Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
(1) Testing to determine the volatile organic
compound of an antiperspirant or deodorant, or to determine compliance with the
requirements of this article, shall be performed using California Air Resources
Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer
Products and Reactive Organic Compounds (ROC) in Aerosol Coating Products,
adopted September 25, 1997, and as last amended on August 1, 2022, which is
incorporated herein by reference. Alternative methods which are shown to
accurately determine the concentration of VOCs in a subject product or its
emissions may be used upon approval of the Executive Officer.
(2) Sections
3.4 and
3.6 of California Air Resources
Board (CARB) Method 310 describe the process for the "Initial Determination of
VOC Content" and the "Final Determination of VOC Content." This process is an
integral part of the testing procedure set forth in CARB Method 310, and is
reproduced below:
Sections
3.4 and
3.6 of California Air Resources
Board Method 310
3.4
Initial
Determination of VOC Content. If the Executive Officer makes a VOC
content determination, they shall do so pursuant to sections
3.2 and
3.3. Only those components with
concentrations equal to or greater than 0.1 percent by weight shall be
reported.
3.4.1 Using the appropriate equation
specified in section
4.0, the Executive Officer shall
make an initial determination of whether the product meets the applicable VOC
standards specified in the Consumer Products Regulations, under sections
94502 and
94509. If initial results show
that the product does not meet the applicable VOC standards, the Executive
Officer may perform additional testing to confirm the initial
results.
3.4.2 If the results
obtained under section
3.4.1 show that the product does
not meet the applicable VOC standards, the Executive Officer may request the
responsible party to supply product formulation data to confirm compliance with
the applicable VOC standard. The responsible party shall supply the requested
information within 25 working days of the request. Information submitted to the
Executive Officer may be claimed as confidential. The Executive Officer shall
handle confidential information in accordance with Title 17, CCR, sections
91000 to
91022. Failure to respond to an
Executive Officer request for this information is a violation.
3.4.3 If the Executive Officer determines,
based on testing, information they may receive from the responsible party, and
any other applicable evidence, that the product does not comply with the
applicable VOC standard, the Executive Officer will take appropriate
enforcement action.
3.6
Final Determination of VOC Content. If a product's compliance
status is not satisfactorily resolved under section
3.4 and
3.5, the Executive Officer may
conduct further analyses and testing as necessary based on the Executive
Officer's scientific judgment to verify the formulation data.
3.6.1 If the Executive Officer is unable to
verify the accuracy of the supplied formulation data, then the Executive
Officer may ask the responsible party to supply additional information to
explain the discrepancy.
3.6.2 If
there exists a discrepancy that cannot be resolved between the results of
Method 310 and the supplied formulation data, then the results of Method 310
shall take precedence over the supplied formulation data. The results of Method
310 shall then determine if the product is in compliance with the applicable
VOC standards, and may be used to establish a violation of CARB
regulations.
(b) Testing to determine compliance with the
requirements of this article may also be demonstrated through calculation of
the volatile organic compound content from records of the amounts of
constituents used to make the product. Compliance determination based on these
records may not be used unless the responsible party of a consumer product
keeps accurate records for each day of production of the amounts and chemical
composition of the individual product constituents. These records must be kept
for at least three years.
(c) No
person shall create, alter, falsify, or otherwise modify records in such a way
that the records do not accurately reflect the constituents used to manufacture
a product, the chemical composition of the individual product, and any other
tests, processes, or records used in connection with product
manufacture.
1. New
section filed 1-28-91; operative 2-27-91 (Register 91, No. 9).
2.
Amendment of subsection (a) and adoption of subsection (b) filed 9-19-91;
operative 10-21-91 (Register 92, No. 12).
3. Amendment of subsection
(b) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
4. New
subsection (c) filed 2-29-96; operative 3-30-96 (Register 96, No.
9).
5. Amendment of section and NOTE filed 11-13-97; operative
12-13-97 (Register 97, No. 46).
6. Amendment filed 11-16-99;
operative 12-16-99 (Register 99, No. 47).
7. Amendment of subsection
(a)(1) filed 6-20-2005; operative 7-20-2005 (Register 2005, No.
25).
8. Amendment of subsection (a)(1) filed 9-17-2014; operative
1-1-2015 (Register 2014, No. 38).
9. Amendment of subsections
(a)-(b) filed 12-31-2018; operative 1-1-2019 pursuant to Government Code
section
11343.4(b)(3)
(Register 2019, No. 1).
10. Amendment of section and NOTE filed
8-1-2022; operative 8-1-2022 pursuant to Government Code section
11343.4(b)(3)
(Register 2022, No. 31). The one year deadline in Government Code section
11346.4(b)
and the filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Sections
39515,
39516,
39600,
39601,
39607,
41503.5,
41511,
41700
and
41712,
Health and Safety Code. Reference: Sections
39000,
39002,
39003,
39600,
39607,
39701,
40000,
41511,
41700
and
41712,
Health and Safety Code.
