized produc t labeled to remove dust from a surface solely by means of mass air or gas flow, including surfaces such as photographs, photographic film neg atives, computer keyboards, and other types of surfaces that cannot be cleaned with solvents. “Pressurized4

Gas Duster” does not include “Dusting Aid,” “Genera l Purpose Cleaner,” “Electrical Cleaner,” “Electronic Cleaner,” “Energi zed Electrical Cleaner,” or “AntiStatic Product.” Pressurized Gas Duster does not in clude products labeled exclusively to remove dust from equipment where dus t removal is 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) (1 22 ) (117) “Principal Display Panel or Panels” means that part , or those parts of a label that are so designed as to most likely be dis played, presented, shown or examined under normal and customary conditions of d isplay or purchase. Whenever a principal display panel appears more tha n once, all requirements pertaining to the “principal display panel” shall p ertain to all such “principal display panels.”

(122) (1 23 ) (118) “Product Brand Name” means the name of the product exactly as it appears on the principal display panel of the produ ct.

(123) (1 24 ) (119) “Product Category” means the applicable category wh ich best describes the product as listed in this Section 94508.

(124) (1 25 ) (120) “Product Form,” for the purpose of complying with S ection 94513 only, means the applicable form which most accurately des cribes the product's dispensing form as follows:

A = Aerosol Product

S = Solid P = Pump Spray L = Liquid

SS = Semisolid

O = Other

(125) (1 26 ) (121) “Propellant” means a liquefied or compressed gas t hat is used in whole or in part, such as a cosolvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container.

(126) (1 27 ) (122) “Pump Spray” means a packaging system in which the product ingredients within the container are not under pres sure and in which the product is expelled only while a pumping action is applied to a button, trigger or other

actuator.

(127) (1 28 ) (123) “Responsible Party” means the company, firm or est ablishment which is listed on the product' s label. If the label lists two companies, firms o r establishments, the responsible party is the party which the product was “manufactured for” or “distributed by,” as noted on the label.5

(128) (1 29 ) (124) ”Restricted Materials” means pesticides established as restricted materials under Title 3, California Code of Regulat ions, section 6400.

(129) (1 30 ) (125) ”Retailer” means any person who sells, supplies, or offers consumer products for sale directly to consumers.

(130) (1 31 ) (126) ”Retail Outlet” means any establishment at which co nsumer products are sold, supplied, or offered for sale directly to consumers.

(131) (1 32 ) (127) ”Rubber/Vinyl Protectant” means:

(A) for products manufactured before December 31, 2008: any product

designed to protect, preserve or renew vinyl, rubbe r, and plastic on vehicles, tires, luggage, furniture, and household products s uch as vinyl covers, clothing, and accessories. “Rubber/Vinyl Protectan t” does not include 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 Decembe r 31, 2008: any product

labeled to protect, preserve or renew vinyl, or rub ber on vehicles, tires, luggage, furniture, and/or household products such as vinyl covers, clothing, or accessories. “Rubber/Vinyl Protectant” does not include: products labeled to clean the wheel rim, such as aluminum or magnesi um wheel cleaners; tire cleaners that do not leave an appearance-enhancing or protective substance on the tire; pigmented products designed or labeled to be used primarily for coloring; products used for construction, reconstru ction, modification, structural maintenance or repair of rubber or vinyl substrates; or products,

other than those labeled to be used on vehicle tire s, qualifying as either “Clear Coating” or “Vinyl/Fabric/Leather/Polycarbon ate Coating” under section 94521(a).

(132) (1 33 ) (128) ”Rubbing Alcohol” means any product containing isop ropyl alcohol (also called isopropanol) or denatured ethanol and labele d for topical use, usually to decrease germs in minor cuts and scrapes, to reliev e minor muscle aches, as a rubefacient, and for massage.

(133) (1 34 ) (129) ”Sanitizer” means a product that is labeled as a “s anitizer,” or is labeled to reduce, but not necessarily eliminate, microorga nisms in the air, on surfaces, or on inanimate objects, and whose label is registe red 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 considered disinfectants. “Sanitizer” does not include (A) “Disinfectant,” (B) products labeled solely for use on humans or an imals, (C) products labeled solely for agricultural use, (D) products labeled s olely for use in swimming pools, therapeutic tubs, or hot tubs, (E) products which a re labeled to be used on heat6

sensitive critical or semi-critical medical devices or medical equipment surfaces, (F) products which are pre-moistened wipes or towel ettes sold exclusively to medical, convalescent or veterinary establishments (G) products which are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food, or (H) products which a re labeled as “Bathroom and Tile Cleaner,” “Glass Cleaner,” “General Purpose Cl eaner,” “Toilet/Urinal Care Product,” “Metal Polish,” “Carpet Cleaner,” or “Fab ric Refresher” that may also make sanitizing or anti-microbial claims on the lab el.

(134) (1 35 ) (130) ”Sealant or Caulking Compound” means any product wi th adhesive properties that is designed to fill, seal, waterpro of, or weatherproof gaps or joints between two surfaces. “Sealant or Caulking Compoun d” does not include roof cements and roof sealants; insulating foams; remova ble caulking compounds; clear/paintable/water resistant caulking compounds; floor seam sealers; products designed exclusively for automotive uses; or sealer s 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 of more than 16 fluid ounces. For the purposes of t his definition only:

“Removable caulking compounds” means a compound whi ch temporarily seals

windows or doors for three to six month time interv als.

“Clear/paintable/water resistant caulking compounds ” means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is pain table; and is immediately resistant to precipitation upon application.

“Sealant or Caulking Compound” is divided into two subcategories:

(A) “Chemically Curing Sealant or Caulking Compound” m eans any “Sealant or Caulking Compound” which achieves its final composi tion and physical form through a chemical curing process, where product in gredients participate in a chemical reaction in the presence of a catalyst tha t causes a change in

chemical structure and leads to the release of chem ical byproducts. “Chemically Curing Sealant or Caulking Compound” in cludes, but is not limited to, products that utilize silicone, polyure thane, silyl-terminated polyether, or silyl-terminated polyurethane reactiv e chemistries. “Chemically Curing Sealant or Caulking Compound” does not inclu de products which are not solely dependent on a chemically curing process to achieve the cured

state.

(B) “Non-Chemically Curing Sealant or Caulking Compoun d” means any “Sealant or Caulking Compound” not defined under “Chemically Curing Sealant or Caulking Compound.”

(135) (1 36 ) (131) “Semisolid” means a product that, at room temperatu re, will not pour, but will spread or deform easily, including but not limited to gels, pastes, and7

greases.

(136) (1 37 ) (132) ”Shaving Cream” means an aerosol product which disp enses a foam lather intended to be used with a blade or cartridg e razor, or other wet-shaving system, in the removal of facial or other bodily ha ir. “Shaving Cream” does not include “Shaving Gel.”

(137) (1 38 ) (133) “Shaving Gel” means an aerosol product which dispe nses a postfoaming semi-solid designed to be used with a blade , cartridge razor, or other shaving system in the removal of facial or other bo dily hair. “Shaving Gel” does not include “Shaving Cream.”

(138) (1 39 ) (134) ”Silicone-based Multi-purpose Lubricant” means any lubricant which is:

(A) designed and labeled to provide lubricity prim arily through the use of silicone compounds including, but not limited to, polydimeth ylsiloxane, and

(B) designed and labeled for general purpose lubri cation, or for use in a wide variety of applications. “Silicone-based Multi-pur pose Lubricant” does not include products designed and labeled exclusively to releas e manufactured products

from molds.

(139) (1 40 ) (135) “Single Phase Aerosol Air Freshener” means an aeros ol air freshener with the liquid contents in a single homogeneous ph ase and which does not require that the product container be shaken before use.

(140) (1 41 ) (136) “Solid” means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a p owder), is not capable of visually detectable flow as determined under ASTM D -4359-90 (May 25, 1990) Standard Test Method for Determining Whether a Mate rial Is a Liquid or a Solid, which is incorporated by reference herein

.

(141) ( 1 42 ) (137) “Special Purpose Spray Adhesive” means an aerosol a dhesive that meets any of the following definitions:

(A) “Mounting Adhesive” means an aerosol adhesive d esigned to 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 adhe sive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, of p lasticizer content. A plasticizer is a material, such as a high boiling p oint organic solvent, that is incorporated into a vinyl to increase its flexibili ty, workability, or distensibility, and may be determined using ASTM Method E260-91 (Ja n. 25, 1991)8 Standard Practice for Packed Column Gas Chromatogra phy, which is incorporated by reference herein, or from product formulation data.

(C) “Polystyrene Foam Adhesive” means an aerosol ad hesive designed to bond polystyrene foam (e.g. Styrofoam®, expanded polysty rene foam, etc.) to

substrates.

(D) “Automobile Headliner Adhesive” means an aeroso l 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 of items laminated with high pressure laminates (e.g. lifted edges, delaminations, etc.), or for

(2) the touch-up, repair, or attachment of edgeban ding materials, including, but not limited to, other laminates, synthetic marb le, veneers, wood moulding, and decorative metals.

For the purposes of this definition “high pressur e laminate” means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265 degree s 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 ap plications which require oil and plasticizer resistance, as well as high she ar strength, at temperatures

of 200-275 o F.

(142) (1 43 ) (138) “Spot Remover” means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fab ric such as drapes, carpets, upholstery, or clothing, that does not require subs equent laundering to achieve stain removal. “Spot Remover” does not include “Dr y Cleaning Fluid,” “Laundry Prewash,” or aerosol products labeled solely for gu m removal.

(143) (1 44 ) (139) “Spray Buff Product” means a product designed to re store a worn floor finish in conjunction with a floor buffing machine and special pad.

(144) (1 45 ) (140) ”Table B Compound” means any carbon-containing comp ound listed as an exception to the definition of VOC in Section 94 508.

(145) (1 46 ) (141) ”Temporary Hair Color” means any product that appli es color, glitter, or UV-active pigments to hair, wigs, or fu r and is removable when9

washed. “Temporary Hair Color” includes hair color mousses and products

labeled to add texture or thickness to cover thinni ng/balding areas. “Temporary Hair Color” does not include “Hair Spray ,” “Hair Styling Product,” or “Hair Mousse.”

(146) (1 47 ) (142) ”Terrestrial” means to live on or grow from land.

(147) (1 48 ) (143) “Tire or Wheel Cleaner” means a product designed or labeled exclusively to clean either tires, wheels, or both. “Tire or Wheel Cleaner” includes, but is not limited to, products for use i n commercial, fleet, hand, and “drive-through” car washes; commercial truck wa shing or large vehicle washing stations; vehicle dealers and repair shops, as well as household consumer products. “Tire or Wheel Cleaner” does no t include products labeled for use exclusively on locomotives or aircr aft.

(148) (1 49 ) (144) ”Tire Sealant and Inflator” means any pressurized p roduct that is designed to temporarily inflate and seal a leaking tire.

(149) (1 50 ) (145) ”Toilet/Urinal Care Product” means any product desi gned or labeled to cleanand/or to deodorize toilet bowls, t oilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals includes, but is no t limited to, toilets or urinals connected to permanent plumbing in buildings and ot her structures, portable toilets or urinals placed at temporary or remote lo cations, and toilet or urinals in vehicles such as buses, recreational motor homes, b oats, ships, and aircraft.

“Toilet/Urinal Care Product” does not include “Bath room and Tile Cleaner” or “General Purpose Cleaner.”

(150) (1 5 1 ) (146) ”Type A Propellent” means a compressed gas such as CO 2 , N 2 , N 2 O, or compressed air which is used as a propellent, and i s either incorporated with the product or contained in a separate chamber within t he product's packaging.

(151) (1 52 ) (147 ) ”Type B Propellent” means any halocarbon which is u sed as a propellent including chlorofluorocarbons (CFCs), hy drochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

(152) (1 53 ) (148) “Type C Propellent” means any propellent which is not a Type A or Type B propellent, including propane, isobutane, n- butane, and dimethyl ether (also known as dimethyl oxide).

(153) (1 54 ) (149) “Undercoating” means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, t runk interior, and/or firewall of motor vehicles to prevent the formation of rust or to deaden sound. “Undercoating” includes, but is not limited to, rub berized, mastic, or asphaltic products.10

(154) (1 55 ) (150) ”Usage Directions” means the text or graphics on th e product's principal display panel, label, or accompanying literature wh ich describes to the end user how and in what quantity the product is to be used.

(155) (1 56 ) (151) ”Volatile Organic Compound (VOC)” means any compoun d containing at least one atom of carbon, excluding carbon monox ide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following:

(A) methane, methylene chloride (dichloromethane), 1,1,1-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-trifluoroethane (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 fluori nated alkanes;

2. cyclic, branched, or linear, completely fluorin ated ethers with no unsaturations; 3. cyclic, branched, or linear, completely fluorin ated tertiary amines with no unsaturations; and 4. sulfur-containing perfluorocarbons with no unsa turations and with the sulfur bonds to carbon and fluorine, and

(B) the following low-reactive organic compounds wh ich have been exempted by

the U.S. EPA:

acetone, ethane, methyl acetate,11 parachlorobenzotrifluoride (1-chloro-4-trifluoromet hyl benzene), perchloroethylene (tetrachloroethylene).

(156) (1 57 ) (152) ”VOC Content” means the total weight of VOC in a pr oduct expressed as a percentage of the product weight (exclusive of the container or packaging), as determined pursuant to sections 94515(a) and (b)

.

(157) (1 58 ) (153) ”Wasp and Hornet Insecticide” means any insecticide product that is designed for use against wasps, hornets, yellow jac kets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or their hiding place.

(158) (1 59 ) (154) ”Waterproofer” means a product designed and labeled exclusively to repel water from fabric or leather substrates. “Wa terproofer” does not include

“Fabric Protectant.”

(159) (1 60 ) (155) ”Wax” means a material or synthetic thermoplastic s ubstance generally of high molecular weight hydrocarbons or high molec ular weight esters of fatty acids or alcohols, except glycerol and high polymer s (plastics). “Wax” includes, but is not limited to, substances derived from the secretions of plants and
animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers s uch as polyethylene.

(160) (1 61 ) (156) ”Web Spray Adhesive” means any aerosol adhesive whi ch is not a “Mist Spray Adhesive” or “Special Purpose Spray Adhesive. ”

(161) (1 62 ) (157) “Windshield Water Repellent” means a product desig ned or labeled exclusively to repel water from motor vehicle exter ior automotive glass surfaces. “Windshield Water Repellent” does not include “Auto motive Windshield Washer

Fluid.”

(162) (1 63 ) (158) “Wood Cleaner” means a product labeled to clean woo den materials including but not limited to decking, fences, floor ing, logs, cabinetry, and

furniture. “Wood Cleaner” does not include “Dustin g Aid,” General Purpose Cleaner,” “Furniture Maintenance Product,” “Floor W ax Stripper,” “Floor Polish or Wax,” or products designed and labeled exclusively to preserve or color wood.

(163) (1 64 ) “Zinc-Rich Primer” means a coating that meets all the following specifications: (A) coating contains at least 65 pe rcent metallic zinc powder or zinc dust by weight of total solids; and (B) coatin g is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent applications of coatings; and (C) coating is intend ed for professional use only and labeled “For Professional Use Only ;

. ” “For Industrial Use Only;” “Not for residential use;” or “Not intended for residential use.”12

Proposed Modifications to section 94509, Standards for Consumer Products.

Modify title 17, CCR, section 94509(u) to read as f ollows:

(u) Requirements for Multi-purpose Solvent and Paint Th inner.

(1) Except as provided below in sections 94509(u)(2) a nd (u)(4), effective

December 31, 2010, no person shall sell, supply, of fer for sale, or manufacture for use in California any Multi-purpose Solvent or Paint Thinner that contains any of the following:

(A) chemical compounds that have a Global Warming Pote ntial (GWP)

Value of 150 or greater;

(B) methylene chloride, perhcloroethylene, or trichlo roethylene;

(C) greater than 1% “ Aromatic Compounds ” content by weight.

(2) Sell-through of Products. Multi-purpose Solvents and Paint Thinners that contain any chemical compound that has a GWP Value of 150 or greater; methylene chloride, perchloroethylene, or trichloro ethylene; or greater than 1%

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

Proposed Modifications to section 94512, Administra tive Requirements.

Modify title 17, CCR, section 94512(e) to read as f ollows:

(e) Additional Requirements for Multi-purpose Solvent a nd Paint Thinner.

(1) In addition to the requirements specified in secti on 94512(a), (b), and (c), both

the manufacturer and responsible party for each Mul ti

- purpose Solvent and

Paint Thinner sold or offered for sale in areas of California outside the South Coast Air Quality Management District shall ensure that all products

manufactured on or after the effective date for the category specified in section 94509(a), meet the following requirements:

(A) Each p roduct container must clearly display the VOC conte nt in percent

by weight as determined from actual formulation dat a.

(B) The information required by this subsection 94512 (e)(1), shall be

displayed on the product container such that it is readily ob servable without removing or disassembling any portion of th e product container13 or packaging.

(C) No person shall remove, alter, conceal, or deface the information

required by this subsection 94512(e)(1) prior to fi nal sale of the product.

(2) The following requirements apply in In addition to the requirements specified in section 94512(a), (b), and (c), and (e)(1) :

(1) (A) Except as provided below in section 94512(e)(2)(B) , effective

December 31, 2010, until December 31, 2015, no pers on shall sell, supply, offer for sale, or manufacture for use in C alifornia any “Flammable” or “Extremely Flammable” Multi-purpose Solvent or Paint Thinner named, on the Principle Display Panel as “P aint Thinner,” “Multipurpose Solvent,” “Clean-up Solvent,” or “Paint Cle an-up.”

(2) (B) Section 94512(e)(2) (1) (A) does not apply to products that meet

either any of the following criteria:

(A) 1. Products which include an attached “hang tag

, ” or sticker , or

contrasting square or rectangular area on the Princ iple Display

Panel that displays , at a minimum, the following statement s : “Formulated to meet California VOC limits; see warn ings on label ; Vea las advertencias en la etiqueta, formulado comp lacientes con leyes de California

. ” in a font size as large as or larger than the “signal word” as specified in title 16, Code of Fed eral Regulations, section 1500.121, “DANGER,” “WARNING,” or “CAUTION, ” or

(B) 2. Products where the Principle Display Panel display s, in

English and Spanish and a font size as large as or larger than the font size of any other words on the panel, the comm on name of the chemical compound (e.g., “Acetone,” “Methyl ace tate,” etc.) that results in the product meeting the criteria fo r “Flammable” or “Extremely Flammable.”

(3) (C) For the purposes of this subsection (e)(2) , a product is

“Flammable” or Extremely Flammable” if it is labele d as “Flammable” or “Extremely Flammable” on the product container, or if the product meets the criteria for these terms specified in title 16, Code of Federal Regulations, section 1500.3(c)(6).

Proposed Modifications to section 94515, Test Metho ds.

Modify title 17, CCR, section 94515 to read as foll ows:

(c) Aromatic Compound content determination for Multi-p urpose Solvent or Paint Thinner using ARB Method 310 . Testing to determine compliance with the14

requirements of section 94509(u)(1)(C), shall be pe rformed using Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997 and a s last amended on [Date of Amendment], which is incorporated by reference here in. Alternative test methods that are demonstrated to be equally or more accurat e than ARB Method 310 in determining the Aromatic Compound content in a prod uct or its emissions may be used upon the written approval of the Executive Off icer.

(d) Aromatic Compound content determinations for Multi- purpose Solvent or Paint Thinner using product formulation and records . Testing to determine compliance with the requirements of section 94509(u)(1)(C) may also be demonstrated through calculation of Aromatic Compound content from recor ds of the amounts of constituents used to make the product pursuant to t he following criteria:

(1) Compliance determination s based on these records may not be used unless the manufacturer of a Multi-purpose Solvent or Pain t Thinner keeps accurate records for each day of production of the amount an d chemical composition of the individual product constituents. These records must be kept for at least three years.

(2) For the purposes of this section 94515(d), the Aro matic Compound content shall be calculated according to the following equa tion:

where,

D = total net weight of unit (excluding container and packaging)

E = total weight of all Aromatic Compounds, as def ined in Section 94508(a), per

unit

(3) If product records appear to demonstrate compli ance with 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 establi sh a violation of the requirements of this article.

(e) ( c ) Determination of liquid or solid. Testing to dete rmine 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) ( d ) Compliance determinations for charcoal lighter ma terial products. Testing to determine compliance with the certification require ments for charcoal lighter material shall be performed using the procedures specified i n the South Coast Air Quality Aromatic Compound Content = E x 100

D15

Management District Rule 1174 Ignition Method Compl iance Certification Protocol (February 28, 1991), which is incorporated by refer ence herein.

(g) ( e ) Testing to determine distillation points of petro leum distillate-based charcoal lighter materials shall be performed using ASTM D86 -01 Aug. 10, 2001 , which is incorporated by reference herein.

(h) ( f ) Fragrance content determinations for personal fra grance products. Testing to determine the percent by weight of fragrance in per sonal fragrance products shall be performed according to the Association of Official Analytical Chemists (AOAC) Official Method of Analysis No. 932.11, 1990, “Esse ntial Oil in Flavor Extracts and Toilet Preparations, Babcock Method” (AOAC Official Methods of Analysis, 15th Edition, 1990), which is incorporated by refe rence herein.

(i) ( g ) No person shall create, alter, falsify, or otherw ise modify records in such a way that the records do not accurately reflect the cons tituents used to manufacture a product, the chemical composition of the individual product, and any other test, processes, or records used in connection with produ ct manufacture.

(h) VOC and Aromatic compound content determination for Multi

- purpose Solvent and Paint Thinner products using ARB Method 310

.

(1) VOC content: Testing to determine compliance with the requirem ents of this article, shall be performed using Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Produc ts, adopted September 25, 1997 and as last amended on [Date of Amendment], which is incorporated herein by reference. Alternative meth ods which are shown t o accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Executiv e Officer.

(2) Aromatic compound content:

Testing to determine aromatic compound content shal l be conducted using

ARB Meth od 310 in conjunction with product formulation data

.

(1) (A) Upon written notification from the Executive Office r, the Multi

purpose Solvent or Paint Thinner responsible party or manufacturer shall

have 10 30 working days to provide to the Executive Offi cer, in writing, formulation data as specified in part (A) (i) for products selected for compliance testing:

(A) ( 1) The weight fraction to the nearest 0.1 percent of e ach

ingredient including: water, VOC, LVP

- VOC, total inorganic compounds, and any compound specified in section 94508(a)(152). For hydrocarbon solvents the BIN nu mber as listed in section 94701 (a) or (b), and the initial boiling point and dry point of the solvent shall be specified. Indiv idual compounds16 present in an amount less tha n 0.1 percent by weight, are not required to be reported. (B) (2) By March 1, 2010, and each year thereafter the resp onsible

party shall provide to the Executive Officer contac t information for the person who is to receive the letter. (C) (3) For the p urpose of this subsection a Material Safety Data

Sheet does not meet the req uirement for formulation data.

(2) (B) A violation is established if:

(A) (1) the formulation data supplied by the responsible pa rty or manufacturer shows that the product does not meet the applicable VOC or aromatic content standard; and/or (B) (2) the responsible party or manufacturer fails to resp ond to the

notice and provide formulation data with in the 10 30 working day specified time frame specified in this subsection.