CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 6-Z
150CONSIDERATION OF ALTERNATIVES
The Board must determine that no reasonable 
alternative that it considered to the regulation or 
that has otherwise been identified and brought to its 
attention, would be more effective in carrying out 
the purpose for which the present action is proposed, 
would be as effective and less burdensome to affected 
private persons than the proposal described in this 
Notice, or would be more cost–effective to affected 
private persons and equally effective in implementing 
the statutory policy or other provision of law.
The following alternatives were considered:
● Option 1:  To pursue a regulatory change that 
requires the Board to find rehabilitation if the 
applicants completed the terms of their criminal 
probation or parole. Courts give little weight to the 
fact that an applicant did not commit additional 
crimes or continue addictive behavior while in 
prison or while on probation or parole, since they 
are under the direct supervision of correctional 
authorities and are required to behave in an 
exemplary fashion. As such, the Board believes 
that reviewing each individual on the basis of 
multiple criteria is the better indicator as to 
whether individuals are rehabilitated and not a 
danger to the public’s health, safety, and welfare. 
For these reasons, the Board rejected this option.
● Option 2:  Do nothing; meaning the Board would 
not adopt the regulations. The Board opted not to 
pursue this option because the Board is interested 
in reducing the barriers to licensure for those 
who have criminal convictions but have shown 
themselves to be rehabilitated.
INITIAL STATEMENT OF  
REASONS AND INFORMATION
The Board has prepared an initial statement of 
reasons for the proposed action and has available all 
the information upon which the proposal is based.
TEXT OF PROPOSAL
Copies of the exact language of the proposed 
regulations, the Initial Statement of Reasons, and all 
the information, upon which the proposal is based, 
may be obtained upon written request from:
Kristin Walker, Assistant Executive Officer  
901 P Street, Suite 142A  
Sacramento, California 95814  
(916) 263–5365  
chiro.rulemaking@dca.ca.govAVAILABILITY AND LOCATION OF THE 
FINAL STATEMENT OF REASONS AND 
RULEMAKING FILE
All the information upon which the proposed 
regulations are based is contained in the rulemaking 
file that is available for public inspection by contacting 
the person named below.
You may obtain a copy of the final statement of 
reasons, once it has been prepared, by making a 
written request to the contact person named below or 
by accessing the website, https://www.chiro.ca.gov/
laws_regs/prop_regs.shtml .
CONTACT PERSON
Inquiries concerning the proposed administrative 
action may be directed to:
Name:  
 Kristin Walker, Assistant Executive Officer  
Address:  
 901 P Street, Suite 142A  
 Sacramento, California 95814  
Telephone:  
 (916) 263–5365  
Fax: (916) 327–0047  
E–mail:  chiro.rulemaking@dca.ca.gov
The backup contact person is:
Name:  
 Dixie VanAllen, Licensing Manager  
Address:  
 901 P Street, Suite 142A  
 Sacramento, C A 95814  
Telephone: (916) 263–5329  
Fax: (916) 327–0047  
E–mail:  chiro.rulemaking@dca.ca.gov
Website Address: Materials regarding this proposal 
can be found at www.chiro.ca.gov .
TITLE 17.  AIR RESOURCES BOARD
Notice of Public Hearing to  
Consider Proposed Amendments to the 
Antiperspirants and Deodorants Regulation; 
Consumer Products Regulation; Aerosol 
Coating Products Regulation; Alternative 
Control Plan Regulation; the Tables of 
Maximum Incremental Reactivity  
Values; and Test Method 310
The California Air Resources Board (CARB or 
Board) will conduct a public hearing at the date and 
time noted below to consider approving for adoption CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 6-Z
151the proposed amendments to the Antiperspirants 
and Deodorants Regulation; Consumer Products 
Regulation; Aerosol Coating Products Regulation; 
Alternative Control Plan Regulation; the Tables of 
Maximum Incremental Reactivity Values; and Test 
Method 310.
DATE: March 25, 2021  
TIME: 9:00 a.m.
Please see the public agenda which will be posted 
ten days before the March 25, 2021, Board Meeting 
for any appropriate direction regarding a possible 
remote–only Board Meeting. If the meeting is to be 
held in person, it will be held at the California Air 
Resources Board, Byron Sher Auditorium, 1001 I 
Street, Sacramento, California 95814.
This item will be considered at a meeting of the 
Board, which will commence at 9:00 a.m., March 25, 
2021, and may continue at 8:30 a.m., on March 26, 
2021. Please consult the agenda for the hearing, which 
will be available at least ten days before March 25, 
2021, to determine the day on which this item will be 
considered.
WRITTEN COMMENT PERIOD AND 
SUBMITTAL OF COMMENTS
In accordance with the Administrative Procedure 
Act, interested members of the public may present 
comments orally or in writing during the hearing and 
may provide comments by postal mail or by electronic 
submittal before the hearing. The public comment 
period for this regulatory action will begin on February 
5, 2021. Written comments not submitted during the 
hearing must be submitted on or after February 5, 
2021, and received no later than March 22, 2021 . 
Comments submitted outside that comment period are 
considered untimely. CARB may, but is not required to, 
respond to untimely comments, including those raising 
significant environmental issues. CARB requests that 
when possible, written and email statements be filed at 
least ten days before the hearing, to give CARB staff  
and Board members additional time to consider each 
comment. The Board also encourages members of the 
public to bring to the attention of staff in advance of 
the hearing any suggestions for modification of the 
proposed regulatory action. Comments submitted in 
advance of the hearing must be addressed to one of 
the following:
Postal mail:  
 Clerks’ Office, California Air Resources Board  
 1001 I Street, Sacramento, California 95814
Electronic submittal : 
 https://www.arb.ca.gov/lispub/comm/bclist.phpPlease note that under the California Public Records 
Act (Gov. Code, § 6250 et seq.), your written and 
oral comments, attachments, and associated contact 
information (e.g., your address, phone, email, etc.) 
become part of the public record and can be released 
to the public upon request.
Additionally, the Board requests but does not 
require that persons who submit written comments to 
the Board reference the title of the proposal in their 
comments to facilitate review.
AUTHORITY AND REFERENCE
This regulatory action is proposed under the 
authority granted in California Health and Safety  
Code sections 38500, 38501, 38510, 38551, 38560, 
38566, 38580, 39000, 39002, 39003, 39515, 39516, 
39600, 39601, 39602, 39607, 39650, 39656, 39659, 
39701, 41503.5, 41504, 41511, 41700, and 41712. This 
action is proposed to implement, interpret, and make 
specific Health and Safety Code sections 38510, 38560, 
38566, 38580, 39002, 39600, 39515, 39516, 39601, 
39607, 39659, 39701, 40000, 41511, 41700, and 41712.
INFORMATIVE DIGEST OF  
PROPOSED ACTION AND POLICY 
STATEMENT OVERVIEW  
(Gov. Code, § 11346.5, subdivision (a)(3))
Sections Affected:  Proposed amendments to 
California Code of Regulations, title 17, sections 
94501, 94502, 94506, 94508, 94509, 94510, 94511, 
94513, 94515, 94521, 94522, 94524, 94526, 94540, 
94541, 94542, 94543, 94544, 94545, 94546, 94547, 
94548, 94549, 94550, 94551, 94552, 94553, 94554, 
94555, 94700; proposed amendments to sections 1, 2, 
3, 4, 5, 6, 8 and Appendix A of Method 310, which 
is incorporated by reference in California Code of 
Regulations, title 17, sections 94506, 94515 and 94526.
Documents Incorporated by Reference (Cal. Code 
Regs., title 1, § 20, subdivision (c)(3)):
1. North American Industry Classification System 
United States, 2017, Executive Office of the 
President, Office of Management and Budget 
(2017). Incorporated in section 94508 (a)(40)(C)
(3);
2. I P C C’s Fifth Assessment Report. Myhre, G., D. 
Shindell, F.–M. Bréon, W. Collins, J. Fuglestvedt, 
J. Huang, D. Koch, J.–F. Lamarque, D. Lee, B. 
Mendoza, T. Nakajima, A. Robock, G. Stephens, 
T. Takemura and H. Zhang, 2013: Anthropogenic 
and Natural Radiative Forcing. In: Climate 
Change 2013: The Physical Science Basis. 
Contribution of Working Group I to the Fifth 
Assessment Report of the Intergovernmental 
Panel on Climate Change [Stocker, T.F., D. CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 6-Z
152Qin, G.–K. Plattner, M. Tignor, S.K. Allen, J. 
Boschung, A. Nauels, Y. Xia, V. Bex and P.M. 
Midgley (eds.)]. Cambridge University Press, 
Cambridge, United Kingdom and New York, NY, 
USA.) Incorporated in section 94511 (c)(2)(B);
3. Method 310, Determination of Volatile Organic 
Compounds (V O C) in Consumer Products and 
Reactive Organic Compounds (R O C) in Aerosol 
Coating Products [Insert date of Amendment]. 
Incorporated by reference in sections 94506(a)(1), 
94515 (a)(1); and 94526(a)(1);
4. The following documents are incorporated 
by reference in the proposed amendments to 
Method 310, Determination of Volatile Organic 
Compounds (V O C) in Consumer Products and 
Reactive Organic Compounds (R O C) in Aerosol 
Coating Products [Insert date of amendment];
 A S T M D5443–14 “Standard Test Method for 
Paraffin, Naphthene, and Aromatic Hydrocarbon 
Type Analysis in Petroleum Distillates 
Through 200°C by Multi–Dimensional Gas 
Chromatography (June 15, 2014).” Incorporated 
by reference in section 2.1.22;
 A S T M D5580–15 “Standard Test Method 
for Determination of Benzene, Toluene, 
Ethylbenzene, p/m–Xylene, o–Xylene, C9 and 
Heavier Aromatics, and Total Aromatics in 
Finished Gasoline by Gas Chromatography 
(December 1, 2015).” Incorporated by reference 
in section 2.1.23;
 NIOSH Methods 1300 “Ketones I, NIOSH 
Manual of Analytical Methods, Fourth Edition 
(August 15, 1994).” Incorporated by reference in 
section 2.1.28;
 NIOSH: Methods 1401 “Alcohols II, NIOSH 
Manual of Analytical Methods, Fourth Edition 
(August 15, 1994).” Incorporated by reference in 
section 2.1.30;
 NIOSH: Methods 1402 “Alcohols III, NIOSH 
Manual of Analytical Methods, Fourth Edition 
(August 15, 1994).” Incorporated by reference in 
section 2.1.31;
 NIOSH: Methods 1403 “Alcohols IV, NIOSH 
Manual of Analytical Methods, Fourth Edition 
(March 15, 2003).” Incorporated by reference in 
section 2.1.32;
5. The following documents are incorporated by 
reference in the proposed amendments to the 
Aerosol Coating Products Regulation:
 A S T M D5381 — 93(2014) “Standard Guide 
for X–Ray Fluorescence (X R F) Spectroscopy 
of Pigments and Extenders (July 1, 2014).” 
Incorporated in section 94526 (a)(2); A S T M D523 — 08 “Standard Test Method for 
Specular Gloss (June 1, 2008).” Incorporated in 
section 94526 (a)(3); and
 A S T M D1613 — 06 “Standard Test Method 
for Acidity in Volatile Solvents and Chemical 
Intermediates Used in Paint, Varnish, Lacquer, 
and Related Products (April 1, 2006).” 
Incorporated in section 94526 (a)(4);
Method 310 is being amended by this regulation and 
thus the amendment date would be the date that the 
regulation is approved by CARB.
BACKGROUND AND EFFECT OF THE 
PROPOSED REGULATORY ACTION
Background on the Proposed Rulemaking
Section 41712 of the California Health and Safety 
Code requires CARB to adopt regulations to achieve 
the maximum feasible reduction in Volatile Organic 
Compound (V O C) emissions from consumer 
products (including aerosol coatings). To adopt such 
regulations, CARB must determine that adequate data 
exists to establish that the regulations are necessary 
to attain State and federal ambient air quality 
standards, that the regulations are technologically and 
commercially feasible, and that they are necessary to 
carry out the Board’s responsibilities under Division 
26 of the Health and Safety Code. In addition, 
Health and Safety Code section 41712(c) provides 
that no regulation shall be adopted which requires 
the elimination of a product form. Health and Safety 
Code section 41712(d) also requires CARB to consider 
the effect of proposed regulations for health benefit 
products on product efficacy in killing or inactivating 
agents of infectious diseases, and the impact of the 
proposed regulations on the availability of health 
benefit products to California consumers. Health and 
Safety Code section 41712(e) further stipulates that 
CARB considers any recommendations from federal, 
State, or local public health agencies and public 
health experts prior to adopting regulations for health 
benefit products. Section 41712 is primarily directed at 
attaining State and federal air quality standards. CARB 
is also authorized to address toxic air contaminants 
(TAC) and greenhouse gas (G H G) emissions from 
consumer products (H S C sections 38500 et seq. and 
H S C sections 39650 et seq., respectively), as needed 
to meet California’s air quality mandates, including 
the protection of public health.
Pursuant to Health and Safety Code sections 39600, 
39601, and 41712 primarily, CARB has adopted the 
Regulation for Reducing Volatile Organic Compound 
Emissions from Antiperspirants and Deodorants 
(the “Antiperspirants and Deodorants Regulation,” 
California Code of Regulations (C C R), title 17, 
sections 94500–94506.5); the Regulation for Reducing CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 6-Z
153Emissions from Consumer Products (the “Consumer 
Products Regulation,” C C R, title 17, sections 94507–
94517); the Regulation for Reducing the Ozone Formed 
from Aerosol Coating Product Emissions (the “Aerosol 
Coating Products Regulation,” C C R, title 17, sections 
94520–94528); the Tables of Maximum Incremental 
Reactivity (MIR) Values (“Tables of MIR Values,” 
C C R, title 17, sections 94700–94701); and Method 
310, “Determination of Volatile Organic Compounds 
(V O C) in Consumer Products and Reactive Organic 
Compounds (R O C) in Aerosol Coating Products” 
(“Method 310”) (incorporated by reference in sections 
C C R title 17, sections 94506, 94515 and 94526).
CARB started regulating consumer products in 1989 
with adoption of the Antiperspirants and Deodorants 
Regulation. At that time, the Board established 
standards based on the vapor pressure of V O Cs. 
The Antiperspirants and Deodorants Regulation has 
been amended several times, and the most recent 
amendments became effective on January 1, 2015. 
Antiperspirants and Deodorants are regulated using 
mass–based standards.
CARB approved the general Consumer Products 
Regulation for adoption in 1990, and it has been 
amended numerous times since then; the most recent 
amendments became effective on January 1, 2019. 
To date, V O C standards are in place for 145 product 
categories under this regulation. Consumer products 
in this regulation are primarily regulated using mass–
based V O C standards. However, in 2019, an alternate 
compliance option for Multi–purpose Lubricant 
products that allows compliance to be determined 
based on a reactivity limit became effective.
CARB adopted the Aerosol Coating Products 
Regulation in 1995, and has amended it several times 
since. In 1995, CARB adopted mass–based V O C 
limits for six “General Coating” categories and 29 
“Specialty Coating” categories. Amendments in 
1998 addressed the commercial and technological 
feasibility of some of the V O C limits. In 2000, the 
regulation was amended to establish Reactivity Limits 
based on the MIR scale. The Reactivity Limits for the 
general categories became effective June 1, 2002, and 
the limits for the specialty categories became effective 
January 1, 2003. Minor amendments in 2004 and 2006 
clarified exemptions and test methods, respectively. 
The Aerosol Coating Products Regulation was last 
amended in 2013. These amendments set new or lower 
reactivity limits for 16 aerosol coating categories.
CARB adopted the Alternative Control Plan 
Regulation in 1994. This regulation provides a 
voluntary alternative method to comply with the 
V O C limits in the Consumer Products Regulation by 
allowing manufacturers to set up alternative control 
plans to average the V O C emissions of regulated consumer products. Amendments to the regulation 
became legally effective on January 8, 1996.
Tables of MIR Values were first proposed for 
adoption in 2000, along with amendments to the 
Aerosol Coating Products Regulation. The tables are 
used to determine the reactivity content of aerosol 
coatings, and for the alternate compliance option for 
Multi–purpose Lubricant products. Amendments to 
these tables were adopted in 2004 and 2010 to reflect 
updated science.
Method 310 was adopted in 1997, and has been 
amended numerous times, most recently on May 25, 
2018. Method 310 is used to determine compliance with 
various regulatory requirements under the Consumer 
Products program, and is incorporated by reference 
in C C R, title 17, sections 94506 (Antiperspirants and 
Deodorants), 94515 (Consumer Products), and 94526 
(Aerosol Coating Products).
EFFECT OF THE PROPOSED RULEMAKING
The proposed amendments would require various 
consumer products to meet reduced V O C standards. 
In many cases, this would require manufacturers to 
reformulate the consumer products. The proposed 
amendments would achieve Statewide V O C 
reductions of 3.00 tons per day (tpd) in 2023 and 9.80 
tpd in 2031. In the South Coast, V O C reductions from 
the proposed measures would total 1.25 tpd in 2023 
and 4.03 tpd in 2031. Reducing V O C emissions is an 
important strategy for reducing ground level ozone 
concentrations, which improves public health and 
helps to achieve State and federal ambient air quality 
standards. The proposals would also streamline and 
clarify various regulatory provisions, improve program 
effectiveness, and add analytical test procedures.
PUBLIC PROCESS
The proposed amendments are the culmination of a 
public process conducted by CARB over the last seven 
years to identify the most technically sound strategies 
to effectively help California meet its air quality 
challenges. This extensive regulatory development 
process included the following CARB actions:
1. Spring 2014–Spring 2019:  Development and 
implementation of a survey that solicited relevant 
product information for the years 2013, 2014, 
and 2015; evaluation of the survey responses; 
and publication of comprehensive survey 
data summarizing the emissions, reactivity, 
and ozone–forming potential of over 400 
categories of consumer products, with extensive 
opportunity for public review of draft summary 
data and opportunities for feedback from product 
manufacturers and other interested stakeholders.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 6-Z
1542. Spring–Fall 2019: CARB held fourteen public 
work group meetings and workshops to evaluate the 47 consumer product categories CARB identified from the survey work described above, as being responsible for the greatest V O C emissions and ozone–forming potential. 
CARB also met with individual stakeholders and 
stakeholder groups to collect more information on products and provide additional opportunities for stakeholder input.
3. Summer 2019–Winter 2020: CARB held thirteen additional public work group meetings and workshops to identify and refine proposed V O C reduction strategies for specific consumer product categories, and to develop other proposed regulatory updates to improve program 
effectiveness and clarity.
This regulatory development process is described in 
more detail in Chapter XII of the Initial Statement of 
Reasons (I S O R).
OBJECTIVES AND BENEFITS OF THE 
PROPOSED REGULATORY ACTION
V O C Reduction Measures
The primary purpose of the Proposed Amendments 
is to achieve additional V O C reductions that offset emission growth in the sector and help attain State and federal ozone standards, particularly in the South Coast. These include the following:
● Manual Aerosol Air Freshener: To achieve reductions from manually–operated aerosol air fresheners, staff proposes to transition the regulated categories of “Single–Phase Aerosol Air Freshener” and “Double–Phase Aerosol Air Freshener” to “Manual Aerosol Air Freshener” 
and “Automatic Aerosol Air Freshener.” 
“Automatic Aerosol Air Fresher,” for which lower V O C standards were determined to be infeasible, would retain the existing 30 percent by weight V O C standard; the larger “Manual Aerosol Air Freshener” category would be subject to 10 percent and 5 percent by weight V O C standards on January 1, 2023, and January 1, 2027, respectively.
● Hair Care Products: Staff proposes to adopt or reduce V O C standards for the following hair care categories, as follows:
 ○ “Hair Finishing Spray”: Reduce the applicable V O C content standard from 55 percent to 50 percent by weight on January 1, 2023.
 ○ “Dry Shampoo”:  Adopt 55 percent and 50 
percent V O C content standards applicable on January 1, 2023, and January 1, 2029, respectively.
 ○ “Hair Shine” and “Temporary Hair Color”: Reduce the applicable V O C content standards for both categories from 55 percent to 50 percent by January 1, 2029.
● Personal Fragrance Product (P F P): The Proposed Amendments would reduce the applicable V O C standard for aerosol P F P and P F P with less than or equal to 7 percent fragrance from 75 to 70 percent by weight on January 1, 2023. The applicable fragrance threshold would 
increase to 10 percent, with a V O C standard of 50 
percent by 2031. In addition, the V O C standard for the less than one percent of P F P products with a V O C content above 20 percent would increase from 65 to 75 percent to streamline and simplify program implementation by maintaining a single fragrance threshold for the overall P F P category.
1
● Crawling Bug Insecticide (Aerosol): S t a ff proposes to lower the applicable V O C standard from 15 percent to 8 percent by weight as of January 1, 2030. Due to technical feasibility challenges, a separate “Bed Bug Insecticide” category would be defined and would retain a 15 
percent by weight V O C standard for the aerosol 
product form.
● Sunset of the Two Percent Fragrance Exemption: Staff proposes to sunset the Two Percent Fragrance Exemption. This proposal would achieve needed V O C reductions, promote transparency and equity, facilitate program enforcement, and help to address growing public health concerns 
regarding exposure to fragrance ingredients. 
Staff’s proposal would retain the exemption for a portion of the fragrance and monoterpene content of Air Freshener, Disinfectant, Sanitizer, non–aerosol General Purpose Cleaner, and non–aerosol General Purpose Degreaser products due to potential technical feasibility challenges of complying without any exemption in these product categories.
Staff also proposes to prohibit the future use of 
perchloroethylene, trichloroethylene, methylene chloride, and p–chloro–α,α,α–trifluorotoluene (P C B T F) in “Manual Aerosol Air Freshener,” “Finishing Spray,” “Dry Shampoo,” “Hair Shine,” “Personal Fragrance Products,” and “Crawling Bug 
1 The app li cab l e product fragrance content thresho l d w oul d re -
main the current 20 percent for products manufactured before 
January 1, 2023, with staff proposing to lower the fragrance 
threshold to 7 percent for products manufactured between Jan -
uary 1, 2023, and December 31, 2030, and raise the threshold to ten percent fragrance for products manufactured beginning on 
January 1, 2031.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 6-Z
155Insecticide (Aerosol) products.” This proposal is to 
ensure that compliance with proposed V O C standards 
is achieved in a manner that protects public health.
Proposed Amendments to Improve Program 
Effectiveness
This section describes the proposed amendments 
to improve program transparency, enforceability, and 
effectiveness, and to reflect lessons learned since the 
last significant regulatory amendments in 2013.
Definition of Energized Electrical Cleaner
“Energized Electrical Cleaner” (E E C) products 
are almost entirely comprised of perchloroethylene, a 
TAC, and trichloroethylene, a V O C and a TAC. E E C 
products are needed solely to safely clean or degrease 
electrical equipment where a residual current exists 
at the time cleaning or degreasing occurs. Significant 
quantities of “Energized Electrical Equipment” 
continue to be sold to automotive maintenance and 
repair facilities, despite CARB adopting a previous 
regulation to prevent the use of “Energized Electrical 
Cleaner” in motor vehicle maintenance and repair 
operations, for which it is not needed. When motor 
vehicle maintenance and repair establishments use 
E E C products, the public is unnecessarily exposed 
to TACs, endangering their health. Staff is therefore 
proposing to update the definition of “Energized 
Electrical Cleaner” to exclude products sold to 
automotive maintenance and repair facilities. E E C 
products sold to automotive maintenance and repair 
facilities would likely be considered to be general 
purpose degreasers (depending on label claims), and 
subject to a V O C standard and TAC prohibitions. 
Automotive maintenance and repair facilities could 
continue to purchase, automotive maintenance 
products that comply with CARB V O C standards and 
TAC prohibitions. Staff’s proposal would also require 
that automotive retail establishments maintain for a 
minimum of five years, and make available to CARB 
upon request, records they already create regarding 
“Energized Electrical Cleaner” sales.
Alternative Control Plan and Innovative Product 
Exemption Eligibility Criteria
The proposed amendments would update 
Alternative Control Plan (A C P) eligibility criteria 
to prohibit emission reduction credits from being 
generated by products less than a minimum threshold 
below the applicable V O C standard, and would update 
Innovative Product Exemption (I P E) eligibility criteria 
to exclude products that demonstrate a reduction in 
V O C based upon product combustion. Both proposals 
are intended to ensure A C P and I P E provisions 
continue to generate real air quality and public health 
benefits, and encourage product innovation, while 
providing regulatory compliance flexibility where 
appropriate to still achieving air quality goals.I P E Eligibility Criteria for Products Utilizing 
Compressed Gas Propellants
The air quality, climate change, and potential health or 
environmental benefits of compressed gas propellants 
relative to H F C–152a or other liquefied petroleum 
gas propellants make it an excellent choice, from an 
air quality and public health perspective, for use in 
formulating aerosol consumer products. However, the 
existing methods for determining product compliance 
with the applicable V O C standards (based upon 
ingredient weight) may make manufacturers less likely 
to utilize compressed gas propellants, due to their low 
density relative to other V O C exempt propellants, 
such as H F C–152a, that have a higher global 
warming potential. The proposed amendments would 
remedy this disincentive by providing additional I P E 
eligibility criteria to encourage product manufacturers 
to develop and market innovative aerosol products that 
utilize compressed air, carbon dioxide, or nitrogen 
propellants.
Tables of Maximum Incremental Reactivity (MIR) 
Values
Staff is proposing to add the following additional 
reactive organic compounds (R O C) to the Tables of 
Maximum Incremental Reactivity (MIR) Values, 
MIR Values for Compounds (C C R, title 17, section 
94700), so that the R O C can be used in aerosol 
coating products, as specified in C C R, title 17, section 
94522, and in “Multi–purpose Lubricant” products 
that qualify for an alternate compliance option, as 
specified in C C R, title 17, section 94509:
● 1–Chloro–3,3,3–Trifluoropropene (H F O– 
1233zd);
● Alkane Mixed — Minimally 90% C13 and higher 
carbon number; and
● Diethyl Carbonate.
The addition of MIR values for these three R O Cs 
would provide manufacturers additional flexibility to 
use these low–reactive substances in products, and 
could encourage the development of less reactive 
aerosol coatings and multi–purpose lubricants.
Plastic Pipe Adhesive
CARB staff is proposing to create a new special 
purpose aerosol adhesive category and V O C standard 
for plastic pipe labeled exclusively to bond segments 
of acrylonitrile butadiene styrene (A B S), polyvinyl 
chloride (P V C), or chlorinated polyvinyl chloride 
(C P V C) together. The feasibility of the “Mist Spray 
Adhesive” V O C standard of 30 percent by weight 
that became effective in 2017 was not considered 
for these products. The current proposal would set a 
more feasible standard of 60 percent by weight V O C 
and exclude them from the “Mist Spray Adhesive” 
category.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 6-Z
156Exclusion of Denatured Alcohol Products Used 
to Maintain Electrical Equipment Owned by 
Public Utilities from the “Multi–purpose Solvent” 
Definition
CARB staff is proposing to create a narrow exclusion 
to the definition of “Multi–purpose Solvent” for 
products used to maintain electrical equipment owned 
by public utilities. This narrow exemption is necessary 
for denatured alcohol products that are specified by 
utility equipment manufacturers as the sole method of 
maintaining specialized electrical equipment.
Test Method 310 Updates
CARB staff is proposing amendments to Method 
310 to make updates for clarity and consistency, to 
remove and add several reference test methods, and 
to revise equations to better reflect how CARB staff  
calculates V O C and R O C.
COMPARABLE FEDERAL REGULATIONS
The United States Environmental Protection Agency 
(U.S. E P A) has promulgated a federal consumer 
products rule under section 183(e) of the federal Clean 
Air Act (C A A) (40 C F R Part 59, subpart C, sections 
59.201 et seq.). The rule specifies V O C limits for a 
number of consumer product categories, and is similar 
in format to CARB’s Consumer Products Regulation.
Although the federal regulation is similar in many 
aspects to the California regulation, it does not include 
a number of product categories that are currently 
regulated under the CARB regulation. For the 
categories that are regulated under both rules, many of 
CARB’s limits are more stringent than the U.S. E P A ’s 
limits.
U.S. E P A ’s rule also differs in that it applies 
nationwide to consumer product manufacturers, 
importers, and distributors, but not retailers, while 
the CARB regulation applies to any person, including 
retailers, who “sells, supplies, offers for sale, or 
manufactures consumer products for use in the 
State of California.” Finally, U.S. E P A ’s rule has an 
unlimited “sell–through” period for noncomplying 
products manufactured before the effective date of 
the limits, whereas California law (Health and Safety 
Code section 41712) limits the sell–through period to 
three years.
U.S. E P A ’s consumer products rule also does not 
prohibit the use of certain toxic air contaminants, and 
there is no comparable federal regulation related to 
reducing greenhouse gas emissions from consumer 
products.
On March 24, 2008, U.S. E P A set national V O C 
emission standards for aerosol spray paints (aerosol 
coatings) (40 C F R Part 59, subpart E, National Volatile 
Organic Compound Emission Standards for Aerosol 
Coatings). This national regulation, modeled after CARB’s Regulation for Reducing the Ozone Formed 
from Aerosol Coating Product Emissions, established 
reactivity–based emission standards for aerosol spray 
paints. On December 24, 2008, U.S. E P A published 
amendments to the rule to move the applicability and 
initial compliance dates for aerosol coatings from 
January 1, 2009, to July 1, 2009. The reactivity limits 
and product categories in the national rule mirror 
CARB’s aerosol coatings regulation prior to CARB’s 
aerosol coating regulation amendments adopted in 
2013. CARB’s regulation also differs in that it applies 
to the commercial application of aerosol coatings and 
has no exemption for any of the manufacturers. The 
national rule also does not prohibit the use of certain 
TACs.
Thus, CARB’s Consumer Products program is more 
stringent overall than the federal program. Because 
California has unique air quality problems, reducing 
V O C and G H G emissions from all categories, 
including consumer products, to the maximum extent 
feasible is necessary to attain the federal and State 
ambient air quality standards, including for ozone.
AN EVALUATION OF INCONSISTENCY OR 
INCOMPATIBILITY WITH EXISTING  
STATE REGULATIONS  
(Gov. Code, § 11346.5, subdivision (a)(3)(D))
During the process of developing the proposed 
regulatory action, CARB conducted a search of any 
similar regulations on this topic and concluded these 
regulations are neither inconsistent nor incompatible 
with existing State regulations.
MANDATED BY FEDERAL  
LAW OR REGULATIONS  
(Gov. Code, §§ 11346.2, subdivision (c), 11346.9)
The proposed regulatory action is not mandated by 
federal law or regulations.
DISCLOSURES REGARDING THE  
PROPOSED REGULATIONS
FISCAL IMPACT/LOCAL MANDATE 
DETERMINATION REGARDING THE 
PROPOSED ACTION  
(Gov. Code, § 11346.5, subdivisions (a)(5)&(6))
The determinations of the Board’s Executive 
Officer concerning the costs or savings incurred by 
public agencies and private persons and businesses in 
reasonable compliance with the proposed regulatory 
action are presented below.