reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 2 - Consumer Products › Section 94511 - Innovative Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Executive Officer shall exempt a consumer product 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 formulation, design, delivery systems or other
					 factors, the use of the product will result in less VOC emissions as compared
					 to:
(1) the VOC emissions from a
					 representative consumer product which complies with the VOC limits specified in
					 Section 94509(a),
					 or
(2) the calculated VOC emissions
					 from a noncomplying representative product, if the product had been
					 reformulated to comply with the VOC limits specified in section
					 94509(a). VOC
					 emissions shall be calculated using the following equation:
ER
=
ENC
								x VOCSTD
VOCNC
where:
ER = The VOC emissions from the
						noncomplying representative product, had it been reformulated.
ENC = The VOC emissions from the
						noncomplying representative product in its current formulation.
VOCSTD = the VOC limit specified
						in 94509(a).
VOCNC = the VOC content of the
						noncomplying product in its current formulation.
If a manufacturer demonstrates that this equation yields
						inaccurate results due to some characteristic of the product formulation or
						other factors, an alternative method which accurately calculates emissions may
						be used upon approval of the Executive Officer.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 2 - Consumer Products › Section 94512 - Administrative Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Most Restrictive Limit.
(1)
					 Except as provided below in section
					 94512(a)(4),
					 notwithstanding the definition of "product category" in Section
					 94508, if anywhere on the
					 container or packaging of any consumer product manufactured on or after January
					 1, 2007,
or any FIFRA-registered insecticide manufactured on or after
					 January 1, 2008,
or on any sticker or label affixed thereto, 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
					 the lowest VOC limit shall apply. This requirement does not apply to general
					 purpose cleaners and insecticide foggers.
(2)
Rule that applies when Product
					 Category definitions exclude each other.
When determining the applicable VOC standard for a
						product that meets the definitions for both "Regulated Category A" and
						"Regulated Category B", in circumstances where the definition of "Regulated
						Category A" states that it excludes "Regulated Category B", and the definition
						of "Regulated Category B" states that it excludes "Regulated Category A," the
						product is subject to the VOC standard for whichever regulated category, "A" or
						"B," has the lower VOC standard.
For the purposes of this section, a "Regulated Category"
						means a category of consumer products that is both:
(A) defined in section
					 94508(a),
					 and
(B) has a VOC standard specified
					 in section
					 94509(a) for that
					 product category.
(3)
					 Notwithstanding the provisions of section
					 94512(a)(1) and
					 (2), a product that makes ancillary
					 disinfecting, sanitizing, or antimicrobial claims on the label is not subject
					 to the VOC standards for "Disinfectant" or "Sanitizer" if the product is
					 designed and labeled on the Principal Display Panel as a "Bathroom and Tile
					 Cleaner," "Carpet/Upholstery Cleaner," "Fabric Refresher," "General Purpose
					 Cleaner," "Glass Cleaner," "Metal Polish or Cleanser," or "Toilet/Urinal Care
					 Product."
(4) Pursuant to section
					 94509(p)(4), the
					 provisions of section
					 94512(a)(1), (a)(2), and
					 (a)(3) shall not apply to nonaerosol
					 "Multi-purpose Solvent" or "Paint Thinner" product sold, supplied, offered for
					 sale, or manufactured for use in the South Coast Air Quality Management
					 District.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 2 - Consumer Products › Section 94514 - Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications
					 for variances. Any person who cannot comply with the requirements set forth in
					 Section 94509 because of extraordinary
					 reasons beyond the person's reasonable control may apply in writing to the
					 Executive Officer for a variance. The variance application shall set forth:
(1) the specific grounds upon which the
					 variance is 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 method(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
					 application shall also include a plan describing how the applicant will
					 mitigate the excess VOC emissions that would be emitted during the period of
					 the variance.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 2 - Consumer Products › Section 94516 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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
						of this article shall continue in full force and effect.
1. New
						section filed 9-19-91; operative 10-21-91 (Register 92, No.
						12).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39600,
						  40000
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 2 - Consumer Products › Section 94517 - Federal Enforceability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of federal enforceability of this article,
						the Environmental Protection Agency is not subject to approval determinations
						made 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
						Section 94511 or
						94514, an exemption or variance
						meeting the requirements of the Clean Air Act shall be submitted by the
						Executive Officer to the Environmental Protection Agency for inclusion in the
						applicable implementation plan approved 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 exemption
						granted under Section
						94511 as a revision to the
						applicable implementation plan, the Executive Officer shall hold a public
						hearing on the proposed exemption. Notice 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 submitted for publication in
						the California Regulatory Notice Register and sent to the Environmental
						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 the hearing the Executive Officer shall notify
						the applicant of the decision in writing as provided in Section
						94511(f). The
						decision may approve, disapprove, or modify an exemption previously granted
						pursuant to Section
						94511.
1. New
						section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2.
						Amendment filed 11-18-97; operative 11-18-97 pursuant to Government Code
						section
						11343.4(d)
						(Register 97, No. 47).
Note: Authority cited: Sections
						  39600,
						  39601,
						  39602
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39600,
						  39602,
						  40000
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 3 - Aerosol Coating Products › Section 94520 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall apply to any person who sells,
						supplies, offers for sale, applies, or manufactures any aerosol coating product
						for use in the State of California, except as provided in section
						94523. This means that any aerosol
						coating product sold, supplied, offered for sale, applied, or manufactured for
						sale in California must comply with the provisions of this article unless
						specifically exempted as set forth in section
						94523.
1. New
						Article 3 (sections
						94520-94528) and section filed
						1-8-96; operative 1-8-96 pursuant to Government Code section
						11343.4(d)
						(Register 96, No. 2).
2. Amendment filed 9-17-2014; operative
						1-1-2015 (Register 2014, No. 38).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39600,
						  40000
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 3 - Aerosol Coating Products › Section 94522 - Reactivity Limits and Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Reactivity Limits.
(1) Except as provided in section
					 94523, any "Aerosol Coating
					 Product" shall comply with the applicable General Coating limit specified in
					 section 94522(a)(2)
					 unless the "Aerosol Coating Product" meets all the requirements for the
					 applicable Specialty Coating that is defined in section
					 94521. In such cases the Specialty
					 Coating product shall comply with the applicable Specialty Coating limit
					 specified in section
					 94522(a)(2).
(2) Except as provided in sections
					 94523 (Exemptions) and 94525
					 (Variances), Title 17, California Code of Regulations, no person shall sell,
					 supply, offer for sale, apply, or manufacture for use in California, any
					 "Aerosol Coating Product" which, at the time of sale, use, or manufacture
					 exceeds the limits specified in the following Table of Reactivity Limits after
					 the specified effective date.
Table of Reactivity Limits Product-Weighted MIR in
						Grams Ozone per Gram Product (g O3/g
						product)
Aerosol Coating
								Category
General Coatings
06/01/2002
01/01/2017
Clear Coatings
1.50
0.85
Flat Paint Coating
1.20
0.80
Fluorescent Coating
1.75
1.30
Metallic Coating
1.90
1.25
Nonflat Coating
1.40
0.95
Primer
1.20
0.70
Specialty Coatings (A)
01/01/2003
01/01/2017
Auto Body Primer
1.55
0.95
Electrical/Electronic/Conformal
Coating
2.00
Exact Match
								Finish:
Automotive
1.50
0.95
Engine
1.70
0.95
Industrial
2.05
1.20
Flexible Coating
1.60
Ground Traffic/Marking Coating
1.20
0.85
Mold Release Coating
1.10
Two Component Coating
1.20
Uniform Finish Coating
1.30
Specialty Coatings (B)
01/01/2003
01/01/2015
Art Fixative or Sealant
1.80
1.75
Automotive Bumper and Trim Product
1.75
1.70
Aviation or Marine Primer
2.00
1.25
Aviation Propeller Coating
2.50
1.40
Corrosion Resistant Brass, Bronze, or
								Copper Coating
1.80
1.80
Floral Coating
1.70
0.85
Glass Coating
1.40
1.35
High Temperature Coating
1.85
1.85
Hobby/Model/Craft Coating:
2.70
1.60
Marine Spar Varnish
0.90
0.90
Photograph Coating
1.00
0.75
Pleasure Craft Finish
								Primer/Surfacer/Undercoater
1.05
0.90
Pleasure Craft Topcoat
0.60
0.60
Polyolefin Adhesion Promoter
2.50
2.50
Rust Converter
1.10
Shellac Sealer
1.00
1.00
Slip-resistant/Non-slip Grip
								Coating
2.45
2.10
Spatter/Multicolor/Stucco Coating
1.05
1.05
Vinyl/Fabric/Leather/Plastic Coating
1.55
1.45
Webbing/Veiling Coating
0.85
0.75
Weld-Through Primer
1.00
1.00
Wood Stain Coating
1.40
0.90
Wood Touch-Up/Repair/Restoration
								Coating
1.50
1.45
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 3 - Aerosol Coating Products › Section 94523 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
					 does not apply to products that meet the definitions for "Adhesive,"
					 "Anti-Static Product," Belt Dressing," "Cleaner," "Dye," "Ink," "Layout Fluid,"
					 "Leather Preservative or Cleaner," "Lubricant," or Maskant," cosmetics or any
					 products used on the human body, and products applied to vehicle tires. This
					 article also does not apply to "Rubber/Vinyl Protectant," "Undercoating," or
					 "Fabric Protectant" as defined in section
					 94508(a).
(b) This article shall not apply to any
					 aerosol coating product manufactured in California for shipment and use outside
					 of California.
(c) The provisions
					 of this article shall not apply to a manufacturer, distributor, or responsible
					 party who sells, supplies, or offers for sale in California an aerosol coating
					 product that does not comply with the limits specified in section
					 94522(a)(2), as
					 long as the manufacturer, distributor, or responsible party can demonstrate
					 both that the aerosol coating product is intended for shipment and use outside
					 of California, and that the manufacturer, distributor, or responsible party has
					 taken reasonable prudent precautions to assure that the aerosol coating product
					 is not distributed to California. This subsection (c) does not apply to aerosol
					 coating products that are sold, supplied, or offered for sale by any person to
					 retail outlets in California.
(d)
					 The requirements in section
					 94522(a)(2)
					 prohibiting the application of aerosol coating products that exceed the limits
					 specified in section
					 94522(a)(2) shall
					 apply only to commercial application of aerosol coating products.
1. New
						section filed 1-8-96; operative 1-8-96 pursuant to Government Code section
						11343.4(d)
						(Register 96, No. 2).
2. Amendment of subsections (c) and (d) filed
						6-18-2001; operative 7-18-2001 (Register 2001, No. 25).
3.
						Redesignation and amendment of subsection (a) as subsection (a)(1) and new
						subsection (a)(2) filed 11-8-2007; operative 12-8-2007 (Register 2007, No.
						45).
4. Amendment filed 9-17-2014; operative 1-1-2015 (Register
						2014, No. 38).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39600,
						  40000
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 3 - Aerosol Coating Products › Section 94524 - Administrative Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Most Restrictive Limit.
Except as otherwise provided in section
						94522(b), if
						anywhere on the container of any aerosol coating product subject to the
						specified limits in section
						94522(a)(2), or
						on any sticker or label affixed thereto, or in any sales or advertising
						literature, any representation is made that the product may be used as, or is
						suitable for use as a product for which a lower limit is specified, then the
						lowest applicable limit shall apply.
(b)
Labeling Requirements.
(1) Each manufacturer of an "Aerosol Coating
					 Product" subject to this article shall clearly display the following
					 information on each product container which is manufactured on or after the
					 earliest effective date for the applicable Reactivity Limit for an aerosol
					 coating category.
(A) the applicable
					 Reactivity Limit for the product that is specified in section
					 94522(a);
					 and
(B) the aerosol coating
					 category as defined in section
					 94521, or an abbreviation of the
					 coating category.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 3 - Aerosol Coating Products › Section 94525 - Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person who
					 cannot comply with the requirements set forth in section
					 94522, because of extraordinary
					 reasons beyond the person's reasonable control may apply in writing to the
					 Executive Officer for a variance. The variance application shall set forth:
(1) the specific grounds upon which the
					 variance is sought;
(2) the
					 proposed date(s) by which compliance with the provisions of section
					 94522 will be achieved,
					 and
(3) a compliance report
					 reasonably detailing the method(s) by which compliance will be
					 achieved.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 3 - Aerosol Coating Products › Section 94526 - Test Methods and Compliance Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Test Methods
Compliance with the requirements of this article shall be
						determined by using the following test methods, which are incorporated by
						reference herein. Alternative test methods which are shown to accurately
						determine the PWMIR, ingredient name and weight percent of each ingredient,
						metal content, specular gloss, or acid content may also be used after approval
						in writing by the Executive Officer:
(1) The ingredients and the amount of each
					 ingredient of all aerosol coating products subject to the provisions of this
					 article shall be determined by the procedures set forth in "California Air
					 Resources Board Method 310, Determination of Volatile Organic Compounds (VOC)
					 in Consumer Products and Reactive Organic Compounds (ROC) in Aerosol Coating
					 Products," (Method 310) adopted September 25, 1997, and as last amended on
					 August 1, 2022, which is incorporated herein by reference. Only ingredients
					 present in amount equal to or greater than 0.1 percent by weight will be
					 reported.
(2) Metal Content. The
					 metal content of metallic aerosol coating products shall be determined by ASTM
					 D5381-93, Standard Guide for X-Ray Fluorescence (XRF) Spectroscopy of Pigments
					 and Extenders (Reapproved July 1, 2014), which is incorporated by reference
					 herein.
(3) Specular Gloss.
					 Specular gloss of flat and non-flat coatings shall be determined by ASTM
					 D523-08, Standard Test Method for Specular Gloss (June 1, 2008), which is
					 incorporated by reference herein.
(4) Acid Content. The acid content of rust
					 converters shall be determined by ASTM D1613-06, Standard Test Method for
					 Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish,
					 Lacquer, and Related Products (April 1, 2006), which is incorporated by
					 reference herein.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 3 - Aerosol Coating Products › Section 94527 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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
						of this article shall continue in full force and effect.
1. New
						section filed 1-8-96; operative 1-8-96 pursuant to Government Code section
						11343.4(d)
						(Register 96, No. 2).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39600,
						  40000
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 3 - Aerosol Coating Products › Section 94528 - Federal Enforceability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of federal enforceability of this article,
						the United States Environmental Protection Agency is not subject to approval
						determinations made by the Executive Officer under sections
						94525 and
						94526. Within 180 days of a
						request from a person who has been granted a variance under section
						94525, a variance meeting the
						requirements of the Clean Air Act shall be submitted by the Executive Officer
						to the Environmental Protection Agency for inclusion in the applicable
						implementation plan approved or promulgated by the Environmental Protection
						Agency pursuant to section
						110 of the Clean Air Act,
						42 U.S.C., section
						7410.
1. New
						section filed 1-8-96; operative 1-8-96 pursuant to Government Code section
						11343.4(d)
						(Register 96, No. 2).
2. Amendment filed 9-17-2014; operative
						1-1-2015 (Register 2014, No. 38).
Note: Authority cited: Sections
						  39600,
						  39601,
						  39602
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39600,
						  39602,
						  40000
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94540 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this article is to provide an alternative
						method to comply with the VOC standards for consumer products that are
						specified in Title 17, California Code of Regulations, sections
						94507-94517. This alternative is
						provided by allowing responsible ACP parties the option of voluntarily entering
						into separate "alternative control plans" (ACPs) for consumer products, as
						specified in this article.
1. New
						article 4 and section filed 8-10-95; operative 9-9-95 (Register 95, No.
						32).
2. Amendment of section filed 1-8-96; operative 1-8-96 pursuant
						to Government Code section
						11343.4(d)
						(Register 96, No. 2).
3. Amendment of section and NOTE filed
						8-1-2022; operative 8-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 31). The one year deadline in Government Code section
						11346.4(b)
						and the filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Sections
						  39600,
						  39601,
						  41503.5,
						  41700
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39000,
						  39002,
						  39003,
						  39600,
						  39602,
						  40000,
						  41503.5,
						  41504,
						  41511,
						  41700
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94541 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only responsible ACP parties for consumer products may
						enter into an ACP. An ACP shall include only those consumer products which are
						subject to the VOC standards specified in section
						94509, Title 17, California Code
						of Regulations.
1. New
						section filed 8-10-95; operative 9-9-95 (Register 95, No. 32).
2.
						Amendment of section filed 1-8-96; operative 1-8-96 pursuant to Government Code
						section
						11343.4(d)
						(Register 96, No. 2).
3. Amendment of section and NOTE filed
						8-1-2022; operative 8-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 31). The one year deadline in Government Code section
						11346.4(b)
						and the filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Sections
						  39600,
						  39601,
						  39515,
						  39516,
						  41503.5,
						  41511,
						  41700
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39000,
						  39002,
						  39003,
						  39600,
						  39602,
						  40000,
						  41504,
						  41511,
						  41700
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94544 - ACP Approval Timeframes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Executive Officer shall take appropriate action on an ACP within the
					 following time periods:
(1) Within 30 working
					 days of receipt of an ACP application, the Executive Officer shall inform the
					 applicant in writing that either:
(A) the
					 application is complete and accepted for filing, or
(B) the application is deficient, and
					 identify the specific information required to make the application
					 complete.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94545 - Recordkeeping and Availability of Requested Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All information specified in the
					 Executive Order approving an ACP shall be maintained by the responsible ACP
					 party for a minimum of three years after such records are generated. Such
					 records shall be clearly legible and maintained in good condition during this
					 period.
(b) The records specified
					 in subsection (a) of this section shall be made available to the Executive
					 Officer or his or her authorized representative:
(1) immediately upon request, during an
					 on-site visit to a responsible ACP party, or
(2) within five working days after receipt of
					 a written request from the Executive Officer, or
(3) within a time period mutually agreed upon
					 by both the Executive Officer and the responsible ACP
					 party.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94546 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person who
					 commits a violation of this article is subject to the penalties specified in
					 Health and Safety Code, section
					 42400
					 et seq. Failure to meet any requirement of this article or any condition of an
					 applicable Executive Order shall constitute a single, separate violation of
					 this article for each day until such requirement or condition is satisfied,
					 except as otherwise provided in subsections (b) through (h) of this
					 section.
(b) False reporting of any
					 information contained in an ACP application, or any supporting documentation or
					 amendments thereto, shall constitute a single, separate violation of the
					 requirements of this article for each day that the approved ACP is in
					 effect.
(c) Any exceedance during
					 the applicable compliance period of the VOC content specified for an ACP
					 product in the Executive Order approving an ACP shall constitute a single,
					 separate violation of the requirements of this article for each ACP product
					 which exceeds the specified VOC Content that is sold, supplied, offered for
					 sale, or manufactured for use in California.
(d) Any of the following actions shall each
					 constitute a single, separate violation of the requirements of this article for
					 each day after the applicable deadline until the requirement is satisfied:
(1) Failure to report data (i.e., "missing
					 data") or failure to report data accurately (i.e., "inaccurate data") in
					 writing to the Executive Officer regarding the VOC content, LVP Content,
					 Enforceable Sales, or any other information required by any deadline specified
					 in the applicable Executive Order;
(2) False reporting of any information
					 submitted to the Executive Officer for determining compliance with the ACP
					 requirements;
(3) Failure to
					 completely implement the reconciliation of shortfalls plan that is set forth in
					 the Executive Order, within 30 working days from the date of written
					 notification of a shortfall by the Executive Officer;
(4) Failure to completely reconcile the
					 shortfall as specified in the Executive Order, within 90 working days from the
					 date of written notification of a shortfall by the Executive
					 Officer.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94548 - Reconciliation of Shortfalls

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the end of each compliance period, the
					 responsible ACP party shall make an initial calculation of any shortfalls
					 occurring in that compliance period, as specified in the Executive Order
					 approving the ACP. Upon receipt of this information, the Executive Officer
					 shall determine the amount of any shortfall that has occurred during the
					 compliance period and shall notify the responsible ACP party of this
					 determination.
(b) The responsible
					 ACP party shall implement the reconciliation of shortfalls plan as specified in
					 the Executive Order approving the ACP, within 30 working days from the date of
					 written notification of a shortfall by the Executive Officer;
(c) All shortfalls shall be completely
					 reconciled within 90 working days from the date of written notification of a
					 shortfall by the Executive Officer, by implementing the reconciliation of
					 shortfalls plan specified in the Executive Order approving the ACP.
(d) All requirements specified in the
					 Executive Order approving an ACP, including all applicable ACP Limits, shall
					 remain in effect while any shortfalls are in the process of being
					 reconciled.
1. New
						section filed 8-10-95; operative 9-9-95 (Register 95, No. 32).
2.
						Amendment filed 8-24-98; operative 8-24-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 35).
3. Amendment of subsection (c), repealer of
						subsections (c)(1)-(2) and amendment of NOTE filed 8-1-2022; operative 8-1-2022
						pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 31). The one year deadline in Government Code section
						11346.4(b)
						and the filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Sections
						  39515,
						  39516,
						  39600,
						  39601,
						  39607,
						  39701,
						  41503.5,
						  41511
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39000,
						  39002,
						  39003,
						  39600,
						  39602,
						  40000,
						  41504,
						  41511,
						  41700
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94549 - Notification of Modifications to an ACP by the Responsible ACP Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Modifications
					 That Do Not Require Executive Officer Pre-Approval: The responsible ACP party
					 shall notify the Executive Officer, in writing, of any change in an ACP
					 product's:
(1) product name,
(2) product formulation,
(3) product form,
(4) product function,
(5) applicable product
					 category(ies),
(6) VOC
					 Content,
(7) ACP Content,
(8) date-codes, or
(9) recommended product usage directions, no
					 later than 15 working days from the date such a change occurs. For each
					 modification, the notification shall fully explain the following:
(A) the nature of the modification;
(B) the extent to which the ACP product
					 formulation, VOC Content, LVP Content, or recommended usage directions will be
					 changed;
(C) the extent to which
					 the ACP Emissions and ACP Limit specified in the Executive Order will be
					 changed for the application compliance period; and
(D) the effective date and corresponding
					 date-codes for the modification.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94550 - Modification of an ACP by the Executive Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Executive Officer determines that:
(1) the Enforceable Sales for an ACP product
					 are no longer at least 75.0% of the Gross California Sales for that product,
					 or
(2) the information submitted
					 pursuant to the approval process set forth in section
					 94543 is no longer valid,
					 or
(3) the ACP Emissions are
					 exceeding the ACP Limit specified in the Executive Order approving an ACP, then
					 the Executive Officer shall modify the ACP as necessary to ensure that the ACP
					 meets all requirements of this article and that the ACP Emissions will not
					 exceed the ACP Limit. The Executive Officer shall not modify the ACP without
					 first affording the responsible ACP party an opportunity for a public 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 the ACP
					 should be modified.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94551 - Cancellation of an ACP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 ACP shall remain in effect until:
(1) the ACP
					 reaches the expiration date specified in the Executive Order;
(2) the ACP is modified by the responsible
					 ACP party and approved by the Executive Officer, as provided in section
					 94549;
(3) the ACP is modified by the Executive
					 Officer, as provided in section
					 94550;
(4) the ACP includes a product for which the
					 VOC standard specified in section
					 94509 is modified by the Air
					 Resources Board in a future rulemaking, and the responsible ACP party informs
					 the Executive Officer in writing that the ACP will terminate on the effective
					 date(s) of the modified standard;
(5) the ACP is cancelled pursuant to
					 subsection (b) of this section.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94552 - Treatment of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The information required by sections
						94543(a)(1)-(a)(2)
						and 94547(b)(9) is
						public information which may not be claimed as confidential. All other
						information submitted to the Executive Officer to meet the requirements of this
						article shall be handled in accordance with the procedures specified in Title
						17, California Code of Regulations, sections
						91000-91022.
1. New
						section filed 8-10-95; operative 9-9-95 (Register 95, No. 32).
2.
						Amendment of NOTE filed 8-1-2022; operative 8-1-2022 pursuant to Government
						Code section
						11343.4(b)(3)
						(Register 2022, No. 31). The one year deadline in Government Code section
						11346.4(b)
						and the filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Sections
						  39515,
						  39516,
						  39600,
						  39601,
						  41511
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39600,
						  40000,
						  41511
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94553 - Other Applicable Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless otherwise specified in the Executive Order approving an ACP, all
					 applicable requirements specified in Title 17, California Code of Regulations,
					 Division 3, Chapter 1, Subchapter 8.5, Article 2 (sections
					 94507-94517), shall remain in
					 effect for all ACP products subject to an ACP.
(b) All applicable requirements specified in
					 Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter
					 8.5, Article 2, (sections
					 94507-94517), shall remain in
					 effect for all ACP products which are not subject to an ACP.
(c) The provisions of this article
					 notwithstanding, the requirements of the South Coast Air Quality Management
					 District Rule 1174 shall remain in effect for all charcoal lighter material
					 products sold, supplied, offered for sale, or manufactured for use in the South
					 Coast Air Quality Management District (as defined in section
					 40410
					 of the Health and Safety Code).
(d)
					 A responsible ACP party may transfer an ACP to another responsible ACP party,
					 provided that all of the following conditions are met:
(1) The Executive Officer shall be notified,
					 in writing, by both responsible ACP parties participating in the transfer of
					 the ACP and its associated Executive Order. The written notifications shall be
					 postmarked at least five (5) working days prior to the effective date of the
					 transfer and shall be signed and submitted separately by both responsible
					 parties. The written notifications shall clearly identify the contact persons,
					 business names, mail and street addresses, and phone numbers of the responsible
					 parties involved in the transfer.
(2) The responsible ACP party to which the
					 ACP is being transferred shall provide a written declaration stating that the
					 transferee shall fully comply with all requirements of the Executive Order
					 approving the ACP and this article.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94554 - Federal Enforceability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of federal enforceability of this article,
						the Environmental Protection Agency is not subject to approval determinations
						made by the Executive Officer under this article. Within 180 days of a request
						from a responsible ACP party whose ACP has been approved by the Executive
						Officer, an ACP meeting the requirements of the Clean Air Act shall be
						submitted by the Executive Officer to the Environmental Protection Agency for
						inclusion in the applicable implementation plan approved 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 ACP as a revision to the
						applicable implementation plan, the Executive Officer shall hold a public
						hearing on the proposed revision. Notice 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 submitted for publication in
						the California Regulatory Notice Register and sent to the Environmental
						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 the hearing the Executive Officer shall notify
						the applicant of the decision in writing as provided in section
						94543(b). The
						decision may approve, disapprove, or modify an ACP previously granted pursuant
						to section
						94543.
1. New
						section filed 8-10-95; operative 9-9-95 (Register 95, No. 32).
2.
						Amendment of NOTE filed 8-1-2022; operative 8-1-2022 pursuant to Government
						Code section
						11343.4(b)(3)
						(Register 2022, No. 31). The one year deadline in Government Code section
						11346.4(b)
						and the filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Sections
						  39515,
						  39516,
						  39600,
						  39601,
						  39602
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39600,
						  40000
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94555 - Federal Clean Air Act Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless otherwise determined by the U.S.
					 Environmental Protection Agency, products sold, supplied, offered for sale, or
					 manufactured for use in California under the requirements of an ACP are not
					 subject to the requirements of Title V of the Federal Clean Air Act
					 (42 U.S.C. sections
					 7661-7661f).
(b) Nothing in this article shall be
					 construed to modify or in any way affect any requirements of the federal Clean
					 Air Act, including but not limited to Title V of the federal Clean Air Act,
					 which are applicable to the construction or operation of the responsible ACP
					 party's manufacturing facility or to any other activities of the responsible
					 ACP party.
1. New
						section filed 8-10-95; operative 9-9-95 (Register 95, No. 32).
2.
						Amendment of NOTE filed 8-1-2022; operative 8-1-2022 pursuant to Government
						Code section
						11343.4(b)(3)
						(Register 2022, No. 31). The one year deadline in Government Code section
						11346.4(b)
						and the filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.
Note: Authority cited: Sections
						  39515,
						  39516,
						  39600,
						  39601,
						  39602
						  and
						  41712,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39600,
						  40000
						  and
						  41712,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 5 - Hairspray Credit Program [Repealed] › Section 94560 - Purpose [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 39600, 39601 and 41712,
						  Health and Safety Code. Reference: Sections 39002, 39600,40000 and 41712, Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 5 - Hairspray Credit Program [Repealed] › Section 94561 - Applicability [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 39600, 39601 and 41712,
						  Health and Safety Code. Reference: Sections 39002, 39600,40000 and 41712, Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 5 - Hairspray Credit Program [Repealed] › Section 94562 - Definitions [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 39600, 39601 and 41712,
						  Health and Safety Code. Reference: Sections 39002, 39600,40000 and 41712, Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 5 - Hairspray Credit Program [Repealed] › Section 94563 - Application Process to Request Hairspray Emission Reduction Credits [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 39600, 39601 and 41712,
						  Health and Safety Code. Reference: Sections 39002, 39600,40000 and 41712, Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 5 - Hairspray Credit Program [Repealed] › Section 94564 - Protocol for Calculating Hairspray Emission Reduction Credits [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 39600, 39601 and 41712,
						  Health and Safety Code. Reference: Sections 39002, 39600,40000 and 41712, Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 5 - Hairspray Credit Program [Repealed] › Section 94565 - Issuance of Hairspray Emission Reduction Credits [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 39600, 39601 and 41712,
						  Health and Safety Code. Reference: Sections 39002, 39600,40000 and 41712, Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 5 - Hairspray Credit Program [Repealed] › Section 94566 - Herc Account Registry [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 39600, 39601 and 41712,
						  Health and Safety Code. Reference: Sections 39002, 39600,40000 and 41712, Health and Safety
						  Code.