Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Upon 90 days written notice, the Executive Officer may require any responsible
party to report information for any consumer product or products the Executive
Officer may specify including, but not limited to, all or part of the following
information specified in the following subsections (a)(1) through (a)(12). If
the responsible party does not have or does not provide the information
requested by the Executive Officer, the Executive Officer may require the
reporting of this information by the person that has the information,
including, but not limited to, any formulator, manufacturer, supplier, parent
company, private labeler, distributor, or repackager.
(1) the company name, address, telephone
number, and designated contact person;
(2) any claim of confidentiality made
pursuant to Title 17, California Code of Regulations, Section
91011;
(3) the product brand name for each consumer
product and the product label;
(4)
the product category to which the consumer product belongs;
(5) the applicable product form(s) listed
separately;
(6) an identification
of each product brand name and form as a "Household Product," "I&I
Product," or both;
(7) separate
California sales in pounds per year, to the nearest pound, and the method used
to calculate California sales for each product form;
(8) for information submitted by multiple
companies, an identification of each company which is submitting relevant data
separate from that submitted by the responsible party. All information from all
companies shall be submitted by the date specified in Section
94513(a);
(9) for each product brand name and form, the
net percent by weight of the total product, less container and packaging,
comprised of the following, rounded to the nearest one-tenth of a percent
(0.1%):
(A) Total Table B Compounds
(B) Total LVP-VOCs that are not
fragrances
(C) Total All Other
Carbon-Containing Compounds that are not fragrances
(D) Total All Non-Carbon-Containing
Compounds
(E) Total
Fragrance
(F) For products
containing greater than two percent by weight fragrance, but excluding
"personal fragrance products":
(i) the percent
of fragrance that are LVP-VOCs, and
(ii) the percent of fragrance that are all
other carbon-containing compounds
(G) For "personal fragrance products," the
density of the fragrance
(H) Total
Para-dichlorobenzene
(10)
for each product brand name and form, the identity, including the specific
chemical name and associated CAS number, of the following:
(A) Each Table B Compound
(B) Each LVP-VOC that is not a
fragrance
(11) if
applicable, the weight percent comprised of propellent for each
product;
(12) if applicable, an
identification of the type of propellent (Type A, Type B, Type C, or a blend of
the different types);
(b)
In addition to the requirements of section
94513(a)(10), the
responsible party shall report or shall arrange to have reported to the
Executive Officer the net percent by weight of each ozone-depleting compound
which is (1) listed in section
94509(e) and (2)
contained in a product subject to reporting under section
94513(a) in any
amount greater than 0.1 percent by weight.
(c) All information submitted by any person
pursuant to section
94513 shall:
(1) Be accompanied by a signed statement
declaring under penalty of perjury that the information submitted is accurate,
true, and complete; and
(2) Be
handled in accordance with the procedures specified in Title 17, California
Code of Regulations, sections
91000-91022.
(d)
Special Reporting Requirements
for Aerosol Adhesives On or before March 31, 2004, all responsible
parties for aerosol adhesives shall report to the Executive Officer the
following information for products sold or offered for sale in California:
(1) data regarding product sales and
composition for the year 2003, including the information listed in Section
94513(a), and any
other information that the Executive Officer may specify; and
(2) a written update of the research and
development efforts undertaken to achieve VOC limits lower than the limits
specified in section
94509(a). The
written update must include detailed information about the raw materials
(solvents, propellants, resins, and polymers) and hardware (valves, actuators,
cans) used in product reformulation, the testing protocols used, the results of
the testing, and the cost of reformulation efforts.
(3) On or before December 31, 2003, the
Executive Officer shall notify responsible parties in writing that they are to
submit aerosol adhesive product and research data by March 31,
2004.
(e)
Special
Reporting Requirements for Consumer Products that Contain Perchloroethylene or
Methylene Chloride:
(1) The
requirements of this subsection shall apply to all responsible parties for:
(A) consumer products that are subject to
section 94509(a) and
contain perchloroethylene or methylene chloride, and
(B) Energized Electrical Cleaners as defined
in section
94508(a), that
contain perchloroethylene or methylene chloride. For the purposes of this
subsection, a product "contains perchloroethylene or methylene chloride" if the
product contains 1.0 percent or more by weight (exclusive of the container or
packaging) of either perchloroethylene or methylene
chloride.
(2) For each
consumer product that contains perchloroethylene or methylene chloride, the
responsible party shall report the following information for products sold in
California during each calendar year, beginning with the year 2000, and ending
with the year 2010:
(A) the product brand
name and a copy of the product label with legible usage instructions;
(B) the product category to which the
consumer product belongs;
(C) the
applicable product form(s) (listed separately);
(D) for each product form listed in (C), the
total sales in California during the calendar year to the nearest pound
(exclusive of the container or packaging), and the method used for calculating
the California sales;
(E) the
weight percent, to the nearest 0.10 percent, of perchloroethylene and methylene
chloride in the consumer product.
(3) The information specified in subsection
94513(e)(2) shall
be reported for each calendar year by March 1 of the following year. The first
report shall be due on March 1, 2001, for calendar year 2000. A new report is
due on March 1 of each year thereafter, until March 1, 2011, when the last
report is due.
(4) Upon request,
the Executive Officer shall make the perchloroethylene information submitted
pursuant to this subsection available to publicly owned treatment works in
California, in accordance with the procedures for handling of confidential
information specified in Title 17, California Code of Regulations, sections
91000-91022.
(A) On or before July 1, 2002, the Executive
Officer shall evaluate the information, along with data on influent and
effluent levels of perchloroethylene as reported by publicly-owned treatment
works personnel and any other relevant information, to determine if it is
likely that publicly-owned treatment works are experiencing increased levels of
perchloroethylene, relative to 1996 levels, that can be attributed to consumer
products which contain perchloroethylene.
(B) If the Executive Officer determines that
it is likely that increased perchloroethylene levels at the publicly-owned
treatment works are caused by increased levels of perchloroethylene in consumer
products subject to this regulation, then the Executive Officer shall, in
conjunction with the publicly-owned treatment works and other appropriate
parties, implement measures which are feasible, appropriate, and necessary for
reducing perchloroethylene levels at the publicly-owned treatment
works.
(f)
Special Reporting Requirements for Multi-purpose Lubricant and
Penetrant products.
(1) On or before
March 31, 2012, all responsible parties for Multi-purpose Lubricant and
Penetrant products shall report to the Executive Officer the following
information for products sold or offered for sale in California:
(A) data regarding product sales and
composition for the year 2011, including the information listed in section
94513(a), the
entire product label; and
(B) a
written update of the research and development efforts undertaken to achieve
the 25 percent VOC limits specified in section
94509(a). The
written update must include detailed information about the raw materials
evaluated for use, maximum incremental reactivity (MIR) values for any VOC or
LVP-VOC used or evaluated, the function of the raw material evaluated, hardware
used in product reformulation, the testing protocols used, the results of the
testing, and the cost of reformulation efforts.
(2) On or before March 31, 2017, all
responsible parties for Multi-purpose Lubricant products shall report to the
Executive Officer the following information for products sold or offered for
sale in California:
(A) data regarding
product sales and composition for the year 2016, including the information
listed in section
94513(a), the
entire product label; and
(B) a
written update of the research and development efforts undertaken to achieve
the 10 percent VOC limit specified in section
94509(a). The
written update must include detailed information about the raw materials
evaluated for use, MIR values for any VOC or LVP-VOC used or evaluated, the
function of the raw material evaluated, hardware used in product reformulation,
the testing protocols used, the results of the testing, and the cost of
reformulation efforts.
(g)
Special Reporting Requirements
for Multi-purpose Solvent and Paint Thinner products
(1) On or before June 30, 2012, all
responsible parties for Multi-purpose Solvent and Paint Thinner products shall
report to the Executive Officer the following information for products sold or
offered for sale in California:
(A) data
regarding product sales and composition for the year 2011, including the
information listed in section
94513(a), and the
entire product label; and
(B) a
written update of the research and development efforts undertaken to achieve
the 3 percent VOC limits specified in section
94509(a). The
written update must include detailed information about the raw materials
evaluated for use; maximum incremental reactivity (MIR) values for any VOC or
LVP-VOC used or evaluated; the function of the raw material evaluated; the
testing protocols used; the results of the testing; and the cost of
reformulation efforts.
(h)
Special reporting requirements
for "Multi-purpose Lubricant" products using the alternate compliance option
specified in subsection
94509(r).
(1) The Responsible Party must report annual
sales to the Executive Officer no later than March 31. The annual reporting
requirement shall sunset on April 1, 2023.
(2) Product formulation must be reported upon
initial qualification to comply using 94509(r). Product formulation shall be
reported in accordance with subsections
94513(h)(2)(A) through
(2)(G).
(A)
Any ingredient listed in section
94700 must be reported if it is
present in an amount greater than or equal to 0.1 percent by weight of the
final "Multi-purpose Lubricant" product formulation.
(B) Any hydrocarbon solvent listed in section
94701 shall be reported as an
ingredient if it is present in an amount greater than or equal to 0.1 percent
by weight of the final "Multi-purpose Lubricant" product formulation. The
hydrocarbon solvent bin number, manufacturer name, and trade name must be
specified.
(C) Any ingredient
assigned an MIR value in section
94509(r)(5) shall
be reported if it is present in an amount greater than or equal to 0.1 percent
by weight of the final "Multi-purpose Lubricant" product formulation.
(D) For chemical mixtures not listed in
sections 94700,
94701, or
94509(r)(5) each
chemical compound in the mixture must be reported separately.
(E) Propellant mixtures must be reported as
separate chemical compounds.
(F) If
an MIR value other than terpinolene is used for fragrance, the Responsible
Party must provide the fragrance ingredients.
(G) For the purpose of this subsection, a
safety data sheet (SDS) does not constitute a product's
formulation.
(3) The
Responsible Party will retain a minimum of three years of production records,
as specified in subsection
94509(r)(1)(G),
and provide them to the Executive Officer upon request.
(4) The Responsible Party shall provide any
other information necessary to determine the PWMIR of the "Multi-purpose
Lubricant" product to be tested including the MIR value for each ingredient
used to calculate the PWMIR.
(5)
Upon written notification from the Executive Officer, the Responsible Party
will have 25 working days from the date of mailing to provide to the Executive
Officer production records to determine compliance for products complying using
the alternate compliance option in subsection
94509(r).
(6) Treatment of Confidential Information.
Information submitted by the Responsible Party pursuant
to subsection
94513(h) will be
handled in accordance with the procedures specified in Title 17, California
Code of Regulations, sections
91000-91022.
(i)
Special Reporting requirements
for Personal Fragrance Product with less than or equal to ten percent by weight
of combined fragrance ingredients:
(1) On or before March 31, 2026, each
responsible party for Personal Fragrance Products shall report to the Executive
Officer the following information:
(A) data
regarding product sales and composition for the year 2025, including the
information listed in subsections
94513(a) and (c),
the VOC content of the fragrance ingredients, if requested by the Executive
Officer, and the entire product label for the responsible party's products sold
or offered for sale in California; and
(B) a written update on the responsible
party's research and development efforts undertaken to date to achieve the 50
percent by weight VOC standard specified in section
94509(a). The
report shall include the cost of reformulation efforts, and discussion of the
past, planned, and ongoing research to meet the 50 percent by weight VOC
standard specified in section
94509(a). The
report shall provide a detailed description of the steps taken to achieve
compliance, and the dates the steps were taken, including, but not limited to,
the following:
(i) types of formulations to
be tested;
(ii) formulation
data;
(iii) prototype
testing;
(iv) toxicity testing and
research;
(v) stability
testing;
(vi) expert olfactory odor
testing; and
(vii) consumer
acceptance research.
1. New
section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2.
Amendment of subsections (a)-(a)(6), new subsections (a)(7)-(12), repealer and
new subsection (b) and relettering, and amendment of subsection (c) filed
12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment of
section heading and section filed 11-18-97; operative 11-18-97 pursuant to
Government Code section
11343.4(d)
(Register 97, No. 47).
4. New subsections (f)-(f)(3) filed 12-23-97;
operative 12-23-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 52).
5. Editorial correction of subsection
(e)(5)(B) (Register 98, No. 29).
6. Amendment of subsections (e) and
(e)(1) and new subsections (g)-(g)(3)(D) filed 7-17-98; operative 8-16-98
(Register 98, No. 29).
7. Amendment implementing Mid-Term Measures
II filed 10-20-2000; operative 11-19-2000 (Register 2000, No.
42).
8. Amendment of subsections (d)-(d)(2) and new subsection
(d)(3) filed 4-18-2001; operative 5-18-2001 (Register 2001, No.
16).
9. Amendment filed 6-20-2005; operative 7-20-2005 (Register
2005, No. 25).
10. Amendment of subsections (e), (e)(2)(D) and
(e)(4) filed 11-8-2007; operative 12-8-2007 (Register 2007, No.
45).
11. Amendment of subsection (e)(1)(B) and new subsections
(f)-(f)(2)(B) filed 6-18-2009; operative 7-18-2009 (Register 2009, No.
25).
12. Amendment of subsections (a), (f)(1)(A) and (f)(2)(A) and
new subsections (g)-(g)(1)(B) filed 9-20-2010; operative 10-20-2010 (Register
2010, No. 39).
13. Amendment of subsections (f)(2)-(f)(2)(A) filed
9-17-2014; operative 1-1-2015 (Register 2014, No. 38).
14. Amendment
of subsection (c) and new subsections (c)(1)-(2) and (h)-(h)(6) filed
12-31-2018; operative 1-1-2019 pursuant to Government Code section
11343.4(b)(3)
(Register 2019, No. 1).
15. Amendment of subsection (a)(10), new
subsections (i)-(i)(1)(B)(vii) 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.
Note: Authority cited: Sections
39003,
39600,
39601,
39515,
39516,
39701,
41503.5,
41511,
41700
and
41712,
Health and Safety Code. Reference: Sections
39000,
39002,
39003,
39600,
39602,
39607,
40000,
41503.5,
41511,
41700
and
41712,
Health and Safety Code.
