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§94509. Standards for Consumer Products.

17 CA ADC § 94509Barclays Official California Code of Regulations

Barclays 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
17 CCR § 94509
§94509. Standards for Consumer Products.
Currentness
(a) Except as provided in sections 94510 (Exemptions), 94511 (Innovative Products), 94514 (Variances), and 94540 through 94555 (Alternative Control Plan), title 17, California Code of Regulations, no person shall sell, supply, offer for sale, or manufacture for sale in California any consumer product which, at the time of sale or manufacture, 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 Compounds by Weight
Product Category
Effective Date1
VOC Standard2
Adhesive*:
[*See section 94510(i) for an exemption that applies to adhesives.]
Aerosol**
1/1/95
75
 
Mist Spray Adhesive**
1/1/2002
65
1/1/2017
30
 
Web Spray Adhesive**
1/1/2002
55
1/1/2017
40
 
Special Purpose Spray Adhesive:**
Automobile Headliner Adhesive
1/1/2002
65
Automotive Engine Compartment Adhesive
1/1/2002
70
Flexible Vinyl Adhesive
1/1/2002
70
Laminate Repair/Edgebanding Adhesive
1/1/2002
60
Mounting Adhesive
1/1/2002
70
Plastic Pipe Adhesive
8/1/2022
60
Polyolefin Adhesive
1/1/2002
60
Polystyrene Foam Adhesive
1/1/2002
65
Screen Printing Adhesive
1/1/2017
55
[**See sections 94509(i), 94509(m)(1)(A), 94509(n), 94512(d), and 94513(d) for additional requirements that apply to aerosol adhesive.]
Construction, Panel, or Floor Covering Adhesive#
1/1/95
40
12/31/2002
15
12/31/2008
7
[#See section 94509(k) for the effective date of the VOC limit for certain types of Construction, Panel, or Floor Covering Adhesive, and subsection 94509(m)(1)(A) for additional requirements that apply to Construction, Panel, or Floor Covering Adhesive.]
Contact##
1/1/95
80
Contact Adhesive -- General Purpose
12/31/2006
55
Contact Adhesive -- Special Purpose
12/31/2006
80
[##See subsection 94509(m)(1)(A) and section 94512(d) for additional requirements that apply to Contact Adhesive.]
General Purpose
1/1/95
10
Adhesive Remover*:
Floor or Wall Covering Adhesive Remover
12/31/2006
5
 
Gasket or Thread Locking Adhesive Remover
12/31/2006
50
 
General Purpose Adhesive Remover
12/31/2006
20
 
Specialty Adhesive Remover
12/31/2006
70
[*See subsection 94509(m)(1)(A) and section 94512(d) for additional requirements that apply to Adhesive Remover.]
Aerosol Cooking Spray
1/1/95
18
Air Freshener (manufactured before January 1, 2023)*:
Double Phase Aerosol**
1/1/93
30
12/31/2004
25
12/31/2012
20
 
Single Phase Aerosol
1/1/93
70
1/1/96
30
 
Air Freshener (manufactured on or after January 1, 2023)*
Automatic Aerosol Air Freshener
1/1/2023
30
 
Manual Aerosol Air Freshener**
1/1/2023
10
1/1/2027
5
 
Concentrated Aerosol Air Freshener**
1/1/2023
15
1/1/2027
10
 
Total Release Aerosol Air Freshener**
1/1/2023
25
 
Air Freshener*
1/1/94
60
Dual Purpose Air Freshener/Disinfectant aerosol
1/1/94
60
 
Liquid/pump spray
1/1/93
18
 
Solid/semisolid#
1/1/93
3
[*See section 94510(f) for an exemption that applies to Air Freshener.]
[**See section 94509(n) for additional requirements that apply to Double Phase Aerosol Air Freshener, and sections 94509 (m)(1)(B) and 94509(n) for additional requirements that apply to Manual Aerosol Air Freshener, Concentrated Aerosol Air Freshener, and Total Release Aerosol Air Freshener]
[#See subsections 94509(m)(2) and 94510(g)(2) for additional provisions that apply to Air Freshener (solid).]
Anti-static Product:
aerosol
12/31/2008
80
 
nonaerosol
12/31/2006
11
Astringent/Toner
12/31/2010
35
Automotive Rubbing or Polishing Compound
all forms
1/1/2005
17
Automotive Wax/Polish/Sealant/Glaze:
all other forms
1/1/2005
15
 
hard paste wax
1/1/2005
45
 
instant detailer
1/1/2001
3
Automotive Windshield Washer Fluid*:
Type “A” areas
1/1/93
35
12/31/2008
25
Nontype “A” areas
1/1/93
10
12/31/2002
1
*See section 94508(a)(19), section 94509(b)(3), and section 94509(l) for provisions that apply to Automotive Windshield Washer Fluid.
Bathroom and Tile Cleaner*:
aerosol
1/1/94
7
 
all other forms
1/1/94
5
 
nonaerosol
12/31/2008
1
[*See subsection 94509(m)(1)(A) for additional requirements that apply to Bathroom and Tile Cleaner.]
Brake Cleaner*
1/1/97
50
12/31/2002
45
12/31/2008
20
12/31/2010
10
[*See subsection 94509(m)(1)(A) for additional requirements that apply to Brake Cleaner]
Bug and Tar Remover
1/1/2002
40
Carburetor or Fuel-injection Air Intake Cleaner**
1/1/95
75
12/31/2002
45
12/31/2008
20
12/31/2010
10
**See section 94509(k) for the effective date of the VOC limit and see subsection 94509(m)(1)(A) for additional requirements that apply to Carburetor or Fuel-injection Air Intake Cleaner.]
Carpet/Upholstery Cleaner*:
aerosol
1/1/2001
7
12/31/2010
5
 
nonaerosol (dilutable)
1/1/2001
0.1
 
nonaerosol (ready-to-use)
1/1/2001
3
12/31/2010
1
[*See subsection 94509(m)(1)(A) for additional requirements that apply to Carpet/Upholstery Cleaner]
Charcoal Lighter Material
See Section
94509(h)
Disinfectant:
aerosol
12/31/2008
70
 
nonaerosol
12/31/2008
1
Dry Shampoo*
1/1/2023
55
1/1/2029
50
[*See subsections 94509(m)(1)(B), and 94509(n) for additional requirements that apply to Dry Shampoo]
Dusting Aid:
aerosol
1/1/95
35
1/1/97
25
12/31/2010
17
 
nonaerosol
1/1/95
7
12/31/2010
3
Electrical Cleaner*
12/31/2006
45
[*See subsections 94509(m)(1)(A) and section 94512(d) for additional requirements that apply to Electrical Cleaner.]
Electronic Cleaner*
12/31/2007
75
[*See subsections 94509(m)(1)(A) and section 94512(d) for additional requirements that apply to Electronic Cleaner.]
Engine Degreaser*:
1/1/93
75
1/1/96
50
 
aerosol
12/31/2004
35
12/31/2010
10
 
nonaerosol
12/31/2004
5
[*See subsection 94509(m)(1)(A) for additional requirements that apply to Engine Degreaser]
Fabric-Protectant*
1/1/95
75
aerosol
1/1/97
60
 
nonaerosol
1/1/95
75
1/1/97
60
12/31/2010
1
[*See subsection 94509(m)(1)(A) for additional requirements that apply to Fabric Protectant]
Fabric-Refresher:
aerosol
12/31/2006
15
 
nonaerosol
12/31/2006
6
Fabric Softener -- Single Use Dryer Product
See Section
94509(o)
Floor Maintenance Product
12/31/2010
1
Floor Polish or Wax:
Resilient Flooring Material
1/1/94
7
12/31/2010
1
 
Nonresilient Flooring Material
1/1/94
10
12/31/2010
1
 
Wood Floor Wax
1/1/94
90
12/31/2010
70
Floor Wax Stripper:
See Section
nonaerosol
94509(j)
Footwear or Leather Care Product*:
aerosol
12/31/2006
75
 
solid
12/31/2006
55
 
all other forms
12/31/2006
15
[*See subsection 94509(m)(1)(A) for additional requirements that apply to Footwear or Leather Care Product.]
Furniture Maintenance Product*:
aerosol
1/1/94
25
12/31/2004
17
12/31/2013
12
 
all other forms (except solid/paste forms)
1/1/94
7
 
nonaerosol (except solid/paste forms)
12/31/2008
3
[*See section 94509(n) for additional requirements that apply to Furniture Maintenance Product.]
General Purpose Cleaner*:
1/1/94
10
aerosol and nonaerosol
 
aerosol
12/31/2008
8
 
nonaerosol+
12/31/2004
4
12/31/2012
0.5
[*See subsections 94509(m)(1)(A) and (m)(3) for additional requirements that apply to General Purpose Cleaner.]
[See subsections 94510(c)(1) and (c)(3) for exemptions that apply to fragrance and monoterpene]
General Purpose Degreaser*:
aerosol
1/1/2002
50
12/31/2008
20
12/31/2010
10
 
nonaerosol+
12/31/2004
4
12/31/2012
0.5
[*See subsections 94509(m)(1)(A) and (m)(3) for additional requirements that apply to General Purpose Degreaser.]
[See subsections 94510(c)(1) and (c)(3) for exemptions that apply to fragrance and monoterpene]
Glass Cleaner*:
aerosol
1/1/93
12
12/31/2012
10
 
nonaerosol
1/1/93
8
1/1/96
6
12/31/2004
4
12/31/2012
3
[*See subsection 94509(m)(3) for additional requirements that apply to nonaerosol Glass Cleaner]
Graffiti Remover*:
aerosol
12/31/2006
50
 
nonaerosol
12/31/2006
30
[*See subsection 94509(m)(1)(A) for additional requirements that apply to Graffiti Remover.]
Hair Mousse
1/1/94
16
12/31/2002
6
Hair Shine*
1/1/2005
55
1/1/2029
50
[*See subsections 94509(m)(1)(B) and 94509(n) for additional requirements that apply to Hair Shine.]
Hair Finishing Spray*
1/1/93
80
6/1/99
55
1/1/2023
50
[*See subsections 94509(m)(1)(B) and 94509(n) for additional requirements that apply to Hair Finishing Spray.]
Hair Styling Product:
aerosol and pump spray
12/31/2006
6
 
all other forms
12/31/2006
2
Heavy-duty Hand Cleaner or Soap*
all forms
1/1/2005
8
nonaerosol
12/31/2013
1
[*See subsection 94509(m)(3) for additional requirements that apply to nonaerosol Heavy-duty Hand Cleaner or Soap]
Insect Repellant:
aerosol
1/1/94
65
Insecticide*:
Crawling Bug Insecticide (all forms):
1/1/95
40
1/1/98
20
 
aerosol#
12/31/2004
15
1/1/2030
8
 
Bed Bug Insecticide (all forms)
1/1/2030
20
Bed Bug Insecticide (aerosol)
1/1/2030
15
 
Flea or Tick Insecticide
1/1/95
25
 
Flying Bug Insecticide (all forms)**:
1/1/95
35
 
aerosol
12/31/2003
25
12/31/2013
20
 
Fogger
1/1/95
45
 
Lawn or Garden Insecticide (all forms)
1/1/95
20
 
nonaerosol
12/31/2003
3
 
Wasp or Hornet Insecticide**
1/1/2005
40
12/31/2013
10
[*See sections 94510(g)(1) and 94510(k) for exemptions that apply to certain insecticides.]
[#See subsections 94509(m)(1)(B) and 94509(n) for additional requirements that apply to Crawling Bug Insecticide (aerosol)].
[**See subsection 94509(n) for additional reuqirements that apply to Flying Bug and Wasp or Hornet Insecticide]
Laundry Prewash:
aerosol/solid
1/1/94
22
 
all other forms
1/1/94
5
Laundry Starch/Sizing/Fabric Finish Product:
1/1/95
5
12/31/2008
4.5
Lubricant*
[*See subsection 94509(m)(1)(A), for additional requirements that apply to Lubricant products.]
Anti-Seize Lubricant**
aerosol
12/31/2013
40
 
nonaerosol
12/31/2013
3
 
Cutting or Tapping Oil**
aerosol
12/31/2013
25
 
nonaerosol
12/31/2013
3
 
Gear, Chain, or Wire Lubricant**
aerosol
12/31/2013
25
 
nonaerosol
12/31/2013
3
 
Multi-purpose Lubricant (excluding solid or semisolid products)#**
1/1/2003
50
12/31/2013
25
7/1/2019
10##
 
Penetrant#+
1/1/2003
50
12/31/2013
25
 
Rust Preventative or Rust Control Lubricant**
aerosol
12/31/2013
25
 
nonaerosol
12/31/2013
3
 
Silicone-based Multi-purpose Lubricant (excluding solid or semisolid products)
1/1/2005
60
[**See subsection 94509(n) for additional requirements that apply to Anti-Seize Lubricant; Cutting or Tapping Oil; Gear, Chain, or Wire Lubricant; Multi-purpose Lubricant; and Rust Preventative or Rust Control Lubricant products.]
[#See subsection 94513(f) for additional requirements that apply to Multi-purpose Lubricant and Penetrant.]
[##See subsections 94509(r)(1) through 94509(r)(5) for an alternate compliance option that applies to Multi-purpose Lubricant.]
[+See subsection 94509(m)(7) for an exclusion that applies to certain Penetrant products.]
Metal Polish or Cleanser*:
1/1/2005
30
 
aerosol
12/31/2012
15
 
nonaerosol
12/31/2012
3
[*See subsection 94509(m)(1)(A) and subsection 94509(n) for additional requirements that apply to Metal Polish or Cleanser.]
Motor Vehicle Wash
nonaerosol
12/31/2010
0.2
Multi-purpose Solvent*
aerosol
standard for all areas of the State
1/1/2016
10
 
nonaerosol
standards for the South Coast Air Quality
See section
Management District
94509(p)(4)
standards for all other areas of the State
12/31/2010
30
12/31/2013
3
[*See sections 94509(b)(1), (m)(1)(A), (n), and (p); 94512(a)(1), (a)(4) and (e); 94513(g); and 94515(j) for additional requirements that apply to Multi-purpose Solvent.]
Nail Polish Remover
1/1/94
85
1/1/96
75
12/31/2004
0
12/31/2007
1
Nonselective Terrestrial Herbicide:
nonaerosol
1/1/2002
3
Odor Remover/Eliminator
aerosol
12/31/2010
25
 
nonaerosol
12/31/2010
6
Oven or Grill Cleaner*:
aerosol/pump spray
1/1/93
8
aerosol
1/1/93
8
 
liquid
1/1/93
5
 
nonaerosol
12/31/2008
1
12/10/2011
4
[*See subsection 94509(q) for the effective date of the VOC limit and subsections 94509(m)(1)(A) and (m)(3) for additional requirements that apply to Oven or Grill Cleaner.]
Paint Remover or Stripper
1/1/2005
50
Paint Thinner*
aerosol
1/1/2016
10
standard for all areas of the State
nonaerosol
standards for the South Coast Air Quality
See section
Management District
94509(p)(4)
standards for all other areas of the State
12/31/2010
30
12/31/2013
3
[*See sections 94509(b)(1), (m)(1)(A), (n), and (p); 94512(a)(1), (a)(4) and (e); 94513(g); and 94515(j) for additional requirements that apply to Paint Thinner. See section 94510(m) for an exemption that applies to Paint Thinner.]
Personal Fragrance Product(manufactured before January 1, 2023)*:
products with 20% or less fragrance
1/1/95
80
1/1/99
75
 
products with more than 20% fragrance
1/1/95
70
1/1/99
65
Personal Fragrance Product (manufactured between January 1, 2023, and December 31, 2030)*
1/1/2023
70
aerosol#
 
nonaerosol
products with 7% or less fragrance#
1/1/2023
70
products with more than 7% fragrance
1/1/2023
75
 
Personal Fragrance Product (manufactured on or after January 1, 2031)*
aerosol#
1/1/2031
50
 
nonaerosol
products with 10% or less fragrance#
1/1/2031
50
products with more than 10% fragrance
1/1/2031
75
[*See sections 94510(h), 94510(j), and 94510(l) for exemptions and requirements that apply to Personal Fragrance Product.]
[#See subsection 94509(m)(1)(B), 94509(n) and 94513(i) for additional requirements that apply to Personal Fragrance Product.]
Pressurized Gas Duster*
12/31/2010
1
[*See subsections 94509(m)(1)(A), 94509(n) and 94510(c) for additional provisions that apply to Pressurized Gas Duster]
Rubber/Vinyl Protectant:
aerosol
1/1/2005
10
 
nonaerosol
1/1/2003
3
Sanitizer:
aerosol
12/31/2008
70
 
nonaerosol
12/31/2008
1
Sealant or Caulking Compound*
all forms
12/31/2002
4
 
Chemically Curing
nonaerosol
12/31/2012
3
 
Nonchemically Curing
nonaerosol
12/31/2010
1.5
[*See subsections 94509(m)(1)(A) and section 94512(d) for additional requirements that apply to Sealant or Caulking Compound.]
Shaving Cream
1/1/94
5
Shaving Gel
12/31/2006
7
12/31/2009
4
Spot Remover*:
aerosol
1/1/2001
25
12/31/2012
15
 
nonaerosol
1/1/2001
8
12/31/2012
3
[*See subsections 94509(m)(1)(A) and 94509(n) for additional requirements that apply to Spot Remover.]
Temporary Hair Color:
aerosol*
12/31/2010
55
1/1/2029
50
[*See subsections 94509(m)(1)(B), and 94509(n) for additional requirements that apply to Temporary Hair Color.]
Tire or Wheel Cleaner
aerosol
12/31/2010
8
 
nonaerosol
12/31/2010
2
Tire Sealant and Inflator
12/31/2002
20
Toilet/Urinal Care Product:*
aerosol
12/31/2006
10
 
nonaerosol
12/31/2006
3
[See subsection 94509(m)(2) for additional requirements that apply to Toilet/Urinal Care Product]
Undercoating:
aerosol
1/1/2002
40
Windshield Water Repellent
12/31/2010
75
Wood Cleaner:
aerosol
12/31/2006
17
 
nonaerosol
12/31/2006
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 effective 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 “Multi-purpose Solvent” and “Paint Thinner” products manufactured after January 1, 2015, and “Automotive Windshield Washer Fluids (Dilutable),” for consumer products 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, the limits specified in subsection (a) shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this subsection (b), “minimum recommended dilution” shall not include recommendations for incidental use of a concentrated product to deal with limited special application such as hard-to-remove soils or stains.
(2) For consumer products for which the label, packaging, 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 product only after the maximum recommended dilution has taken place.
(3) For “Automotive Windshield Washer Fluid (Dilutable)” for which the front panel of the product label specifically states that the product should be diluted (e.g. identified as a “concentrate”) prior to use:
(A) the VOC limits specified in section 94509(a) shall apply to the product only after the minimum recommended dilution has taken place;
(B) for the purpose of complying with the VOC limits specified in section 94509(a), different dilution instructions for Type “A” areas and Nontype “A” areas of California may be specified on the product label if the dilution instructions 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 dilution that applies in Type “A” areas and Nontype “A” areas of California, and If the dilution instructions specified on the product 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.
(C) The dilution instructions on the product label may indicate that the consumer follow the dilution instructions for Type “A” areas if traveling during times when freezing temperatures are expected.
(4) For products sold in pump spray containers, the VOC limits specified in section 94509(a) shall apply to the product prior to any minimum recommended dilution.
(c) Sell-through of products.
(1) Sell-through period. Notwithstanding the provisions of Sections 94509(a), 94509(j), or 94509(o), a consumer product manufactured prior to each of the effective dates specified for that product in the Table of Standards may be sold, supplied, or offered for sale for up to three years after each of the specified effective dates. This subsection (c) also does not apply to:
(A) any consumer product which does not display on the 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 Product” that contain para-dichlorobenzene; these products are subject to the one-year sell-through period specified in section 94509(m)(2).
(D) Products contained in multi-unit packages, as specified below:
1. Subsection (c)(1) does not apply to any individual consumer products unit contained within a multi-unit package that is produced 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 display the date of assembly, such that the displayed information is not readily observable without irreversibly disassembling any portion of the container or packaging.
2. For the purposes of this section, “date of assembly” means the date that the individual product units are assembled into the finished 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 units, the “date of assembly” shall be the “date of manufacture” for all of the product units contained 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).
(2) Notification for products sold during the sell-through 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 writing of the date on which the sell-through period for that product will end, provided, however, that this notification must be given only if all of the following conditions are met:
(A) the product is being sold or supplied to a distributor or retailer;
(B) the sell-through period for the product will expire 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 an 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 Rodenticide Act, (FIFRA; 7 U.S.C. Section 136-136y), the effective date of the VOC standards specified in subsection (a) is one year after the date specified in the Table 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 the 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-difluoroethane),
CFC-115 (chloropentafluoroethane), halon 1211 (bromochlorodifluoromethane), 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-trichloroethane, and carbon tetrachloride.
(f) The requirements of section 94509(e) shall not apply to any existing product formulation that complies with the Table of Standards or any existing product formulation that is reformulated to meet the Table of Standards, provided the ozone depleting compound content of the reformulated product does not increase.
(g) The requirements of section 94509(e) shall not apply to any ozone-depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.
(h) Requirements for charcoal lighter materials. The following requirements shall apply to all charcoal lighter material products as defined in section 94508(a):
(1) Regulatory Standards
(A) In all areas of California except the South Coast Air Quality Management District, no person shall sell, supply, or offer for sale after January 1, 1993 any charcoal lighter material product unless at the time of the transaction:
1. the manufacturer or distributor of the charcoal lighter material has been issued a currently effective certification pursuant to subsection (h)(2).
2. the charcoal lighter material meets the formulation criteria and other conditions specified in the applicable Executive Order 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 pursuant to subsection (h)(2)(C).
(B) In the South Coast Air Quality Management District, the regulatory standards specified in subsection (h)(1)(A) shall be applicable upon the effective date of this subsection.
(2) Certification Requirements
(A) No charcoal lighter material formulation shall be certified under this subsection unless the applicant for certification demonstrates to the Executive Officer's satisfaction that the VOC emissions from the ignition 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 Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, dated February 27, 1991 (the “SCAQMD Rule 1174 Testing Protocol”). The provisions relating to LVP-VOC in sections 94508(a) and 94510(d) shall not apply to any charcoal lighter material subject to the requirements of sections 94509(a) and (h).
(B) The Executive Officer may approve alternative test procedures which are shown to provide equivalent results to those obtained using the SCAQMD Rule 1174 Testing Protocol.
(C) A manufacturer or distributor of charcoal lighter material may apply to the Executive Officer for certification of a charcoal lighter material formulation in accordance with this subsection (h)(2). The application 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 appear 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 used 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 incorporated into the charcoal, such as certain “bag light,” “instant light,” or “match light” products.
3. For a charcoal lighter material which meets the criteria specified in subsection (h)(2)(C)(2.)(i), the usage instructions provided to the Executive Officer shall accurately reflect the quantity of charcoal lighter material used in the SCAQMD Rule 1174 Testing Protocol for that product.
4. Any physical property data, formulation data, or other information required by the Executive Officer for use in determining when 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, the Executive Officer shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete. Within 30 days of receipt of additional information, the Executive Officer shall advise the applicant in writing either that the application is complete, or that specified additional information or testing is still required before it can be deemed complete.
(E) If the Executive Officer finds that an application meets the requirements of this subsection (h)(2), then he or she shall issue an Executive Order certifying the charcoal lighter material formulation and specifying such conditions as are necessary to insure that the requirements of this subsection (h) are met. The Executive Officer shall act on a complete application within 90 days after the application is deemed complete.
(3) Notice of Modifications
For any charcoal lighter material for which certification has been granted pursuant to subsection (h)(2), the applicant for certification shall notify the Executive Officer in writing within 30 days of: (i) any change in the 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 VOC emissions greater than 0.020 pound of VOC per start.
(4) Revocation of Certification
If the Executive Officer determines that any certified charcoal lighter material formulation results in VOC emissions from the ignition 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 analysis procedures contained therein, the Executive Officer shall revoke or modify the certification as is necessary to assure that the charcoal lighter material will result in VOC emissions of less than or equal to 0.020 pound of VOC per start. The Executive Officer shall not revoke or modify the prior certification without first affording 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 the certification should be modified or revoked.
(5) Notwithstanding any other provision of this subsection 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 of 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 requirements of sections 94509(h) upon the effective date of this subsection, regardless of the date on which the products were manufactured.
(i) Requirements for aerosol adhesives (as defined in section 94508(a)(1)).
(1) As specified in Health and Safety Code section 41712(h)(2), the standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in sections 94509(c), 94510, 94511, and 94514, no person shall sell, supply, offer for sale, use or manufacturer for sale in California any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the specified standard.
(2)(A) In order to qualify as a “Special Purpose Spray Adhesive” the product must meet one or more of the definitions for “Special Purpose Spray Adhesive” specified in section 94508(a)(1), but if the product label indicates that the product is suitable for use on any substrate or application 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 “Mist Spray Adhesive.”
(B) If a product meets more than one of the definitions specified in section 94508(a)(1) for “Special Purpose Spray Adhesive,” and is not classified as a “Web Spray Adhesive” or “Mist Spray Adhesive” under subsection 94509(i)(2)(A), then the VOC limit for the product shall be the lowest applicable VOC limit specified in section 94509(a).
(3) All aerosol adhesives must comply with the labeling requirements specified in section 94512(d), and all manufacturers and responsible parties for aerosol adhesives must comply with the special reporting requirements specified in section 94513(d).
(j) Requirements for Floor Wax Strippers. After an effective date of January 1, 2002, no person shall sell, supply, offer for sale, or manufacture for use in California any floor wax stripper unless the following requirements are met:
(1) The label of each nonaerosol floor wax stripper 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 nonaerosol floor wax stripper is also intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper 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” or “heavy build-up” are not specifically required, as long as comparable terminology is used.
(k) Effective dates of the VOC limits for “Carburetor or Fuel-injection Air Intake Cleaners” and “Construction, Panel, or Floor Covering Adhesives.” The definitions for the product categories of “Carburetor or Fuel-injection Air Intake Cleaners” and “Construction, Panel, or Floor Covering Adhesives” were modified as part of the “Mid-term Measures II” rulemaking action that was considered by the Board in October 1999. As a result of these modifications, certain types of consumer products were included in these definitions that had not previously been included. For those consumer products that were included in these definitions for the first time as a result of the “Mid-term Measures II” rulemaking action, the VOC limits (in section 94509(a)) applicable to these newly 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 Fluid (Pre-Mixed)” as defined in section 94508(a).
(m) Requirements limiting the use of specific toxic compounds in specific consumer products categories.
(1) Requirements for products listed in Table (m)(1)(A) and Table 94509(m)(1)(B).
Except as provided below in sections 94509(m)(4), (m)(6), and (m)(7), after the applicable effective date specified in Tables 94509(m)(1)(A) and 94509(m)(1)(B) for each product category, no person shall sell, supply, offer for sale, or manufacture for use in California any consumer product:
(A) listed in Table 94509(m)(1)(A) that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene; or
(B) listed in Table 94509(m)(1)(B) that contains any of the following compounds: parachlorobenzotrifluoride, methylene chloride, perchloroethylene, or trichloroethylene.
Table 94509(m)(1)(A) Product Categories in which Use of Methylene Chloride, Perchloroethylene, and Trichloroethylene is Prohibited
Product Category
Effective Date
Sell- through Date
Adhesive:
Aerosol
• Mist Spray Adhesive
1/1/2002
1/1/2005
• Web Spray Adhesive
1/1/2002
1/1/2005
• Special Purpose Spray Adhesive
• Automobile Headliner Adhesive
1/1/2002
1/1/2005
• Automotive Engine Compartment Adhesive
1/1/2002
1/1/2005
• Flexible Vinyl Adhesive
1/1/2002
1/1/2005
• Laminate Repair/Edgebanding Adhesive
1/1/2002
1/1/2005
• Mounting Adhesive
1/1/2002
1/1/2005
• Plastic Pipe Adhesive
8/1/2022
8/1/2025
• Polyolefin Adhesive
1/1/2002
1/1/2005
• Polystyrene Foam Adhesive
1/1/2002
1/1/2005
• Screen Printing Adhesive
1/1/2017
1/1/2020
Construction, Panel or Floor Covering Adhesive
12/31/2008
12/31/2011
Contact Adhesive
• Contact Adhesive -- General Purpose
12/31/2005
12/31/2008
• Contact Adhesive -- Special Purpose
12/31/2005
12/31/2008
Adhesive Remover
12/31/2006
12/31/2009
• Floor or Wall Covering Adhesive Remover
• Gasket or Thread Locking Adhesive Remover
• General Purpose Adhesive Remover
• Specialty Adhesive Remover
Automotive Consumer Products:
See the Airborne Toxic Control Measure For Emissions Of Chlorinated
Toxic Air Contaminants From Automotive Maintenance And Repair Activities, section 93111, title 17, California Code of Regulations for additional requirements that apply to the Automotive Consumer Products: Brake Cleaner, Carburetor or Fuel Injection Air Intake Cleaner, Engine Degreaser, and General Purpose Degreaser -- intended for use in automotive maintenance or repair activities.
Bathroom and Tile Cleaner
12/31/2008
12/31/2011
Carpet/Upholstery Cleaner
12/31/2010
12/31/2013
Electrical Cleaner
12/31/2006
12/31/2009
Electronic Cleaner
12/31/2005
12/31/2008
Electronic Cleaner labeled as energized electronic equipment use only
12/31/2008
12/31/2011
Fabric Protectant
12/31/2010
12/31/2013
Footwear or Leather Care Product
12/31/2005
12/31/2008
General Purpose Cleaner
12/31/2008
12/31/2011
General Purpose Degreaser
12/31/2005
12/31/2008
Graffiti Remover
12/31/2006
12/31/2009
Lubricant:
• Anti-Seize Lubricant
12/31/2013
12/31/2016
• Cutting or Tapping Oil
12/31/2013
12/31/2016
• Gear, Chain, or Wire Lubricant
12/31/2013
12/31/2016
• Multi-purpose Lubricant (excluding solid or semisolid products)
12/31/2019
7/1/2022
• Penetrant [See subsection 94509(m)(7) for an exclusion that
applies to certain Penetrant products.]
12/31/2010
12/31/2013
• Rust Preventative or Rust Control Lubricant
12/31/2013
12/31/2016
• Silicone-based Multi-purpose Lubricant (excluding solid or semisolid products)
12/31/2012
12/31/2015
Metal Polish or Cleanser
12/31/2012
12/31/2015
Multi-purpose Solvent
• aerosol
1/1/2016
1/1/2019
• nonaerosol
12/31/2010
12/31/2013
Oven or Grill Cleaner
12/31/2008
12/31/2011
Paint Thinner
• aerosol
1/1/2016
1/1/2019
• nonaerosol
12/31/2010
12/31/2013
Pressurized Gas Duster (Trichloroethylene is not prohibited)
12/31/2010
12/31/2011
Single Purpose Cleaner
1/1/2017
1/1/2020
Single Purpose Degreaser
1/1/2017
1/1/2020
Sealant or Caulking Compound
12/31/2010
12/31/2013
Spot Remover
12/31/2012
12/31/2015
Table94509(m)(1)(B)
Product Categories in which Use of Parachlorobenzotrifluoride, Methylene Chloride, Perchloroethylene, and Trichloroethylene is Prohibited
Product Category
Effective Date
Sell- through Date
Air Fresheners
• Manual Aerosol Air Freshener
1/1/2023
1/1/2026
• Concentrated Aerosol Air Freshener
1/1/2023
1/1/2026
• Total Release Aerosol Air Freshener
1/1/2023
1/1/2026
Crawling Bug Insecticide (aerosol)
1/1/2030
1/1/2033
Hair Care Products
• Dry Shampoo
1/1/2023
1/1/2026
• Hair Finishing Spray
1/1/2023
1/1/2026
• Hair Shine
1/1/2029
1/1/2032
• Temporary Hair Color
1/1/2029
1/1/2032
Personal Fragrance Products
• comprised of less than or equal to 7 percent fragrance
1/1/2023
1/1/2026
• comprised of between 7 and less than or equal to 10 percent fragrance
1/1/2031
1/1/2034
(2) Requirements for products listed in Table (m)(2).
Except as provided below in sections 94509(m)(4) after the applicable effective date specified in Table 94509(m)(2) for each product category, no person shall sell, supply, offer for sale, or manufacture for use in California any consumer product listed in Table 94509(m)(2) that contains para-dichlorobenzene.
Table 94509(m)(2) Product Categories in which Use of Para-dichlorobenzene is Prohibited
Product Category
Effective Date
Sell-through Date
Air Freshener (solid)
12/31/2005
12/31/2006
Toilet/Urinal Care Products
12/31/2005
12/31/2006
(3) Requirements for products listed in Table (m)(3).
Except as provided below in sections 94509(m)(4) and (m)(6), after the applicable effective date specified in Table 94509(m)(3) for each product category, no person shall sell, supply, offer for sale, or manufacture for use in California any consumer product listed in Table 94509(m)(3) that contains an alkylphenol ethoxylate surfactant compound.
Table 94509(m)(3) Product Categories in which Use of Alkylphenol Ethoxylate Surfactants is Prohibited
Product Category
Effective Date
Sell-through Date
General Purpose Cleaner
(nonaerosol)
12/31/2012
12/31/2015
General Purpose Degreaser
(nonaerosol)
12/31/2012
12/31/2015
Glass Cleaner (nonaerosol)
12/31/2012
12/31/2015
Heavy-duty Hand Cleaner or
Soap (nonaerosol)
12/31/2013
12/31/2016
Oven or Grill Cleaner
12/31/2012
12/31/2015
(4) Sell-through of Products. Consumer products listed in Tables 94509(m)(1)(A), (m)(1)(B), (m)(2), or (m)(3) that were manufactured before the specified effective date listed in Table 94509(m)(1)(A), (m)(1)(B), (m)(2), or (m)(3), may be sold, supplied, or offered for sale until the corresponding “sell-through” date listed in Table 94509(m)(1)(A), (m)(1)(B), (m)(2), or (m)(3), so long as the product complies with the product dating requirements in section 94512(b).
(5) Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product identified listed in section 94509(m)(1)(A), (m)(1)(B), (m)(2), or (m)(3) must notify the purchaser of the product of the sell-through period dates, 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 or retailer; and
(B) the product is sold or supplied within 6 months of the specified effective date.
(6) Impurities. The requirements of section 94509(m)(1)(A), (m)(1)(B), and (m)(5) shall not apply to any consumer product listed in Tables 94509(m)(1)(A) or (m)(1)(B), containing parachlorobenzotrifluoride, methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight.
(7) The requirements of section 94509(m)(1)(A), shall not 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 statement: “Nonflammable: For use on energized equipment only.”
(n) Requirements limiting the use of any chemical compound that has a Global Warming Potential (GWP) Value of 150 or greater.
Table94509(n)(1)
Product Categories in which Use of Any Chemical Compound that has a Global Warming Potential (GWP) Value of 150 or Greater is Prohibited1
Product Category
Effective Date
Sell-through Date
Adhesive:
Aerosol
•
Mist Spray Adhesive
1/1/2017
1/1/2020
•
Web Spray Adhesive
1/1/2017
1/1/2020
•
Special Purpose Adhesive
• Plastic Pipe Adhesive
8/1/2022
8/1/2025
• Screen Printing Adhesive
1/1/2017
1/1/2020
Double Phase Aerosol Air Freshener (manufactured before January 1, 2023)
12/31/2012
12/31/2015
Aerosol Air Freshener
(manufactured on or after January 1, 2023)
•
Manual Aerosol Air Freshener
1/1/2023
1/1/2026
•
Concentrated Aerosol Air Freshener
1/1/2023
1/1/2026
•
Total Release Aerosol Air Freshener
1/1/2023
1/1/2026
Crawling Bug Insecticide (aerosol)
1/1/2030
1/1/2033
Flying Bug Insecticide
12/31/2013
12/31/2016
Furniture Maintenance Product
12/31/2013
12/31/2016
Hair Care Products
•
Dry Shampoo
1/1/2023
1/1/2026
•
Hair Finishing Spray
1/1/2023
1/1/2026
•
Hair Shine
1/1/2029
1/1/2032
•
Temporary Hair Color
1/1/2029
1/1/2032
Lubricant:
•
Anti-Seize Lubricant
12/31/2013
12/31/2016
•
Cutting or Tapping Oil
12/31/2013
12/31/2016
•
Gear, Chain, or Wire Lubricant
12/31/2013
12/31/2016
•
Multi-purpose Lubricant (excluding solid or semisolid products)
7/1/2019
7/1/2022
•
Rust Preventative or Rust Control Lubricant
12/31/2013
12/31/2016
Metal Polish or Cleanser
12/31/2012
12/31/2015
Multi-purpose Solvent
•
aerosol
1/1/2016
1/1/2019
•
nonaerosol
12/31/2010
12/31/2013
Paint Thinner
•
aerosol
1/1/2016
1/1/2019
•
nonaerosol
12/31/2010
12/31/2013
Personal Fragrance Products
•
comprised of less than or equal to 7 percent fragrance
1/1/2023
1/1/2026
•
comprised of between 7 and less than or equal to 10 percent fragrance
1/1/2031
1/1/2034
Pressurized Gas Duster
12/31/2010
12/31/2011
Spot Remover
12/31/2012
12/31/2015
Wasp or Hornet Insecticide
12/31/2013
12/31/2016
1 -- Consumer products may also be subject to requirements in title 17, CCR, section 95371 et seq.
(1) Requirements for products listed in Table (n)(1)
Except as provided below in sections 94509(n)(2) and (n)(3), after the applicable effective date specified in Table 94509(n)(1), no person shall sell, supply, offer for sale, or manufacture for use in California any consumer product listed in Table 94509(n)(1) that contains any chemical compound that has a GWP Value of 150 or greater.
Table 94509(n)(1) Product Categories in which Use of Any Chemical Compound that has a Global Warming Potential (GWP) Value of 150 or Greater is Prohibited
Product Category
Effective Date
Sell-through Date
Aerosol Adhesive:
• Mist Spray Adhesive
1/1/2017
1/1/2020
• Web Spray Adhesive
1/1/2017
1/1/2020
• Screen Printing Adhesive
1/1/2017
1/1/2020
Double Phase Aerosol Air Freshener
12/31/2012
12/31/2015
Flying Bug Insecticide
12/31/2013
12/31/2016
Furniture Maintenance Product
12/31/2013
12/31/2016
Lubricant:
• Anti-Seize Lubricant
12/31/2013
12/31/2016
• Cutting or Tapping Oil
12/31/2013
12/31/2016
• Gear, Chain, or Wire Lubricant
12/31/2013
12/31/2016
• Multi-purpose Lubricant (excluding solid or semisolid products)
7/1/2019
7/1/2022
• Rust Preventative or Rust Control Lubricant
12/31/2013
12/31/2016
Metal Polish or Cleanser
12/31/2012
12/31/2015
Multi-purpose Solvent
• aerosol
1/1/2016
1/1/2019
• nonaerosol
12/31/2010
12/31/2013
Paint Thinner
• aerosol
1/1/2016
1/1/2019
• nonaerosol
12/31/2010
12/31/2013
Pressurized Gas Duster
12/31/2010
12/31/2011
Spot Remover
12/31/2012
12/31/2015
Wasp or Hornet Insecticide
12/31/2013
12/31/2016
(2) Sell-through of Products. Consumer products listed in Table 94509(n)(1) that were manufactured before the specified effective date listed in Table 94509(n)(1), may be sold, supplied, or offered for sale until the corresponding “sell-through” date listed in Table 94509(n)(1), so long as the product complies with the product dating requirements in section 94512(b).
(3) Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product listed in section 94509(n)(1) must notify the purchaser of the product of the sell-through period dates, 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 or retailer; and
(B) the product is sold or supplied within 6 months of the specified effective date.
(4) Impurities. The requirements of section 94509(n)(1), (n)(2), and (n)(3) shall not apply to any consumer product listed in Table 94509(n)(1) containing any chemical compound that is present as an impurity in a combined amount equal to or less than 0.1% by weight.
(o) Requirements for Fabric Softener -- Single Use Dryer Product.
(1) Effective December 31, 2010, Fabric Softener -- Single Use Dryer Product shall not contain more than 0.05 grams of VOC per use. Compliance with the VOC limit shall be determined per sheet, or equivalent delivery substrate, based on the minimum recommended use for a single drying cycle specified on the product packaging or label. In other words, if one sheet is the minimum recommended use for a single drying cycle, then the VOC limit applies 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 purposes of this subsection, “minimum recommended use” shall not include recommendations for incidental use of additional sheets, or equivalent delivery substrate, for limited applications such as for extra large or double loads of washable fabrics in large capacity clothes dryers.
(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(o)(1).
(p) Additional requirements for “Multi-purpose Solvent” and “Paint Thinner.”
(1) Aromatic Compound Content.
(A) Nonaerosol “Multi-purpose Solvent” and “Paint Thinner” products. Except as provided below in sections 94509(p)(2)(A), effective December 31, 2010, no person shall sell, supply, offer for sale, or manufacture for use in California a nonaerosol “Multi-purpose Solvent” or “Paint Thinner” product that contains greater than 1% “Aromatic Compound” content by weight.
(B) Aerosol “Multi-purpose Solvent” and “Paint Thinner” products. Except as provided below in sections 94509(p)(2)(B), effective January 1, 2016, no person shall sell, supply, offer for sale, or manufacture for use in California an aerosol “Multi-purpose Solvent” or “Paint Thinner” product that contains greater than 1% “Aromatic Compound” content by weight.
(2) Sell-through of Products.
(A) Nonaerosol “Multi-purpose Solvent” and “Paint Thinner” products. Nonaerosol “Multi-purpose Solvent” and “Paint Thinner” products that contain greater than 1% “Aromatic Compound” content by weight; and were manufactured before December 31, 2010, may be sold, supplied, or offered for sale until December 31, 2013, so long as these products comply with the product dating requirements in section 94512(b).
(B) Aerosol “Multi-purpose Solvent” and “Paint Thinner” products. Aerosol “Multi-purpose Solvent” and “Paint Thinner” products that contain greater than 1% “Aromatic Compound” content by weight; and were manufactured before January 1, 2016, may be sold, supplied, or offered for sale until January 1, 2019, so long as these products comply with the product dating requirements in section 94512(b).
(3) Notification for products sold during the sell-through period.
(A) Nonaerosol “Multi-purpose Solvent” and “Paint Thinner” products. Any person who sells or supplies a consumer product identified in section 94509(p)(2)(A) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2013, provided, however, this notification must be given only if both of the following conditions are met:
1. the product is sold or supplied to a distributor or retailer; and
2. the product is sold or supplied on or after June 30, 2013.
(B) Aerosol “Multi-purpose Solvent” and “Paint Thinner” products. Any person who sells or supplies a consumer product identified in section 94509(p)(2)(B) must notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2019, provided, however, this notification must be given only if both of the following conditions are met:
1. the product is sold or supplied to a distributor or retailer; and
2. the product is sold or supplied on or after June 30, 2018.
(4) Requirements for 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 (SCAQMD).
(A) Nonaerosol products that are sold, supplied, offered for sale, or manufactured for use in the SCAQMD that meet the definition of “Paint Thinner” or “Multi-purpose Solvent” do not meet the criteria for any other consumer product category and do not qualify under a definition of any other consumer product category that is defined in section 94508(a), regardless of any representation made that the product may be used as, or is suitable for use as another category of consumer product that is defined in section 94508(a).
(B) Standards for nonaerosol “Multi-purpose Solvent” and “Paint Thinner” products sold, supplied, offered for sale, or manufactured for use in the SCAQMD.
1. Effective December 31, 2010, no person shall sell, supply, offer for sale, or manufacture for use in the SCAQMD any nonaerosol “Multi-purpose Solvent” or “Paint Thinner” product which, at the time of sale or manufacture, contains VOCs in excess of 30 percent by weight, as determined in accordance with procedures specified in section 94515(a) - (i) and as set forth in ARB Method 310, adopted September 25, 1997 and as last amended on August 1, 2014, which is incorporated herein by reference.
2. Effective December 31, 2013, no person shall sell, supply, offer for sale, or manufacture for use in the SCAQMD any nonaerosol “Multi-purpose Solvent” or “Paint Thinner” product which, at the time of sale or manufacture, contains VOCs in excess of 3 percent by weight, as determined in accordance with procedures specified in section 94515(a) - (i) and as set forth in ARB Method 310, as last amended on August 1, 2014.
3. Effective January 1, 2015, no person shall sell, supply, offer for sale, or manufacture for use in the SCAQMD any nonaerosol “Multi-purpose Solvent” or “Paint Thinner” product that contains VOCs in excess of 25 grams per liter of material (g/L) or 0.21 pounds per gallon (lb/Gal), as determined in accordance with procedures specified in section 94515(j) and as set forth in ARB Method 310, as last amended on August 1, 2014. As specified in section 94515(j) and section 3.6 of ARB Method 310, determination of the LVP-VOC content does not apply because there is no LVP-VOC exemption for these products.
(C) The provisions in sections 94509(m)(1), 94509(n), 94509(p)(1), (2) and (3), 94512(a)(4), and 94512(e) shall apply to any nonaerosol “Multi-purpose Solvent” or “Paint Thinner” product sold, supplied, offered for sale, or manufactured for use in the SCAQMD.
(D) Sell-through of Products. Nonaerosol “Multi-purpose Solvent” or “Paint Thinner” products sold, supplied, offered for sale, or manufactured for use in the SCAQMD that were manufactured before January 1, 2015, may be sold, supplied, or offered for sale until January 1, 2018, so long as these products comply with the product dating requirements in section 94512(b).
(E) Notification for products sold during the sell-through period.
Any person who sells or supplies a nonaerosol “Multi-purpose Solvent” or “Paint Thinner” product identified in section 94509(p)(4)(D) must notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2018, provided, however, this notification must be given only if both of the following conditions are met:
1. the product is sold or supplied to a distributor or retailer; and
2. the product is sold or supplied on or after June 30, 2017.
(q) Effective dates of the VOC limits for “Oven or Grill Cleaner.” The definition for the “Oven or Grill Cleaner” product category was modified as part of a rulemaking action to amend the California Consumer Products Regulation that was considered by the Board in November 2010. As a result of this modification, grill cleaning products were included in this definition that had not previously been included. For those grill cleaning products that were included in this definition for the first time as a result this rulemaking action, the VOC limits (in section 94509(a)) applicable to these newly included products shall not become legally effective until December 31, 2012.
(r) Alternate compliance option for “Multi-purpose Lubricant” products.
(1) For the purpose of subsections 94509(r), 94513(h), and 94515(k), the following definitions apply:
(A) “Base Reactive Organic Gas Mixture (Base ROG Mixture)” means the mixture of reactive organic gases utilized in deriving the maximum incremental reactivity scale.
(B) “Chemical Compound” means a molecule of definite chemical formula and chemical structure.
(C) “Chemical Mixture” means a substance comprised of two or more chemical compounds.
(D) “Ingredient” means a chemical compound or a chemical mixture.
(E) “Maximum Incremental Reactivity (MIR)” means the maximum change in weight of ozone formed by adding a compound to the Base ROG Mixture per weight of compound added, expressed to hundredths of a gram (g O3/g ROC).
(F) “Product Formulation” means the weight fraction of all ingredients.
(G) “Production Records” mean product formulation information disclosing the actual quantity of all ingredients used to manufacture a “Multi-purpose Lubricant” product on the date of manufacture. Such records shall include:
1. Batch production record with the date of manufacture;
2. Quality control records;
3. Raw materials invoices and physical property data;
4. Production equipment maintenance records;
5. Records of the weight fraction of all ingredients including the hydrocarbon solvent bin number, as listed in section 94701, manufacturer name, and trade name. For ingredients not listed in sections 94700, 94701, or 94509(r)(5), each chemical compound in the mixture must be reported separately; and
6. Any laboratory results of testing conducted at the time of manufacture to establish the VOC content and reactivity of the product.
(H) “Product-Weighted MIR (PWMIR)” means the sum of all weighted-MIR for all ingredients in a “Multi-purpose Lubricant” product. The PWMIR is the total product reactivity expressed to hundredths of a gram of ozone formed per gram of product (g O3/g product), excluding container and packaging.
(I) “Reactive Organic Compound (ROC)” means any compound containing at least one atom of carbon and that has the potential, once emitted, to contribute to ozone formation in the troposphere.
(J) “Reactivity Limit” means the maximum ozone forming potential of ingredients (excluding container and packaging) allowed in a “Multi-purpose Lubricant” product, expressed as the PWMIR.
(2) “Multi-purpose Lubricant” products subject to the 10 percent by weight VOC standard in section 94509(a) may comply by meeting the provisions of this subsection. “Multi-purpose Lubricant” products subject to the most restrictive limit provisions in subsection 94512(a) are ineligible to comply using this subsection. “Multi-purpose Lubricant” products subject to an Alternative Control Plan are ineligible to comply using this subsection.
To qualify for this compliance option, a Responsible Party must meet the following criteria:
(A) The Responsible Party must identify the product(s) that will comply by meeting the Reactivity Limit specified in subsection 94509(r)(3);
(B) The Responsible Party must declare the VOC content of the product(s) and the VOC content must not exceed 25 percent by weight; and
(C) The Responsible Party must provide the Executive Officer with the formulation of the product(s), as specified in subsection 94513(h).
(D) Until July 1, 2019, the Responsible Party must provide to the Executive Officer the information required in subsection 94509(r)(2)(A) through (2)(C) at least 90 calendar days before the effective date of the 10 percent by weight VOC standard.
(E) On or after July 1, 2019, the Responsible Party must provide to the Executive Officer the information required in subsection 94509(r)(2)(A) through (2)(C) at least 30 calendar days before a new product is made available on the market.
(F) If any criteria of subsection 94509(r)(2) are not met, a product will not qualify for the alternate compliance option and will be subject to the 10 percent by weight VOC standard specified in subsection 94509(a) for “Multi-purpose Lubricant” (excluding solid or semisolid products).
(G) A Responsible Party using the alternate compliance option for a future product must meet the criteria in subsection 94509(r)(2).
(3) “Multi-purpose Lubricant” products complying under this subsection shall not exceed a Reactivity Limit of 0.45 g O3/g product.
(4) The PWMIR shall be calculated according to the following equation:
Product-Weighted MIR = (Wtd-MIR)1 + (Wtd-MIR)2 +...+ (Wtd-MIR)n
where:
MIR = ingredient MIR, as specified in subsection 94509(r)(5);
Wtd-MIR = MIR of each ingredient in a product multiplied by the weight fraction of that ingredient; and 1,2,3,...,n = each ingredient in the product up to the total n ingredients in the product.
To calculate the PWMIR of a “Multi-purpose Lubricant,” the MIR values dated October 2, 2010, as set forth in Subchapter 8.6, Article 1, section 94700 or 94701, and the MIR values specified in subsection 94509(r)(5) must be used until at least July 1, 2021. All ingredients present in the formulation in an amount equal to or exceeding 0.1 percent by weight must be used to calculate the PWMIR.
(5) Assignment of Maximum Incremental Reactivity (MIR) Values.
The MIR values of product ingredients are assigned as follows:
(A) Any ingredient which does not contain at least one atom of carbon is assigned an MIR value of 0.0;
(B) Carbon dioxide is assigned an MIR value of 0.0;
(C) Ingredients that are solid are assigned an MIR value of 0.0;
(D) For aliphatic hydrocarbon solvent “Alkane Mixed -- Minimally 90% C13 and higher carbon number,” the MIR value of 0.60 g O3/g ROC must be used to calculate the PWMIR; and
(E) For fragrance, as defined in section 94508(a)(54), present in a “Multi-purpose Lubricant” product, the MIR value for terpinolene, as listed in section 94700, must be used to calculate the PWMIR unless detailed fragrance ingredients information is available to determine the MIR value of the fragrance.
(F) Any ingredient not covered under subsections 94509(r)(5)(A), (5)(B), (5)(C), (5)(D), or (5)(E) is assigned the MIR value for that ingredient as set forth in section 94700 or 94701.
(G) lf a ROC is not listed in section 94700 but an isomer(s) of the ROC is listed, then the MIR value for the isomer must be used. If more than one isomer is listed, the listed MIR value for the isomer with the highest MIR value must be used.
(H) If a ROC or its isomer(s) is not listed in section 94700, the MIR value for Base ROG Mixture must be used to determine the weighted MIR of the ROC to calculate the PWMIR.
(I) If a new ingredient is added to section 94700 or 94701, the MIR value for the new ingredient must be used instead of the value specified in subsection 94509(r)(5)(G) or (5)(H) to calculate the PWMIR after the effective date of the MIR value.

Credits

Note: Authority cited: Sections 38500, 38501, 38510, 38560, 38560.5, 38562, 38562.5, 38566, 38580, 39515, 39516, 39600, 39601, 39650, 39658, 39659, 39666, 41503.5, 41511 and 41712, Health and Safety Code. Reference: Sections 38501, 38505, 38551, 39002, 39003, 39600, 39602, 39650, 39655, 39656, 39658, 39659, 39666, 40000, 41504, 41511 and 41712, Health and Safety Code.
History
1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment of table in subsection (a), new table in subsection (a), amendment of subsections (c)-(f), redesignating of subsection (f)(2) to (g) and amendment, and new subsections (h)-(h)(5) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
4. Amendment of subsection (a) filed 12-23-97; operative 12-23-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 52).
5. Amendment filed 7-17-98; operative 8-16-98 (Register 98, No. 29).
6. Amendment of subsection (a) filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
7. Amendment implementing Mid-Term Measures II redesigning table of standards and adding subsections (k)-(l) filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42).
8. Amendment of Table of Standards, amendment and redesignation of portion of subsection (i) as subsection (i)(1), new subsections (i)(2)-(4) and amendment of Note filed 4-18-2001; operative 5-18-2001 (Register 2001, No. 16).
9. Amendment of section and Note filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
10. Amendment of subsections (a), (e), (h)(1)(A), (i), (i)(2)(A)-(B) and (l) and new subsections (p)-(p)(4) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45).
11. Amendment of subsection (a), new subsection (b)(4), amendment of subsections (c)(1)(C), (e), (h), (h)(2)(A), (h)(2)(C)3., (i)(2)(A)-(B), (l) and (p)(2), new subsections (q)-(s)(2) and amendment of Note filed 6-18-2009; operative 7-18-2009 (Register 2009, No. 25).
12. Amendment of subsection (a) -- Table of Standards and subsections (b)(3), (i)(3), (m)(2), (n)(2), (o)(1) and (r)(5) and new subsections (t)-(u)(4)(B) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
13. Editorial correction of subsection (a) -- Table of Standards (Register 2010, No. 52).
14. Amendment filed 11-10-2011; operative 12-10-2011 (Register 2011, No. 45).
15. Amendment of “Automotive Windshield Washer Fluid” product category within subsection (a) -- Table of Standards, amendment of subsections (b)(3), (b)(3)(B) and (b)(3)(B)3. and new subsection (b)(3)(C) filed 4-25-2013; operative 7-1-2013 (Register 2013, No. 17).
16. Amendment of subsections (a), (b)(1), (i), (i)(2)(A)-(B), (k), (m)(1), (n)(1) and (p)-(p)(3)(A)2. and new subsections (p)(3)(B)-(p)(4)(E)2. filed 9-17-2014; operative 1-1-2015 (Register 2014, No. 38).
17. Amendment of “Gear, Chain or Wire Lubricant aerosol” and “Multi-purpose Lubricant” categories and corresponding footnotes within subsection (a) -- Table of Standards, addition of “Multi-purpose Lubricant” product category within Table (n)(1) and new subsections (r)(1)-(r)(5)(I) filed 12-31-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
18. Amendment of subsections (a) and (m)(1), new subsections (m)(1)(A)-(B), amendment of subsections (m)(4)-(5), (m)(6)-(7) and (n)(1) 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.
This database is current through 5/26/23 Register 2023, No. 21.
Cal. Admin. Code tit. 17, § 94509, 17 CA ADC § 94509
End of Document