1 

### Attachment B to the Resolution 12

- 32

Staff’s Suggested Modifications to the Original Proposal

(Distributed at the October 18, 2012 Board hearing)

Note: The amendments proposed with the 45

- day notice are shown in single underline

to indicate additions and single s trikeout to indicate deletions from the existing

regulatory text, while new amendments proposed with these staff suggested

modifications are shown in double underline to indi cate additions and double strikeout to

indicate deletions from the existing regulatory text

. Portions of the regulation that are

nonsubstantively changed with renumbering are indicated by [Nonsubstantive changes

to indicate renumbering]. The symbol “*****” means that intervening text not proposed

for amendment is not shown.]



## Proposed Amendments to the

Regulation for Reducing Emissions from Consumer Product s

Subchapter 8.5 Consumer Products

Amend titl e 17, California Code of Regulation, sections 94508 and 94509 to read

as follows:

Article 2. Consumer Products

§ 94508. Definitions.

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



### *****

(20) “Automotive Windshield Washer Fluid (Dilutable) ” means any liquid dilutable or

premixed product that is designed or labeled for use in a motor vehicle

windshield washer fluid system either as an anti

- freeze or for the purpose of

cleaning, washing, bug removal, or wetting the windshield (s). “Automotive

Windshield Washer Fluid” does not include any fluid which is placed in a new

motor vehicle at the time the vehicle is manufactured. which meets the following

criteria:

(A) the product is sold either in a container with a capacity of 10 gallons or more,

or a container with a capacity of one quart or less; and

(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 purpose of cleaning,

w ashing, bug removal, or wetting the windshield(s).2

“Automotive Windshield Washer Fluid (Dilutable)” does not include any fluid

which is placed in a new motor vehicle at the time the vehicle is manufactured.

For the purpose of complying with the requireme nts for “Automotive Windshield

Washer Fluid,” the following definitions (A

- D) apply:

( A ) “Dilutable” means any product sold either in a container with a capacity of 10

gallons or more, or a container with a capacity of one quart or less.

( B ) “ Nont ype “ A ” area” means a ll other area s of California that are not a “Type A

area .”

(C) “Premixed” means any product sold in a container with a capacity that is

greater than one quart, but less than 10 gallons.

( D ) “Type “ A ” area” means:

(1) Before [Effe ctive Date INSERT SECRETARY OF STATE FILING DATE ]

the following regions of California: Del Norte, Shasta, and Trinity Counties;

the Great Basin Valley, Lake Tahoe, Mountain Counties and Northeast

Plateau Air Basins, as defined in title 17, California Code of Regulations,

sections 60105, 6010 8, 60111, and 60113.

(2) On and after [Effective Date INSERT SECRETARY OF STATE FILING

DATE ] the counties listed in Table 94508(a)(20)(A)

, and areas defined by

ZIP codes listed in Table 94508(a)(20) (B) below :

(21) “A utomotive Windshield Washer Fluid (Pre

- mixed)” means ay liquid which

meets the following criteria:

(A) the product is sold in a container with a capacity that is greater than one

quart, but less than 10 gallons; and

(B) the product is designed or labeled for use in a motor vehicle windshield

washer fluid system as an anti

- freeze of for the purpose of cleaning,

washing, bug removal, or wetting the windshield(s).

“Automotive Windshield Washer Fluid (Pre

- mixed)” does not in clude any fluid

which is placed in a new motor vehicle at the time the vehicle is manufactured.

[ Note: Table 94508(a)( 20 )( A) and (B) are new table s . For clarity, the table s are not

shown in an underline font. ]

Table 94508(a)( 20)( A ) Counties that are Type “A” Areas

Air Basin Counties3

Great Basin Valleys Alpine, Inyo, Mono

Lake Tahoe El Dorado

Mountain Counties Amador, Calaveras, El Dorado, Mariposa,

Nevada, Plumas, Sierra, Tuolumne

Northeast Plateau Lassen, Modoc, Siskiyou

North Coast Del Norte, Trinity

Sacramento Valley Shasta

Table 94508(a)( 20 )( B ) Type “A” Areas I dentified by ZIP Code

County * ZIP Code County * ZIP Code County * ZIP

Code

Butte 95954 Placer 95703 San Bernardino 92315

Butte/Tehama 95942 Placer 95713 San Bernardino 92317

Fresno 00017 Placer 95714 San Bernardino 92321

Fresno 93621 Placer 95715 San Bernardino 92325

Fresno 93628 Placer 95717 San Bernardino 92339

Fresno 93664 Placer 95722 San Bernardino 9235 2

Fresno/Tulare 93633 Placer 95724 San Bernardino 923 58

Glenn 00047 Placer 96140 San Bernardino 92382

Humboldt 00050 Placer 96141 San Bernardino 92385

Kern 00016 Placer 96142 San Bernardino 92397

Kern 93255 Placer 96143 San Diego 91962

Kern 93285 Placer 96145 Santa Barbara 00032

Kern/Ventura 93225 Placer 96146 Tehama 00037

Kern 93226 Placer 96148 Tehama 00038

Kern/Ventura /

Santa Barbara/

San Luis Obispo 93252 Placer 96161 Tehama 96063

Madera 00020 Placer 96162 Tulare 00026

Madera 93643 Riverside 92549 Tulare 93260

Madera 93644 Riverside 92561 Tulare 93262

Placer 95602

(portion)** San

Bernardino 9 1759 Tulare 93265

Placer 95603

(portion)** San

Bernardino 92256 Tulare 93271

Placer 95631

(portion)** San

Bernardino 92305

Placer 95701 San

Bernardino 92314

* County name is provided as a point of reference only. Except as specified for ZIP codes 95602,

95603, and 95631, all portions of the identified ZIP codes are Type “A” areas.

* * Only the portion of ZIP codes 95602

, 95603 , and 95631 that lie to the east of Range 9 east, Mount

D iablo Base line and Meridian

.4

§ 94508(a)( 2 1 )

– § 94508(a)(159) [Nonsubstantive changes to indicate

renumbering].

NOTE: Authority cited: Sections 38501, 38510, 38560, 38560.5, 38562, 38580, 39600, 39601 and

41712, Health and Safety Code. Reference: Sections 38501, 38510, 38560, 38560.5, 38562, 38580,

39002, 39600, 40000 and 41712, Health and Safety Code.