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 94515 - Test Methods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1)
VOC and GWP compound content
					 determination using CARB Method 310.
Testing to determine compliance
					 with the requirements of this article, shall be performed using California Air
					 Resources Board Method 310, Determination of Volatile Organic Compounds (VOC)
					 in Consumer Products and Reactive Organic Compounds (ROC) in Aerosol Coating
					 Products, adopted September 25, 1997 and as last amended on August 1, 2022,
					 which is incorporated herein by reference. Alternative methods which are shown
					 to accurately determine the concentration of VOCs in a subject product or its
					 emissions may be used upon approval of the Executive Officer.
(2) In sections
					 3.4,
					 3.5, and
					 3.6 of California Air Resources
					 Board (CARB) 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 CARB Method 310, and is
					 reproduced below:
Sections
						3.4,
						3.5, and
						3.6 of California Air Resources
						Board Method 310
3.4
Initial
					 Determination of VOC Content.
If the Executive Officer makes a VOC
					 content determination, they shall do so pursuant to sections
					 3.2 and
					 3.3. Only those components with
					 concentrations equal to or greater than 0.1 percent by weight shall be
					 reported.
3.4.1 Using the appropriate equation
					 specified in section
					 4.0, the Executive Officer shall
					 make an initial determination of whether the product meets the applicable VOC
					 standards specified in the Consumer Products Regulations, under sections
					 94502 and
					 94509. 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.
3.4.2 If the results
					 obtained under section
					 3.4.1 show that the product does
					 not meet the applicable VOC standards, the Executive Officer may request the
					 responsible party supply product formulation data to confirm compliance with
					 the applicable VOC standard. The responsible party shall supply the requested
					 information within 25 working days of the request. Information submitted to the
					 Executive Officer may be claimed as confidential. The Executive Officer shall
					 handle confidential information in accordance with Title 17, CCR, sections
					 91000 to
					 91022. Failure to respond to an
					 Executive Officer request for this information is a violation.
3.4.3 If the Executive-Officer determines,
					 based on testing, information they may receive from the responsible party, and
					 any other applicable evidence, that the product does not comply with the
					 applicable VOC standard, the Executive Officer will take appropriate
					 enforcement action.
3.5
					 Determination of the LVP-VOC status of compounds and mixtures. This section
					 does not apply to antiperspirants and deodorants or aerosol coatings products.
					 Effective January 1, 2015, this section also does not apply to nonaerosol
					 "Multi-purpose Solvent" and "Paint Thinner" products sold, supplied, offered
					 for sale, or manufactured for use in the South Coast Air Quality Management
					 District. There is no LVP-VOC exemption for these products.
3.5.1 Formulation data. If the vapor pressure
					 or boiling point, or both, are unknown, the following ASTM methods, which are
					 incorporated by reference herein, may be used to determine the LVP-VOC status
					 of compounds and mixtures.
3.5.1.1 Testing to
					 determine vapor pressure may be performed using one of the following ASTM
					 methods: ASTM D2879-97 (April 10, 1997), ASTM E1719-97 (March 10, 1997), or
					 ASTM E1782-08 (March 1, 2008).
3.5.1.2 Testing to determine boiling point
					 may be performed using one of the following ASTM methods: ASTM D86-01 (August
					 10, 2001), ASTM D850-00 (December 10, 2000), ASTM D1078-01 (June 10, 2001), or
					 ASTM D2887-01 (May 10, 2001).
3.5.2 LVP-VOC status of "compounds" or
					 "mixtures." The Executive Officer may test a sample of the LVP-VOC used in the
					 product formulation to determine the boiling point for a compound or for a
					 mixture. If the boiling point exceeds 216°C, the compound or mixture is an
					 LVP-VOC. If the boiling point is less than 216°C, then the weight percent
					 of the mixture which boils above 216°C is an LVP-VOC. The Executive Officer
					 shall use the nearest 1 percent distillation cut that is greater than 216°C
					 as determined under 3.5.1.2 to determine the percentage of the mixture
					 qualifying as an LVP-VOC.
3.6
Final Determination of VOC
					 Content.
If a product's compliance status is not satisfactorily
					 resolved under sections
					 3.4 and
					 3.5, the Executive Officer may
					 conduct further analyses and testing as necessary based on the Executive
					 Officer's scientific judgment to verify the formulation data.
3.6.1 If the Executive Officer is unable to
					 verify the accuracy of the supplied formulation data, then the Executive
					 Officer may ask the responsible party to supply additional information to
					 explain the discrepancy.
3.6.2 If
					 there exists a discrepancy that cannot be resolved between the results of
					 Method 310 and the supplied formulation data, then the results of Method 310
					 shall take precedence over the supplied formulation data. The results of Method
					 310 shall then determine if the product is in compliance with the applicable
					 VOC standards, and may be used to establish a violation of CARB
					 regulations.