Technical Support Document Chapter IX - 207

IX. FUTURE AND ONGOING ACTIVITIES

In this Chapter, we describe future and ongoing ac tivities related to the consumer products program. These activities are directed at developing proposals to further reduce VOC, air toxic and greenhouse gas emissions from consumer products. As always, our rulemaking activities will be conducted in an open, public process, allowing for stakeholder input. Major activities are summar ized below.

A. CONSUMER PRODUCT EMISSIONS REDUCTION COMMITMENTS IN THE 2007 STATE IMPLEMENTATION PLAN (SIP)

In the recently adopted SIP, the State Strategy for California’s 2007 State Implementation Plan, ARB committed to achieving a f urther 30 to 40 tons per day VOC emission reduction from consumer products. Measure s are to be adopted in the 2007 to 2008 timeframe, with emission reductions achieve d by 2010. Additional measures to

achieve the overall reduction commitment are to be adopted between 2010 and 2012 with implementation within the 2012 to 2014 timefra me. The VOC reductions proposed in this rulemaking are a first step toward meeting these commitments. As described below in section C, the 2006 Consumer Products Surv ey data will serve as the basis for identifying and evaluating additional categories fo r emission reduction opportunities. If feasible, additional proposals would be brought bef ore the Board for consideration in late 2008 or early 2009.

B. GREENHOUSE GAS REDUCTIONS FROM CONSUMER PRODUCTS

As specified in The California Global Warming Solu tions Act of 2006 (AB 32), Discrete Early Action Measures are to be adopted an d implemented by 2010. Greenhouse gas reductions from consumer products ha s been designated as a Discrete Early Action Measure. The overall estimat e is that greenhouse gas emissions from consumer products could be reduced by 0.25 MMT CO 2 e per year. The Pressurized Gas Duster proposal, included in this r ulemaking achieves approximately

0.20 MMT CO 2 e per year. We expect data collected from the 2006 Consumer Products Survey to provide information on other categories w here greenhouse gas reductions are technologically feasible and cost-effective to impl ement. Additional reduction strategies will be proposed for Board consideration in late 20 08 or early 2009.

C. REVIEW AND COMPILATION OF THE 2006 CONSUMER PROD UCTS

SURVEY

Staff is continuing review of data from the 2006 C onsumer Products Survey. This survey was designed to collect 2006 calendar y ear product sales and formulation data for a variety of consumer products including a erosol coatings, personal care products, cleaning products, lubricants, pesticides , and others. Some categories were specifically surveyed to evaluate the use of greenh ouse gases. This includes hobby,Technical Support Document Chapter IX - 208

sporting and party products. Over 500 surveys have been received. We expect to

release non-confidential data summaries in summer 2 008. These data will serve as the basis for additional VOC and greenhouse gas reducti on proposals.

D. PAINT AND LACQUER THINNER WORKPLAN

Data collected in the 2003 Consumer and Commercial Products Survey (2003 Survey) showed Paint and Lacquer Thinner VOC emissi ons of about 14 tons per day, if grown to 2010 using population estimates. Based on available research, and regulations in place in the South Coast Air Quality Management District (AQMD), in 2007 ARB staff proposed a 3 percent by weight VOC l imit for Paint and Lacquer Thinner products. These products and their emissions are n ot part of the consumer product emission inventory, even though they do meet the de finition of “consumer product.”
Thus, reductions achieved are not creditable toward the consumer product emission
reduction commitment, but are creditable toward the State’s overall SIP commitments.

In response to this proposal, some stakeholders id entified a number of technical feasibility issues related to this proposal. Other stakeholders continue to assert that the 3 percent limit is feasible for all applications. ARB staff’s assessment, at present time, is that a 3 percent VOC limit may be feasible for a wide variety of applications, but there are remaining end-uses of Paint and Lacquer Thinner where a higher VOC content may be necessary. To address the issues raised, ARB is developing a document which

outlines all stakeholder issues and comments. This document will be reviewed by stakeholders and a workgroup meeting to discuss and resolve concerns would be scheduled for summer 2008. The goal of this proces s is to set the lowest VOC limit that is commercially and technologically feasible, but e nsure that Paint and Lacquer Thinners remain available if there are coatings whe re thinning may still be necessary. If all issues are resolved, we will propose a VOC cont rol strategy as part of the next rulemaking.

E. NAIL COATINGS WORKPLAN

Staff has been evaluating the feasibility of VOC e mission reductions from various nail coating products. Our evaluation, to date, in dicates that a reactivity-based control strategy may provide the better regulatory strategy to achieve ozone reductions from this category. However, this work has been postpon ed until such time as the newly revised maximum incremental reactivity scale has be en peer-reviewed. As part of this process, stakeholders have raised concerns regardin g the use of the toxic compounds xylenes, toluene, dibutyl phthalate, and formaldehy de. We are actively evaluating these concerns to determine if use of these compounds in nail coatings poses a health hazard in the outdoor ambient air. We are developing mode ling scenarios to model emissions of these toxic compounds from an individual busines s, as well as, cumulative emissions from multiple facilities. The goal of these analys es is to assess the potential risk posed to people living in close proximity to these emissi on sources. Should a health hazard in outdoor ambient air be identified, ARB would evalua te mitigation strategies under our authority to reduce air toxic emissions. The goal of this work is to achieve the maximumTechnical Support Document Chapter IX - 209

feasible reduction from these products and, if nece ssary, mitigate toxic air pollutant exposures. We expect to propose a regulatory strat egy for nail coatings as part of the next rulemaking.

F. INNOVATIVE EMISSION REDUCTION STRATEGIES

The 2007 SIP acknowledges that further emission red uctions from consumer products may not be feasible using conventional app roaches. Staff intends to work with stakeholders to explore alternative market-based me chanisms to encourage the development, distribution, and purchase of cleaner, very low, or zero-emitting products.

We also intend to evaluate other approaches if thes e market-based mechanisms cannot produce meaningful emission reductions. The se approaches include the purchase of ROG (VOC) credits, funding special proj ects to reduce emissions, or accelerate reductions from pollution sources outsid e the consumer products source category. Emission reductions achieved through the se mechanisms would be creditable toward the overall consumer product redu ction commitment.

### Appendix B

Proposed Amendments to the Regulation for Reducing

Emissions from Consumer ProductsConsumer Products Regulation 2008 Proposed Amendme nts 1 [Note: Proposed amendments are shown in underline to indicate additions and

strikeout to indicate deletions.]

Proposed Amendments to the

REGULATION FOR REDUCING VOLATILE ORGANIC COMPOUND EMISSIONS

FROM CONSUMER PRODUCTS

SUBCHAPTER 8.5 CONSUMER PRODUCTS

Amend title 17, California Code of Regulation, sect ions 94508, 94509, 94510, 94512, 94513, and 94515 to read as follows:

Article 2. Consumer Products

94507. Applicability.

Except as provided in Sections 94509(i) and 94510, this article shall apply to any person who sells, supplies, offers for sale, or man ufactures consumer products for

use in the state of California.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712 , Health and Safety Code.

§ 94508. Definitions.

(a) For the purpose of this article, the following definitions apply:

(1) “Adhesive” means any product that is used to bo nd one surface to another by attachment. “Adhesive” does not include products u sed on humans and animals, adhesive tape, contact paper, wallpaper, shelf line rs, or any other product with an adhesive incorporated onto or in an inert substrate . For “Contact Adhesive,” “Construction, Panel, and Floor Covering Adhesive,” and “General Purpose Adhesive” only, “adhesive” also does not include un its of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. This limitation does not apply to aerosol adhesives.

(2) “Adhesive Remover” means a product designed to remove adhesive from either a specific substrate or a variety of substrates. “Ad hesive Removers ” does not include products that remove adhesives intended for use on humans or animals.

For the purpose of this definition and “Adhesive R emover” subcategories (A-D), the

term “adhesive” shall mean a substance used to bond one or more materials.Consumer Products Regulation 2008 Proposed Amendme nts 2 Adhesive includes, but is not limited to: caulks; s ealants; glues; or similar substances used for the purpose of forming a bond.

(A) “Floor or Wall Covering Adhesive Remover” means a product designed or labeled to remove floor or wall coverin gs and associated adhesive from the underlying substrate.

(B) “Gasket or Thread Locking Adhesive Remover” me ans a product designed or labeled to remove gaskets or thread locking adhe sives. Products labeled for dual use as a paint stripper and gasket remover and/or thread locking

adhesive remover are considered “Gasket or Thread L ocking Adhesive

Remover.”

(C) “General Purpose Adhesive Remover” means a prod uct designed or labeled to remove cyanoacrylate adhesives as well as non-re active adhesives or residue from a variety of substrates. “General Pur pose Adhesive Remover” includes, but is not limited to, products that remo ve thermoplastic adhesives; pressure sensitive adhesives; dextrine or starch-ba sed adhesives; casein glues; rubber or latex-based adhesives; as well as products that remove
stickers; decals; stencils; or similar materials. “General Purpose Adhesive Remover” does not include “Floor or Wall Covering A dhesive Remover.”

(D) “Specialty Adhesive Remover” means a product de signed to remove reactive adhesives from a variety of substrates. Reactive a dhesives include adhesives that require a hardener or catalyst in or der for the bond to occur. Examples of reactive adhesives include, but are not limited to: epoxies; urethanes; silicones. “Specialty Adhesive Remover” does not include “Gasket or Thread Locking Adhesive Remover.”

(3) “Aerosol Adhesive” means any adhesive packaged as an aerosol product in which the spray mechanism is permanently housed in a nonr efillable can designed for hand-held application without the need for ancillar y hoses or spray equipment. Aerosol adhesives include special purpose spray adh esives, mist spray adhesives, and web spray adhesives.

(4) “Aerosol Cooking Spray” means any aerosol produ ct designed either to reduce sticking on cooking and baking surfaces or to be ap plied on food, or both.

(5) “Aerosol Product” means a pressurized spray sys tem that dispenses product ingredients by means of a propellant contained in a product or a product's container, or by means of a mechanically induced fo rce. “Aerosol Product” does not include “Pump Spray.”

(6) “Agricultural Use” means the use of any pestici de or method or device for the control of pests in connection with the commercial production, storage orConsumer Products Regulation 2008 Proposed Amendme nts 3 processing of any animal or plant crop. “Agricultu ral Use” does not include the sale or use of pesticides in properly labeled packages o r containers which are intended for: (A) Home use, (B) Use in structural pest control, or (C) Industrial or Institutional use. For the purposes of this defini tion only:

“Home use” means use in a household or its immediat e environment.

“Structural pest control” means a use requiring a l icense under Chapter 14 (commencing with Section 8500), Division 3, of the Business and

Professions Code.

“Industrial use” means use for or in a manufacturin g, mining, or chemical process or use in the operation of factories, proce ssing plants, and similar

sites.

“Institutional use” means use within the confines o f, or on property necessary for the operation of buildings such as hospitals, s chools, libraries, auditoriums, and office complexes.

(7) “Air Freshener” means any consumer product including, but not limited to, sprays, wicks, wipes, diffusers , powders, and crystals, designed or labeled for the purpose of masking odors, or freshening, cleaning, scenting , or deodorizing the air. “Air Freshener” includes dual purpose air freshener/disi nfectant products. “Air Freshener” does not include products that are used on the human body, products that function primarily as cleaning products as ind icated on a product label, “Odor Remover/Eliminator,” or “Toilet/Urinal Care Product.”

(8) “All Other Carbon-Containing Compounds” means a ll other compounds which

contain at least one carbon atom and are not a “Tab le B” or a “LVP-VOC.”

(9) “All Other Forms” means all consumer product fo rms for which no form-specific VOC standard is specified. Unless specified otherw ise by the applicable VOC standard, “all other forms” include, but are not li mited to, solids, liquids (which includes the liquid containing or liquid impregnate d portion of the cloth or paper wipes (towelettes), wicks, powders, and crystals.

(10) “Antimicrobial Hand or Body Cleaner or Soap” m eans a cleaner or soap which is designed to reduce the level of microorganisms on t he skin through germicidal activity, and is regulated as an over-the-counter d rug by the U.S. Food and Drug Administration. “Antimicrobial Hand or Body Cleane r or Soap” includes, but is not limited to, (A) antimicrobial hand or body washes/c leaners, (B) foodhandler hand washes, (C) healthcare personnel hand washes, (D) p re-operative skin preparations and (E) surgical scrubs. “Antimicrobi al Hand or Body Cleaner or Soap” does not include prescription drug products, antiperspirants, “Astringent/Toner,” deodorant, “Facial Cleaner or S oap,” “General-use Hand or Body Cleaner or Soap,” “Hand Dishwashing Detergent” (including antimicrobial),Consumer Products Regulation 2008 Proposed Amendme nts 4 “Heavy-duty Hand Cleaner or Soap,” “Medicated Astri ngent/Medicated Toner,” and “Rubbing Alcohol.”

(11) “Anti-Static Product” means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. “Anti-Stat ic Product” does not include “Electronic Cleaner,” “Floor Polish or Wax,” “Floor Coating,” and products that meet the definition of “Aerosol Coating Product” or “Arc hitectural Coating.”

(12) “Architectural Coating” means a coating appli ed to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

(13) “ASTM” means the American Society for Testing and Materials.

(14) “Astringent/Toner” means any product not regul ated as a drug by the United States Food and Drug Administration (FDA) which is designed or labeled to be applied to the skin for the purpose of cleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. Thi s category does not include any hand, face, or body cleaner or soap product, “Medic ated Astringent/Medicated
Toner,” “ Personal Fragrance Product, ” cold cream, lotion, or antiperspirant, or any Astringent/Toner product regulated as a drug by the United States Food and Drug Administration (FDA)

.

(15) “Automotive Hard Paste Wax” means an automotiv e wax or polish which is: (A) designed to protect and improve the appearance of automotive paint surfaces; and (B) a solid at room temperature; and (C) contai ns 0% water by formulation.

(16) “Automotive Instant Detailer” means a product designed for use in a pump spray that is applied to the painted surface of automobil es and wiped off prior to the product being allowed to dry.

(17) “Automotive Rubbing or Polishing Compound” mea ns a product designed primarily to remove oxidation, old paint, scratches or “swirl marks,” and other defects from the painted surfaces of motor vehicles without leav ing a protective barrier.

(18) “Automotive Wax, Polish, Sealant or Glaze” mea ns a product designed to seal out moisture, increase gloss, or otherwise enhance a mo tor vehicle’s painted surfaces. “Automotive Wax, Polish, Sealant or Glaze” includes , but is not limited to, products designed for use in autobody repair shops and “driv e-through” car washes, as well as products designed for the general public. “Auto motive Wax, Polish, Sealant or Glaze” does not include “Automotive Rubbing or Poli shing Compounds ,” automotive wash and wax products, surfactant-containing car wa sh products, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic.

(19) “Automotive Windshield Washer Fluid (Dilutable )” means any liquid which meets the following criteria:Consumer Products Regulation 2008 Proposed Amendme nts 5 (A) the product is sold either in a container with a capacity of 55 gallons or more, or a container with a capacity of one quart or less; a nd

(B) the product is designed or labeled for use in a motor vehicle windshield washer fluid system either as an anti-freeze or for the pu rpose of cleaning, washing, bug removal, or wetting the windshield(s).

“Automotive Windshield Washer Fluid (Dilutable)” do es not include any fluid which is placed in a new motor vehicle at the time the ve hicle is manufactured.

(20) “Automotive Windshield Washer Fluid (Pre-Mixed )” means any liquid which meets the following criteria:

(A) the product is sold in a container with a capac ity that is greater than one quart, but less than 55 gallons; and

(B) the product is designed or labeled for use in a motor vehicle windshield washer fluid system as an anti-freeze or for the purpose o f cleaning, washing, bug removal, or wetting the windshield(s).

“Automotive Windshield Washer Fluid (Pre-Mixed)” do es not include any fluid which is placed in a new motor vehicle at the time the ve hicle is manufactured.

(21) “Bathroom and Tile Cleaner” means a product de signed or labeled to clean tile or

surfaces in bathrooms. “Bathroom and Tile Cleaner” does not include

“Toilet/Urinal Care Product.”

(22) “Brake Cleaner” means a cleaning product desig ned or labeled to remove oil, grease, brake fluid, brake pad material or dirt fro m motor vehicle brake

mechanisms.

(23) “Bug and Tar Remover” means a product labeled to remove either or both of the following from painted motor vehicle surfaces witho ut causing damage to the finish: (A) biological-type residues such as insect carcass es and tree sap and, (B) road grime, such as road tar, roadway paint markings, an d asphalt.

(24) “California Sales” means the sales (net pounds of product, less packaging and container, per year) in California for either the c alendar year immediately prior to the year that the information required by the Execu tive Officer pursuant to section 94513 (required information) is due or, if that dat a is not available, any consecutive 12 month period commencing no earlier than 2 years prior to the due date of the required information. If direct sales data for Cal ifornia is not available, sales may be estimated by prorating national or regional sale s data by population.

(25) “Carburetor or Fuel-Injection Air Intake Clean ers ” means a product designed or labeled to remove fuel deposits, dirt, or other con taminants from a carburetor,Consumer Products Regulation 2008 Proposed Amendme nts 6 choke, throttle body of a fuel-injection system, or associated linkages. “Carburetor or Fuel-injection Air Intake Cleaners ” does not include products designed or labeled exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors, or products designed or labeled exclusively to be introduced during engine operatio n directly into air intake vacuum lines by using a pressurized sprayer wand.

(26) “Carpet and / Upholstery Cleaner” means a cleaning product design ed or labeled for the purpose of eliminating dirt and or stains on rugs, carpeting, and the interior of

motor vehicles and/or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthe tic fabrics. “Carpet and / Upholstery Cleaner” includes, but is not limited to , products used on household furniture, the interior of motor vehicles, and products that make f ”F abric

p P rotectant” claims. “Carpet and / Upholstery Cleaner” does not include “ General Purpose Cleaners, ” “Spot Removers ,” vinyl or leather cleaners, d ”D ry c C leaning

f F luids ,” or products designed exclusively for use at indust rial facilities engaged in furniture or carpet manufacturing.

(27) “Charcoal Lighter Material” means any combusti ble material designed to be applied on, incorporated in, added to, or used with charcoa l to enhance ignition. “Charcoal Lighter Material” does not include any of the follo wing: (A) electrical starters and probes, (B) metallic cylinders using paper tinder, (C) natural gas, (D) propane, and (E) fat wood.

(28) “Colorant” means any pigment or coloring mater ial used in a consumer product for an aesthetic effect, or to dramatize an ingredient.

(29) “Construction, Panel, and Floor Covering Adhes ive” means any non-aerosol, one-component adhesive that is designed or labeled for the installation, remodeling, maintenance, or repair of: (A) structural and buil ding components that include, but are not limited to, beams, trusses, studs, paneling (drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, parti cle board, insulation board, pre-decorated hardboard or tileboard, etc.), ceilin g and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or (B) floor or wall coverings that in clude, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cush ion, vinyl-backed carpet, flexible flooring material, nonresilient flooring m aterial, mirror tiles and other types of tiles, and artificial grass. “Construction, Panel, and Floor Covering Adhesive” does

not include “Floor Seam Sealer.”

(30) “Consumer” means any person who seeks, purchas es, or acquires any consumer product for personal, family, household, or institu tional use. Persons acquiring a consumer product for resale are not “consumers” for that product.

(31) “Consumer Product” means a chemically formulat ed product used by household and institutional consumers including, but not limi ted to, detergents; cleaningConsumer Products Regulation 2008 Proposed Amendme nts 7 compounds; polishes; floor finishes; cosmetics; per sonal care products; home, lawn, and garden products; disinfectants; sanitizer s; aerosol paints; and automotive specialty products ; but does not include other paint products, furnitur e coatings, or architectural coatings. As used in this article, t he term “consumer product” shall also refer to aerosol adhesives, including aerosol adhesives used for consumer,
industrial, and commercial uses.

(32) “Contact Adhesive” means a non-aerosol adhesiv e that: (A) is designed for application to both surfaces to be bonded together, and (B) is allowed to dry before the two surfaces are placed in contact with each ot her, and (C) forms an immediate bond that is impossible, or difficult, to repositio n after both adhesive-coated surfaces are placed in contact with each other, and (D) does not need sustained pressure or clamping of surfaces after the adhesive -coated surfaces have been brought together using sufficient momentary pressur e to establish full contact

between both surfaces. “Contact Adhesive” does not include rubber cements that are primarily intended for use on paper substrates. “Contact Adhesive” also does not include vulcanizing fluids that are designed an d labeled for tire repair only.

(33) “Contact Adhesive - General Purpose” means any contact adhesive that is not a “Contact Adhesive - Special Purpose.”

(34) “Contact Adhesive - Special Purpose” means a c ontact adhesive that: (A) is used to bond melamine-covered board, unprimed metal, unsupp orted vinyl, Teflon, ultrahigh molecular weight polyethylene, rubber, high pr essure laminate or wood veneer 1/16 inch or less in thickness to any porous or non porous surface, and is sold in units of product, less packaging, that contain more than eight fluid ounces, or (B) is used in automotive applications that are (1.) autom otive under-the-hood applications requiring heat, oil or gasoline resist ance, or (2.) body-side molding, automotive weatherstrip or decorative trim.

(35) “Container/Packaging” means the part or parts of the consumer or institutional product which serve only to contain, enclose, incor porate, deliver, dispense, wrap or store the chemically formulated substance or mix ture of substances which is solely responsible for accomplishing the purposes f or which the product was designed or intended. “Container/Packaging” includ es any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.

(36) “Crawling Bug Insecticide” means any insectici de product that is designed for use against ants, cockroaches, or other household crawl ing arthropods, including, but not limited to, mites, silverfish or spiders. “Cra wling Bug Insecticide” does not include products designed to be used exclusively on humans or animals, or any house dust mite product. For the purposes of this definition only:

“House dust mite product” means a product whose lab el, packaging, or accompanying literature states that the product is suitable for use againstConsumer Products Regulation 2008 Proposed Amendme nts 8 house dust mites, but does not indicate that the pr oduct is suitable for use against ants, cockroaches, or other household crawl ing arthropods.

“House dust mite” means mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phy lum Arthropoda, the subphylum Chelicerata, the class Arachnida, the sub class Acari, the order Astigmata, and the family Pyroglyphidae.

(37) “Deodorant Body Spray” means:

(A) for products manufactured before January 1, 200 6: a “Personal Fragrance Product” with 20 percent or less fragranc e.

(B) for products manufactured on or after January 1 , 2006: a “Personal Fragrance Product” with 20 percent or less fragranc e, that is designed for application all over the human body to provide a sc ent. A “Deodorant Body Spray” product that indicates or depicts on th e container or packaging, or on any sticker or label affixed there to, that it can be used on or applied to the human axilla, is a “Deodorant” as defined in section 94501(d).

(38) “Device” means any instrument or contrivance ( other than a firearm) which is designed for trapping, destroying, repelling, or mi tigating any pest or any other form of plant or animal life (other than man and other t han bacteria, virus, or other microorganism on or in living man or other living a nimals); but not including equipment used for the application of pesticides wh en sold separately therefrom.

(39) “Disinfectant” means a product that is labeled as a “disinfectant”, or is labeled to destroy or irreversibly inactivate infectious or ot her undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered as a “disinfectant” under the Federal Insecticide, Fun gicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.). Products that are labeled as both a “sanitizer” and

a “disinfectant” are considered disinfectants. “Di sinfectant” does not include any of the following: (A) products labeled solely for use on human or animals, (B) products labeled solely for agricultural use, (C) p roducts labeled solely for use in swimming pools, therapeutic tubs, or hot tubs, (D) products which are labeled to be

used on heat sensitive critical or semi-critical me dical devices or medical equipment surfaces (E) products which are pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or veterinary establishme nts, (F) products which are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food, or (G) products which a re labeled as “Bathroom and Tile

Cleaners ,” “Glass Cleaners ,” “General Purpose Cleaners ,” “Toilet/Urinal Care

Products ,” “Metal Polishes ,” “Carpet Cleaners ,” or “Fabric Refreshers ” that may also make disinfecting or anti-microbial claims on the l abel.Consumer Products Regulation 2008 Proposed Amendme nts 9 (40) “Distributor” means any person to whom a consu mer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers,
retailers, and consumers are not distributors.

(41) “Double Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an e mulsion.

(42) “Dry Cleaning Fluid” means any non-aqueous liq uid product designed and labeled exclusively for use on: (1) fabrics which are label ed “for dry clean only,” such as clothing or drapery; or (2) “S-coded” fabrics. “Dr y Cleaning Fluid” includes, but is not limited to, those products used by commercial d ry cleaners and commercial businesses that clean fabrics such as draperies at the customer’s residence or work place. “Dry Cleaning Fluid” does not include “Spot Remover” or “Carpet/ and Upholstery Cleaner.” For the purposes of this defi nition, S-coded fabric means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee.”

(43) “Dual Purpose Air Freshener/Disinfectant” mean s an aerosol product that is represented on the product container for use as bot h a disinfectant and an air freshener, or is so represented on any sticker, lab el, packaging, or literature attached to the product container.

(44) “Dusting Aid” means a product designed or labeled to assist in removing dust and

other soils from floors and other surfaces without leaving a wax or silicone based coating. “Dusting Aid” does not include “Pressuriz ed Gas Duster.”

(45) “Electrical Cleaner” means a product labeled t o remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, relays, electric pa nels, or generators. Electrical Cleaner does not include “General Purpose Cleaner,” “General Purpose Degreaser,” “Dusting Aid,” “Electronic Cleaner,” “E nergized Electrical Cleaner,” “Pressurized Gas Duster,” “Engine Degreaser,” “Anti -Static Product,” or products designed to clean the casings or housings of electr ical equipment.

(46) “Electronic Cleaner” means a product labeled for the removal of dirt, moisture, dust, flux, or oxides from the internal components of ele ctronic or precision equipment such as circuit boards, and the internal components of electronic devices, including but not limited to, radios, compact disc (CD) playe rs, digital video disc (DVD) players, and computers. “Electronic Cleaner” does not include “General Purpose Cleaner,” “General Purpose Degreaser,” “Dusting Aid ,” “Pressurized Gas Duster,” “Engine Degreaser,” “Electrical Cleaner,” “Energize d Electrical Cleaner,” “Anti-Static Product,” or products labeled to clean the casings or housings of electronic equipment. “Electronic Cleaner” does not include a ny product that meets both of the following criteria:Consumer Products Regulation 2008 Proposed Amendme nts 10 1) the product is labeled to clean and/or degrease electronic equipment, where cleaning and/or degreasing is accomplished when ele ctrical current exists, or when there is a residual electrical potential from a component;

2) the product label clearly displays the stateme nts: “Energized Electronic Equipment use only.”

(47) “Energized Electrical Cleaner” means a product that meets both of the following

criteria:

1) the product is labeled to clean and/or degrease electrical equipment, where cleaning and/or degreasing is accomplished when ele ctrical current exists, or when there is a residual electrical potential from a component such as a capacitor;

2) the product label clearly displays the stateme nts: “Energized Equipment use

only. Not to be used for motorized vehicle mainten ance, or their parts.”

“Energized Electrical Cleaner” does not include “ Electronic Cleaner.”

(48) “Engine Degreaser” means a cleaning product de signed or labeled to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.

(49) “Executive Officer” means the Executive Office r of the Air Resources Board, or his or her delegate.

(50) “Existing Product” means any formulation of th e same product category and form sold, supplied, manufactured, or offered for sale i n California prior to the following dates, or any subsequently introduced identical for mulation:

(A) October 21, 1991, for all products listed in section 94509(a) that have initial

effective dates of January 1, 1993, or January 1, 1 994;

(B) January 6, 1993, for all products listed in s ection 94509(a) that have initial

effective dates of January 1, 1995, or January 1, 1 997, and charcoal lighter materials subject to section 94509(h);

(C) August 16, 1998, for all products listed in s ection 94509(a) that have initial

effective dates of January 1, 2001, January 1, 2002 , January 1, 2003, or January 1, 2005;

(D) November 19, 2000, for all products in the fo llowing product categories listed

in section 94509(a): “Non-aerosol General Purpose D egreaser,” “Sealant and Caulking Compound,” and “Tire Sealant and Inflator. ”Consumer Products Regulation 2008 Proposed Amendme nts 11 (E) July 20, 2005, for all products listed in sec tion 94509(a) that have an effective

date of December 31, 2006, December 31, 2008, or D ecember 31, 2009; and

(F) the effective date of the “ 2006 Amendments ” (i.e., 30 days after the “ 2006

Amendments ” rulemaking acti on is approved by the Office of Administrative Law) December 8, 2007 , for all products listed in section 94509(a) that have an initial effective date of December 31, 2008, or December 31, 2010 for Brake Cleaner, Carburetor or Fuel-Injection Air Int ake Cleaner, Aerosol Engine Degreaser, Resilient Flooring Material, Nonresilien t Flooring Material, Aerosol General Purpose Degreaser, and Aerosol Temporary Ha ir Color

.

(G) [effective date], for all products listed in sect ion 94509(a) that have an initial

effective date of December 31, 2010, or December 31 , 2012, December 31, 2013, or December 31, 2014.

(51) “Fabric Protectant” means:

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

or labeled to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the

fabric’s fibers. “Fabric Protectant” does not incl ude “Waterproofers,” products designed for use solely on leather, or pro ducts designed for use solely on fabrics which are labeled “for dry clean only” and sold in containers

of 10 fluid ounces or less.

(B) for products manufactured on or after December 31, 2008: a product designed or

labeled to be applied to fabric substrates to prot ect the surface from soiling from dirt or other impurities or to re duce absorption of liquid into

the fabric’s fibers. “Fabric Protectant” does not include “Waterproofers,” or products labeled for use solely on leather. “Fabri c Protectant” does not include pigmented products that are designed or lab eled to be used primarily for coloring, products used for construction, recon struction, modification, structural maintenance or repair of fabric substrat es, or products that renew or restore fabric and qualifying as either “Clear C oating” or “Vinyl/Fabric/Leather/Polycarbonate Coating” under section 94521(a).

(52) “Fabric Refresher” means a product labeled to neutralize or eliminate odors on nonlaundered fabric including, but not limited to, sof t household surfaces, rugs, carpeting, draperies, bedding, automotive interiors , footwear, athletic equipment, clothing and/or on household furniture or objects u pholstered or covered with fabrics such as, but not limited to, wool, cotton, or nylon. “Fabric Refresher” does not include “Anti-static Product,” “Carpet/ and Upholstery Cleaner,” “Footwear or Leather Care Product,” “Spot Remover,” or “Disinfec tant,” or products labeled for application to both fabric and human skin.Consumer Products Regulation 2008 Proposed Amendme nts 12 (53) “Fabric Softener-Single Use Dryer Product” means a laundry care product designed or labeled for single use in the clothes dryer to i mpart softness to, or control static cling of, a load of washable fabrics; and may impar t a fragrance or scent. For the purpose of this definition only, “single use” means a product that is intended for one time use during a single drying cycle and is remove d after completion of the drying cycle. A “load” is the amount of washable fabrics in a single drying cycle. “Fabric Softener-Single Use Dryer Product” includes treated nonwoven sheets which are typically packaged in boxes with a multiple number of sheets. “Fabric SoftenerSingle Use Dryer Product” does not include products applied to washable fabrics prior to placing the washable fabrics in the clothe s dryer.

(54) (5 3 ) “Facial Cleaner or Soap” means a cleaner or soap d esigned primarily to clean the face. “Facial Cleaner or Soap” includes, but i s not limited to, facial cleansing creams, semisolids, liquids, lotions, and substrate -impregnated forms. “Facial Cleaner or Soap” does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “Gene ral-use Hand or Body Cleaner or Soap,” “Medicated Astringent/Medicated Toner,” o r “Rubbing Alcohol.”

(55) (5 4 ) “Fat Wood” means pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling . “Fat wood” does not include any kindling with substances added to enhance flamm ability, such as wax-covered or wax-impregnated wood-based products.

(56) (5 5 ) “Flea and Tick Insecticide” means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eg gs. “Flea and Tick Insecticide” does not include products that are designed to be used e xclusively on humans or animals and their bedding.

(57) (5 6 ) “Floor Coating” means an opaque coating that is la beled and designed for application to flooring, including but not limited to, decks, porches, steps, and other horizontal surfaces which may be subject to foot tr affic.

(58) “Floor Maintenance Product” means any product desi gned or labeled to restore, maintain, or enhance a previously applied floor fin ish. “Floor Maintenance Product” includes, but is not limited to, products that are labeled as Spray Buff products or

Floor Maintainers or Restorers. “Floor Maintenance Product” does not include floor polish products, products designed solely for the p urpose of cleaning, or products designed or labeled exclusively for use on marble f loors.

(59) (57 ) ”Floor Polish or Wax” means a product designed or labeled to polish, wax, condition, protect, temporarily seal, or otherwise enhance floor surfaces by leaving a protective finish that is designed or labeled to be periodically replenished. “Floor Polish or Wax” does not include “spray buff product s Floor Maintenance Products ,” “Floor Wax Strippers ”, products designed or labeled for unfinished wood floors , or coatings subject to architectural coatings regulati ons.Consumer Products Regulation 2008 Proposed Amendme nts 13 “Floor Polish or Wax” is divided into three subcat egories: products for resilient flooring materials, products for nonresilient floor ing materials and wood floor wax. For the purposes of this article:

(A) “Resilient Flooring Material” means flexible f looring material including but is not limited to, asphalt, cork, linoleum, no-wax, ru bber, seamless vinyl, and vinyl composite flooring.

(B) “Nonresilient Flooring Material” means floor ing of a mineral content which is

not flexible. “Nonresilient Flooring material” inc ludes but is not limited to terrazzo, marble, slate, granite, brick, stone, cer amic tile, and concrete.

(C) “Wood Floor Wax” means any wax-based products designed or labeled for

use solely on wood floors. “Wood Floor Wax” does n ot include products that make the claim to “clean and wax” or “clean and pol ish.”

(60) (58 ) “Floor Seam Sealer” means any product designed and labeled exclusively for bonding, fusing, or sealing (coating) seams between adjoining rolls of installed flexible sheet flooring.

(61) ( 59 ) “Floor Wax Stripper” means a product designed to r emove natural or synthetic floor polishes or waxes through breakdown of the po lish or wax polymers, or by dissolving or emulsifying the polish or wax. “Floo r Wax Stripper” does not include aerosol floor wax strippers or products designed to remove floor wax solely through

abrasion.

(62) (6 0 ) “Flying Bug Insecticide” means any insecticide pro duct that is designed for use against flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. “Flying Bug Insectici de” does not include “wasp and hornet insecticide,” products that are designed to be used exclusively on humans or animals, or any moth-proofing product. For the pur poses of this definition only, “moth-proofing product” means a product whose label , packaging, or accompanying literature indicates that the product is designed t o protect fabrics from damage by moths, but does not indicate that the product is su itable for use against flying insects or other flying arthropods.

(63) (6 1 ) “Footwear or Leather Care Product” means any produ ct designed or labeled to be applied to footwear or to other leather articles /components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component. Footwear in cludes both leather and nonleather foot apparel. “Footwear or Leather Care Pr oduct” does not include “Fabric Protectant,” “General Purpose Adhesive,” “Contact A dhesive,” “Vinyl/Fabric/Leather/Polycarbonate Coating,” as de fined in section 94521(a), “Rubber/Vinyl Protectant,” “Fabric Refresher,” prod ucts solely for deodorizing, or sealant products with adhesive properties used to c reate external protective layers greater than 2 millimeters thick.Consumer Products Regulation 2008 Proposed Amendme nts 14 (64) (6 2 ) “Fragrance” means a substance or complex mixture o f aroma chemicals, natural essential oils, and other functional components wit h a combined vapor pressure not in excess of 2 mm of Hg at 20 o C, the sole purpose of which is to impart an odor o r scent, or to counteract a malodor.

(65) (6 3 ) “Furniture Maintenance Product” means a wax, polis h, conditioner, or any other product labeled for the purpose of polishing, prote cting or enhancing finished wood

surfaces other than floors and other furniture surf aces including but not limited to acrylics, ceramic, plastics, stone surfaces, metal surfaces, and fiberglass.

“Furniture Maintenance Product” does not include “D usting Aids ,” “Wood Cleaners ,” and products designed solely for the purpose of cle aning, or products designed to leave a permanent finish such as stains, sanding se alers and lacquers.

(66) (6 4 ) “Furniture Coating” means any paint designed for a pplication to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas.

(67) (6 5 ) “Gel” means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, s uch as jelly.

(68) (6 6 ) “General Purpose Adhesive” means any non-aerosol a dhesive designed for use on a variety of substrates. “General Purpose Adhes ive” does not include (A) contact adhesives, (B) construction, panel, an d floor covering adhesives, (C) adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are composed of s imilar materials, such as different types of metals, paper products, ceramics, plastics , rubbers, or vinyls), or (D) adhesives designed exclusively for use on one speci fic category of articles (i.e., articles that may be composed of different material s but perform a specific function, such as gaskets, automotive trim, weather-stripping , or carpets).

(69) (6 7 ) “General Purpose Cleaner” means a general purpose cleaning product labeled for use on a variety of hard surfaces, including sm all appliances. “General Purpose Cleaner” includes, but is not limited to, products designed or labeled for general floor cleaning, kitchen, countertop, or sink clean ing, and cleaners designed or labeled to be used on a variety of hard surfaces su ch as stovetops, cooktops, or

microwaves.

(70) ( 6 8 ) “General Purpose Degreaser” means any product labe led to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic part s. “General Purpose Degreaser” does not include “Engine Degreaser,” “General Purpo se Cleaner,” “Adhesive Remover,” “Electronic Cleaner,” “Electrical Cleaner ,” “Energized Electrical Cleaner,” “Metal Polish/Cleanser,” products used exclusively in “solvent cleaning tanks or related equipment,” or products that are (A) sold e xclusively to establishments which manufacture or construct goods or commodities ; and (B) labeled “not forConsumer Products Regulation 2008 Proposed Amendme nts 15 retail sale.” “Solvent cleaning tanks or related e quipment” includes, but is not limited to, cold cleaners, vapor degreasers, convey orized degreasers, film cleaning machines, or products designed to clean miscellaneo us metallic parts by immersion

in a container.

(71) ( 69 ) “General-use Hand or Body Cleaner or Soap” means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils. “General-use Hand or Body Cleaner or So ap” includes, but is not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps. “General -use Hand or Body Cleaner or Soap” does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “Facial Clean er or Soap,” “Hand Dishwashing Detergent” (including antimicrobial), “Heavy-duty H and Cleaner or Soap,” “Medicated Astringent/Medicated Toner,” or “Rubbing Alcohol.”

(72) (7 0 ) “Glass Cleaner” means a cleaning product designed or labeled primarily for cleaning surfaces made of glass. “ Glass c C leaner” does not include products designed or labeled solely for the purpose of cleaning optical materia ls used in eyeglasses, photographic equipment, scientific equi pment and photocopying

machines.

(73) “Global Warming Potential (GWP)” means the radiat ive forcing impact of one massbased unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period of time.

(74) “Global Warming Potential Value” or “GWP Value” me ans the global warming potential value of a chemical or compound as specif ied in the IPCC: 1995 Second Assessment Report (SAR), Table 2.14, in Climate Cha nge 2007: The Physical Sciences Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, w hich is incorporated by

reference herein.

If Table 2.14 does not contain a SAR 100-year GWP V alue for a specific chemical or compound, then the 100-year GWP Value in Table 2 .14 for that chemical or compound shall be used. If there is no 100-year GWP Value for a chemical or compound listed in Table 2.14 or GWP Value listed i n Table 2.15, then the GWP Value is assumed to be equal to the GWP limit of th e applicable product category.

(75) (7 1 ) “Graffiti Remover” means a product labeled to rem ove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, from a variety of non-cloth or non-fabric

substrates. “Graffiti Remover” does not include “P aint Remover or Stripper,” “Nail Polish Remover,” or “Spot Remover.” Products label ed for dual use as both a paint stripper and graffiti remover are considered “Graff iti Removers.”

(76) (7 2 ) ”Hair Mousse” means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.Consumer Products Regulation 2008 Proposed Amendme nts 16 (77) (7 3 ) ”Hair Shine” means any product designed for the pr imary purpose of creating a shine when applied to the hair. “Hair Shine” inclu des, but is not limited to, dual-use products designed primarily to impart a sheen to th e hair. “Hair Shine” does not include “Hair Spray,” “Hair Mousse,” “Hair Styling Product,” “Hair Styling Gel,” or products whose primary purpose is to condition or h old the hair.

(78) (7 4 ) ”Hair Styling Gel” means a consumer product manufa ctured before December 31, 2006, that is a high viscosity, often gelatinous, product that contains a resin and is designed for the application to hair to aid in styling and sculpting of

the hair coiffure.

(79) (7 5 ) ”Hair Spray” means:

(A) for products manufactured before December 31, 2 006: a consumer product designed primarily for the purpose of dispensing dr oplets of a resin on and into a hair coiffure which will impart sufficient r igidity to the coiffure to establish or retain the style for a period of time, and

(B) for products manufactured on or after December 31, 2006: a consumer product that is applied to styled hair, and is desi gned or labeled to provide sufficient rigidity, to hold, retain and/or (finish ) the style of the hair for a period of time. “Hair Spray” includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle hairsprays that make finishing claims; and products that are both a styling and finishing product. “Hair Spray” does not include spray products that are intended to aid in styling but do not provide finishing of a hairstyle.

For the purposes of this subchapter, “finish” or “f inishing” means the maintaining and/or holding of previously styled hair for a peri od of time.

For the purposes of this subchapter, “styling” mean s the forming, sculpting, or manipulating the hair to temporarily alter the hair 's shape.

(80) (7 6 ) ”Hair Styling Product” means a consumer product ma nufactured on or after December 31, 2006, that is designed or labeled for the application to wet, damp or dry hair to aid in defining, shaping, lifting, styl ing and/or sculpting of the hair. “Hair Styling Product” includes, but is not limited to ha ir balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, p utty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray prod ucts that aid in styling but do not provide finishing of a hairstyle, and leave-in volu mizers, detanglers and/or conditioners that make styling claims. “Hair Stylin g Product” does not include “Hair Mousse,” “Hair Shine,” “Hair Spray,” or shampoos an d/or conditioners that are rinsed from the hair prior to styling.

For the purposes of this subchapter, “finish” or “f inishing” means the maintaining and/or holding of previously styled hair for a peri od of time.Consumer Products Regulation 2008 Proposed Amendme nts 17 For the purposes of this subchapter, “styling” mean s the forming, sculpting, or manipulating the hair to temporarily alter the hair 's shape.

(81) (7 7 ) “Heavy-Duty Hand Cleaner or Soap” means a product designed to clean or remove difficult dirt and soils such as oil, grease , grime, tar, shellac, putty, printer’s ink, paint, graphite, cement, carbon, asphalt, or a dhesives from the hand with or without the use of water. “Heavy-duty Hand Cleaner or Soap” does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “Facial Cleaner or Soap,” “Gene ral-use Hand or Body Cleaner or Soap,” “Medicated Astringent/Medicated Toner” or “Rubbing Alcohol.”

(82) ( 7 8 ) “Herbicide” means a pesticide product designed to kill or retard a plant’s growth, but excludes products that are: (A) for agr icultural use, or (B) restricted materials that require a permit for use and possession.

(83) ( 79 ) “Household Product” means any consumer product tha t is primarily designed to be used inside or outside of living quarters or res idences that are occupied or intended for occupation by individuals, including t he immediate surroundings.

(84) (8 0 ) “Insect Repellent” means a pesticide product that is designed to be applied on
human skin, hair or attire worn on humans in order to prevent contact with or repel biting insects or arthropods.

(85) (8 1 ) “Insecticide” means a pesticide product that is de signed for use against insects or other arthropods, but excluding products that ar e: (A) for agricultural use, or (B) for a use which requires a structural pest control license under Chapter 14 (commencing with Section 8500) of the Business and Professions Code, or (C) restricted materials that require a permit for use and possession.

(86) (8 2 ) “Insecticide Fogger” means any insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.

(87) (8 3 ) “Institutional Product” or “Industrial and Institu tional (I&I) Product” means a consumer product that is designed for use in the ma intenance or operation of an establishment that: (A) manufactures, transports, or sells goods or commodities, or provides services for profit; or (B) is engaged in the nonprofit promotion of a particular public, educational, or charitable cause . “Establishments” include, but are not limited to, government agencies, factories, sch ools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile se rvice and parts centers, health clubs, theaters, or transportation companies. “Ins titutional Product” does not include household products and products that are in corporated into or used exclusively in the manufacture or construction of t he goods or commodities at the

site of the establishment.

(88) (8 4 ) “Label” means any written, printed, or graphic mat ter affixed to, applied to, attached to, blown into, formed, molded into, embos sed on, or appearing upon anyConsumer Products Regulation 2008 Proposed Amendme nts 18 consumer product or consumer product package, for p urposes of branding, identifying, or giving information with respect to the product or to the contents of the package.

(89) (8 5 ) “Laundry Prewash” means a product that is designed for application to a fabric prior to laundering and that supplements and contri butes to the effectiveness of laundry detergents and/or provides specialized perf ormance.

(90) ( 8 6 ) “Laundry Starch/Sizing/Fabric Finish Product” mean s a product that is labeled for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease iro ning of the fabric. “Laundry Starch/Sizing/Fabric Finish Product” includes, but is not limited to, starch, sizing,

and fabric finish.

(91) (8 7 ) “Lawn and Garden Insecticide” means an insecticide product labeled primarily to be used in household lawn and garden areas to prote ct plants from insects or other arthropods. Notwithstanding the requirements of se ction 94512(a) aerosol “Lawn

and Garden Insecticides ” may claim to kill insects or other arthropods.

(92) ( 8 8 ) “Liquid” means a substance or mixture of substance s which is capable of a visually detectable flow as determined under ASTM D -4359-90. “Liquid” does not include powders or other materials that are compose d entirely of solid particles.

(93) ( 89 ) ”Lubricant” means a product designed to that reduces friction, heat, noise, or wear between moving parts, or to loosens rusted or immovable parts or

mechanisms. “Lubricant” does not include automotiv e power steering fluids; products for use inside power generating motors, en gines, and turbines, and their associated power-transfer gearboxes; two cycle oils or other products designed to be added to fuels; products for use on the human bo dy or animals or products that are (1) sold exclusively to establishments which ma nufacture or construct goods or commodities, and (2) labeled “not for retail sale.”

(94) (9 0 ) “LVP-VOC” means a chemical “compound” or “mixture” that contains at least

one carbon atom and meets one of the following:

(A) has a vapor pressure less than 0.1 mm Hg at 20 o C, as determined by ARB
Method 310; or

(B) is a chemical “compound” with more than 12 car bon atoms, or a chemical

“mixture” comprised solely of “compounds” with more than 12 carbon atoms, as verified by formulation data, and the vapor pressur e and boiling point are
unknown; or

(C) is a chemical “compound” with a boiling point greater than 216 o C, as

determined by ARB Method 310; orConsumer Products Regulation 2008 Proposed Amendme nts 19 (D) is the weight percent of a chemical “mixture” t hat boils above 216 o C, as determined by ARB Method 310.

For the purposes of the definition of LVP-VOC, chem ical “compound” means a

molecule of definite chemical formula and isomeric structure, and chemical “mixture” means a substance comprised of two or mor e chemical “compounds.”

(95) (9 1 ) “Manufacturer” means any person who imports, manuf actures, assembles, produces, packages, repackages, or relabels a consu mer product.

(96) (9 2 ) “Medicated Astringent/Medicated Toner” means any p roduct regulated as a drug by the Food and Drug Administration (FDA) which is applied to the skin for the purpose of cleaning or tightening pores. “Medicate d Astringent/Medicated Toner” includes, but is not limited to, clarifiers and sub strate-impregnated products. “Medicated Astringent/Medicated Toner” does not inc lude hand, face, or body cleaner or soap products, “Personal Fragrance Produ cts ,” “Astringent/Toner,” cold cream, lotion, antiperspirants, or products that mu st be purchased with a doctor’s prescription.

(97) (9 3 ) “Metal Polish/Cleanser” means any product designed primarily to improve the appearance of finished metal, metallic, or metalliz ed surfaces by physical or chemical action. To “improve the appearance” means to remove or reduce stains, impurities, or oxidation from surfaces or to make s urfaces smooth and shiny. “Metal Polish/Cleanser” includes, but is not limite d to, metal polishes used on brass, silver, chrome, copper, stainless steel and other o rnamental metals. “Metal Polish/Cleanser” does not include “Automotive Wax, Polish, Sealant or Glaze,” Tire

or W w heel c C leaner,” “Paint Remover or Stripper,” products designed and labeled exclusively for automotive and marine detailing, or products designed for use in degreasing tanks.

(98) (9 4 ) ”Mist Spray Adhesive” means any aerosol adhesive w hich is not a “Special Purpose Spray Adhesive” and which delivers a partic le or mist spray, resulting in the formation of fine, discrete particles that yiel d a generally uniform and smooth application of adhesive to the substrate.

(99) “Motor Vehicle Wash” means a product designed or labeled to wash, wash and wax, wash and shine, or wash and/or clean the exter ior surface of motor vehicles. “Motor Vehicle Wash” includes, but is not limited t o, products for use in commercial, fleet, hand, and “drive through” car washes; commer cial truck washing or large vehicle washing stations; vehicle dealers and repai r shops as well as products

intended for household consumer use. “Motor Vehicl e Wash” does not include “Bug and Tar Remover,” “Glass Cleaner,” “Tire or Wh eel Cleaner,” and products labeled for use exclusively on locomotives or aircr aft.

(100) (9 5 ) “Multi-purpose Dry Lubricant” means any lubricant which is: (A) designed and or labeled to provide lubricity solely by depositing a thin film of graphite, molybdenumConsumer Products Regulation 2008 Proposed Amendme nts 20 disulfide (“moly”), or polytetrafluoroethylene or c losely related fluoropolymer (“teflon”) on surfaces, and (B) designed or labeled for general purpose lubrication, or for use in a wide variety of applications.

(101) (9 6 ) “Multi-purpose Lubricant” means any lubricant desi gned or labeled for general purpose lubrication, or a lubricant labeled for use in a wide variety of applications. “Multi-purpose Lubricant” does not include “Multi-p urpose Dry Lubricants ,”

“ Penetrants ,” or “Silicone-based Multi-Purpose Lubricants .”

(102) (97) ”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 di ssolving or removing contaminants or other organic materials. “Multi-pu rpose Solvent” includes (A) products that do not display specific use instr uctions on the product container or packaging, (B) products that do not sp ecify an end-use function or application on the product container or packagin g, and (C) solvents used in institutional facilities, except for laboratory reagents 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. “Multi-purpose Solvent” also does not include any product making a ny representation that the product may be used as, or is suitable for use as a consumer product which qualifies under another definition in section 94508; such products are not Multi-purpose Solvents and are subject to the “ Most Restrictive Limit” provision of section 94512.

(103) ( 9 8 ) “Nail Polish” means any clear or colored coating d esigned for application to the fingernails or toenails and including but not limit ed to, lacquers, enamels, acrylics, base coats and top coats.

(104) ( 99 ) “Nail Polish Remover” means a product designed to remove nail polish and coatings from fingernails or toenails.Consumer Products Regulation 2008 Proposed Amendme nts 21 (105) (10 0 ) “Non-Carbon Containing Compound” means any compoun d which does not contain any carbon atoms.

(106) (1 0 1 ) “Non-Selective Terrestrial Herbicide” means a terr estrial herbicide product that is toxic to plants without regard to species.

(107) “Not for Retail Sale” means a product sold e xclusively to establishments that manufacture, or construct, goods or commodities, or are sold exclusively to holders of commercial licenses, such as an electrician. Fo r the purpose of this regulation, products labeled “Not for Retail Sale” means the pr oducts are not sold in retail

outlets or wholesale locations where household cons umers may purchase products

.

(108) “Odor Remover/Eliminator” means a product that is designed or labeled to be applied exclusively to hard surfaces to inhibit the ability of soils to create malodors, or functions to entrap, encapsulate, neutralize, co nvert or eliminate malodor

molecules. “Odor Remover/Eliminator” does not inclu de products designed or labeled for use in cleaning soils from hard surface s, laundering, softening, dewrinkling or cleaning fabrics, or dishwashing, or p roducts that are defined as “Air Freshener,” “Bathroom and Tile Cleaner,” “Carpet/Up holstery Cleaner,” “Fabric Refresher,” “General Purpose Cleaner,” “Toilet/Urin al Care Product,” “Disinfectant,”

or “Sanitizer.”

(109) (10 2 ) “Oven Cleaner” means any cleaning product designed or labeled to clean and to remove dried or baked on food deposits from oven walls.

(110) (10 3 ) “Paint” means any pigmented liquid, liquefiable, o r mastic composition designed for application to a substrate in a thin l ayer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of li ght and heat radiation characteristics.

(111) (10 4 ) “Paint Remover or Stripper” means any product desi gned to strip or remove paints or other related coatings, by chemical actio n, from a substrate without markedly affecting the substrate. “Paint Remover o r Stripper” does not include “Multi-purpose Solvents ,” paint brush cleaners, products designed and labe led exclusively as “Graffiti Removers ,” and hand cleaner products that claim to remove paints and other related coatings from skin.

(112) (10 5 ) “Paint Thinner” means any liquid product used for reducing the viscosity of coating compositions or components, that prominentl y displays the term “Paint Thinner,” “Lacquer Thinner,” “Thinner,” or “Reducer ” on the front panel of its packaging.

(113) (10 6 ) “Penetrant” means a lubricant designed and or labeled primarily to loosen metal parts that have bonded together due to rusting, oxi dation, or other causes.Consumer Products Regulation 2008 Proposed Amendme nts 22 “Penetrant” does not include “Multi-purpose Lubrica nts ” that claim to have penetrating qualities, but are not labeled primaril y to loosen bonded parts.

(114) ( 10 7 ) “Person” shall have the same meaning as defined in Health and Safety Code

Section 39047.

(115) (1 0 8 ) “Personal Fragrance Product” means any product whi ch is applied to the human body or clothing for the primary purpose of a dding a scent or masking a malodor, including, but not limited to, cologne, perfume, aftershave, and 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 for use on human geni talia; (F) soaps, shampoos, and products primarily used to clean the human body ; and (G) fragrance products designed to be used exclusively on non-human animal s.

(116) (1 09 ) “Pesticide” means and includes any substance or mi xture 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, desiccant, or p lant regulator, provided that the term “pesticide” will not include any substance, mi xture of substances, or device which the United States Environmental Protection Ag ency does not consider to be a pesticide.

(117) (11 0 ) “Pressurized Gas Duster” means a pressurized produ ct labeled to remove dust from a surface solely by means of mass air or gas f low, including surfaces such as photographs, photographic film negatives, computer keyboards, and other types of

surfaces that cannot be cleaned with solvents. “Pre ssurized Gas Duster” does not include “Dusting Aid”

. ,” “General Purpose Cleaner,” “Electrical Cleaner,” “Electronic Cleaner,” “Energized Electrical Cleaner,” or “Anti- Static Product.” Pressurized Gas Duster does not include products labeled exclusivel y to remove dust from equipment where dust 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 Displa y Panel” clearly displays the statement: “Energized Equipment use only.”

(118) (11 1 ) “Principal Display Panel or Panels” means that par t, or those parts of a label that are so designed as to most likely be displayed , presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the “principal display panel” shall pertain to all such “principal display panels.”

(119) (11 2 ) “Product Brand Name” means the name of the product exactly as it appears on the principal display panel of the product.Consumer Products Regulation 2008 Proposed Amendme nts 23 (120) (11 3 ) “Product Category” means the applicable category w hich best describes the product as listed in this Section 94508.

(121) (11 4 ) “Product Form,” for the purpose of complying with Section 94513 only, means the applicable form which most accurately describes the product's dispensing form

as follows:

A = Aerosol Product

S = Solid P = Pump Spray L = Liquid

SS = Semisolid

O = Other

(122) (11 5 ) “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 conta iner.

(123) (11 6 ) “Pump Spray” means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

(124) (11 7 ) “Responsible Party” means the company, firm or est ablishment which is listed on the product's label. If the label lists two com panies, firms or establishments, the responsible party is the party which the product wa s “manufactured for” or “distributed by,” as noted on the label.

(125) (1 1 8 ) ”Restricted Materials” means pesticides established as restricted materials under Title 3, California Code of Regulations, sect ion 6400.

(126) (1 19 ) ”Retailer” means any person who sells, supplies, or offers consumer products for sale directly to consumers.

(127) (1 20 ) ”Retail Outlet” means any establishment at which co nsumer products are sold, supplied, or offered for sale directly to consumers

.

(128) (121) ”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.Consumer Products Regulation 2008 Proposed Amendme nts 24 (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).

(129) (12 2 ) ”Rubbing Alcohol” means any product containing isop ropyl alcohol (also called isopropanol) or denatured ethanol and labeled for t opical use, usually to decrease germs in minor cuts and scrapes, to relieve minor m uscle aches, as a rubefacient, and for massage.

(130) (123) ”Sanitizer” means a product that is labeled as a “s anitizer,” or is labeled to reduce, but not necessarily eliminate, microorganis ms in the air, on surfaces, or on inanimate objects, and whose label is registered 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) “D isinfectant,” (B) products labeled solely for use on humans or animals, (C) products l abeled solely for agricultural use, (D) products labeled solely for use in swimmin g pools, therapeutic tubs, or hot tubs, (E) products which are labeled to be used on heat sensitive critical or semicritical medical devices or medical equipment surfa ces, (F) products which are premoistened wipes or towelettes sold exclusively to m edical, convalescent or veterinary establishments (G) products which are la beled to be applied to foodcontact surfaces and are not required to be rinsed prior to contact with food, or (H) products which are labeled as “Bathroom and Tile Cl eaners ,” “Glass Cleaners ,” “General Purpose Cleaners ,” “Toilet/Urinal Care Products ,” “Metal Polishes ,” “Carpet Cleaners ,” or “Fabric Refreshers ” that may also make sanitizing or antimicrobial claims on the label.

(131) (12 4 ) ”Sealant and or Caulking Compound” means any product with adhesive properties that is designed to fill, seal, waterpro of, or weatherproof gaps or joints between two surfaces. “Sealant or Caulking Compoun d” includes threaded pipe sealants and gasket makers . “Sealant and or Caulking Compound” does not include roof cements and roof sealants; insulating foams; removable caulking compounds; clear/paintable/water resistant caulking compounds; floor seam sealers; products designed exclusively for automoti ve uses; or sealers that are applied as continuous coatings. “Sealant and or Caulking Compound” also does notConsumer Products Regulation 2008 Proposed Amendme nts 25 include units of product, less packaging, which wei gh more than one pound and consist of more than 16 fluid ounces. For the purpo ses of this definition only, :

“r R emovable caulking compounds” means a compound which temporarily seals

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

“c C lear/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 chemically curing process, where product ingredients 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 chemical byp roducts. “Chemically Curing Sealant or Caulking Compound” includes, but is not limited to, products that utilize silicone, polyurethane, silyl-terminated po lyether or silyl-terminated polyurethane reactive chemistries. “Chemically Cur ing Sealant or Caulking Compound” does not include products which are not s olely dependent on a chemically curing process to achieve the cured stat e.

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

(132) (12 5 ) “Semisolid” means a product that, at room temperat ure, will not pour, but will spread or deform easily, including but not limited to gels, pastes, and greases.

(133) (12 6 ) ”Shaving Cream” means an aerosol product which disp enses a foam lather intended to be used with a blade or cartridge razor , or other wet-shaving system, in the removal of facial or other bodily hair. “Shavi ng Cream” does not include “Shaving Gel.”

(134) (12 7 ) “Shaving Gel” means an aerosol product which dispe nses a post-foaming semi-solid designed to be used with a blade, cartri dge razor, or other shaving system in the removal of facial or other bodily hai r. “Shaving Gel” does not include “Shaving Cream.”

(135) (1 2 8 ) ”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 lubrication, or for use in a wide variety of applications. “Silicone-based Multi-purpose Lubric ant” does not include products designed and labeled exclusively to release manufac tured products from molds.Consumer Products Regulation 2008 Proposed Amendme nts 26 (136) (1 29 ) “Single Phase Aerosol Air Freshener” means an aero sol air freshener with the liquid contents in a single homogeneous phase and w hich does not require that the product container be shaken before use.

(137) (13 0 ) “Solid” means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powd er), is not capable of visually

detectable flow as determined under ASTM D-4359-90.

(138) (13 1 ) “Special Purpose Spray Adhesive” means an aerosol adhesive 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 discolo ration to the artwork.

(B) “Flexible Vinyl Adhesive” means an aerosol adhe sive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrig id polyvinyl chloride plastic with at least five percent, by weight, of plasticiz er content. A plasticizer is a material, such as a high boiling point organic solv ent, that is incorporated into a vinyl to increase its flexibility, workability, or distensibility, and may be determined using ASTM Method E260-91 or from produc t 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 aeros ol adhesive designed to bond

together layers in motor vehicle headliners.

(E) “Polyolefin Adhesive” means an aerosol adhesiv e designed to bond polyolefins

(e.g. polyethylene, polypropylene, etc.) to substra tes.

(F) “Laminate Repair/Edgebanding Adhesive” means a n aerosol adhesive designed

for:

(1) the touch-up or repair of items laminated wit h high pressure laminates

(e.g. lifted edges, delaminations, etc.), or for (2) the touch-up, repair, or attachment of edgeb anding materials,

including, but not limited to, other laminates, syn thetic marble, veneers, wood moulding, and decorative metals.

For the purposes of this definition “high pressu re 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.Consumer Products Regulation 2008 Proposed Amendme nts 27 (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 shear s trength, at temperatures of

200-275 o F.

(139) (13 2 ) “Spot Remover” means any product labeled to clean localized areas, or remove localized spots or stains, on cloth or fabric such as drapes, carpets, uphols tery,

and or clothing, that does not require subsequent launder ing to achieve stain removal. “Spot Remover” does not include “Dry Clea ning Fluid,” “Laundry
Prewash,” or “ Multi

- purpose Solvent. ” or aerosol products labeled solely for gum

removal.

(140) (13 3 ) “Spray Buff Product” means a product designed to r estore a worn floor finish in conjunction with a floor buffing machine and specia l pad.

(141) (13 4 ) ”Table B Compound” means any carbon-containing comp ound listed as an exception to the definition of VOC in Section 94508

.

(142) ( 13 5 ) ”Temporary Hair Color” means any product that appli es color, glitter, or UV-active pigments to hair, wigs, or fur and is rem ovable when washed. “Temporary Hair Color” includes hair color mousses and products labeled to add texture or thickness to cover thinning/balding areas. “Temporary Hair Color” does not include “Hair Spray,” “Hair Styling Product,” or “Hair

Mousse.”

(143) (13 6 ) ”Terrestrial” means to live on or grow from land.

(144) “Tire or Wheel Cleaner” means a product designed o r labeled exclusively to clean either tires, wheels, or both. “Tire or Whee l Cleaner” includes, but is not limited to, products for use in commercial, fle et, hand, and “drivethrough” car washes; commercial truck washing or la rge vehicle washing stations; vehicle dealers and repair shops, as well as household consumer products. “Tire or Wheel Cleaner” does not include products labeled for use exclusively on locomotives or aircraft.

(145) (13 7 ) ”Tire Sealant and Inflator” means any pressurized p roduct that is designed to temporarily inflate and seal a leaking tire.

(146) (1 3 8 ) ”Toilet/Urinal Care Product” means any product desi gned or labeled to clean and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or
urinals includes, but is not limited to, toilets or urinals connected to permanent plumbing in buildings and other structures, portabl e toilets or urinals placed at temporary or remote locations, and toilet or urinal s in vehicles such as buses, recreational motor homes, boats, ships, and aircraf t. “Toilet/Urinal Care Product”

does not include “Bathroom and Tile Cleaner” or “Ge neral Purpose Cleaner.”Consumer Products Regulation 2008 Proposed Amendme nts 28 (147) (1 39 ) ”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.

(148) (1 40 ) ”Type B Propellent” means any halocarbon which is u sed as a propellent including chlorofluorocarbons (CFCs), hydrochlorofl uorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

(149) (1 41 ) “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).

(150) (1 42 ) “Undercoating” means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interio r, and/or firewall of motor vehicles to prevent the formation of rust or to deaden sound . “Undercoating” includes, but is not limited to, rubberized, mastic, or asphaltic pr oducts.

(151) (1 43 ) ”Usage Directions” means the text or graphics on th e product's principal display panel, label, or accompanying literature which desc ribes to the end user how and in what quantity the product is to be used.

(152) (1 44 ) ”Volatile Organic Compound (VOC)” means any compoun d containing at least one atom of carbon, excluding carbon monoxide, carb on dioxide, carbonic acid,
metallic carbides or carbonates, and ammonium carbo nate, 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),Consumer Products Regulation 2008 Proposed Amendme nts 29 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, parachlorobenzotrifluoride (1-chloro-4-trifluorom ethyl benzene), perchloroethylene (tetrachloroethylene).

(153) (1 45 ) ”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).

(154) (1 46 ) ”Wasp and Hornet Insecticide” means any insecticide product that is designed for use against wasps, hornets, yellow jackets or b ees by allowing the user to spray

from a distance a directed stream or burst at the i ntended insects, or their hiding place.

(155) (1 47 ) ”Waterproofer” means a product designed and labeled exclusively to repel water from fabric or leather substrates. “Waterpro ofer” does not include “Fabric

Protectants .”

(156) (1 48 ) ”Wax” means a material or synthetic thermoplastic s ubstance generally of high molecular weight hydrocarbons or high molecular wei ght esters of fatty acids or alcohols, except glycerol and high polymers (plasti cs). “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 or igin such as ozocerite and paraffin, and synthetic polymers such as polyethyle ne.

(157) (1 49) ”Web Spray Adhesive” means any aerosol adhesive whi ch is not a “Mist Spray Adhesive” or “Special Purpose Spray Adhesive.”

(158) “Windshield Water Repellent” means a product desig ned or labeled exclusively to repel water from motor vehicle exterior automotive glass surfaces. “Windshield Water Repellent” does not include “Automotive Winds hield Washer Fluid.”Consumer Products Regulation 2008 Proposed Amendme nts 30 (159) (1 50 ) “Wood Cleaner” means a product labeled to clean woo den materials including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. “Wood Cleaner” does not include “Dusting Aid,” General Pu rpose Cleaner,” “Furniture Maintenance Product,” “Floor Wax Stripper,” “Floor Polish or Wax,” or products designed and labeled exclusively to preserve or col or wood.

NOTE: Authority cited: Sections 38501, 38510, 385 60, 38560.5, 38562, 38580, 39601, 39601, and 41712, Health and Safety Code. Referenc e: Sections 38501, 38510, 38560,
38560.5, 38562, 38580, 39002, 39600, 40000, and 41712, Health and Safety C ode.

§ 94509. Standards for Consumer Products.

(a) Except as provided in Sections 94510 (Exemption s), 94511 (Innovative Products), 94514 (Variances), 94540 through 94555 (Alternative Control Plan), and 94567(a)(1) (Hairspray Credit Program), Title 17, C alifornia Code of Regulations, no person shall sell, supply, offer for sale, or ma nufacture for sale in California any consumer product which, at the time of sale or manu facture, contains volatile organic compounds in excess of the limits specified in the following Table of Standards after the specified effective dates.

Table of Standards Percent Volatile Organic Compound by Weight

Product Category Effective

Date 1 VOC

Standard 2

Adhesive Remov ers*: Floor or Wall Covering Adhesive Remover

--------------------------------------------------- ----------------- Gasket or Thread Locking Adhesive Remover

--------------------------------------------------- ----------------- General Purpose Adhesive Remov er

--------------------------------------------------- ----------------- Specialty Adhesive Remover

======================================= [*See sections 94509(n) and 94512(d) for additional requirements that apply to adhesive removers.] 12/31/2006

------ --------- 12/31/2006

-------------------- 12/31/2006

-------------------- 12/31/2006

=========== 5

------------------ 50

------------------ 20

------------------ 70

==========

Adhesives *:

a A erosol**

--------------------------------------------------- -------------------- Mist Spray Adhesives **

--------------------------------------------------- -------------------- Web Spray Adhesives **

--------------------------------------------------- -------------------- Special Purpose Spray Adhesives ** Mounting, Automotive Engine Compartment, 1/1/95

-------------------- 1/1/2002

-------------------- 1/1/2002

-------------------- 75

----------------- 65

----------------- 55

-----------------Consumer Products Regulation 2008 Proposed Amendme nts 31 and Flexible Vinyl Adhesives Polystyrene Foam and Automobile Headliner

Adhesives Polyolefin and Laminate Repair/Edgebanding

Adhesives

======================================== [** See 94509(i), 94512(d), and 94513(d) for additional requirements that apply to aerosol adhesives .]

--------------------------------------------------- ------------------- Construction, Panel, and Floor Covering* ** #

======================================= [# * See section 94509(k) for the effective date of the VOC limit for certain types of “Construction, Panel

, and Floor Covering Adhesive, and section 94509(p) for additional requirements that apply to Construct ion, Panel, and Floor Covering Adhesives .]

--------------------------------------------------- ------------------- Contact## Contact Adhesive – General Purpose Contact Adhesive – Special Purpose

======================================== [## See sections 94509(m) and 94512(d) for additional requirements that apply to Contact Adhesives .]

--------------------------------------------------- -------------------- g G eneral p P urpose

======================================== * See section 94510(i) for an exemption that applie s to adhesives sold in containers of one fluid ounce or less.

** See section 94509(k) for the effective date of the VOC limit for certain types of “ Construction, Panel, and Floor Covering Adhesives. ” 1/1/2002

1/1/2002

1/1/2002

===========

-------------------- 1/1/95

12/31/2002

12/31/2008

==========

------------------- 1/1/95

12/31/2006

12/31/2006

===========

-------------------- 1/1/95

=========== 70

65

60

==========

----------------- 40

15

7

==========

------------------ 80

55

80

==========

----------------- 10

=========

Adhesive Removers *: Floor or Wall Covering Adhesive Remover

--------------------------------------------------- ----------------- Gasket or Thread Locking Adhesive Remover

--------------------------------------------------- ----------------- General Purpose Adhesive Remover

--------------------------------------------------- ----------------- Specialty Adhesive Remover

======================================= [*See sections 94509(n) and 94512(d) for additional requirements that apply to a Adhesive r Removers .] 12/31/2006

-------------------- 12/31/2006

-------------------- 12/31/2006

-------------------- 12/31/2006

=========== 5

------------------ 50

------------------ 20

------------------ 70

==========

Aerosol Cooking Sprays 1/1/95 18Consumer Products Regulation 2008 Proposed Amendme nts 32 Air Fresheners *:

Double Phase Aerosols

--------------------------------------------------- -------------------- Single Phase Aerosols

--------------------------------------------------- -------------------- Dual Purpose Air Fresheners /Disinfectant

aerosols

--------------------------------------------------- -------------------- liquid/pump sprays

--------------------------------------------------- -------------------- solids /semisolid

======================================== [*See sections 94510(f) and 94510(g)(2) for exemptions that apply to certain Air Fresheners, an d 94509(o) for additional requirements that apply to Air

Fresheners .] 1/1/93

12/31/2004

-------------------- 1/1/93

1/1/96

--------------------

1/1/94

-------------------- 1/1/93

-------------------- 1/1/93

=========== 30

25

------------------ 70

30

------------------

60

------------------ 18

------------------ 3

==========

Anti-static Product:

aerosol

--------------------------------------------------- -------------------- non-aerosol 12/31/2008

-------------------- 12/31/2006 80

------------------ 11 Astringent/Toner (Non-FDA regulated) 12/31/2010 35 Automotive Rubbing or Polishing Compounds 1/1/2005 17

Automotive Wax/Polish/Sealant/Glaze:

all other forms

--------------------------------------------------- -------------------- hard paste waxes

--------------------------------------------------- -------------------- instant detailers 1/1/2005

-------------------- 1/1/2005

-------------------- 1/1/2001 15

------------------ 45

------------------ 3Consumer Products Regulation 2008 Proposed Amendme nts 33 Automotive Windshield Washer Fluids : Type “A” areas *

--------------------------------------------------- -------------------- All other areas (all forms)

Dilutable and Pre-Mixed **

======================================== **See section 94508(a)(19), section 94508(a)(20), and section 94509(l) for provisions that apply to

Automotive Windshield Washer Fluids

.

========================================

* Type “A” areas include only the following: Del Norte, Shasta and Trinity Counties; the Great Basin Valley, Lake Tahoe, Mountain Counties, and Northeast Plateau Air Basins, as defined in Title 1 7, California Code of Regulations, Sections 60105,
60108, 60111, and 60113. 1/1/93

12/31/2008

-------------------- 1/1/93

12/31/2002

===========

=========== 35

25

------------------ 10

1

==========

==========

Bathroom and Tile Cleaners *:

aerosols

--------------------------------------------------- -------------------- all other forms

--------------------------------------------------- -------------------- non-aerosol

======================================== [*See section 94509(p) for additional requirements that apply to Bathroom and Tile Cleaners .] 1/1/94

-------------------- 1/1/94

-------------------- 12/31/2008

=========== 7

------------------ 5

------------------ 1

=========

Brake Cleaners 1/1/97

12/31/2002

12/31/2008

12/31/2010 50

45

20

10 Bug and Tar Remover 1/1/2002 40

Carburetor or Fuel-injection Air Intake

Cleaners ** *

========================================

** See section 94509(k) for the effective date of the VOC limit for Carburetor or Fuel-injection Air Inta ke

Cleaners

. 1/1/95

12/31/2002

12/31/2008

12/31/2010

=========== 75

45

20

10

==========Consumer Products Regulation 2008 Proposed Amendme nts 34 Carpet and / Upholstery Cleaner* : aerosols

--------------------------------------------------- -------------------- non-aerosols (dilutables )

--------------------------------------------------- -------------------- non-aerosols (ready-to-use)

======================================== [*See section 94509(q) for additional requirements that apply to Carpet/Upholstery Cleaner] 1/1/2001

12/31/2010

-------------------- 1/1/2001

-------------------- 1/1/2001

12/31/2010

=========== 7

5

------------------ 0

. 1

------------------ 3

1

==========

Charcoal Lighter Material See Section 94509(h)

Disinfectant:

aerosol

--------------------------------------------------- -------------------- non-aerosol 12/31/2008

------------------ 12/31/2008 70

------------------ 1 Dusting Aids : aerosol

--------------------------------------------------- -------------------- non-aerosol all other forms 1/1/95

1/1/97

12/31/2010

-------------------- 1/1/95

12/31/2010 35

25

17

------------------ 7

3

Electrical Cleaner*

======================================== [*See sections 94509(n) and 94512(d) for additional requirements that apply to Electrical Cleaners .] 12/31/2006

=========== 45

==========

Electronic Cleaner*

======================================= [*See sections 94509(m) and 94512(d) for additional requirements that apply to Electronic Cleaners .] 12/31/2007

=========== 75

==========

Engine Degreasers :

--------------------------------------------------- -------------------- aerosols

--------------------------------------------------- -------------------- non-aerosols 1/1/93

1/1/96

-------------------- 12/31/2004

12/31/2010

-------------------- 12/31/2004 75

50

------------------ 35

10

------------------ 5Consumer Products Regulation 2008 Proposed Amendme nts 35 Fabric Protectant*

aerosol

--------------------------------------------------- -------------------- non-aerosol

======================================== [*See section 94509(q) for additional requirements that apply to Fabric Protectant] 1/1/95

1/1/97

-------------------- 1/1/95

1/1/97

12/31/2010

=========== 75

60

------------------ 75

60

1

==========

Fabric Refresher:

aerosol

--------------------------------------------------- -------------------- N n on-aerosol 12/31/2006

-------------------- 12/31/2006 15

------------------ 6

Fabric Protectants 1/1/95

1/1/97 75

60 Fabric Softener – Single Use Dryer Product See Section 94509(s)

Floor Maintenance Product 12/31/2010 1

Floor Polishes or Waxes : Resilient Flooring Materials

--------------------------------------------------- -------------------- Nonresilient Flooring Materials

--------------------------------------------------- -------------------- Wood Floor Wax 1/1/94

12/31/2010

-------------------- 1/1/94

12/31/2010

-------------------- 1/1/94

12/31/2010 7

1

------------------ 10

1

------------------ 90

70 Floor Wax Stripper:

non-aerosols See Section 94509(j)

Footwear or Leather Care Product*:

aerosol

--------------------------------------------------- -------------------- solid

--------------------------------------------------- -------------------- all other forms

======================================= [*See section 94509(m) for additional requirements that apply to Footwear or Leather Care Products .] 12/31/2006

-------------------- 12/31/2006

-------------------- 12/31/2006

=========== 75

------------------ 55

------------------ 15

==========

Furniture Maintenance Products : aerosols

--------------------------------------------------- -------------------- all other forms (except solid/paste forms)

--------------------------------------------------- -------------------- non-aerosol (except solid/paste forms) 1/1/94

12/31/2004

-------------------- 1/1/94

-------------------- 12/31/2008 25

17

------------------ 7

----------------- 3Consumer Products Regulation 2008 Proposed Amendme nts 36 General Purpose Cleaners *:

aerosols and non-aerosols

--------------------------------------------------- -------------------- aerosols

--------------------------------------------------- -------------------- non-aerosols

======================================== [*See section 94509(p) for additional requirements that apply to General Purpose Cleaners .] 1/1/94

-------------------- 12/31/2008

-------------------- 12/31/2004

=========== 10

------------------ 8

------------------ 4

==========

General Purpose Degreasers *:

aerosols

--------------------------------------------------- -------------------- non-aerosols

======================================== [*See section 94509(m) for additional requirements that apply to General Purpose Degreasers .] 1/1/2002

12/31/2008

12/31/2010

-------------------- 12/31/2004

=========== 50

20

10

------------------ 4

==========

Glass Cleaners : aerosols

--------------------------------------------------- -------------------- non-aerosols 1/1/93

12/31/2012

-------------------- 1/1/93

1/1/96

12/31/2004 12

10

------------------ 8

6

4

Graffiti Remover*:

aerosols

--------------------------------------------------- ------------------- non-aerosols

======================================= [*See section 94509(n) for additional requirements that apply to Graffiti Removers .] 12/31/2006

-------------------- 12/31/2006

=========== 50

------------------ 30

==========

Hair Mousses 1/1/94

12/31/2002 16

6

Hair Shine 1/1/2005 55 Hair Spray 1/1/93

6/1/99 80

55 Hair Styling Gels 1/1/94 6 Hair Styling Product:

aerosols and pump sprays

--------------------------------------------------- ------------------- all other forms 12/31/2006

-------------------- 12/31/2006 6

------------------ 2 Heavy-duty Hand Cleaners or Soap 1/1/2005 8
Insect Repellents : A a erosols 1/1/94 65Consumer Products Regulation 2008 Proposed Amendme nts 37 Insecticides *: Crawling Bug Insecticide (all forms):

--------------------------------------------------- ------------------- aerosol Crawling Bug Insecticide

aerosol

--------------------------------------------------- -------------------- Flea and Tick Insecticide

--------------------------------------------------- -------------------- Flying Bug Insecticide (all forms):

--------------------------------------------------- ------------------- aerosols

--------------------------------------------------- -------------------- F f oggers

--------------------------------------------------- -------------------- Lawn and Garden Insecticide (all forms)

--------------------------------------------------- --------------------

non

- aerosol Lawn and Garden Insecticide

non-aerosol

--------------------------------------------------- -------------------- Wasp and Hornet Insecticide

======================================== * See sections 94510(g)(1) and 94510(k) for exemptions that apply to certain insecticides. 1/1/95

1/1/98

--------------------

12/31/2004

-------------------- 1/1/95

-------------------- 1/1/95

-------------------- 12/31/2003

-------------------- 1/1/95

-------------------- 1/1/95

--------------------

12/31/2003

----------------- 1/1/2005

=========== 40

20

------------------

15

------------------ 25

------------------ 35

------------------ 25

------------------ 45

------------------ 20

-----------------

3

----------------- 40

==========

Laundry Prewash:

aerosols /solids

--------------------------------------------------- -------------------- all other forms 1/1/94

-------------------- 1/1/94 22

------------------ 5 Laundry Starch/Sizing/Fabric Finish Product: 1/1/95

12/31/2008 5

4

. 5

Metal Polish/Cleanser 1/1/2005 30

Motor Vehicle Wash 12/31/10 0.2 Multi-purpose Lubricant* : (excluding solid or semisolid products)

======================================== [*See sections 94509(q) and 94513(f) for additional requirements that apply to Multi-purpose Lubricant] 1/1/2003

12/31/2013

12/31/2015

=========== 50

25

10

==========

Nail Polish Removers 1/1/94

1/1/96

12/31/2004

12/31/2007 85

75

0

1

Non-selective Terrestrial Herbicide:

non-aerosols 1/1/2002 3Consumer Products Regulation 2008 Proposed Amendme nts 38 Odor Remover/Eliminator

aerosol

-------------------------------------------------- -------------------- non-aerosol 12/31/2010

-------------------- 12/31/2010 25

------------------ 6

Oven Cleaners *:

aerosols /pump sprays

-------------------------------------------------- -------------------- liquid

--------------------------------------------------- -------------------- non-aerosol (including pump sprays and liquids )

======================================= [*See section 94509(p) for additional requirements that apply to Oven Cleaners .] 1/1/93

-------------------- 1/1/93

-------------------- 12/31/2008

=========== 8

------------------ 5

------------------ 1

==========

Paint Remover or Stripper 1/1/2005 50

Penetrant*

======================================== [*See section 94509(q) and 94513(f) for additional requirements that apply to Penetrant] 1/1/2003

12/31/2013

=========== 50

25

==========

Personal Fragrance Products *: products with 20% or less fragrance

--------------------------------------------------- -------------------- products with more than 20% fragrance

======================================== * See sections 94510(h), 94510(j), and 94510(l) for exemptions and requirements that apply to Personal Fragrance Product. 1/1/95

1/1/99

-------------------- 1/1/95

1/1/99

=========== 80

75

------------------ 70

65

==========

Pressurized Gas Duster*

======================================== [*See section 94509(r) and 94510(c) for additional provisions that apply to Pressurized Gas Duster] 12/31/2010

=========== 1

==========

Rubber /Vinyl Protectant:

aerosols

--------------------------------------------------- -------------------- non-aerosols 1/1/2005

------------------ 1/1/2003 10

------------------ 3

Sanitizer:

aerosol

--------------------------------------------------- -------------------- non-aerosol 12/31/2008

-------------------- 12/31/2008 70

------------------ 1Consumer Products Regulation 2008 Proposed Amendme nts 39 Sealants and or

Caulking Compounds *

all forms

--------------------------------------------------- -------------------- Chemically Curing

non-aerosol

--------------------------------------------------- -------------------- Non-chemically Curing

non-aerosol

======================================== [*See sections 94509(q) and 94512(d) for additiona l requirements that apply to Sealant or Caulking Compound] 12/31/2002

--------------------

12/31/2012

--------------------

12/31/2010

=========== 4

------------------

3

------------------

1.5

==========

Shaving Creams 1/1/94 5 Shaving Gel 12/31/2006

12/31/2009 7

4 Silicone-based Multi-purpose Lubricant: (excluding solid or semisolid products) 1/1/2005 60

Spot Remover* : aerosols

--------------------------------------------------- -------------------- non-aerosols

======================================== [*See section 94509(q) for additional requirements that apply to Spot Remover] 1/1/2001

12/31/2010

------------------ 1/1/2001

12/31/2010

=========== 25

15

------------------ 8

3

==========

Temporary Hair Color:

A a erosol 12/31/2010 55

Tire or Wheel Cleaner

aerosol

--------------------------------------------------- -------------------- non-aerosol 12/31/2010

-------------------- 12/31/2010 8

------------------ 2

Tire Sealants and Inflators 12/31/2002 20

Toilet/Urinal Care Product:*

aerosol

--------------------------------------------------- -------------------- non-aerosol

======================================== [* See section 94509(o) for additional requirements that apply to Toilet/Urinal Care Products ] 12/31/2006

-------------------- 12/31/2006

=========== 10

------------------ 3

==========

Undercoating:

aerosols 1/1/2002 40 Windshield Water Repellent 12/31/2010 75Consumer Products Regulation 2008 Proposed Amendme nts 40 Wood Cleaner:

aerosol

--------------------------------------------------- -------------------- non-aerosol 12/31/2006

-------------------- 12/31/2006 17

------------------ 4

1 See section 94509(d) for the effective date of the VOC standards for products registered under FIFRA, and section 94509(c) and (d) for the “sell-through” allowed for products manufactured prior to the eff ective

date of standards.

2 See section 94510(c) for an exemption that applies to fragrances in consumer products, and section 94510(d) for an exemption that applies to LVP-VOCs.

(b) Products that are diluted prior to use

(1) Except for “Automotive Windshield Washer Flui ds (Dilutable),” for consumer products

for which the label, packaging, or accompanying lit erature specifically states that the product should be diluted with water or non-VOC sol vent prior to use, the limits specified in subsection (a) shall apply to the prod uct only after the minimum recommended dilution has taken place. For purposes of this subsection (b),

“minimum recommended dilution” shall not include re commendations for incidental use of a concentrated product to deal wi th limited special applications such

as hard-to-remove soils or stains.

(2) For consumer products for which the label, pa ckaging, or accompanying literature

states that the product should be diluted with any VOC solvent prior to use, the limits specified in subsection (a) shall apply to the prod uct only after the maximum recommended dilution has taken place.

(3) For “Automotive Windshield Washer Fluids (Dilutable)” for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use;

(A) the VOC limits specified in section 94509(a) sh all apply to the product only after the minimum recommended dilution has taken place;

(B) for the purpose of complying with the VOC limit s specified in section 94509(a), different dilution instructions for “Type A areas” and other areas of California may be specified on the product label if the dilution i nstructions meet the following

criteria:

1. The instructions are readily visible, and

2. The instructions can be easily understood by the consumer, and

3. The instructions clearly specify the recommended dilutions to apply in “Type A areas” and in other areas of California, an dConsumer Products Regulation 2008 Proposed Amendme nts 41 If the dilution instructions specified on the prod uct label meet these criteria, the VOC limits specified in section 94509 (a) shall apply to the product only after the minimum recommended dilution has taken place for the area in which the product is sold, supplied, or offered for sale.

(4) For products sold in pump spray containers, the VO C limits specified in section 94509(a) shall apply to the product prior to any mi nimum recommended dilution.

(c) Sell-through of products.

(1) Sell-through period

. Notwithstanding the provisions of Section 94509( a) or 94509(j), a consumer product manufactured prior to each of the effective dates specified for that product in the Table of Standard s may be sold, supplied, or offered for sale for up to three years after each of the sp ecified effective dates. This subsection (c) does not apply to:

(A) any consumer product that does not display on t he product container or package the date on which the product was manufactured, or a code indicating such date,

or

(B) any consumer product on which the manufacturer has used a code indicating the

date of manufacture that is different than the code specified in section 94512(b)(2), but an explanation of the code has not been filed with the ARB Executive Officer by the deadlines specified in section 94512(c)(1) or

section 94512(c)(2), or

(C) Solid “ Air Fresheners” and “ Toilet/Urinal Care Products ” that contain paradichlorobenzene; these products are subject to the one-year sell-through period specified in section 94509(o).

(D) Products contained in multi-unit packages, as s pecified below:

1. Subsection (c)(1) does not apply to any individ ual consumer products unit contained within a multi-unit package that is produ ced or assembled after January 1, 2006, where the multi-unit package does not display the date(s) or date-code(s) of the individual product units, or di splay the date of assembly, such that the displayed information is no t readily observable without irreversibly disassembling any portion of t he container or packaging.

2. For the purposes of this section, “date of asse mbly” means the date that the individual product units are assembled into the fin ished multi-unit package.

3. For multi-unit packages that display the “date of assembly” instead of the date(s) or date-code(s) of the individual product u nits, the “date of assembly” shall be the “date of manufacture” for all of the p roduct units contained within the multi-unit package. In other words, all of the product units shall beConsumer Products Regulation 2008 Proposed Amendme nts 42 deemed to have been manufactured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s).

(2) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product subject to the Table of Standards in section 94509 must notify the purchaser of the product in w riting of the date on which the sell-through period for that product will end, prov ided, however, that this notification must be given only if all of the following conditio ns are met:

(A) the product is being sold or supplied to a dis tributor or retailer;

(B) the sell-through period for the product will ex pire 6 months or less from the date the product is sold or supplied;

(C) the product does not comply with the lowest VOC standard that applies on the date the sell-through period ends; and

(D) the product is subject to a VOC standard with a n effective date on or after December 31, 2004.

(d) Products registered under FIFRA. For those consumer products that are registered under the Federal Insecticide, Fungicide, and Roden ticide Act, (FIFRA; 7 U.S.C. Section 136-136y), the effective date of the VOC st andards specified in subsection (a) is one year after the date specified in the Tab le of Standards. For those consumer products that are registered under FIFRA, the three year period provided in subsection (c) shall also begin one year after t he date specified in the Table of

Standards.

(e) Products containing ozone-depleting compounds. For any consumer product for which VOC standards are specified under subsection (a), no person shall sell, supply, offer for sale, or manufacture for sale in California any consumer product which contains any of the following ozone-depleting compounds:

CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane), CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difl uoroethane), CFC-115 (chloropentafluoroethane), halon 1211 (b romochlorodifluoromethane), halon 1301 (bromotrifluoromethane), halon 2402 ( dibromotetrafluoroethane), HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane), HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane), HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b (1-chloro-1,1-difluoroethane), 1,1,1-tric hloroethane, and carbon

tetrachloride.Consumer Products Regulation 2008 Proposed Amendme nts 43 (f) The requirements of section 94509 (e) shall no t apply to any existing product formulation that complies with the Table of Standar ds or any existing product

formulation that is reformulated to meet the Table of Standards, provided the ozone depleting compound content of the reformulated prod uct does not increase.

(g) The requirements of section 94509 (e) shall no t apply to any ozone depleting compounds that may be present as impurities in a co nsumer product in an amount equal to or less than 0.01% by weight of the produc t.

(h) Requirements for charcoal lighter materials. The following requirements shall apply to all charcoal lighter material products as define d in section 94508(a)( 27 ) :

(1) Regulatory Standards

(A) In all areas of California except the S outh Coast Air Quality Management

District, no person shall sell, supply, or offer fo r sale after January 1, 1993 any charcoal lighter material product unless at the time of the transaction:

1. the manufacturer or distributor of the charco al lighter material has been

issued a currently effective certification pursuant to subsection (h)(2).

2. the charcoal lighter material meets the formulat ion criteria and other conditions specified in the applicable Executive Or der issued pursuant to subsection (h)(2).

3. the product usage directions for the charcoal lighter material are the

same as those provided to the Executive Officer pur suant to subsection (h)(2)(C).

(B) In the South Coast Air Quality Management Distr ict, the regulatory standards specified in subsection (h)(1)(A) shall be applicab le upon the effective date

of this subsection.

(2) Certification Requirements

(A) No charcoal lighter material formulation s hall be certified under this subsection

unless the applicant for certification demonstrates to the Executive Officer's satisfaction that the VOC emissions from the igniti on of charcoal with the charcoal lighter material are less than or equal to 0.020 pound of VOC per start, using the procedures specified in the South Coast A ir Quality Management District Rule 1174 Ignition Method Compliance Certi fication Protocol, dated February 27, 1991 (the “SCAQMD Rule 1174 Testing Pr otocol”). The provisions relating to LVP-VOC in sections 94508(a)( 9 0 ) and 94510(d) shall not apply to any charcoal lighter material subject to the requir ements of sections 94509(a) and (h).Consumer Products Regulation 2008 Proposed Amendme nts 44 (B) The Executive Officer may approve alternative test procedures which are shown to provide equivalent results to those obtain ed using the SCAQMD Rule 1174 Testing Protocol.

(C) A manufacturer or distributor of charcoal light er material may apply to the

Executive Officer for certification of a charcoal l ighter material formulation in accordance with this subsection (h)(2). The applic ation shall be in writing and shall include, at a minimum, the following:

1. the results of testing conducted pursuant to the procedures specified in

SCAQMD Rule 1174 Testing Protocol.

2. the exact text and/or graphics that will app ear on the charcoal lighter

material's principal display panel, label, and any accompanying literature. The provided material shall clearly show the usage directions for the product. These directions shall accurately reflect the quantity of charcoal lighter material per pound of charcoal that was use d in the SCAQMD Rule 1174 Testing Protocol for that product, unless:

i) the charcoal lighter material is intended to be used in fixed amounts

independent of the amount of charcoal used, such as certain paraffin
cubes, or

ii) the charcoal lighter material is already in corporated into the charcoal,

such as certain “bag light,” “instant light,” or “m atch light” products.

3. For a charcoal lighter material which meets t he criteria specified in

subsection (h)(2)(C)( 2.)( i), the usage instructions provided to the Executiv e Officer shall accurately reflect the quantity of ch arcoal lighter material used in the SCAQMD Rule 1174 Testing Protocol for that p roduct.

4. Any physical property data, formulation data , or other information required

by the Executive Officer for use in determining whe n a product modification has occurred and for use in determining compliance with the conditions specified on the Executive Order issued pursuant to section (h)(2).

(D) Within 30 days of receipt of an application, th e Executive Officer shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete. Withi n 30 days of receipt of additional information, the Executive Officer shall advise the applicant in writing either that the application is complete, or that sp ecified additional information or testing is still required before it can be deemed c omplete.

(E) If the Executive Officer finds that an applicat ion meets the requirements of this

subsection (h)(2), then he or she shall issue an Executive Ord er certifying the charcoal lighter material formulation and specifyin g such conditions as areConsumer Products Regulation 2008 Proposed Amendme nts 45 necessary to insure that the requirements of this s ubsection (h) are met. The Executive Officer shall act on a complete applicati on within 90 days after the application is deemed complete.

(3) Notice of Modifications

For any charcoal lighter material for which certifi cation has been granted pursuant to subsection (h)(2), the applicant for certificati on shall notify the Executive Officer in writing within 30 days of: (i) any change in th e usage directions, or (ii) any change in product formulation, test results, or any other information submitted pursuant to subsection (h)(2) which may result in V OC emissions greater than 0.020 pound of VOC per start.

(4) Revocation of Certification

If the Executive Officer determines that any certif ied charcoal lighter material formulation results in VOC emissions from the ignit ion of charcoal which are greater than 0.020 pound of VOC per start, as determined by the SCAQMD Rule 1174 Testing Protocol and the statistical anal ysis procedures contained therein, the Executive Officer shall revoke or modi fy the certification as is necessary to assure that the charcoal lighter material will r esult in VOC emissions of less than or equal to 0.020 pound of VOC per start. The Exec utive Officer shall not revoke or modify the prior certification without first afford ing the applicant for the certification an opportunity for a hearing in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to determine if th e certification should be

modified or revoked.

(5) Notwithstanding any other provision of this su bsection 94509(h), charcoal lighter material products manufactured prior to January 1, 1993, may be sold, supplied, or offered for sale until July 1, 1994, in all areas o f California except the South Coast Air Quality Management District. Charcoal lighter material products subject to SCAQMD Rule 1174 and sold, supplied, or offered for sale in the South Coast Air Quality Management District shall meet the requirem ents of section 94509(h) upon the effective date of this subsection, regardless o f the date on which the products

were manufactured.

(i) Requirements for aerosol adhesives (as defined in sections 94508(a)(1) and 94508(a)(3)).

(1) As specified in Health and Safety Code sectio n 41712(h)(2), the standards for

aerosol adhesives apply to all uses of aerosol adhe sives, including consumer, industrial, and commercial uses. Except as otherwi se provided in sections 94509(c), 94510, 94511, and 94514, no person shall sell, supply, offer for sale, use or manufacture for sale in California any aeros ol adhesive which, at the time of sale, use, or manufacture, contains VOCs in exce ss of the specified standard.Consumer Products Regulation 2008 Proposed Amendme nts 46 (2)(A) In order to qualify as a “Special Purpose S pray Adhesive” the product must

meet one or more of the definitions for “Special Pu rpose Spray Adhesive” specified in section 94508(a)( 13 1 ) , but if the product label indicates that the product is suitable for use on any substrate or app lication not listed in one of the definitions for “Special Purpose Spray Adhesive ,” then the product shall be classified as either a “Web Spray Adhesive” or a “M ist Spray Adhesive.”

(B) If a product meets more than one of the d efinitions specified in section

94508(a)( 13 1 ) for “Special Purpose Spray Adhesive,” and is not c lassified as a “Web Spray Adhesive” or “Mist Spray Adhesive” und er subsection (2)(A), then the VOC limit for the product shall be the low est applicable VOC limit specified in section 94509(a).

(3) Effective 1/1/2002, no person shall sel l, supply, offer for sale, or manufacture for use in California any aerosol ad hesive which contains any of

the following compounds: methylene chloride, perch loroethylene, or trichloroethylene, except that an aerosol adhesive manufactured before 1/1/2002 may be sold, supplied, or offered for sale until 1/1/2005, so long as the product container or package displays the date on which the product was

manufactured , or a code indicating such date. complies with the product dating requirements in section 94512(b).

(4) All aerosol adhesives must comply with the la beling requirements specified in

section 94512(d), and all manufacturers and respons ible parties for aerosol adhesives must comply with the special reporting re quirements specified in section 94513(d).

(j) Requirements for Floor Wax Strippers. After an effective date of January 1, 2002, no person shall sell, supply, of fer for sale, or manufacture for use in California any floor wax stripper unle ss the following requirements are

met:

(1) The label of each non-aerosol floor wax stripp er must specify a dilution ratio for light or medium build-up of polish that results in an as- used VOC concentration of 3 percent by weight or less.

(2) If a non-aerosol floor wax stripper is also in tended to be used for removal of heavy build-up of polish, the label of that floor wax str ipper must specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12 percent by weight or less.

(3) The terms “light build-up,” “medium build-up” o r “heavy build-up” are not specifically required, as long as comparable terminology is used

.Consumer Products Regulation 2008 Proposed Amendme nts 47 (k) Effective dates of the VOC limits for “ Carburetor or Fuel-injection Air Intake

Cleaners ” and “ Construction, Panel, and Floor Covering Adhesives. “ “The definitions for the product categories of “Carburet or or Fuel-injection Air Intake Cleaners” and “Construction, Panel, and Floor Cover ing Adhesives” were modified as part of the “Mid-term Measures II” rulemaking ac tion that was considered by the

Board in October 1999. As a result of these modifi cations, certain types of consumer products were included in these definition s that had not previously been included. For those consumer products that were in cluded in these definitions for

the first time as a result of the “Mid-term Measure s II” rulemaking action, the VOC limits (in section 94509(a)) applicable to these ne wly included products shall not become legally effective until December 31, 2002.

(l) Automotive Windshield Washer Fluids. The provisions of subsection 94509(b)(1) shall not apply to “Automotive Windshield Washer Fl uid (Pre-Mixed)” as defined in section 94508(a)(2 0 )

.

(m) Requirements for Contact Adhesives, Electronic Clea ners, Footwear or Leather Care Products, and General Purpose Degreasers.

(1) Except as provided below in sections 94509(m )(2) and (m)(4), effective

December 31, 2005, no person shall sell, supply, of fer for sale, or manufacture for use in California any Contact Adhesive, Electro nic Cleaner, Footwear or

Leather Care Product

, or General Purpose Degreaser that contains any of t he following compounds: methylene chloride, perchloro ethylene, or trichloroethylene.

(2) Sell-through of Products . Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, and General Purpose Degrease rs that contain methylene chloride, perchloroethylene, or trichloro ethylene and were manufactured before December 31, 2005, may be sold, supplied, or offered for sale until December 31, 2008, so long as the produc t container or package displays the date on which the product was manufact ured , or a code indicating

such date. complies with the product dating requirements in section 94512(b).

(3) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified abo ve in section 94509(m)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2008, pro vided, however, that this notification must be given only if both of the foll owing conditions are met:

(A) the product is sold or supplied to a distribu tor or retailer; and

(B) the product is sold or supplied on or aft er June 30, 2008.

(4) Impurities . The requirements of section 94509(m)(1) and (m)(3 ) shall not apply to any Contact Adhesive, Electronic Cleaner, Footwe ar or Leather Care Product,Consumer Products Regulation 2008 Proposed Amendme nts 48 or General Purpose Degreaser containing methylene c hloride, perchloroethylene, or trichloroethylene that is pre sent as an impurity in a combined amount equal to or less than 0.01% by weig ht.

(n) Requirements for Adhesive Removers, Electrical Clea ners, and Graffiti Removers.

(1) Except as provided below in sections 94509(n) (2) and (n)(4), effective

December 31, 2006, no person shall sell, supply, of fer for sale, or manufacture for use in California any Adhesive Remover, Electri cal Cleaner, or Graffiti Remover that contains any of the following compound s: methylene chloride, perchloroethylene, or trichloroethylene.

(2) Sell-through of Products . Adhesive Removers, Electrical Cleaners, and Graf fiti Removers that contain methylene chloride, perchloro ethylene, or trichloroethylene and were manufactured before Dece mber 31, 2006, may be sold, supplied, or offered for sale until December 31, 2009, so long as the product container or package displays the date on w hich the product was

manufactured , or a code indicating such date. complies with the product dating requirements in section 94512(b).

(3) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified abo ve in section 94509(n)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2009, pro vided, however, that this notification must be given only if both of the foll owing conditions are met:

(A) the product is sold or supplied to a distribu tor or retailer; and

(B) the product is sold or supplied on or aft er June 30, 2009.

(4) Impurities . The requirements of section 94509(n)(1) and (n)(3 ) shall not apply to any Adhesive Remover, Electrical Cleaner, or Graffi ti Remover containing methylene chloride, perchloroethylene, or trichloro ethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight.

(o) Requirements for Solid Air Fresheners and Toilet/Ur inal Care Products.

(1) Effective December 31, 2005, no person shall se ll, supply, offer for sale, or manufacture for use in California any Solid Air Fre sheners or Toilet/Urinal Care Products that contain para-dichlorobenzene, except that Solid Air Fresheners and Toilet/Urinal Care Products that contain para-d ichlorobenzene and were manufactured before December 31, 2005 may be sold, supplied, or offered for sale until December 31, 2006, so long as the produc t container or package displays the date on which the product was manufact ured , or a co de indicating

such date. complies with the product dating requirements in section 94512(b).Consumer Products Regulation 2008 Proposed Amendme nts 49 (2) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies any Solid Air Freshener or Toilet /Urinal Care Product that contains para-dichlorobenzene must notify the purch aser of the product in writing that the sell-through period for the produc t will end on December 31, 2006, provided, however, that this notification mus t be given only if both of the following conditions are met:

(A) the product is sold or supplied to a distribu tor or retailer; and

(B) the product is sold or supplied on or after June 30, 2006.

(p) Requirements for Bathroom and Tile Cleaners, Constr uction, Panel, and Floor Covering Adhesives, electronic cleaners labeled as energized electronic equipment use only, General Purpose Cleaners, and Oven Cleane rs.

(1) Except as provided below in sections 94509(p) (2) and (p)(4), effective

December 31, 2008, no person shall sell, supply, of fer for sale, or manufacture for use in California any Bathroom and Tile Cleaner , Construction, Panel, and Floor Covering Adhesive, electronic cleaners labele d as energized electronic equipment use only, General Purpose Cleaner, or Ove n Cleaner that contains any of the following compounds: methylene chloride , perchloroethylene, or trichloroethylene.

(2) Sell-through of Products. Bathroom and Tile Cleaners, Construction, Panel, an d Floor Covering Adhesives, electronic cleaners label ed as energized electronic equipment use only, General Purpose Cleaners, and O ven Cleaners that contain methylene chloride, perchloroethylene, or t richloroethylene and were manufactured before December 31, 2008, may be sold, supplied, or offered for sale until December 31, 2011, so long as the produc t container or package displays the date on which the product was manufact ured , or a code indicating

such date. complies with the product dating requirements in section 94512(b).

(3) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified abo ve in section 94509(p)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2011, provide d, however, that this notification must be given only if both of the foll owing conditions are met:

(A) the product is sold or supplied to a distribu tor or retailer; and

(B) the product is sold or supplied on or after June 30, 2011.

(4) Impurities . The requirements of section 94509(p)(1) and (p)(3 ) shall not apply to any Bathroom and Tile Cleaner, Construction, Panel, and Floor Covering Adhesive, electronic cleaner labeled as energized e lectronic equipment use only, General Purpose Cleaner, or Oven Cleaner cont aining methylene chloride,Consumer Products Regulation 2008 Proposed Amendme nts 50 perchloroethylene, or trichloroethylene that is pre sent as an impurity in a combined amount equal to or less than 0.01% by weig ht.

(q) Requirements for Carpet/Upholstery Cleaner, Fabric Protectant, Multi-Purpose Lubricant, Penetrant, Sealant or Caulking Compound, and Spot Remover

.

(1) Except as provided below in sections 94509(q)(2), (q)(4), and (q)(5), effective December 31, 2010, no person shall sell, supply, of fer for sale, or manufacture for use in California any Carpet/Upholstery Cleaner , Fabric Protectant, MultiPurpose Lubricant, Penetrant, Sealant or Caulking C ompound, or Spot Remover that contains any of the following compounds: meth ylene chloride, perchloroethylene, or trichloroethylene.

(2) Sell-through of Products. Carpet/Upholstery Cleaners, Fabric Protectants, Mul tiPurpose Lubricants, Penetrants, Sealant or Caulking Compound and Spot Removers that contain methylene chloride, perchloro ethylene, or trichloroethylene and were manufactured before Dece mber 31, 2010, may be sold, supplied, or offered for sale until December 31, 2013, so long as the product complies with the product dating requiremen ts in section 94512(b).

(3) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified abo ve in section 94509(q)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2013, provide d, however, that this notification must be given only if both of the foll owing conditions are met:

(A) the product is sold or supplied to a distribu tor or retailer; and

(B) the product is sold or supplied on or after June 30, 2013.

(4) Impurities . The requirements of section 94509(q)(1) and (q)(3 ) shall not apply to any Carpet/Upholstery Cleaner, Fabric Protectant, M ulti-Purpose Lubricant, Penetrant, Sealant or Caulking Compound, or Spot Re mover containing methylene chloride, perchloroethylene, or trichloro ethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight.

(5) The requirements of this section 94509(q) shall no t apply to “Penetrant” products used on equipment when electrical current exists; residual electrical potential from a component exists; or an open flame exists, as long as the “Principal Display Panel” clearly displays the stat ement: “Non-flammable: For use on energized equipment only.”

(r) Requirements for Pressurized Gas Duster.

(1) Except as provided below in sections 94509(r)(2) a nd (r)(3), effective December 31, 2010, no person shall sell, supply, offer for s ale, or manufacture for use inConsumer Products Regulation 2008 Proposed Amendme nts 51 California any Pressurized Gas Duster product that contains methylene chloride, perchloroethylene, or any chemical compound that ha s a Global Warming Potential (GWP) Value of 150 or greater.

(2) Sell-through of Products . Pressurized Gas Duster products that contain any chemical compound that has a GWP Value greater than 150, and were manufactured before December 31, 2010, may be sold, supplied, or offered for sale until December 31, 2011, so long as the produc t complies with the product dating requirements in section 94512(b).

(3) Notification for products sold during the sell-thro ugh period . Any person who sells or supplies a Pressurized Gas Duster identifi ed above in section 94509(r)(2) must notify the purchaser of the produc t, in writing, that the sellthrough period for that product will end on Decembe r 31, 2011, provided, however, that this notification must be given only if both of the following

conditions are met:

(A) the product is sold or supplied to a distributor o r retailer; and

(B) the product is sold or supplied on or after June 3 0, 2011.

(4) The provisions relating to fragrance in section 94 510(c) shall not apply to any

Pressurized Gas Duster subject to the requirements of this subsection 94509(r).

(5 ) Impurities . The requirements of section 94509(r)(1), (r)(2), and (r)(3) shall not apply to any Pressurized Gas Duster containing any chemical compound that is present as an impurity in a combined amount equal t o or less than 0.1% by weight.

(s) Requirements for Fabric Softener – Single Use Drye r Product.

(1) Effective December 31, 2010, Fabric Softener – Single Use Dryer Product shall not contain more than 0.05 grams of VOC per use. Compl iance with the VOC limit shall be determined per sheet, or equivalent delive ry substrate, based on the minimum recommended use for a single drying cycle s pecified on the product packaging or label. In other words, if one sheet i s the minimum recommended use for a single drying cycle, then the VOC limit appli es per sheet. If two sheets are the minimum recommended use for a single drying cycle, then the VOC limit applies to the aggregate VOC content in two sheets. For purpo ses of this subsection,

“minimum recommended use” shall not include recomme ndations for incidental use of additional sheets, or equivalent delivery substr ate, for limited applications such as for extra large or double loads of washable fabr ics in large capacity clothes dryers.Consumer Products Regulation 2008 Proposed Amendme nts 52 (2) The provisions relating to fragrance in section 94510(c) shall not apply to Fabric Softener – Single Use Dryer Product subject to the requirements of this subsection 94509(s)(1).

NOTE: Authority cited: Sections 38500, 38501, 3851 0, 38560, 38560.5, 38562, 38580, 39600, 39601, 39650, 39658, 39659, 39666, and 41712 , Health and Safety Code. Reference: Sections 38505, 39002, 39600, 39650, 39655, 39656, 39658, 39659, 39 666, 40000, and 41712, Health and Safety Code.

§ 94510. Exemptions.

(a) This article shall not apply to any consumer pr oduct manufactured in California for shipment and use outside of California.

(b) The provisions of this article shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in California a consum er product that does not comply with the VOC standards specified in Section 94509, as lo ng as the manufacturer or

distributor can demonstrate both that the consumer product is intended for shipment and use outside of California, and that the manufac turer or distributor has taken reasonable prudent precautions to assure that the c onsumer product is not distributed to California. This subsection (b) does not apply to consumer products that are sold, supplied, or offered for sale by any person to reta il outlets in California.

(c) Except for Fabric Softener – Single Use Dryer P roduct and Pressurized Gas Duster,

t T he VOC limits specified in Section 94509(a) shall n ot apply to fragrances up to a combined level of 2 percent by weight contained in any consumer product.

(d) The VOC limits specified in Section 94509(a) sh all not apply to any LVP-VOC.

(e) The requirements of Section 94512(b) shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Roden ticide Act, (FIFRA; 7 U.S.C. Section 136-36y).

(f) The VOC limits specified in Section 94509(a) sh all not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under Section 94508 or exempted under Section 94510(d).

(g) The VOC limits specified in Section 94509(a) s hall not apply to:

(1) insecticides containing at least 98% para- dichlorobenzene.

(2) Until December 30, 2006, the VOC limits specif ied in Section 94509(a) shall not apply to solid air fresheners containing at least 9 8% para-dichlorobenzene. On or after December 31, 2006, the provisions of section 94509(o) apply to solid air fresheners containing para-dichlorobenzene.Consumer Products Regulation 2008 Proposed Amendme nts 53 (h) Except as specified in 94510(h)(3) below, t T he VOC limits specified in Section 94509(a) shall not apply to:

(1) existing personal fragrance products or persona l fragrance products in development on or before April 1, 1992, provided that both (i) the registration data specified in section 94513 is submitted for every such product b y the date specified in section 94513(a), or prior to July 1, 1993, whichever date occurs later, and (ii) such product is sold in California prior to January 1, 1994. Fo r the purposes of this subsection, a product “in development” means:

(A) a product which a fragrance materials manufac turer is designing at the request

of a personal fragrance product manufacturer, or

(B) a product which is the subject of a written m arketing profile or other

documentation authorizing the creation and marketin g of the product.

(2) personal fragrance products in development may be registered to qualify for this exemption under hypothetical trade names or pseudon yms, provided that the actual trade name is supplied to the Executive Officer wit hin 30 days of marketing such products, or January 1, 1994, whichever occurs firs t.

(3) Effective December 31, 2014, subsections 94510( h)(1) and 94510(h)(2) shall no longer apply to any “Personal Fragrance Product” th at contains 20 percent or less fragrance. Products manufactured before December 3 1, 2014 may be sold, supplied, or offered for sale until December 31, 20 17, so long as the product complies with the product dating requirements in Se ction 94512(b).

(i) The VOC limits specified in Section 94509(a) sh all not apply to adhesives sold in

containers of 1 fluid ounce or less.

(j) The VOC limits specified in Section 94509(a) sh all not apply to any VOC which is a fragrance in a personal fragrance product.

(k) The VOC limits specified in Section 94509(a) sh all not apply to bait station insecticides. For the purpose of this section, bait station insec ticides are containers enclosing an

insecticidal bait that is not more than 0.5 ounce b y weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5 percent (%) active ingredients.

(l) Except as specified in 94510(l)(1), t T he 1/1/99 VOC limits specified in Section 94509(a) for personal fragrance products shall not apply to such products which have been sold in California prior to 1/1/99.

(1) On or after December 31, 2014, the 75 percent b y weight VOC limit shall apply to any “Personal Fragrance Product” that contains 20 p ercent or less fragrance. Products manufactured before December 31, 2014 may be sold, supplied, orConsumer Products Regulation 2008 Proposed Amendme nts 54 offered for sale until December 31, 2017, so long a s the product complies with the product dating requirements in Section 94512(b).

NOTE: Authority cited: Sections 39600, 39601 and 4 1712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712 , Health and Safety Code.

§ 94511. Innovative Products.

(a) The Executive Officer shall exempt a consumer p roduct from the VOC limits specified in Section 94509(a) if a manufacturer demonstrates by clear and convincing evidence that, due to some characteristic of the product for mulation, design, delivery systems or other factors, the use of the product will result i n less VOC emissions as compared to:

(1) the VOC emissions from a representative consum er product which complies with the VOC limits specified in Section 94509(a), or

(2) the calculated VOC emissions from a noncomplyi ng representative product, if the product had been reformulated to comply with the VO C limits specified in section 94509(a). VOC emissions shall be calculated using the following equation:



## E R 

## = E NC 

## x VOC STD 

## ÷ VOC NC

where:

E R = The VOC emissions from the noncomplying repres entative product, had it been reformulated.

E NC = The VOC emissions from the noncomplying represe ntative product

in its current formulation.

VOC STD = the VOC limit specified in 94509(a).

VOC NC = the VOC content of the noncomplying product in its current

formulation.

If a manufacturer demonstrates that this equation y ields inaccurate results due to some characteristic of the product formulation or o ther factors, an alternative method which accurately calculates emissions may be used upon approval of the

Executive Officer.

(b) For the purposes of this section, “representati ve consumer product” means a consumer product which meets all of the following criteria:

(1) the representative product shall be subject to the same VOC limit in Section 94509(a) as the innovative product.Consumer Products Regulation 2008 Proposed Amendme nts 55 (2) the representative product shall be of the sam e product form as the innovative product, unless the innovative product uses a new f orm which does not exist in the product category at the time the application is mad e.

(3) the representative product shall have at least similar efficacy as other consumer products in the same product category based on test s generally accepted for that product category by the consumer products industry.

(c) A manufacturer shall apply in writing to the Ex ecutive Officer for any exemption claimed under subsection (a). The application shal l include the supporting

documentation that demonstrates the reduction of em issions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to docum ent product usage. In addition, the applicant must provide any information necessar y to enable the Executive Officer to establish enforceable conditions for granting th e exemption including the VOC content for the innovative product and test methods for determining the VOC content. All information submitted by a manufacturer pursuan t to this section shall be handled in accordance with the procedures specified in Title 1 7, California Code of Regulations,

Sections 91000-91022.

(d) Within 30 days of receipt of the exemption appl ication the Executive Officer shall determine whether an application is complete as pro vided in section 60030(a), Title 17, California Code of Regulations.

(e) Within 90 days after an application has been de emed complete, the Executive Officer
shall determine whether, under what conditions, and to what extent, an exemption from the requirements of Section 94509(a) will be permit ted. The applicant and the Executive Officer may mutually agree to a longer ti me period for reaching a decision, and additional supporting documentation may be subm itted by the applicant before a

decision has been reached. The Executive Officer s hall notify the applicant of the decision in writing and specify such terms and cond itions that are necessary to insure that emissions from the product will meet the emiss ions reductions specified in subsection (a), and that such emissions reductions can be enforced.

(f) In granting an exemption for a product the Exec utive Officer shall establish conditions

that are enforceable. These conditions shall inclu de the VOC content of the innovative product, dispensing rates, application rates, and a ny other parameters determined by the Executive Officer to be necessary. The Executi ve Officer shall also specify the test methods for determining conformance to the conditio ns established. The test methods shall include criteria for reproducibility, accurac y, and sampling and laboratory procedures.

(g) For any product for which an exemption has been granted pursuant to this section, the manufacturer shall notify the Executive Officer in writing within 30 days of any change in the product formulation or recommended product u sage directions, and shall alsoConsumer Products Regulation 2008 Proposed Amendme nts 56 notify the Executive Officer within 30 days if the manufacturer learns of any information

which would alter the emissions estimates submitted to the Executive Officer in support of the exemption application.

(h) If the VOC limits specified in Section 94509(a) are lowered for a product category through any subsequent rulemaking, all innovative p roduct exemptions granted for products in the product category, except as provide d in this subsection (h), shall have

no force and effect as of the effective date of the modified VOC standard. This subsection (h) shall not apply to those innovative products which have VOC emissions less than the applicable lowered VOC limit and for which a written notification of the product's emissions status versus the lowered VOC l imit has been submitted to and approved by the Executive Officer at least 60 days before the effective date of such

limits.

(i) If the Executive Officer believes that a consum er product for which an exemption has been granted no longer meets the criteria for an in novative product specified in subsection (a), the Executive Officer may modify or revoke the exemption as necessary to assure that the product will meet thes e criteria. The Executive Officer shall not modify or revoke an exemption without fir st affording the applicant an opportunity for a public hearing held in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with Section 60040), to determine if th e exemption should be modified or

revoked.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712 , Health and Safety Code.

§ 94512. Administrative Requirements.

(a) Most Restrictive Limit

.

(1) Products Manufactured Before January 1, 2007, and F IFRA-registered Insecticides Manufactured Before January 1, 2008. Notwithstanding the definition of “Product Category” in Section 94508, if anywhere on the prin cipal display panel of any consumer product manufactured before January 1, 200 7, or any FIFRA-registered insecticide manufactured before January 1, 2008 , any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in Section 94509(a), then th e lowest VOC limit shall apply. This requirement does not apply to general purpose clean ers and insecticide foggers.

(2) Products Manufactured on or After January 1, 2007, and FIFRA-registered Insecticides Manufactured on or After January 1, 20 08. Notwithstanding the definition of “product category” in Section 94508, if anywhere on the container or packaging of any consumer product manufactured on or after Janua ry 1, 2007, or any FIFRAregistered insecticide manufactured on or after Jan uary 1, 2008, or on any sticker or label affixed thereto, any representation is made t hat the product may be used as, or isConsumer Products Regulation 2008 Proposed Amendme nts 57 suitable for use as a consumer product for which a lower VOC limit is specified in Section 94509(a), then the lowest VOC limit shall a pply. This requirement does not apply to general purpose cleaners and insecticide f oggers.

(3) Rules that Apply when a Product Category Definition Excludes Other Product Categories.

If a definition of a regulated product category in section 94508(a) states that the product category “does not include” one or more oth er product categories, the “most restrictive limit” provisions of section 94512(a) a pply to regulated products that meet the definition of the regulated product category an d also make any representation that the regulated product may be used as (or is suitabl e for use as) a product that falls within one or more of the excluded product categori es. Notwithstanding the foregoing above, this provision does not apply to “Disinfect ant”/”Sanitizer” products labeled as “Bathroom and Tile Cleaners,” “Glass Cleaners,” “Ge neral Purpose Cleaners,” “Toilet/Urinal Care Products,” “Metal Polishes,” “C arpet Cleaners,” or “Fabric Refreshers” that may also make disinfecting/sanitiz ing or anti-microbial claims on the

label.

For example, if the definition for Regulated Produc t Category A states that it “does not include” Regulated Product Category B, then the “mo st restrictive limit” provisions apply to a regulated product that meets the definit ion of Regulated Product Category A, but also makes a representation that it may be used as (or is suitable for use as) Regulated Product Category B. In other words, if t he regulated product makes any representation that it may be used as (or is suitab le for use as) Regulated Category Product B, then the regulated product would be subj ect to the lowest VOC limit specified in section 94509(a) for either Product Ca tegory A or Product Category B. For the purposes of this section:

“Regulated product” means a consumer product for wh ich a VOC standard is specified in section 94509(a), and

“Representation” has the same meaning as used above in subsections 94512(a)(1) and 94512(a)(2) (i.e., what statements qualify as a “representation” depends on the date the product was manufactured and whether the s tatements appear on the “principal display panel” or other parts of the pro duct container or packaging.)

(b) Product Dating

.

(1) Each manufacturer of a consumer product subject to Section 94509 shall clearly display on each consumer product container or packa ge, the day, month, and year on which the product was manufactured, or a code in dicating such date. Codes that represent a sequential batch number, or that o therwise cannot be attributed to a specific day, month, and year, do not satisfy thi s requirement.Consumer Products Regulation 2008 Proposed Amendme nts 58 (2) A manufacturer who uses the following code to i ndicate the date of manufacture shall not be subject to the requirements of section 94512(c)(1), if the code is represented separately from other codes on the prod uct container so that it is easily recognizable:

YY DDD = year year day day day

Where: “YY” = two digits representing the yea r in which the product was

manufactured, and

“DDD” = three digits representing the day of the year on which the product was manufactured, with “001” representing t he first day of the year, “002” representing the second day of the year , and so forth (i.e. the “Julian date”)

(3) This date or code shall be displayed on each c onsumer product container or package no later than twelve months prior to the ef fective date of the applicable standard specified in Section 94509.

(4) Except as otherwise provided in subsection (b)( 5), for products manufactured on or after January 1, 2006, the date or code shall be di splayed on the product container such that it is readily observable without irrevers ibly disassembling any portion of the product container or packaging. For the purpos es of this subsection, information may be displayed on the bottom of a con tainer as long as it is clearly legible without removing any product packaging.

(5) Products Sold in Multi-unit Packages.

(A) Products sold, supplied, or offered for sale in multi-unit packages are not required to comply with subsection (b)(4).

(B) If a multi-unit package does not comply with su bsection (b)(4), the “sell-through” provisions of section 94509(c)(1) shall not apply t o the individual product units contained within the multi-unit package. In other words, if any multi-unit package produced or assembled after January 1, 2006 , does not display the date(s) or date-code(s) of the product units, such that the displayed information is readily observable without irreversibly disassem bling any portion of the container or packaging, the individual product unit s shall be subject to the VOC

standards in effect when the multi-unit package is sold, supp lied, or offered for sale, regardless of the date on which the product u nits were manufactured.

(C) A multi-unit package may comply with subsectio n (b)(4) by displaying the date

of assembly instead of the date(s) or date-code(s) of the individual product units, so long as the date of assembly is readily observab le without irreversibly disassembling any portion of the container or packa ging. The “date of assembly” means the date that the individual produc t units are assembled intoConsumer Products Regulation 2008 Proposed Amendme nts 59 the finished multi-unit package. If the date of as sembly is displayed instead of the individual date(s) or date-code(s), the “date o f assembly” shall be the “date of manufacture” for all of the product units contai ned within the multi-unit package. In other words, all of the product units shall be deemed to have been

manufactured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s), and the “date of assembly” shall be “date of manufacture” of each product unit for the purposes of applying the “sell-through” provisi ons of section 94509(c).

(6) The requirements of this subsection (b) shall n ot apply to:

(A) personal fragrance products of 2 milliliters or less, which are offered to consumers free of charge for the purpose of samplin g the product; or

(B) products containing no VOCs (as defined in sec tion 94508), or containing VOCs at 0.10% by weight or less.

(c) Additional Product Dating Requirements

(1) If a manufacturer uses a code indicating the da te of manufacture, for any consumer product subject to section 94509 an explan ation of the code must be

filed with the Executive Officer of the ARB no late r than twelve months prior to the effective date of the applicable standard speci fied in section 94509. Thereafter, manufacturers using a code must file an explanation of the code with the Executive Officer on an annual basis, beginning in 2006. The explanation of the code must be received by the Executive Officer on or before January 31 st of each year, with the first explanation due on or bef ore January 31, 2006.

(2) If a manufacturer changes any code indicating t he date of manufacture for any consumer product subject to subsection (c)(1), an e xplanation of the modified code must be received by the Executive Officer befo re any products displaying the modified code are sold, supplied, or offered for sale in California.

(3) No person shall erase, alter, deface, or othe rwise remove or make illegible any date or code indicating the date of manufacture fro m any regulated product container without the express authorization of the manufacturer.

(4) Codes indicating the date of manufacture are public information and may not be

claimed as confidential.

(d) Additional Labeling Requirements for Aerosol Adhesi ves , Adhesive Removers

, Electronic Cleaner, Electrical Cleaner, Energ ized Electrical Cleaner, and Contact

Adhesives , and Sealant or Caulking Compound (non-aerosol).

(1) In addition to the requirements specified in subsections (a), (b), and (c), both the manufacturer and responsible party for each a erosol adhesive, adhesiveConsumer Products Regulation 2008 Proposed Amendme nts 60 remover, electronic cleaner, electrical cleaner, en ergized electrical cleaner, and contact adhesive product, and sealant or caulking c ompound (non-aerosol) subject to this article shall ensure that all produ cts clearly display the following information on each product container which is manu factured on or after the effective date for the category specified in sectio n 94509(a):

(A) The product category as specified in sectio n 94509(a) or an abbreviation

of the category shall be displayed; (B) 1. The applicable VOC standard for the prod uct that is specified in

section 94509(a), except for Energized Electrical C leaner, expressed as a percentage by weight, shall be displayed unles s the product is included in an alternative control plan approved by the Executive Officer, as provided in Article 4, Sections 94540-9 4555, Title 17, California Code of Regulations, and the product exc eeds the applicable VOC standard;

2. If the product is included in an alternati ve control plan approved by

the Executive Officer, and the product exceeds the applicable VOC standard specified in section 94509(a), the product shall be labeled with the term “ACP” or “ACP product;”

(C) If the product is classified as a special p urpose spray adhesive, the

applicable substrate and/or application or an abbre viation of the substrate/application that qualifies the product as special purpose shall be displayed;

(D) If the manufacturer or responsible party use s an abbreviation as allowed by

this subsection 94512(d)(1)(a) , an explanation of the abbreviation must be

filed with the Executive Officer before the abbrevi ation is used.

(2) The information required in section 94512(d)(1 ), shall be displayed on the

product container such that it is readily observabl e without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be dis played on the bottom of a container as long as it is clearly legible without removing any product packaging.

(3) No person shall remove, alter, conceal, or def ace the information required in

section 94512(d)(1) prior to final sale of the prod uct.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712 , Health and Safety Code.

§ 94513. Reporting Requirements.

(a) Upon 90 days written notice, the Executive Offi cer may require any responsible party to report information for any con sumer product or products the Executive Officer may specify including, but not li mited to, all or part of the informationConsumer Products Regulation 2008 Proposed Amendme nts 61 specified in the following subsections (a)(1) through (a)(12). If the respons ible party does not have or does not provide the information r equested by the Executive Officer, the Executive Officer may require the reporting of this information by the person that has the information, including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distribu tor, or repackager.

(1) the company name, address, telephone number, an d designated contact person;

(2) any claim of confidentiality made pursuant to T itle 17, California Code of Regulations, Section 91011;

(3) the product brand name for each consumer produc t and the product label;

(4) the product category to which the consumer prod uct belongs;

(5) the applicable product form(s) listed separatel y;

(6) an identification of each product brand name an d form as a “Household Product,” “I&I Product,” or both;

(7) separate California sales in pounds per year, t o the nearest pound, and the method used to calculate California sales for each product form;

(8) for information submitted by multiple companies , an identification of each company which is submitting relevant data separate from tha t submitted by the responsible party. All information from all compan ies shall be submitted by the date specified in Section 94513(a);

(9) for each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to the nearest one-tenth of a percent (0.1%):

(A) Total Table B Compounds (B) Total LVP-VOCs that are not fragrances (C) Total All Other Carbon-Containing Compounds t hat are not fragrances (D) Total All Non-Carbon-Containing Compounds (E) Total Fragrance (F) For products containing greater than two perc ent by weight fragrance, but

excluding “personal fragrance products”: (i) the percent of fragrance that are LVP-VOCs, and (ii) the percent of fragrance that are all other carbon-containing compounds (G) For “personal fragrance products,” the densit y of the fragrance (H) Total Para-dichlorobenzeneConsumer Products Regulation 2008 Proposed Amendme nts 62 (10) for each product brand name and form, the iden tity, including the specific

chemical name and associated Chemical Abstract Serv ices (CAS) number, of the following:

(A) Each Table B Compound (B) Each LVP-VOC that is not a fragrance

(11) if applicable, the weight percent comprised o f propellant for each product;

(12) if applicable, an identification of the type of propellant (Type A, Type B, Type C, or a blend of the different types);

(b) In addition to the requirements of section 9451 3(a)(10), the responsible party shall report or shall arrange to have reported to the Exe cutive Officer the net percent by weight of each ozone-depleting compound which is (1 ) listed in section 94509(e) and (2) contained in a product subject to reporting und er section 94513(a) in any amount greater than 0.1 percent by weight.

(c) All information submitted by any person pursuan t to Section 94513 shall be handled in accordance with the procedures specified in Title 1 7, California Code of Regulations,

Sections 91000-91022.

(d) Special Reporting Requirements for Aerosol Adhesive s

On or before March 31, 2004, all responsible partie s for aerosol adhesives shall report to the Executive Officer the following information for products sold or offered for sale in

California:

(1) data regarding product sales and composition f or the year 2003, including the information listed in Section 94513(a), and any oth er information that the Executive Officer may specify; and

(2) a written update of the research and developmen t efforts undertaken to achieve VOC limits lower than the limits specified in secti on 94509(a). The written update

must include detailed information about the raw mat erials (solvents, propellants, resins, and polymers) and hardware (valves, actuato rs, cans) used in product reformulation, the testing protocols used, the resu lts of the testing, and the cost of

reformulation efforts.

(3) On or before December 31, 2003, the Executive O fficer shall notify responsible parties in writing that they are to submit aerosol adhesive product and research data by March 31, 2004.Consumer Products Regulation 2008 Proposed Amendme nts 63 (e) Special Reporting Requirements for Consumer Product s that Contain Perchloroethylene or Methylene Chloride :

(1) The requirements of this subsection shall apply to all responsible parties for:

(A) consumer products that are subject to section 94509(a) and contain perchloroethylene or methylene chloride, and

(B) Energized Electrical Cleaners as defined in se ction 94508(a) (47) , that contain perchloroethylene or methylene chloride. For the p urposes of this subsection, a product “contains perchloroethylene or methylene ch loride” if the product contains 1.0 percent or more by weight (exclusive o f the container or packaging) of either perchloroethylene or methylene chloride.

(2) For each consumer product that contains perchl oroethylene or methylene chloride, the responsible party shall report the following in formation for products sold in California during each calendar year, beginning wit h the year 2000, and ending with the year 2010.

(A) the product brand name and a copy of the produc t label with legible usage
instructions;

(B) the product category to which the consumer prod uct belongs;

(C) the applicable product form(s) (listed separate ly);

(D) for each product form listed in (C), the total sales in California during the calendar year to the nearest pound (exclusive of th e container or packaging), and the method used for calculating the California sales;

(E) the weight percent, to the nearest 0.10 percent , of perchloroethylene and methylene chloride in the consumer product.

(3) The information specified in subsection 94513( e)(2) shall be reported for each calendar year by March 1 of the following year. Th e first report shall be due on March 1, 2001, for calendar year 2000. A new repor t is due on March 1 of each year thereafter, until March 1, 2011, when the last report is due.

(4) Upon request, the Executive Officer shall make the perchloroethylene information submitted pursuant to this subsection available to publicly owned treatment works in California, in accordance with the procedures fo r handling of confidential information specified in Title 17, California Code of Regulations, sections 91000-

91022.

(A) On or before July 1, 2002, the Executive Office r shall evaluate the information, along with data on influent and effluent levels of perchloroethylene as reportedConsumer Products Regulation 2008 Proposed Amendme nts 64 by publicly-owned treatment works personnel and any other relevant information, to determine if it is likely that publ icly-owned treatment works are experiencing increased levels of perchloroethylene, relative to 1996 levels, that can be attributed to consumer products which contai n perchloroethylene.

(B) If the Executive Officer determines that it i s likely that increased

perchloroethylene levels at the publicly-owned trea tment works are caused by increased levels of perchloroethylene in consumer p roducts subject to this regulation, then the Executive Officer shall, in co njunction with the publicly-owned treatment works and other appropriat e parties, implement measures which are feasible, appropriate, and neces sary for reducing perchloroethylene levels at the publicly-owned trea tment works.

(f) Special Reporting Requirements for Multi-purpose Lu bricant and Penetrant products

(1) On or before March 31, 2012, all responsible part ies for Multi-purpose Lubricant and Penetrant products shall report to the Executiv e Officer the following information for products sold or offered for sale i n California:

(a) data regarding product sales and composition for t he year 2011, including the

information listed in section 94513(a), the entire product label, and any other information that the Executive Officer may specify; and

(b) a written update of the research and development e fforts undertaken to achieve the 25 percent VOC limits specified in section 9450 9(a). The written update

must include detailed information about the raw mat erials evaluated for use, maximum incremental reactivity (MIR) values for any VOC or LVP-VOC used or evaluated, the function of the raw material evaluat ed, hardware used in product reformulation, the testing protocols used, the resu lts of the testing, and the cost

of reformulation efforts.

(2) On or before March 31, 2014, all responsible part ies for Multi-purpose Lubricant products shall report to the Executive Officer the following information for products

sold or offered for sale in California:

(a) data regarding product sales and composition for t he year 2013, including the

information listed in Section 94513(a), the entire product label, and any other information that the Executive Officer may specify; and

(b) a written update of the research and development e fforts undertaken to achieve the 10 percent VOC limit specified in section 94509 (a). The written update

must include detailed information about the raw mat erials evaluated for use, MIR values for any VOC or LVP-VOC used or evaluated , the function of the raw material evaluated, hardware used in product reform ulation, the testing protocols used, the results of the testing, and the cost of reformulation efforts.Consumer Products Regulation 2008 Proposed Amendme nts 65 NOTE: Authority cited: Sections 39600, 39601, 415 11, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41 511, and 41712, Health and Safety

Code.

§ 94514. Variances

.

(a) Applications for variances. Any person who cannot comply with the requirement s set forth in Section 94509, because of extraordinary re asons beyond the person's reasonable control may apply in writing to the Exec utive Officer for a variance. The variance application shall set forth:

(1) the specific grounds upon which the variance i s sought;

(2) the proposed date(s) by which compliance with the provisions of Section 94509 will
be achieved;

(3) a compliance report reasonably detailing the m ethod(s) by which compliance will be
achieved, and

(4) for applicants requesting a variance from the June 1, 1999, 55 percent VOC standard for hairspray products, the variance appli cation shall also include a plan describing how the applicant will mitigate the exce ss VOC emissions that would be emitted during the period of the variance.

(b) Notices and public hearings for variances. Upon receipt of a variance application containing the information required in subsection ( a), the Executive Officer shall hold a public hearing to determine whether, under what con ditions, and to what extent, a variance from the requirements in Section 94509 is necessary and will be permitted. A hearing shall be initiated no later than 75 days af ter receipt of a variance application. Notice of the time and place of the hearing shall b e sent to the applicant by certified mail not less than 30 days prior to the hearing. N otice of the hearing shall also be submitted for publication in the California Regulat ory Notice Register and sent to every person who requests such notice, not less than 30 d ays prior to the hearing. The notice shall state that the parties may, but need n ot be, represented by counsel at the hearing. At least 30 days prior to the hearing, th e variance application shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be

considered.

(c) Treatment of confidential information. Information submitted to the Executive Officer by a variance applicant may be claimed as confident ial, and such information shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. The Executive O fficer may consider such confidential information in reaching a decision on a variance application.Consumer Products Regulation 2008 Proposed Amendme nts 66 (d) Necessary findings for granting variances. No variance shall be granted unless all of the following findings are made:

(1) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with Section 94509 would result in extra ordinary economic hardship.

(2) that the public interest in mitigating the ext raordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased

emissions of air contaminants which would result fr om issuing the variance.

(3) that the compliance report proposed by the app licant can reasonably be implemented, and will achieve compliance as expedit iously as possible.

(e) Variance orders. Any variance order shall specify a final complian ce date by which the requirements of Section 94509 will be achieved. An y variance order shall contain a condition that specifies increments of progress nec essary to assure timely compliance,

and such other conditions that the Executive Office r, in consideration of the testimony received at the hearing, finds necessary to carry o ut the purposes of Division 26 of the Health and Safety Code.

(f) Situations in which variances shall cease to be eff ective. A variance shall cease to be effective upon failure of the party to whom the var iance was granted to comply with any

term or condition of the variance.

(g) Modification and revocation of variances. Upon the application of any person, the Executive Officer may review, and for good cause, m odify or revoke a variance from requirements of Section 94509 after holding a publi c hearing in accordance with the provisions of subsection (b).

(h) Special conditions in variance orders for hairspray products.

In imposing conditions in variance orders granted f rom the June 1, 1999, 55 percent VOC standard for hairspray products, the Executive Officer, in addition to any other conditions that may be imposed, shall require the a pplicant to mitigate the excess VOC emissions that would be emitted during the period o f the variance. If this mitigation requirement would result in an extraordinary econom ic hardship to the applicant, or if other good cause exists, the Executive Officer may waive all or part of this requirement.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712 , Health and Safety Code.Consumer Products Regulation 2008 Proposed Amendme nts 67 § 94515. Test Methods

.

(a)(1) VOC and GWP compound content determination using ARB Method 310 . Testing to determine compliance with the requirements of th is article, shall be performed using Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted Septe mber 25, 1997 and as last amended on May 5, 2005, which is incorporated herein by reference. Alternative methods which are shown to accurately d etermine the concentration of VOCs in a subject product or its emissions may be u sed upon approval of the

Executive Officer.

(2) In sections 3.5, 3.6, and 3.7 of Air Resourc es Board (ARB) Method 310, a process is specified for the “Initial Determination of VOC Content” and the “Final Determination of VOC Content”. This process is an integral part of testing procedure set forth in ARB Method 310, and is repro duced below:

Sections 3.5, 3.6, and 3.7 of Air Resources Board Method 310

3.5 Initial Determination of VOC Content. The Executive Officer will determine

the VOC content pursuant to sections 3.2 and 3.3. Only those components with concentrations equal to or greater than 0.1 pe rcent by weight will be reported.

3.5.1 Using the appropriate formula specified in section 4.0, the Executive

Officer will make an initial determination of wheth er the product meets the applicable VOC standards specified in ARB regulatio ns. If initial results show that the product does not meet the applicable VOC standards, the Executive Officer may perform additional testing to confirm the initial

results.

3.5.2 If the results obtained under section 3.5.1 s how that the product does not meet the applicable VOC standards, the Executive Of ficer will request the product manufacturer or responsible party to supply product formulation data. The manufacturer or responsible party shall supply the requested

information. Information submitted to the ARB Exec utive Officer may be claimed as confidential; such information will be h andled in accordance with the confidentiality procedures specified in Ti tle 17, California Code of Regulations, sections 91000 to 91022.

3.5.3 If the information supplied by the manufac turer or responsible party

shows that the product does not meet the applicable VOC standards, then the Executive Officer will take appropriate enforce ment action.

3.5.4 If the manufacturer or responsible party f ails to provide formulation data

as specified in section 3.5.2, the initial determin ation of VOC content under this section 3.5 shall determine if the produ ct is in compliance withConsumer Products Regulation 2008 Proposed Amendme nts 68 the applicable VOC standards. This determination m ay be used to establish a violation of ARB regulations.

3.6 Determination of the LVP-VOC status of compou nds and mixtures. This

section does not apply to antiperspirant and deodor ants or aerosol coating products because there is no LVP-VOC exemption for these products.

3.6.1 Formulation data. If the vapor pressure i s unknown, the following ASTM

methods may be used to determine the LVP-VOC status of compounds and mixtures: ASTM D 86-01, ASTM D 850-00, ASTM D 1 078-01, ASTM D 2879-97, as modified in Appendix B to this Method 310, ASTM D 2887-

01 and ASTM E 1719-97.

3.6.2 LVP-VOC status of “compounds” or “mixtures .” The Executive Officer will

test a sample of the LVP-VOC used in the product fo rmulation to determine the boiling point for a compound or for a mixture. If the boiling point exceeds 216 o C, the compound or mixture is an LVP-VOC. If the boiling point is less than 216 o C, then the weight percent of the mixture

which boils above 216 o C is an LVP-VOC. The Executive Officer will use the nearest 5 percent distillation cut that is grea ter than 216 o C as determined under 3.6.1 to determine the percentage of the mixture qualifying as an LVP-VOC.

3.6.3 Reference method for identification of LVP -VOC compounds and

mixtures. If a product does not qualify as an LVP- VOC under 3.6.2, the Executive Officer will test a sample of the compoun d or mixture used in a product’ s formulation utilizing one or both of the followin g: ASTM D 2879-97, as modified in Appendix B to this Method 3 10, and ASTM E 1719-97, to determine if the compound or mixture me ets the requirements of Title 17, CCR, section 94508(a)(94) (90) (A).

3.7 Final Determination of VOC Content . If a product’s compliance status is not satisfactorily resolved under sections 3.5 and 3.6, the Executive Officer will conduct further analyses and testing as necessary t o verify the formulation data.

3.7.1 If the accuracy of the supplied formulat ion data is verified and the product

sample is determined to meet the applicable VOC sta ndards, then no

enforcement action for violation of the VOC standar ds will be taken.

3.7.2 If the Executive Officer is unable to ve rify the accuracy of the supplied

formulation data, then the Executive Officer will r equest the product manufacturer or responsible party to supply informa tion to explain the discrepancy.

3.7.3 If there exists a discrepancy that cannot be resolved between the results

of Method 310 and the supplied formulation data, th en the results ofConsumer Products Regulation 2008 Proposed Amendme nts 69 Method 310 shall take precedence over the supplied formulation data.

The results of Method 310 shall then determine if t he product is in compliance with the applicable VOC standards, and m ay be used to establish a violation of ARB regulations.

(b) VOC content determinations using product formul ation and records. Testing to determine compliance with the requirements of this article may also be demonstrated through calculation of the VOC content from records of the amounts of constituents used to make the product pursuant to the following criteria:

(1) Compliance determination s based on these records may not be used unless the manufacturer of a consumer product keeps accurate r ecords for each day of production of the amount and chemical composition o f the individual product constituents. These records must be kept for at le ast three years.

(2) For the purposes of this section 94515(b), the VOC content shall be calculated according to the following equation:

where,

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

B = total weight of all VOCs, as defined in Sectio n 94508(a), per unit

C = total weight of VOCs exempted under Section 94 510, per unit

(3) If product records appear to demonstrate compli ance with the VOC limits, but these records are contradicted by product testing perform ed using ARB Method 310, the results of ARB Method 310 shall ta ke precedence over the product records and may be used to establish a violation of the requirements of this article.

(c) Determination of liquid or solid. Testing to d etermine whether a product is a liquid or solid shall be performed using ASTM D4359-90, which is incorporated by reference

herein.

(d) Compliance determinations for charcoal lighter material products. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the Sou th Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certi fication Protocol (February 28, 1991), which is incorporated by reference herein. VOC Content = B - C x 100

AConsumer Products Regulation 2008 Proposed Amendme nts 70 (e) Testing to determine distillation points of pet roleum distillate-based charcoal lighter materials shall be performed using ASTM D86-01, whi ch is incorporated by reference

herein.

(f) Fragrance content determinations for personal f ragrance 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, “Essential Oil in Flavor Extracts and Toilet Preparations, Babcock Method” (AOAC Official Method s of Analysis, 15th Edition, 1990), which is incorporated by refe rence herein.

(g) No person shall create, alter, falsify, or othe rwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other test, processes, or records used in connection with product manufacture

.

NOTE: Authority cited: Sections 39600, 39601, 396 07, 41511, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39 607, 40000, 41511, and 41712, Health and Safety Code.

94516. Severability

.

Each part of this article shall be deemed severable , and in the event that any part of
this article is held to be invalid, the remainder o f this article shall continue in full force

and effect.

NOTE: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712 , Health and Safety Code.

94517. Federal Enforceability

.

For purposes of federal enforceability of this arti cle, the Environmental Protection Agency is not subject to approval determinations ma de by the Executive Officer under Sections 94511, 94514, and 94515. Within 180 days of a request from a person who has been granted an exemption or variance under Sec tion 94511 or 94514, an exemption or variance meeting the requirements of t he Clean Air Act shall be submitted by the Executive Officer to the Environme ntal Protection Agency for inclusion in the applicable implementation plan app roved or promulgated by the Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 42 U.S.C., Section 7410. Prior to submitting an ex emption granted under Section 94511 as a revision to the applicable implementatio n plan, the Executive Officer shall hold a public hearing on the proposed exemption. N otice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submi tted for publication in the California Regulatory Notice Register and sent to the Environm ental Protection Agency, every person who requests such notice, and to any person or group of persons whom the Executive Officer believes may be interested in the application. Within 30 days of theConsumer Products Regulation 2008 Proposed Amendme nts 71 hearing the Executive Officer shall notify the appl icant of the decision in writing as provided in Section 94511(f). The decision may app rove, disapprove, or modify an exemption previously granted pursuant to Section 94 511.

NOTE: Authority cited: Section 39600, 39601, 39602, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39602, 40000, an d 41712, Health and Safety Code.

### Appendix C

Summary of Consumer Products Regulatory ActionsSummary of Consumer Products Regulatory ActionsDateRegulatory ActionEffectiveDateSiteComments6/16/89 Consumer ProductsControl Plan.N/A N/A First Board action on consumer products. Boardapproved overall plan to fulfill H&SC Section 41712mandate and a goal of achieving a 50 percentreduction in VOC emissions from consumer products.11/8/89 Regulation to ReduceVOC Emissions fromAntiperspirants andDeodorants.2/27/91 Article 2, Sections 94500-94506, Title 17, CCR.First consumer product regulation adopted pursuantto the CCAA. Established VOC content limits foraerosol and non-aerosol antiperspirants anddeodorants.6/15/90 Regulation forReducing VOCEmissions fromConsumer Products inthe Bay Area AQMD.N/A Article 2, Consumer Products,Sections 94520-94527, Title 17,CCR.This regulation was adopted to reduce VOCemissions from consumer products in the Bay AreaAQMD and establishes VOC limits for 6 consumerproducts.10/11/90 Regulation forReducing VOCEmissions fromConsumer Products -Phase I.10/21/91 Article 2, Consumer Products,Sections 94507-94516 and94503.5, Title 17, CCRAmendments to Article 2,Section 94505, Title 17, CCREstablishes VOC limits for 16 consumer products,repeals the Bay Area consumer product regulation,and amends the AP/DO regulation to include aninnovative product provision and a revised varianceprocedure.1/9/92 Adoption ofAmendments to theRegulation forReducing VOCEmissions fromConsumer Products -Phase II.1/6/93 Article 2, Consumer Products,Sections 94507-94517, Title 17,CCR.Establishes standards for 10 additional categoriesofconsumer products and several amendments to theexisting regulation for clarification and improvement.9/22/94 Adoption of theAlternative Control PlanRegulation forConsumer Products.9/9/95 Article 4, Sections 94540-94555, Title 17, CCR.A voluntary market-based regulation whichsupplements the existing consumer productsregulation by providing manufacturers with additionalflexibility for formulating products.11/15/94 Approval of theCalifornia StateImplementation Planfor Ozone.2/14/95 N/A Board approval of Ozone SIP which includesconsumer products element comprised of near,midterm, and long term measures.Summary of Consumer Products Regulatory ActionsDateRegulatory ActionEffectiveDateSiteComments3/23/95 Regulation forReducing VOCEmissions fromAerosol CoatingProducts andAmendments to theAlternative Control(ACP) Plan.1/8/96 Article 3, Sections 94520-94528, Title 17, CCRAmendments to Article 4,Sections 94540 to 94543,94547, 94550, 94551, and94553, Title 17, CCR.Establishes VOC content limits for 35 categories ofaerosol paints. Amendments to ACP to incorporateaerosol coating products.9/28/95 Amendments to theCalifornia Regulationsfor Reducing VOCEmissions fromAntiperspirants andDeodorants, ConsumerProducts, and AerosolCoating Products.2/29/96 Amendments to Article 1,Sections 94500-94504, Title 17,CCR, Article 2, Section94508(a)(90), Title17, CCR,and Article 3, Section94521(a)(62), Title 17, CCR.The amendments to the AP/DO regulation addressfairness concerns, preserves projected emissionreductions required by the SIP, ensures thatmanufacturers will continue their efforts to developzero percent products and provides a vehicle tomonitor progress and to make the VOC definitionmore consistent with EPA's VOC definition. Theconsumer products regulation and the aerosolcoatings regulation is modified to revise the VOCdefinition consistent with EPA's.11/21/96 Amendments to theCalifornia Regulationsfor Reducing VOCEmissions fromConsumer Productsand Aerosol CoatingProducts.11/18/97 Amendments to Article 2;Sections 94508, 94515 94517and Article 3; Section 94521,Title 17, CCR.The amendments to the consumer productsregulation address postponement of the 25 percentstandard for aerosol adhesives, modification to theVOC definition, amendment of various regulatoryprovisions to enhance clarity and compliance, andamendment to the test methods sections. Theproposed amendments also modify the VOCdefinition in the aerosol coatings regulation.3/27/97 AmendmentsPertaining to Hairsprayin the CaliforniaConsumer ProductsRegulation.8/24/98 Amendments to Article 2,Sections 94509, 94513, and94514,Title 17, CCR.Postpones the hairspray 55 percent VOC standardfrom 1/1/98 to 6/1/99, require plans demonstratingprogress toward compliance from manufacturersselling hairspray not meeting the 55 percent VOCstandard from 1/1/98 to 6/1/99, and modifies thevariance provision to include a requirement for VOCemissions mitigation when granting a variancerequest for hairsprays from the 6/1/99 standard.Summary of Consumer Products Regulatory ActionsDate Regulatory Action EffectiveDateSite Comments7/24/97 Amendments to theConsumer ProductsRegulation, Mid-termMeasures I.7/1/98 Amendments to Article 2,Sections 94508, 94509, 94510,94512, 94513, and 94514,Title 17, CCR.All VOC standards with 1/1/2000, effective dates wereextended to 1/1/2001; First tiers of the two-tieredVOC standards and additional reporting requirementsfor four product categories were eliminated; Effectivedates of the VOC standard were changed for fiveproduct categories.11/19/98 Amendments to theAerosol CoatingProducts, theAntiperspirants andDeodorants Regulation,and the ConsumerProducts Regulation.6/24/99 Amendments to Article 3,Section 94521, 94522, and94524, Title 17, CCR; Article 1,Section 94501, Title 17, CCR;and to Article 2, Section94508(a)(124), Title 17, CCR.Relaxation of the second-tier VOC limits of theAerosol Coating Products Regulation. Exemption ofmethyl acetate from the VOC definition in theAntiperspirants and Deodorants Regulation, theConsumer Products Regulation, and the AerosolCoating Products Regulation.10/28/99 Amendments to theConsumer ProductsRegulation, Mid-termMeasures II.11/19/2000 Amendments to Article 2,Section 94508, 94509, and94513.Amends the Consumer Products Regulation byadding product category definitions, VOC limits fortwo new categories, more stringent VOC limits forfifteen existing categories, and adding subcategoriesfor some of the existing product categories withseparate VOC limits for each subcategory. New ormodified VOC limits become effective from12/31/2000, to 12/31/2004. Amendmentsconsolidates and expands the existing reportingrequirements for products containing methylenechloride or perchloroethylene.5/25/2000 Amendments to theConsumer ProductsRegulation relating toAerosol Adhesives.5/18/2001 Amendments to Article 1,Sections 94508, 94509, 94512,and 94513, Title 17, CCR.Amendments eliminate the 25 percent VOC limit andestablish new VOC limits for three new categories ofaerosol adhesives, effective January 1, 2002.Amendments also include labeling and otherrequirements to facilitate compliance andenforcement of the new standards. Effective1/1/2002, amendments also prohibit the use ofmethylene chloride, perchloroethylene, andtrichloroethylene, which are toxic air contaminants, inaerosol adhesives manufactured for use in California.Summary of Consumer Products Regulatory ActionsDate Regulatory Action EffectiveDateSite Comments6/22/2000 Consumer ProductsRelating to AerosolCoating Products,Proposed Tables ofMaximum IncrementalReactivity (MIR)Values, andAmendments toMethod 310.7/18/2001 Amendments to Article 3,Sections 94521, 94522, 94523,94524, and 94526. Added newsections 94700 and 94701, toTitle 17, CCR.Amendments replace the second tier mass-basedVOC limits for 35 product categories with equivalentreactivity-based limits. In addition, a new subchapter,Subchapter 8.6, in title 17, CCR was adopted. NewSubchapter 8.6, in sections 94700 and 94701,contains Tables of MIR Values that are used to setreactivity-based limits and determine compliance.10/26/2000 Amendments to theRegulation to ReduceVOC Emissions fromAntiperspirants andDeodorants.4/24/2001 Amendments to Article 2,Sections 94502 and 94504,Title 17, CCR.Amendments increased the HVOC limit for aerosolantiperspirants to 40 percent from the current zeropercent limit, beginning 1/1/2001. The MVOC limitof10 percent remains unchanged.6/24/2004 Amendments to theConsumer Products,Test Method 310,Antiperspirants andDeodorants, AerosolCoating Products,and an Airborne ToxicControl Measure(ATCM) for ParaDichlorobenzene7/20/2005 Amendments to sections94501, 94506, 94507, 94508,94509, 94510, 94512, 94513,94515, and 94526, title 17,California Code of Regulations(CCR) and adoption ofamendments to ARB Method310, which is incorporated byreference in sections 94506,94515, and 94526, title 17,CCR.Amendments established new VOC limits for 15product categories. Regulatory action also prohibitedthe use of three toxic air contaminants--methylenechloride, perchloroethylene, and trichloroethylene--inseven product categories. TheATCM prohibits theuse of para-dicholorobenzene in toilet/urinal careproducts and solid air fresheners. Amendments alsomodified and updated Method 310 used to determinethe percent by weight of reactive organic compoundsin aerosol coating products and VOCs in consumerproducts and AP/DO products.Summary of Consumer Products Regulatory ActionsDate Regulatory Action EffectiveDateSite Comments11/16/2006 Amendments to theAerosol CoatingProducts Regulationand the ConsumerProducts Regulation12/08/2007 Amendments to sections94508, 94509, 94510, 94513,and 94523 to title 17, CaliforniaCode of Regulations (CCR).Non-substantial or solelygrammatical changes are alsoproposed to sections 94507,94511, 94512, 94514, 94515,94516, and 94517.Consumer Products Regulation amended by addingand modifying product category definitions and byestablishing new VOC limits for 16 productcategories. For some of the categories, separateVOC limits are specified for different product forms.New or modified VOC limits become effective onDecember 31, 2008, remainder become effective onDecember 31, 2010. Regulatory action also prohibitsuse of three toxic air contaminants--methylenechloride, perchloroethylene, and trichloroethylene--inthe following products categories: “Bathroom and TileCleaner,” “Construction, Panel, and Floor CoveringAdhesive,” “General Purpose Cleaner,” and “OvenCleaner.” Amendment was also adopted tosection 94523 (Exemptions) of the Aerosol CoatingsRegulation. Amendment clarifies several productcategories are exempt from regulation under theAerosol Coatings Regulation.

### Appendix D

Summary of Ingredient Reformulation CostsLow CostHigh CostCategory: Chemically Curing Sealant or Caulking CompoundCategory: Chemically Curing Sealant or Caulking CompoundSubcategory:Subcategory:Typical noncomp: 4Average UnitSize13.50 wt oz Typical noncomp: 4Average UnitSize13.50 wt ozProposed Limit: 3Proposed Limit: 3Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Hydrocarbon solvent 0.540 4.00 0.02 3.00 0.02 Hydrocarbonsolvent 0.800 4.00 0.03 3.00 0.02Inorganics 0.090 50.00 0.05 50.00 0.05 Inorganics 0.910 50.00 0.46 50.00 0.46Non-Solvent LVP-VOC* 3.500 46.00 1.61 47.00 1.65 Non-Solvent LVP-VOC* 7.000 46.00 3.22 47.00 3.29*resins*resinsSUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 1.68 1.71Total Cost, $/pound 3.71 3.77% Cost Diff. Relative to Current Product 1.77% Cost Diff. Relative to Current Product 1.67Total Cost, $/Unit 1.41 1.44Total Cost, $/Unit 3.13 3.18Recurring Costs C.E., $/lb VOC Reduced 2.96Recurring Costs C.E., $/lb VOC Reduced 6.20Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =13.50 ounce(2) Average unit size =13.50 ounceComponent (A)Unit Cost$/lb(B)Unit Cost$/lb(B)Typical Non-compliantTypical Non-compliantComponent (A)Low CostHigh CostCategory: Non-Chemically Curing Sealant or CaulkingCompoundCategory: Non-Chemically Curing Sealant or CaulkingCompoundSubcategory:Subcategory:Typical noncomp: 4Average UnitSize13.50 wt oz Typical noncomp: 4Average UnitSize13.50 wt ozProposed Limit: 1.5Proposed Limit: 1.5Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Hydrocarbon solvent 0.540 4.00 0.02 1.50 0.01 Hydrocarbonsolvent 0.800 4.00 0.03 1.50 0.01Ethylene Glycol 0.620 1.00 0.01 1.00 0.01 Ethylene Glycol0.640 1.00 0.01 1.00 0.01Non-Solvent LVP-VOC* 3.500 18.00 0.63 17.50 0.61 Non-Solvent LVP-VOC* 7.000 18.00 1.26 17.50 1.23Inorganics0.090 49.00 0.04 50.00 0.05 Inorganics 0.910 49.00 0.45 50.00 0.46Water 0.002 28.00 0.00 30.00 0.00 Water 0.002 28.00 0.00 30.00 0.00*resins*resinsSUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.70 0.67Total Cost, $/pound 1.74 1.70% Cost Diff. Relative to Current Product -4.28% Cost Diff. Relative to Current Product -2.63Total Cost, $/Unit 0.59 0.57Total Cost, $/Unit 1.47 1.43Recurring Costs C.E., $/lb VOC Reduced -1.20Recurring Costs C.E., $/lb VOC Reduced -1.83Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =13.50 ounce(2) Average unit size =13.50 ounceComponent (A)Unit Cost$/lb(B)Unit Cost$/lb(B)Typical Non-compliantTypical Non-compliantComponent (A)Low CostHigh CostCategory: Motor Vehicle WashCategory: Motor Vehicle WashSubcategory: LiquidSubcategory: LiquidTypical noncomp: 2.5Average UnitSize64.00 wt oz Typical noncomp: 2.5Average UnitSize64.00 wt ozProposed Limit: 0.2Proposed Limit: 0.2Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Water 0.002 85.00 0.00 85.00 0.00 Water 0.002 85.00 0.00 85.00 0.00Non-solvent LVP 3.500 10.00 0.35 10.00 0.35 Non-solvent LVP 7.000 10.00 0.70 10.00 0.70Inorganic 0.090 2.50 0.00 2.00 0.00 Inorganic 0.910 2.50 0.02 2.00 0.022-Butoxyethanol1.150 2.50 0.03 0.00 0.002-Butoxyethanol1.200 2.50 0.03 0.00 0.00LVP-Glycol Ether 1.150 0.00 0.00 3.00 0.03LVP-Glycol Ether1.760 0.00 0.00 3.00 0.05SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.38 0.39Total Cost, $/pound 0.75 0.77% Cost Diff. Relative to Current Product 1.38% Cost Diff. Relative to Current Product 2.42Total Cost, $/Unit 1.53 1.55Total Cost, $/Unit 3.02 3.09Recurring Costs C.E., $/lb VOC Reduced 0.23Recurring Costs C.E., $/lb VOC Reduced 0.79Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =64.00 ounce(2) Average unit size =64.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Windshield Water RepellantCategory: Windshield Water RepellantSubcategory: LiquidSubcategory: LiquidTypical noncomp: 90Average UnitSize16.00 wt oz Typical noncomp: 90Average UnitSize16.00 wt ozProposed Limit: 75Proposed Limit: 75Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Ethanol 0.457 75.00 0.34 65.00 0.30 Ethanol 0.510 75.00 0.3865.00 0.33Isopropyl Alcohol 0.720 15.00 0.11 10.00 0.07 Isopropyl Alcohol 0.940 15.00 0.14 10.00 0.09Inorganic 0.090 10.00 0.01 10.00 0.01 Inorganic 0.910 10.000.09 10.00 0.09Water0.002 0.00 0.00 15.00 0.00Water0.002 0.00 0.00 15.00 0.00SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.46 0.38Total Cost, $/pound 0.61 0.52% Cost Diff. Relative to Current Product -17.71% Cost Diff. Relative to Current Product -15.90Total Cost, $/Unit 0.46 0.38Total Cost, $/Unit 0.61 0.52Recurring Costs C.E., $/lb VOC Reduced -0.54Recurring Costs C.E., $/lb VOC Reduced -0.65Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =16.00 ounce(2) Average unit size =16.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Tire/Wheel CleanerCategory: Tire/Wheel CleanerSubcategory: AerosolSubcategory: AerosolTypical noncomp: 14Average UnitSize12.00 wt oz Typical noncomp: 14Average UnitSize12.00 wt ozProposed Limit: 8Proposed Limit: 8Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Water 0.002 85.00 0.00 85.00 0.00 Water 0.002 85.00 0.00 85.00 0.00HC Propellant 0.700 8.00 0.06 6.00 0.04 HC Propellant 1.050 8.00 0.08 6.00 0.06VOC Glycol Ether1.150 6.00 0.07 2.00 0.02 VOC Glycol Ether 1.200 6.00 0.07 2.00 0.02Inorganic 0.090 1.00 0.00 1.00 0.00 Inorganic 0.910 1.00 0.01 1.00 0.01LVP-Glycol Ether 1.150 0.00 0.00 6.00 0.07 LVP-Glycol Ether 1.760 0.00 0.00 6.00 0.11SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.13 0.14Total Cost, $/pound 0.17 0.20% Cost Diff. Relative to Current Product 7.05% Cost Diff. Relative to Current Product 21.94Total Cost, $/Unit 0.10 0.10Total Cost, $/Unit 0.13 0.15Recurring Costs C.E., $/lb VOC Reduced 0.15Recurring Costs C.E., $/lb VOC Reduced 0.61Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =12.00 ounce(2) Average unit size =12.00 ounceUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Tire/Wheel CleanerCategory: Tire/Wheel CleanerSubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 5Average UnitSize16.00 wt oz Typical noncomp: 26Average UnitSize16.00 wt ozProposed Limit: 2Proposed Limit: 2Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Water 0.002 89.00 0.00 91.00 0.00 Water 0.002 89.00 0.00 91.00 0.00LVP solvent 0.680 5.00 0.03 6.00 0.04 LVP solvent 0.760 5.00 0.04 6.00 0.05VOC Glycol Ether 1.150 5.00 0.06 2.00 0.02 VOC Glycol Ether 1.200 5.00 0.06 2.00 0.02Inorganic 0.090 1.00 0.00 1.00 0.00 Inorganic 0.910 1.00 0.01 1.00 0.01SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.09 0.07Total Cost, $/pound 0.11 0.08% Cost Diff. Relative to Current Product -29.37% Cost Diff. Relative to Current Product -26.05Total Cost, $/Unit 0.09 0.07Total Cost, $/Unit 0.11 0.08Recurring Costs C.E., $/lb VOC Reduced -0.92Recurring Costs C.E., $/lb VOC Reduced -0.12Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =16.00 ounce(2) Average unit size =16.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Carpet/Upholstery CleanerCategory: Carpet/Upholstery CleanerSubcategory: AerosolSubcategory: AerosolTypical noncomp: 7Average UnitSize18.00 wt oz Typical noncomp: 7Average UnitSize18.00 wt ozProposed Limit: 5Proposed Limit: 5Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/1002-Butoxyethanol 1.150 2.00 0.02 1.00 0.01 2-Butoxyethanol1.200 2.00 0.02 1.00 0.01HC Propellant 0.700 5.00 0.04 4.00 0.03 HC Propellant 1.050 5.00 0.05 4.00 0.04Inorganics 0.090 1.00 0.00 1.00 0.00 Inorganics 0.910 1.00 0.01 1.00 0.01Solvent LVP0.680 5.00 0.03 3.00 0.02Solvent LVP0.760 5.00 0.04 3.00 0.02Water 0.002 87.00 0.00 91.00 0.00 Water 0.002 87.00 0.00 91.00 0.00SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.09 0.06Total Cost, $/pound 0.13 0.09% Cost Diff. Relative to Current Product -33.83% Cost Diff. Relative to Current Product -30.01Total Cost, $/Unit 0.11 0.07Total Cost, $/Unit 0.14 0.10Recurring Costs C.E., $/lb VOC Reduced -1.60Recurring Costs C.E., $/lb VOC Reduced -1.88Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =18.00 ounce(2) Average unit size =18.00 ounceUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Carpet/Upholstery CleanerCategory: Carpet/Upholstery CleanerSubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 3Average UnitSize138.00 wt oz Typical noncomp: 26Average UnitSize138.00 wt ozProposed Limit: 1Proposed Limit: 1Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Isopropyl Alcohol 0.720 3.00 0.02 0.00 0.00 Isopropyl Alcohol 0.940 3.00 0.03 0.00 0.00Solvent LVP0.680 6.00 0.04 6.00 0.04 Solvent LVP 0.760 6.00 0.05 6.00 0.05Inorganic 0.090 2.00 0.00 2.00 0.00 Inorganic 0.910 2.00 0.02 2.00 0.02Water 0.002 89.00 0.00 91.00 0.00 Water 0.002 89.00 0.00 91.00 0.002-Butoxyethanol 1.150 0.00 0.00 1.00 0.01 2-Butoxyethanol1.200 0.00 0.00 1.00 0.01SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.07 0.06Total Cost, $/pound 0.09 0.08% Cost Diff. Relative to Current Product -15.25% Cost Diff. Relative to Current Product -17.23Total Cost, $/Unit 0.57 0.48Total Cost, $/Unit 0.81 0.67Recurring Costs C.E., $/lb VOC Reduced -0.50Recurring Costs C.E., $/lb VOC Reduced -0.06Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =138.00 ounce(2) Average unit size =138.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Dusting AidCategory: Dusting AidSubcategory: AerosolSubcategory: AerosolTypical noncomp: 25Average UnitSize17.00 wt oz Typical noncomp: 25Average UnitSize17.00 wt ozProposed Limit: 17Proposed Limit: 17Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100HC Propellant 0.700 15.00 0.11 10.00 0.07 HC Propellant 1.050 15.00 0.16 10.00 0.11HC Solvent 0.540 9.00 0.05 7.00 0.04 HC Solvent 0.800 9.00 0.07 7.00 0.06LVP Solvent 0.680 24.00 0.16 25.00 0.17 LVP Solvent 0.760 24.00 0.18 25.00 0.19Inorganic0.090 1.00 0.00 1.00 0.00Inorganic0.910 1.00 0.01 1.00 0.01Fragrance 5.000 1.00 0.05 0.50 0.03 Fragrance 10.000 1.00 0.10 0.50 0.05Non-solvent LVP 3.500 50 1.75 6.5 0.23 Non-solvent LVP 7.000 50 3.50 6.5 0.46CO2 0.2700 0.00 CO2 0.2700 0.00Water 0.00250 0.00 Water 0.00250 0.00SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 2.12 0.53Total Cost, $/pound 4.02 0.87% Cost Diff. Relative to Current Product -74.87% Cost Diff. Relative to Current Product -78.46Total Cost, $/Unit 2.25 0.57Total Cost, $/Unit 4.27 0.92Recurring Costs C.E., $/lb VOC Reduced -19.82Recurring Costs C.E., $/lb VOC Reduced -39.44Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =17.00 ounce(2) Average unit size =17.00 ounceTypical Non-compliantComponent (A)Component (A)Unit Cost$/lb(B)Unit Cost$/lb(B)Typical Non-compliantLow CostHigh CostCategory: Dusting AidCategory: Dusting AidSubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 7Average UnitSize33.00 wt oz Typical noncomp: 26Average UnitSize33.00 wt ozProposed Limit: 3Proposed Limit: 3Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100HC Solvent 0.540 6.80 0.04 2.80 0.02 HC Solvent 0.800 6.80 0.05 2.80 0.02Non-solvent LVP 3.500 35.00 1.23 34.00 1.19 Non-solvent LVP 7.000 35.00 2.45 34.00 2.38Fragrance 5.000 0.20 0.01 0.20 0.01 Fragrance 10.000 0.20 0.02 0.20 0.02Exempt 3.500 0.00 0.00 0.00 0.00 Exempt 7.000 0.00 0.00 0.00 0.00VMS 3.500 0.00 0.00 0.00 0.00 VMS 7.000 0.00 0.00 0.00 0.00Water 0.002 58.00 0.00 55.00 0.00 Water 0.002 58.00 0.00 55.00 0.00Hydrocarbon LVP 0.680 0 0.00 8 0.05 Hydrocarbon LVP 0.760 00.00 8 0.06SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 1.27 1.27Total Cost, $/pound 2.53 2.48% Cost Diff. Relative to Current Product -0.18% Cost Diff. Relative to Current Product -1.63Total Cost, $/Unit 2.63 2.62Total Cost, $/Unit 5.21 5.12Recurring Costs C.E., $/lb VOC Reduced -0.06Recurring Costs C.E., $/lb VOC Reduced -0.18Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =33.00 ounce(2) Average unit size =33.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryTypical Non-compliantComponent (A)Component (A)Unit Cost$/lb(B)Unit Cost$/lb(B)Typical Non-compliantLow CostHigh CostCategory: Fabric ProtectantCategory: Fabric ProtectantSubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 5Average UnitSize138.00 wt oz Typical noncomp: 5Average UnitSize138.00 wt ozProposed Limit: 1Proposed Limit: 1Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Dipropylene Glycol Methyl Ether1.340 5.00 0.07 1.00 0.01Dipropylene Glycol Methyl Ether1.760 5.00 0.09 1.00 0.02Non-solvent LVP 3.500 5.00 0.18 2.00 0.07 Non-solvent LVP7.000 5.00 0.35 2.00 0.14Water 0.002 90.00 0.00 97.00 0.00 Water 0.002 90.00 0.00 97.00 0.00SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.24 0.09Total Cost, $/pound 0.44 0.16% Cost Diff. Relative to Current Product -65.00% Cost Diff. Relative to Current Product -63.72Total Cost, $/Unit 2.10 0.74Total Cost, $/Unit 3.79 1.38Recurring Costs C.E., $/lb VOC Reduced -3.96Recurring Costs C.E., $/lb VOC Reduced -7.01Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =138.00 ounce(2) Average unit size =138.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Fabric Softener-Dryer ProductCategory: Fabric Softener-Dryer ProductSubcategory: Non-aerosolSubcategory: Non-aerosolTypical noncomp: 3.5Average UnitSize2.00 wt oz* Typical noncomp: 3.5Average UnitSize2.00 wt oz*Proposed Limit: 2.50.05 oz/sheet Proposed Limit: 2.50.05 oz/sheet(including fragrance)40 sheets40 sheetsFormulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Fragrance5.000 3.50 0.18 2.50 0.13Fragrance10.000 3.50 0.35 2.50 0.25Inorganics0.09 2.00 0.00 2.00 0.00Inorganics0.91 2.00 0.02 2.00 0.02Water0.002 1.50 0.00 1.50 0.00Water0.002 1.50 0.00 1.50 0.00Exempts and non-solventLVPs3.500 93.00 3.26 94.00 3.29Exempts and non-solventLVPs7 93.00 6.51 94.00 6.58SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 3.43 3.42Total Cost, $/pound 6.88 6.85% Cost Diff. Relative to Current Product -0.44% Cost Diff. Relative to Current Product -0.44Total Cost, $/Unit 0.43 0.43Total Cost, $/Unit 0.86 0.86Recurring Costs C.E., $/lb VOC Reduced -1.50Recurring Costs C.E., $/lb VOC Reduced -3.00Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =2.00 ounce(2) Average unit size =2.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in category*40 sheets with 0.05 ounces per sheetUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Floor maintenanceCategory: Floor maintenanceSubcategory: LiquidSubcategory: LiquidTypical noncomp: 7Average UnitSize132.00 wt oz Typical noncomp: 7Average UnitSize132.00 fl ozProposed Limit: 1Proposed Limit: 1Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Water 0.002 65.00 0.00 69.00 0.00 Water 0.002 65.00 0.00 69.00 0.00Dipropylene Glycol Methyl Ether1.340 7.00 0.09 1.00 0.01Dipropylene Glycol Methyl Ether1.760 7.00 0.12 1.00 0.02Diethylene Glycol Monoethyl Ether1.230 5.00 0.06 7.00 0.09Diethylene Glycol Monoethyl Ether1.300 5.00 0.07 7.00 0.09Non-solvent LVP3.500 23.00 0.81 23.00 0.81Non-solvent LVP7.000 23.00 1.61 23.00 1.61SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.96 0.91Total Cost, $/pound 1.80 1.72% Cost Diff. Relative to Current Product -5.79% Cost Diff. Relative to Current Product -4.42Total Cost, $/Unit 7.93 7.47Total Cost, $/Unit 14.85 14.19Recurring Costs C.E., $/lb VOC Reduced -0.93Recurring Costs C.E., $/lb VOC Reduced -1.33Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =132.00 ounce(2) Average unit size =132.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Wood Floor WaxCategory: Wood Floor WaxSubcategory: WaxesSubcategory: WaxesTypical noncomp: 75Average UnitSize16.00 wt oz Typical noncomp: 75Average UnitSize16.00 wt ozProposed Limit: 70Proposed Limit: 70Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Mineral Spirits 0.540 75.00 0.41 70.00 0.38 Mineral Spirits 0.800 75.00 0.60 70.00 0.56Non-solvent LVP 3.500 25.00 0.88 30.00 1.05 Non-solvent LVP 7.000 25.00 1.75 30.00 2.10SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 1.28 1.43Total Cost, $/pound 2.35 2.66% Cost Diff. Relative to Current Product 11.56% Cost Diff. Relative to Current Product 13.19Total Cost, $/Unit 1.28 1.43Total Cost, $/Unit 2.35 2.66Recurring Costs C.E., $/lb VOC Reduced 2.96Recurring Costs C.E., $/lb VOC Reduced 6.20Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =16.00 ounce(2) Average unit size =16.00 ounceUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Wood Floor WaxCategory: Wood Floor WaxSubcategory: LiquidsSubcategory: LiquidsTypical noncomp: 90Average UnitSize19.00 wt oz Typical noncomp: 90Average UnitSize19.00 wt ozProposed Limit: 70Proposed Limit: 70Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Mineral Spirits 0.540 90.00 0.49 0.00 0.00 Mineral Spirits 0.800 90.00 0.72 0.00 0.00Water 0.002 0.00 0.00 60.00 0.00 Water 0.002 0.00 0.00 60.00 0.00Diethylene Glycol monoethyl ether1.230 0.00 0.00 10.00 0.12Diethylene Glycol monoethyl ether1.300 0.00 0.00 10.00 0.13Non-solvent LVP 3.500 10.00 0.35 30.00 1.05 Non-solvent LVP 7.000 10.00 0.70 30.00 2.10SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.84 1.17Total Cost, $/pound 1.42 2.23% Cost Diff. Relative to Current Product 40.45% Cost Diff. Relative to Current Product 57.13Total Cost, $/Unit 0.99 1.39Total Cost, $/Unit 1.69 2.65Recurring Costs C.E., $/lb VOC Reduced 1.69Recurring Costs C.E., $/lb VOC Reduced 4.06Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =19.00 ounce(2) Average unit size =19.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Glass CleanerCategory: Glass CleanerSubcategory: AerosolSubcategory: AerosolTypical noncomp: 12Average UnitSize16.00 wt oz Typical noncomp: 12Average UnitSize16.00 wt ozProposed Limit: 10Proposed Limit: 10Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Water 0.002 87.70 0.00 89.70 0.00 Water 0.002 87.70 0.00 89.70 0.002-Butoxyethanol 1.150 3.50 0.04 3.00 0.03 2-Butoxyethanol1.200 3.50 0.04 3.00 0.04Isopropyl Alcohol 0.720 3.50 0.03 3.00 0.02 Isopropyl Alcohol 0.940 3.50 0.03 3.00 0.03Non-solvent LVP 3.500 0.10 0.00 0.10 0.00Non-solvent LVP7.000 0.10 0.01 0.10 0.01Inorganic 0.090 0.10 0.00 0.10 0.00 Inorganic 0.910 0.10 0.00 0.10 0.00Fragrance 5.000 0.10 0.01 0.10 0.01 Fragrance 10.000 0.10 0.01 0.10 0.01HC Propellant 0.700 5.00 0.04 4.00 0.03 HC Propellant 1.050 5.00 0.05 4.00 0.04SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.11 0.09Total Cost, $/pound 0.15 0.13% Cost Diff. Relative to Current Product -14.72% Cost Diff. Relative to Current Product -14.39Total Cost, $/Unit 0.11 0.09Total Cost, $/Unit 0.15 0.13Recurring Costs C.E., $/lb VOC Reduced -0.82Recurring Costs C.E., $/lb VOC Reduced -1.06Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =16.00 ounce(2) Average unit size =16.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Multi-purpose Lubricant - TIER ICategory: Multi-purpose Lubricant - TIER ISubcategory: AerosolSubcategory: AerosolTypical noncomp: 50Average UnitSize8.00 wt oz Typical noncomp: 50Average UnitSize8.00 wt ozProposed Limit: 25Proposed Limit: 25Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100HC Propellant 0.700 28.00 0.20 22.00 0.15 HC Propellant 1.050 28.00 0.29 22.00 0.23Petroleum base oil 0.404 28.00 0.11 35.00 0.14 Petroleumbase oil 0.632 28.00 0.18 35.00 0.22LVP solvent 0.680 19.00 0.13 35.00 0.24 LVP solvent 0.760 19.00 0.14 35.00 0.27Mineral Spirits0.540 22.00 0.12 3.00 0.02Mineral Spirits0.800 22.00 0.18 3.00 0.02Corrosion inhibitor 0.500 3.00 0.02 5.00 0.03 Corrosion inhibitor 2.000 3.00 0.06 5.00 0.10SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.57 0.57Total Cost, $/pound 0.85 0.84% Cost Diff. Relative to Current Product 0.43% Cost Diff. Relative to Current Product -1.08Total Cost, $/Unit 0.29 0.29Total Cost, $/Unit 0.43 0.42Recurring Costs C.E., $/lb VOC Reduced 0.01Recurring Costs C.E., $/lb VOC Reduced -0.04Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =8.00 ounce(2) Average unit size =8.00 ounceUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Multi-purpose Lubricant - TIER ICategory: Multi-purpose Lubricant - TIER ISubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 50Average UnitSize110.00 wt oz Typical noncomp: 50Average UnitSize110.00 wt ozProposed Limit: 25Proposed Limit: 25Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Petroleum base oil 0.404 30.00 0.12 40.00 0.16 Petroleumbase oil 0.632 30.00 0.19 40.00 0.25LVP solvent 0.680 20.00 0.14 35.00 0.24 LVP solvent 0.760 20.00 0.15 35.00 0.27Mineral Spirits 0.540 50.00 0.27 25.00 0.14 Mineral Spirits 0.800 50.00 0.40 25.00 0.20SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.53 0.53Total Cost, $/pound 0.74 0.72% Cost Diff. Relative to Current Product 1.40% Cost Diff. Relative to Current Product -3.07Total Cost, $/Unit 3.62 3.68Total Cost, $/Unit 5.10 4.94Recurring Costs C.E., $/lb VOC Reduced 0.03Recurring Costs C.E., $/lb VOC Reduced -0.09Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =110.00 ounce(2) Average unit size =110.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Multi-purpose Lubricant - TIER IICategory: Multi-purpose Lubricant - TIER IISubcategory: AerosolSubcategory: AerosolTypical noncomp: 25Average UnitSize8.00 wt oz Typical noncomp: 25Average UnitSize8.00 wt ozProposed Limit: 10Proposed Limit: 10Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100HC Propellant 0.700 22.00 0.15 0.00 0.00 HC Propellant 1.050 22.00 0.23 0.00 0.00Petroleum base oil 0.404 35.00 0.14 47.00 0.19 Petroleumbase oil 0.632 35.00 0.22 47.00 0.30LVP solvent 0.680 35.00 0.24 37.50 0.26 LVP solvent 0.760 35.00 0.27 37.50 0.29Mineral Spirits0.540 3.00 0.02 10.00 0.05Mineral Spirits0.800 3.00 0.02 10.00 0.08Corrosion inhibitor 0.500 5.00 0.03 3.00 0.02 Corrosion inhibitor 2.000 5.00 0.10 3.00 0.06CO2 Propellant 0.270 0 2.5 0.01 CO2 Propellant 0.270 0 2.5 0.01SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.57 0.52Total Cost, $/pound 0.84 0.73% Cost Diff. Relative to Current Product -9.39% Cost Diff. Relative to Current Product -13.47Total Cost, $/Unit 0.29 0.26Total Cost, $/Unit 0.42 0.36Recurring Costs C.E., $/lb VOC Reduced -0.36Recurring Costs C.E., $/lb VOC Reduced -0.76Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =8.00 ounce(2) Average unit size =8.00 ounceTypical Non-compliantComponent (A)Component (A)Unit Cost$/lb(B)Unit Cost$/lb(B)Typical Non-compliantLow CostHigh CostCategory: Multi-purpose Lubricant - TIER IICategory: Multi-purpose Lubricant - TIER IISubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 25Average UnitSize110.00 wt oz Typical noncomp: 25Average UnitSize110.00 wt ozProposed Limit: 10Proposed Limit: 10Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Petroleum base oil 0.404 40.00 0.16 45.00 0.18 Petroleumbase oil 0.632 40.00 0.25 45.00 0.28LVP solvent 0.680 35.00 0.24 45.00 0.31 LVP solvent 0.760 35.00 0.27 45.00 0.34Mineral Spirits 0.540 25.00 0.14 10.00 0.05 Mineral Spirits 0.800 25.00 0.20 10.00 0.08SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.53 0.54Total Cost, $/pound 0.72 0.71% Cost Diff. Relative to Current Product 1.35% Cost Diff. Relative to Current Product -1.73Total Cost, $/Unit 3.68 3.72Total Cost, $/Unit 4.94 4.86Recurring Costs C.E., $/lb VOC Reduced 0.05Recurring Costs C.E., $/lb VOC Reduced -0.08Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =110.00 ounce(2) Average unit size =110.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryTypical Non-compliantComponent (A)Component (A)Unit Cost$/lb(B)Unit Cost$/lb(B)Typical Non-compliantLow CostHigh CostCategory: Odor Eliminator/RemoverCategory: Odor Eliminator/RemoverSubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 9Average UnitSize130.00 wt oz Typical noncomp: 9Average UnitSize130.00 wt ozProposed Limit: 6Proposed Limit: 6Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Water 0.002 83.50 0.00 86.50 0.00 Water 0.002 83.50 0.00 86.50 0.00Isopropyl Alcohol 0.720 5.00 0.04 3.00 0.02 Isopropyl Alcohol 0.940 5.00 0.05 3.00 0.03VOC Glycol Ether 1.150 3.00 0.03 3.00 0.03 VOC Glycol Ether 1.200 3.00 0.04 3.00 0.04Solvent LVP0.680 5.00 0.03 5.00 0.03Solvent LVP0.760 5.00 0.04 5.00 0.04Fragrance 5.000 3.00 0.15 2.00 0.10 Fragrance 10.000 3.00 0.30 2.00 0.20Inorganics 0.09 0.5 0.00 0.5 0.00 Inorganics 0.91 0.5 0.00 0.5 0.00SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.26 0.19Total Cost, $/pound 0.43 0.31% Cost Diff. Relative to Current Product -25.07% Cost Diff. Relative to Current Product -27.79Total Cost, $/Unit 2.09 1.56Total Cost, $/Unit 3.47 2.51Recurring Costs C.E., $/lb VOC Reduced -2.14Recurring Costs C.E., $/lb VOC Reduced -3.96Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =130.00 ounce(2) Average unit size =130.00 ounceComponent (A)Unit Cost$/lb(B)Unit Cost$/lb(B)Typical Non-compliantTypical Non-compliantComponent (A)Low CostHigh CostCategory: PenetrantCategory: PenetrantSubcategory: AerosolSubcategory: AerosolTypical noncomp: 50Average UnitSize12.00 wt oz Typical noncomp: 50Average UnitSize12.00 wt ozProposed Limit: 25Proposed Limit: 25Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100HC propellant 0.700 20.00 0.14 0.00 0.00 HC propellant 1.050 20.00 0.21 0.00 0.00Petroleum base oil 0.404 13.00 0.05 29.00 0.12 Petroleumbase oil 0.632 13.00 0.08 29.00 0.18LVP Solvent 0.680 32.00 0.22 41.00 0.28 LVP Solvent 0.760 32.00 0.24 41.00 0.31Hydrocarbon solvent0.540 30.00 0.16 25.00 0.14Hydrocarbon solvent0.800 30.00 0.24 25.00 0.20Corrosion inhibitor 0.500 5.00 0.03 2.00 0.01 Corrosion inhibitor 2.000 5.00 0.10 2.00 0.04CO2 Propellant 0.270 0 0.00 3 0.01 CO2 Propellant 0.270 0 0.00 3 0.01SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.60 0.55Total Cost, $/pound 0.88 0.74% Cost Diff. Relative to Current Product -8.05% Cost Diff. Relative to Current Product -15.12Total Cost, $/Unit 0.45 0.41Total Cost, $/Unit 0.66 0.56Recurring Costs C.E., $/lb VOC Reduced -0.19Recurring Costs C.E., $/lb VOC Reduced -0.53Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =12.00 ounce(2) Average unit size =12.00 ounceUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: PenetrantCategory: PenetrantSubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 50Average UnitSize110.00 wt oz Typical noncomp: 26Average UnitSize110.00 wt ozProposed Limit: 25Proposed Limit: 25Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Petroleum base oil 0.404 12.00 0.05 25.00 0.10 Petroleumbase oil 0.632 12.00 0.08 25.00 0.16LVP solvent 0.680 38.00 0.26 50.00 0.34 LVP solvent 0.760 38.00 0.29 50.00 0.38HC solvent 0.540 50.00 0.27 25.00 0.14 HC solvent 0.800 50.00 0.40 25.00 0.20SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.58 0.58Total Cost, $/pound 0.76 0.74% Cost Diff. Relative to Current Product -0.15% Cost Diff. Relative to Current Product -3.48Total Cost, $/Unit 3.97 3.96Total Cost, $/Unit 5.26 5.07Recurring Costs C.E., $/lb VOC Reduced 0.00Recurring Costs C.E., $/lb VOC Reduced -2.66Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =110.00 ounce(2) Average unit size =110.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Pressurized Gas DusterCategory: Pressurized Gas DusterSubcategory: aerosolSubcategory: aerosolTypical noncomp: 1Average UnitSize10.00 wt oz Typical noncomp: 1Average UnitSize10.00 wt ozProposed Limit: 1Proposed Limit: 1Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100HFC-134a 2.000 100.00 2.00 0.00 0.00 HFC-134a 3.500 100.00 3.50 0.00 0.00HFC-152a 1.770 0.00 0.00 99.00 1.75 HFC-152a 1.770 0.00 0.0099.00 1.75Bittering Agent 3.500 0.00 0.00 1.00 0.04 Bittering Agent7.000 0.00 0.00 1.00 0.07SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 2.00 1.79Total Cost, $/pound 3.50 1.82% Cost Diff. Relative to Current Product -10.64% Cost Diff. Relative to Current Product -47.93Total Cost, $/Unit 1.25 1.12Total Cost, $/Unit 2.19 1.14Recurring Costs C.E., $/metric ton CO2e Reduced0.00Recurring Costs C.E., $/metric ton CO2e Reduced -2.66Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =10.00 ounce(2) Average unit size =10.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Spot RemoverCategory: Spot RemoverSubcategory: AerosolSubcategory: AerosolTypical noncomp: 25Average UnitSize18.00 wt oz Typical noncomp: 25Average UnitSize18.00 wt ozProposed Limit: 15Proposed Limit: 15Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100HC Propellant 0.700 10.00 0.07 5.00 0.04 HC Propellant 1.050 10.00 0.11 5.00 0.052-Butoxyethanol 1.150 10.00 0.12 5.00 0.06 2-Butoxyethanol 1.200 10.00 0.12 5.00 0.06Isopropyl Alcohol 0.720 5.00 0.04 5.00 0.04 Isopropyl Alcohol 0.940 5.00 0.05 5.00 0.05LVP Glycol Ether1.150 5.00 0.06 5.00 0.06LVP Glycol Ether1.760 5.00 0.09 5.00 0.09Solvent LVP 0.680 1.00 0.01 3.00 0.02 Solvent LVP 0.760 1.00 0.01 3.00 0.02Inorganics 0.090 2 0.00 2 0.00 Inorganics 0.910 2 0.02 2 0.02Water 0.002 67 0.00 75 0.00 Water 0.002 67 0.00 75 0.00SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.29 0.21Total Cost, $/pound 0.39 0.29% Cost Diff. Relative to Current Product -27.30% Cost Diff. Relative to Current Product -25.09Total Cost, $/Unit 0.32 0.24Total Cost, $/Unit 0.44 0.33Recurring Costs C.E., $/lb VOC Reduced -0.79Recurring Costs C.E., $/lb VOC Reduced -0.97Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =18.00 ounce(2) Average unit size =18.00 ounceUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Spot RemoverCategory: Spot RemoverSubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 8Average UnitSize138.00 wt oz Typical noncomp: 26Average UnitSize138.00 wt ozProposed Limit: 3Proposed Limit: 3Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/1002-Butoxyethanol 1.150 4.00 0.05 3.00 0.03 2-Butoxyethanol1.200 4.00 0.05 3.00 0.04Isopropyl Alcohol 0.720 4.00 0.03 0.00 0.00 Isopropyl Alcohol 0.940 4.00 0.04 0.00 0.00Solvent LVP 0.680 1.00 0.01 5.00 0.03 Solvent LVP 0.760 1.00 0.01 5.00 0.04Inorganics 0.090 5.00 0.00 3.00 0.00 Inorganics 0.910 5.00 0.05 3.00 0.03Water 0.002 86.00 0.00 89.00 0.00 Water 0.002 86.00 0.00 89.00 0.00SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.09 0.07Total Cost, $/pound 0.14 0.10% Cost Diff. Relative to Current Product -16.90% Cost Diff. Relative to Current Product -26.59Total Cost, $/Unit 0.76 0.63Total Cost, $/Unit 1.21 0.89Recurring Costs C.E., $/lb VOC Reduced -0.30Recurring Costs C.E., $/lb VOC Reduced -0.16Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =138.00 ounce(2) Average unit size =138.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Astringents & TonerCategory: Astringents & TonerSubcategory: liquidSubcategory: liquidTypical noncomp: 48.5Average UnitSize8.00 wt oz Typical noncomp: 48.5Average UnitSize8.00 wt ozProposed Limit: 35Proposed Limit: 35Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Ethanol 0.457 48.50 0.22 33.00 0.15 Ethanol 0.510 48.50 0.2533.00 0.17Solvent LVP 0.680 1.00 0.01 1.00 0.01 Solvent LVP 0.760 1.00 0.01 1.00 0.01Water 0.002 49.00 0.00 57.00 0.00 Water 0.002 49.00 0.00 57.00 0.00Fragrance5.000 0.50 0.03 0.50 0.03Fragrance10.000 0.50 0.05 0.50 0.05LVP Glycols 0.620 1.00 0.00 8.50 0.05 LVP Glycols 0.960 1.00 0.01 8.50 0.08SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.25 0.24Total Cost, $/pound 0.32 0.31% Cost Diff. Relative to Current Product -7.06% Cost Diff. Relative to Current Product -2.18Total Cost, $/Unit 0.13 0.12Total Cost, $/Unit 0.16 0.15Recurring Costs C.E., $/lb VOC Reduced -0.13Recurring Costs C.E., $/lb VOC Reduced -0.05Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =8.00 ounce(2) Average unit size =8.00 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Personal FragranceCategory: Personal FragranceSubcategory: AerosolSubcategory: AerosolTypical noncomp: 80Average UnitSize3.50 wt oz Typical noncomp: 80Average UnitSize3.50 wt ozProposed Limit: 75Proposed Limit: 75Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Non-solvent LVP 3.500 7.00 0.25 9.00 0.32 Non-solvent LVP7.000 7.00 0.49 9.00 0.63Alcohol 0.457 50.00 0.23 50.00 0.23 Alcohol 0.940 50.00 0.4750.00 0.47HC Propellant 0.700 30.00 0.21 25.00 0.18 HC Propellant 1.050 30.00 0.32 25.00 0.26Fragrance5.000 5.00 0.25 4.00 0.20Fragrance10.000 5.00 0.50 4.00 0.40Inorganics 0.090 2.00 0.00 2.00 0.00 Inorganics 0.910 2.00 0.02 2.00 0.02Water 0.002 6 0.00 10 0.00 Water 0.002 6 0.00 10 0.00SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 0.94 0.92Total Cost, $/pound 1.79 1.78% Cost Diff. Relative to Current Product -1.60% Cost Diff. Relative to Current Product -0.69Total Cost, $/Unit 0.20 0.20Total Cost, $/Unit 0.39 0.39Recurring Costs C.E., $/lb VOC Reduced -0.30Recurring Costs C.E., $/lb VOC Reduced -0.25Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =3.50 ounce(2) Average unit size =3.50 ounceUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)Low CostHigh CostCategory: Personal FragranceCategory: Personal FragranceSubcategory: non-aerosolSubcategory: non-aerosolTypical noncomp: 80Average UnitSize3.50 wt oz Typical noncomp: 80Average UnitSize3.50 wt ozProposed Limit: 75Proposed Limit: 75Formulation and Cost ComparisonFormulation and Cost Comparison% VOC Compliant% VOC Compliantwt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100wt% (C)Cost(B)x(C)/100wt% (D)Cost(B)x(D)/100Non-solvent LVP 3.500 0.50 0.02 0.50 0.02 Non-solvent LVP7.000 0.50 0.04 0.50 0.04Alcohol 0.457 80.00 0.37 75.00 0.34 Alcohol 0.940 80.00 0.7575.00 0.71Fragrance5.000 15.00 0.75 15.00 0.75 Fragrance 10.000 15.00 1.50 15.00 1.50Inorganics 0.090 0.50 0.00 0.50 0.00 Inorganics 0.910 0.50 0.00 0.50 0.00Water 0.002 4.00 0.00 9.00 0.00 Water 0.002 4.00 0.00 9.00 0.00SUM 100.00 100.00SUM 100.00 100.00Total Cost, $/pound 1.13 1.11Total Cost, $/pound 2.29 2.24% Cost Diff. Relative to Current Product -2.01% Cost Diff. Relative to Current Product -2.05Total Cost, $/Unit 0.25 0.24Total Cost, $/Unit 0.50 0.49Recurring Costs C.E., $/lb VOC Reduced -0.46Recurring Costs C.E., $/lb VOC Reduced -0.94Assume: (1) Cost of "All Others" remains at $ 3.50 perpound Assume: (1) Cost of "All Others" remains at $ 7.00 per pound(2) Average unit size =3.50 ounce(2) Average unit size =3.50 ounce(3) Cost of "inorganics" is the range of the most common inorganics in category(3) Cost of "inorganics" is the range of the most common inorganics in categoryUnit Cost$/lb(B)Typical Non-compliantComponent (A)Unit Cost$/lb(B)Typical Non-compliantComponent (A)

### Appendix E

Acronyms Used in This ReportAcronyms Used in This Report Appendix E -1 

### Acronyms Used in This Report

2003 Survey 2003 Consumer & Commercial Products Sur vey

AB Assembly Bill

ACP Alternative Control Plan

Act California Clean Air Act

APA Administrative Procedures Act

ARB Air Resources Board

Board Air Resources Board

Cal/EPA California Environmental Protection Agency

CCAA California Clean Air Act CCR California Code of Regulations

CE Cost-effectiveness CEQA The California Environmental Quality Act

CFC Chlorofluorocarbon CFR Code of Federal Regulations

CO 2 Carbon Dioxide

CO 2 e Carbon Dioxide equivalents

CPRWG Consumer Products Regulation Workgroup CRF Capitol Recovery Factor

et seq. et sequens; following

FAR Fourth Assessment Report
FMA Fragrance Materials Association

GHG Greenhouse Gas GWP Global Warming Potential

HAP Hazardous Air Pollutant HCFC Hydrochlorofluorocarbon HFC Hydrofluorocarbon
HFE Hydrofluoroether

IPCC Intergovernmental Panel on Climate Change

IPP Innovative Product Provision

kg KilogramAcronyms Used in This Report Appendix E -2 LVP-VOC Low Vapor Pressure Volatile Organic Compoun d

MeCl Methylene Chloride
MIR Maximum Incremental Reactivity

MMT CO 2 e Million metric tons of Carbon Dioxide equivalents

MT CO 2 e Metric tons of Carbon Dioxide equivalents

N 2 O Nitrous Oxide

NAAQS National Ambient Air Quality Standards NAICS North American Industry Classification System

op. cit. opere citato; from the cited work

Perc Perchloroethylene

PFC Perfluorocarbon
PIA Prison Industry Authority

PM Particulate Matter

PM 2.5 Particulate Matter 2.5 micrometers in diameter

ppm Parts Per Million

REL Recommended Exposure Limit ROE Return On Owner's Equity
RTU Ready To Use

SAR Second Assessment Report SCAQMD South Coast Air Quality Management District SIP State Implementation Plan SJVAPCD San Joaquin Valley Air Pollution Control Di strict Strategy State Strategy for California's 2007 State

Implementation Plan SUV Sport Utility Vehicle

TAC Toxic Air Contaminant TCE Trichloroethylene

URF Unit Risk Factor U.S. EPA United States Environmental Protection Age ncy

UV Ultraviolet

VOC Volatile Organic Compound