Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
Executive Officer shall exempt a consumer product from the VOC limits specified
in Section
94509(a) if a
manufacturer demonstrates by clear and convincing evidence that, due to some
characteristic of the product formulation, design, delivery systems or other
factors, the use of the product will result in less VOC emissions as compared
to:
(1) the VOC emissions from a
representative consumer product which complies with the VOC limits specified in
Section 94509(a),
or
(2) the calculated VOC emissions
from a noncomplying representative product, if the product had been
reformulated to comply with the VOC limits specified in section
94509(a). VOC
emissions shall be calculated using the following equation:
where:
ER = The VOC emissions from the
noncomplying representative product, had it been reformulated.
ENC = The VOC emissions from the
noncomplying representative product in its current formulation.
VOCSTD = the VOC limit specified
in 94509(a).
VOCNC = the VOC content of the
noncomplying product in its current formulation.
If a manufacturer demonstrates that this equation yields
inaccurate results due to some characteristic of the product formulation or
other factors, an alternative method which accurately calculates emissions may
be used upon approval of the Executive Officer.
(b) For the purposes of this section,
"representative consumer product" means a consumer product which meets all of
the following criteria:
(1) the representative
product shall be subject to the same VOC limit in Section
94509(a) as the
innovative product.
(2) the
representative product shall be of the same product form as the innovative
product, unless the innovative product uses a new form which does not exist in
the product category at the time the application is made.
(3) the representative product shall have at
least similar efficacy as other consumer products in the same product category
based on tests generally accepted for that product category by the consumer
products industry.
(c)
The Executive Officer shall exempt an "Innovative Compressed Gas Propellant
Product" or "Innovative Liquefied Propellant Product" in the aerosol "Hair
Finishing Spray," "Dry Shampoo," or "Personal Fragrance Product" categories
from the VOC standards adopted on August 1, 2022 and specified in section
94509(a) if the
product manufacturer demonstrates by clear and convincing evidence at the time
of the IPE application that an "Innovative Compressed Gas Propellant Product"
meets the criteria in sections (c)(1) and (c)(3) through (c)(6) and an
"Innovative Liquefied Propellant Product" meets the criteria in sections (c)(2)
through (c)(6).
(1) "Innovative Compressed Gas
Propellant Product" means a product which meets all of the following criteria:
(A) For a product manufactured before January
1, 2029, the HFC-152a propellant is replaced with a propellant comprised of
compressed air, compressed nitrogen, and/or compressed carbon dioxide, and use
of the replacement propellant will result in the Innovative Compressed Gas
Propellant Product achieving a 50 percent or greater reduction in greenhouse
gas (GHG) emissions compared to the Representative HFC-152a Product;
(B) For a product manufactured on or after
January 1, 2029, the Innovative Compressed Gas Propellant Product includes only
ingredients with a GWP less than 10, or achieves a 90 percent or greater
reduction in GHG emissions compared to the Representative HFC-152a
Product;
(C) The weight of the
Innovative Compressed Gas Propellant Product propellant or propellants does not
exceed 50 percent of the weight of the Representative HFC-152a Product
propellant or propellants; and
(D)
The ozone-forming potential of the Innovative Compressed Gas Propellant Product
does not exceed that of the Representative HFC-152a
Product.
(2) "Innovative
Liquefied Propellant Product" means a product which meets all of the following
criteria:
(A) For a product manufactured
before January 1, 2029, the Innovative Liquefied Propellant Product achieves a
50 percent or greater reduction in GHG emissions compared to the Representative
HFC-152a Product;
(B) For a product
manufactured on or after January 1, 2029, the Innovative Liquefied Propellant
Product includes only ingredients with a GWP less than 10, or achieves a 90
percent or greater reduction in GHG emissions compared to the Representative
HFC-152a Product; and
(C) The
ozone-forming potential of the Innovative Liquefied Propellant Product does not
exceed that of the Representative HFC-152a Product.
(3) "Representative HFC-152a Product" means a
product that meets either (A) or (B) below:
(A) A consumer product that has the product
formulation identified in Table 94511(c)(3) for the applicable product
category; or
(B) A compliant
consumer product that meets (i) through (v) below:
(i) is in the same product category as the
innovative product,
(ii) is
available for purchase in California at the time of the IPE
application,
(iii) has a PWMIR no
greater than (5.0) percent above the applicable product formulation in Table
94511(c)(3),
(iv) has a GHG
composition that is no lower than five (5.0) ingredient weight percent below
the applicable product formulation in Table 94511(c)(3), and
(v) has a fragrance content that is
representative of products on the California market in the applicable category
at the time of the IPE application.
Table 94511(c)(3): Representative HFC-152a Product
Formulations
| Ingredient
Weight Percent |
| Product Category and Applicable VOC
Standard | Ethanol | HFC-152a | Fragrance | Other
VOC or LVP-VOC
* | Non-Volatiles
and Exempt VOCs
** |
| Hair Finishing Spray: 50%
VOC | 45 | 45 | 0.1 | 3.9 | 6 |
| Dry Shampoo: 55%
VOC | 30 | 29 | 0.2 | 30.8 | 10 |
| Dry Shampoo: 50%
VOC | 30 | 33 | 0.2 | 26.8 | 10 |
| Personal Fragrance Product: 70%
VOC | 40 | 15 | 2 | 30 | 13 |
| Personal Fragrance Product: 50%
VOC | 30 | 30 | 2 | 22 | 16 |
* Ingredients in this column are assumed to have an
average MIR of 0.9. The Executive Officer may approve an alternate average MIR
for "Other VOC or LVP-VOC" ingredients in the "Personal Fragrance Product: 70%
VOC" category based upon product category sales and ingredient information
submitted by the applicant.
** Ingredients in this column are assumed to have an
average MIR of 0.0.
(4) An "Innovative Compressed Gas Propellant
Product" or an "Innovative Liquefied Propellant Product" shall have at least
similar efficacy as other consumer products in the same category, based upon
consumer or scientific testing generally accepted for that product category by
the consumer products industry, demonstrated product spray rate, percent or
efficacy of active ingredients, or information that the applicant may provide
or that CARB may request. Application of a greater quantity of innovative
product shall not be needed to achieve the same efficacy as the representative
product.
(5) GHG emissions shall be
calculated as follows:
(A) The GHG emissions
for an "Innovative Compressed Gas Propellant Product," "Innovative Liquefied
Propellant Product," or Representative HFC-152a Product shall be calculated
using the following equation for the purposes of determining compliance with
section 94511(c):
GHGPRODUCT =
(GWPINGREDIENT x Wt)1 +
(GWPINGREDIENT x Wt)2 + ... +
(GWPINGREDIENT x Wt)n
where:
GHGPRODUCT = the GHG emissions
from the Innovative Compressed Gas Propellant Product, Innovative Liquefied
Propellant Product, or Representative HFC-152a Product;
GWPINGREDIENT = ingredient GWP, as
specified in 94511(c)(5)(B-D);
Wt = ingredient weight;
1,2,3, ..., n = each ingredient in the Innovative
Compressed Gas Propellant Product, Innovative Liquefied Propellant Product, or
Representative HFC-152a Product, up to the total n ingredients in the
Innovative Compressed Gas Propellant Product, Innovative Liquefied Propellant
Product, or Representative HFC-152a Product.
(B) The global warming potential of the
proposed Innovative Compressed Gas Propellant Product, Innovative Liquefied
Propellant Product, or Representative HFC-152a Product shall be determined by
using the 100-Year GWP values from the Intergovernmental Panel on Climate
Change's (IPCC) Fourth Assessment Report (Forster, P., V. Ramaswamy, P. Artaxo,
T. Berntsen, R. Betts, D.W. Fahey, J. Haywood, J. Lean, D.C. Lowe, G. Myhre, J.
Nganga, R. Prinn, G. Raga, M. Schulz and R. Van Dorland, 2007: Changes in
Atmospheric Constituents and in Radiative Forcing. In: Climate Change 2007: The
Physical Science Basis. Contribution of Working Group I to the Fourth
Assessment Report of the Intergovernmental Panel on Climate Change [Solomon,
S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L.
Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New
York, NY, USA.), incorporated by reference herein.
(C) For an ingredient for which no GWP value
exists in the IPCC's Fourth Assessment Report, but for which a GWP value does
exist in the IPCC'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. Qin,
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 by reference herein, the GWP of the
ingredient shall be determined by using the 100-Year Global Warming Potential
value from the IPCC's Fifth Assessment Report.
(D) For an ingredient for which no GWP value
exists in the IPCC's Fourth Assessment Report or the IPCC's Fifth Assessment
Report, the GWP value of the ingredient shall be zero.
(6) Ozone-forming potential shall be
calculated as follows:
(A) Assignment of an
ROC's Maximum Incremental Reactivity (MIR) value for the purpose of determining
an Innovative Compressed Gas Propellant Product, Innovative Liquefied
Propellant Product, or Representative HFC-152a Product ozone-forming potential
shall be conducted pursuant to subsections
94509(r)(5)(A)-(D) and
(F)-(I).
(B) For fragrance, the MIR value for
terpinolene listed in section
94700 shall be used to calculate
the Innovative Compressed Gas Propellant Product, Innovative Liquefied
Propellant Product, or Representative HFC-152a Product ozone-forming
potential.
(d)
A manufacturer shall apply in writing to the Executive Officer for any
exemption claimed under this section. All information submitted by a
manufacturer pursuant to this section shall be handled in accordance with the
procedures specified in Title 17, California Code of Regulations, Sections
91000-91022.
(1) For products that meet the criteria
identified in subsections
94511(a) and (b),
the application shall include the supporting documentation that demonstrates
the reduction of emissions from the innovative product, including the actual
physical test methods used to generate the data and, if necessary, the consumer
testing undertaken to document product usage. In addition, the applicant must
provide any information necessary to enable the Executive Officer to establish
enforceable conditions for granting the exemption, including the VOC content
for the innovative product and test methods for determining the VOC
content.
(2) For products that meet
the criteria identified in subsection
94511(c), the
application shall include the supporting documentation that demonstrates the
criteria identified in subsection (c) are met, including the name, weight
percent, density, MIR, and GWP for all ingredients present in an amount greater
than or equal to 0.1 percent by weight of the product formulation, and all
supporting calculations or analytical measurements. In addition, the applicant
must provide any information necessary, upon request of the Executive Officer,
to enable the Executive Officer to establish enforceable conditions for
granting the exemption, including the VOC content and ozone forming potential
of the innovative product.
(e) A consumer product which reduces VOC
emissions relative to the representative consumer product due to VOC combustion
(including, but not limited to, catalytic combustion) shall be ineligible for
any exemption provided in this section.
(f) Within 30 days of receipt of the
exemption application the Executive Officer shall determine whether an
application is complete as provided in section
60030(a), Title
17, California Code of Regulations.
(g) Within 90 days after an application has
been deemed complete, the Executive Officer shall determine whether, under what
conditions, and to what extent, an exemption from the requirements of Section
94509(a) will be
permitted. The applicant and the Executive Officer may mutually agree to a
longer time period for reaching a decision, and additional supporting
documentation may be submitted by the applicant before a decision has been
reached. The Executive Officer shall notify the applicant of the decision in
writing and specify such terms and conditions that are necessary to ensure that
emissions from the product will meet the emissions reductions specified in
subsection (a), and that such emissions reductions can be enforced.
(h) In granting an exemption for a product
the Executive Officer shall establish conditions that are enforceable. These
conditions shall include the VOC content of the innovative product, dispensing
rates, application rates, and any other parameters determined by the Executive
Officer to be necessary. The Executive Officer shall also specify the test
methods for determining conformance to the conditions established. The test
methods shall include criteria for reproducibility, accuracy, and sampling and
laboratory procedures.
(i) For any
product for which an exemption has been granted pursuant to this section, the
manufacturer shall notify the Executive Officer in writing within 30 days of
any change in the product formulation or recommended product usage directions,
and shall also notify the Executive Officer within 30 days if the manufacturer
learns of any information which would alter the emissions estimates submitted
to the Executive Officer in support of the exemption application.
(j)
Modification of Product
Ingredients for an Existing Exemption: Where one or more ingredients
in a product for which an exemption has been granted based upon the eligibility
criteria in subsection (c) has been modified after the exemption has been
granted, the product shall be considered a modified product and:
(1) the manufacturer must notify the
Executive Officer of an ingredient modification within 30 days, but need not
apply for a new exemption for the modified product if all of the following
three conditions are met:
(A) The modified
ingredient or ingredients meet the definition of fragrance as specified in
section 94508(a)(55)
and/or do not meet the definition of "Reactive Organic Compound" as specified
in section
94509(r)(1)(I);
(B) The total weight of the modified
ingredient or ingredients that meet the criteria in subsection (A) represent no
more than 0.5 percent of the total product weight for "Hair Finishing Spray"
and "Dry Shampoo," or represent no more than 2.5 percent of the total product
weight for "Personal Fragrance Product"; and
(C) the modification does not increase the
product's ozone forming potential or GWP.
(2) If the modified product does not meet all
of the conditions in subsections
94511(j)(1)(A) through
(C), the manufacturer must apply for a new
exemption for the modified product pursuant to subsection
94511(d)(2). The
modified product must still meet the requirements in subsection
(c).
(k) If the VOC
limits specified in Section
94509(a) are
lowered for a product category through any subsequent rulemaking, all
innovative product exemptions granted for products in the product category,
except as provided in this subsection (k), shall have no force and effect as of
the effective date of the modified VOC standard. This subsection (k) shall not
apply to innovative product exemptions granted to the following:
(1) those innovative products which have VOC
emissions less than the applicable lowered VOC limit and for which a written
notification of the product's emissions status versus the lowered VOC limit has
been submitted to and approved by the Executive Officer at least 60 days before
the effective date of such limits; and
(2) an "Automatic Aerosol Air Freshener"
product subject to a 30% VOC standard pursuant to Section
94509(a).
(l) If the Executive Officer believes that a
consumer product for which an exemption has been granted no longer meets the
criteria for an innovative product specified in subsection (a), the Executive
Officer may modify or revoke the exemption as necessary to assure that the
product will meet these criteria. The Executive Officer shall not modify or
revoke an exemption without first affording the applicant an opportunity for a
public hearing held 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
exemption should be modified or revoked.
1. New
section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2.
Amendment of subsection (a) to create a new subsection (a)(1), new subsection
(a)(2), amendment of subsection (b), new subsections (b)(1)-(3), repealer of
subsection (c) and relettering, and amendment of subsections (c), (e)-(f), and
(h)-(i) 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 subsections (e) and (f) filed
9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
5.
Amendment filed 8-1-2022; operative 8-1-2022 pursuant to Government Code
section
11343.4(b)(3)
(Register 2022, No. 31). The one year deadline in Government Code section
11346.4(b)
and the filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Sections
39600,
39601
and
41712,
Health and Safety Code. Reference: Sections
39002,
39600,
40000
and
41712,
Health and Safety Code.
