State ofCalifornia AIR RESOURCES BOARD Resolution 09-51 September24, 2009 Agenda Item No.: 09-8-4

WHEREAS, Health and Safety Code sections 39600 and 39601 authorize the Air Resources Board (ARB or Board) to adopt standards, rules and regulations and to do such acts as may be necessaryforthe proper execution ofthe powers and duties granted to and imposed upon the Board by law; WHEREAS, Health and Safety Code section 41712 requires the Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds (VOC) emitted by consumer products, ifthe Board determines that adequate data exist for itto adoptthe regulations, and ifthe regulations are technologically and commerciallyfeasible and necessary; WHEREAS, pursuant to Health and Safety Code section 41712, the Board has adopted the Regulation for Reducing Emissions from Consumer Products (the "consumer

. products regulation;" title 17, California Code of Regulations, sections 94507-94517); WHEREAS, the Board has also adopted test Method 310, "Determination ofVolatile. Organic Compounds in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products;" WHEREAS, the Legislature has enacted the California Global Warming SolutionsAct of 2006 (Health and Safety Code section 38500 et seq.), which declares that global warming poses a serious threat to the economicwell-being, public health, natural resources, and environment ofCalifornia, and creates a comprehensive multi-year program to reduce greenhouse gas emissions that cause global warming; WHEREAS, Health and Safety Code section 38510 designatesARB as the State agency charged with monitoring and regulating sources ofgreenhouse gasesthat cause global warming in orderto reduce these emissions; WHEREAS, on April 15, 2004, the United States Environmental ProtectionAgency (U.S. EPA) designated 15 areas ofCalifornia nonattainment for the federal ambient air quality standard for ozone of0.08 parts per million averaged over eight hours; WHEREAS, on September 25, 2007, ARB adopted the State Strategy for California's State Implementation Plan (SIP), which sets forth ARB's plan to attain the federal ozone standard;Resolution 09-51 

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WHEREAS, achieving additional VOC reductions from consumer products is an important element ofthe SIP and is necessary to attain State and federal air quality standards; WHEREAS, staff has proposed amendments that, when fully implemented, will achieve about 14.7 tons per day ofVOC emission reductions from consumer products; WHEREAS, the proposed amendments would set a lowerVOC limit for Double Phase AerosolAir Freshener, which would become effective on December 31, 2012, and would establish twotiers of newVOC limits for Multi-purpose Solvent and PaintThinner which would become effective on December 31,2010, and December 31,2013, respectively; WHEREAS, the proposed amendments would prohibitthe use ofcompounds with a global warming potential (GWP) value above 150 in three product categories: Double PhaseAerosolAir Freshener, Multi-purpose Solvent, and PaintThinner; WHEREAS, the proposed amendments also include various modifications and clarifications tothe existing regulatory language, including modifications to several definitions and minor changes to improve clarity; WHEREAS, staff has also proposed various amendments to modify and update Method 310, including updatestotest method citations and equations specified for the calculation ofVOC content; WHEREAS, the Board has identified methylene chloride (MeCI), trichloroethylene (TCE), and perchloroethylene (Perc), as toxic air contaminants, pursuant to article 3 (commencing with section 39660), chapter 3.5, part 2, division 26 ofthe Health and Safety Code; WHEREAS, the proposed amendments would prohibit the use of MeCI, Perc, and TCE in the product categories of Multi-purpose Solvent and PaintThinner; WHEREAS, the Board has considered the impact ofthe proposed amendments on the economy ofthe State and the potential for adverse economic impacts on California business enterprises and individuals; WHEREAS, the Board is committed to evaluating community impacts ofproposed regulations, including environmentaljustice concerns; WHEREAS, the California Environmental QualityAct and Board regulations require that no projectthat may have significant adverse environmental impacts be adopted as originally proposed iffeasible alternatives or mitigation measures are available to reduce oreliminate such impacts;Resolution 09-51 

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WHEREAS, a public hearing and other administrative proceedings have been held in accordance with the provisions ofchapter 3.5 (commencing with section 11340), part 1, division 3, title 2 ofthe Government Code; WHEREAS, the Board staff has consulted with the U.S. EPA regarding consumer product regulations promulgated by otherstate and local governments as provided in section 183(e) ofthe federal CleanAirAct; WHEREAS, the Board finds that: The proposed amendments to reduce VOC emissions are authorized by California law and satisfy the requirements of Health and Safety Code section 41712; There exist adequate data to supportthe adoption ofthe proposed amendments and to establish thatthe amendments are necessary, and are commercially and technologicallyfeasible for each ofthe regulated consumer product categories; The proposed amendments will not result in the elimination ofa productform for any product category; The proposed amendments are necessaryto attain and maintain the state and federal ambient airquality standards, and to help fulfill California's SIP commitments to achieve emission reductions from consumer products; The proposed limits will reduce VOC emissions by about 14.7 tons per day in 2013; The economic impacts ofthe proposed amendments have been analyzed as required by California law, and the conclusions and supporting documentation for this analysis are setforth in the Initial Statement of Reasons; The cost-effectiveness ofthe proposed amendments has been considered; The proposed amendments reduce human health,safety, or environmental risks; The benefits to human health, public safety, public welfare, orthe environment justifythe costs ofthe proposed amendments; The proposed amendments are consistentwith ARB's environmentaljustice policies and equally benefit residents ofany race, culture, or income; The reporting requirements ofthe proposed amendments which applyto ·businesses are necessaryforthe health, safety, andwelfare ofthe people ofthe

State; and No reasonable alternative considered orthat has otherwise been identified and broughtto the attention ofARB would be more effective in carrying outtheResolution 09-51 

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purpose forwhich the amendments are proposed, or be as effective and less burdensome to affected private persons and businesses than the proposed amendments. WHEREAS, pursuanttothe requirements ofthe California Environmental QualityAct and the Board's regulations, the Board furtherfinds that: With the mitigation measures described below (which are part ofthe proposed amendments), the proposed amendments will not result in any significant adverse impacts on the environment; Prohibiting compounds with a GWP value above 150 for Double PhaseAerosol Air Freshener, Multi-purpose Solvent, and PaintThinner productswill ensure that manufacturers do not begin using high-GWP compounds in products that are reformulated to meetthe proposed VOC standards; Setting a one percent aromatic compound content limit for Multi-purpose Solvent and Paint Thinner products will ensure that the expected reductions in ozone forming potential will occur as products are reformulated tomeetthe proposed VOC standards forthese product categories; Requiring specific labeling for certain Multi-purpose Solvent and PaintThinner products will alert consumers ofa potential change in productformulation which could present a fire hazard if used improperly; Adverse health and environmental impacts could occurfrom the use of MeCI, Perc, and TCE in Multi-purpose Solvents and PaintThinners, and mitigation measures are necessary and appropriate to prevent a potential increase in emis&ions ofthese toxic air contaminants; Prohibiting MeCI, Perc, and TCE in Multi-purpose Solvents and PaintThinners will ensure that manufacturers do not begin using these compounds in products that are reformulated to meetthe proposed VOC standards forthese product categories; and Suitable and effective alternative formulations that do not contain MeCI, Perc, and TCE are available forthe categories of Multi-purpose Solvent and Paint Thinner. NOW, THEREFORE, BE IT RESOLVED thatthe Board hereby approves the adoption ofthe proposed amendments to sections 94508, 94509, 94510, 94511, 94512, 94513, and 94515, title 17, California Code of Regulations, and the proposed amendments to ARB Method 310, as set forth in AttachmentA, with the modifications setforth in Attachment B hereto. BE IT FURTHER RESOLVED that the Board directs the Executive Officerto take final action to adoptthe amendments setforth in AttachmentA, with the modifications setResolution 09-51 

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forth in Attachment B and such other conforming modifications as may be appropriate, after making the modified regulatory language and any additional supporting documents and information available to the publicfora period of 15 days, provided that the Executive Officer shall consider such written comments as may be submitted during this period, shall make modifications as appropriate in light ofthe comments received, and shall present the regulations to the Board for further consideration ifthe Executive Officerdetermines that this is warranted. BE IT FURTHER RESOLVED that the Board directs the Executive Officer to take the following actions: (1) monitorthe progress of manufacturers in meeting theVOC limits, and (2) identify any significant problems in achieving the limits and propose anyfuture regulatory modificationsthat may be appropriate. BE IT FURTHER RESOLVED that the Board directs the Executive Officerto perform a technical assessment of manufacturers' progress towards meeting the three percent VOC limitsfor Multi-purpose Solvents and PaintThinners, commencing June 30, 2012

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.The technical assessmentwill include an evaluation ofthe airquality.impact of

implementing the future three percent byweight VOC limit combined with the one percent by weight VOC aromatic compound limit. In addition, the data collected will enable staffto determinewhether a reactivity-based approach to regulating these products would be more appropriate than a mass-based approach. BE IT FURTHER RESOLVED that, following approval ofthe amendments by the Office ofAdministrative Law, the Board directs the Executive Officerto submit the amendments to the U.S. EPAfor inclusion in the SIP; provided, however, thatthe Executive Officer shall delay submitting thefuture three percentVOC limitfor Multipurpose Solvents and PaintThinners until afterthe completion ofthe technical assessment, and staff:s determination ofwhether a reactivity-based approach to regulating these products would be more appropriate than a mass-based approach. BE IT FURTHER RESOLVED thatthe Board directs the Executive Officerto include in the SIP revision any additional documentation identified as necessaryfor approval underthe federal CleanAirAct and U.S. EPA regulations, and to work with the U.S. EPAto ensure that the amendments are approved as a SIP revision.

I hereby certifythat the above is a true and correct copy of Resolution 09-51, as adopted by the Air Resources Board.Resolution 09-51 

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Resolution 09-51 September24, 2009

Identification ofAttachments to the Board Resolution

AttachmentA:

Attachment B: Proposed Amendments to the Regulation for Reducing Emissions from Consumer Products and Proposed Amendments to Test Method 310, as setforth in Appendix Btothe Initial Statement of Reasons, released August 7, 2009. Staff's Suggested Modifications to the Original Proposal (distributed atthe Board hearing on September 24, 2009).