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
Section 94515 - Test Methods

Universal Citation: 17 CA Code of Regs 94515

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a)

(1) VOC and GWP compound content determination using CARB Method 310. Testing 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) In sections 3.4, 3.5, and 3.6 of California Air Resources Board (CARB) Method 310, a process is specified for the "Initial Determination of VOC Content" and the "Final Determination of VOC Content." This process is an integral part of testing procedure set forth in CARB Method 310, and is reproduced below:

Sections 3.4, 3.5, 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 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.

3.5 Determination of the LVP-VOC status of compounds and mixtures. This section does not apply to antiperspirants and deodorants or aerosol coatings products. Effective January 1, 2015, this section also does not apply to 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. There is no LVP-VOC exemption for these products.
3.5.1 Formulation data. If the vapor pressure or boiling point, or both, are unknown, the following ASTM methods, which are incorporated by reference herein, may be used to determine the LVP-VOC status of compounds and mixtures.
3.5.1.1 Testing to determine vapor pressure may be performed using one of the following ASTM methods: ASTM D2879-97 (April 10, 1997), ASTM E1719-97 (March 10, 1997), or ASTM E1782-08 (March 1, 2008).

3.5.1.2 Testing to determine boiling point may be performed using one of the following ASTM methods: ASTM D86-01 (August 10, 2001), ASTM D850-00 (December 10, 2000), ASTM D1078-01 (June 10, 2001), or ASTM D2887-01 (May 10, 2001).

3.5.2 LVP-VOC status of "compounds" or "mixtures." The Executive Officer may test a sample of the LVP-VOC used in the product formulation to determine the boiling point for a compound or for a mixture. If the boiling point exceeds 216°C, the compound or mixture is an LVP-VOC. If the boiling point is less than 216°C, then the weight percent of the mixture which boils above 216°C is an LVP-VOC. The Executive Officer shall use the nearest 1 percent distillation cut that is greater than 216°C as determined under 3.5.1.2 to determine the percentage of the mixture qualifying as an LVP-VOC.

3.6 Final Determination of VOC Content. If a product's compliance status is not satisfactorily resolved under sections 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) VOC content determinations using product formulation and records. Testing to determine compliance with the requirements of this article may also be demonstrated through calculation of the VOC content from records of the amounts of constituents used to make the product, pursuant to the following criteria:

(1) 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.

(2) For the purpose of this section 94515(b), the VOC content shall be calculated according to the following equation:

VOC Content=B - Cx 100
A

where,

A = total net weight of unit (excluding container and packaging)

B = total weight of all VOCs, as defined in Section 94508(a), per unit

C = total weight of VOCs exempted under Section 94510, per unit

(3) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using ARB Method 310, the results of ARB Method 310 shall take precedence over the product records and may be used to established a violation of the requirements of this article.

(c) Aromatic Compound content determination for Multi-purpose Solvent or Paint Thinner using ARB Method 310. Testing to determine compliance with the requirements of section 94509(p)(1), shall be performed using 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 May 25, 2018, which is incorporated by reference herein. Alternative test methods that are demonstrated to be equally or more accurate than ARB Method 310 in determining the Aromatic Compound content in a product or its emissions may be used upon the written approval of the Executive Officer.

(d) Aromatic Compound content determinations for Multi-purpose Solvent or Paint Thinner using product formulation and records. Testing to determine compliance with the requirements of section 94509(p)(1), may also be demonstrated through calculation of Aromatic Compound content from records of the amounts of constituents used to make the product pursuant to the following criteria:

(1) Compliance determinations based on these records may not be used unless the responsible party of a Multi-purpose Solvent or Paint Thinner keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records must be kept for at least three years.

(2) For the purposes of this section 94515(d), the Aromatic Compound content shall be calculated according to the following equation:

Aromatic Compound Content=Ex 100
D

where,

D = total net weight of unit (excluding container and packaging)

E = total weight of all Aromatic Compounds, as defined in Section 94508(a), per unit

(3) If product records appear to demonstrate compliance with the Aromatic Compound limit, but these records are contradicted by product testing performed using ARB Method 310, the results of ARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this article.

(e) Determination of liquid or solid. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (May 25, 1990), which is incorporated by reference herein.

(f) Compliance determinations for charcoal lighter material products. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991), which is incorporated by reference herein.

(g) Testing to determine distillation points of petroleum distillate-based charcoal lighter material shall be performed using ASTM D86-01 Aug. 10, 2001, which is incorporated by reference herein.

(h) Fragrance content determinations for personal fragrance products. Testing to determine the percent by weight of fragrance in personal fragrance products shall be performed according to the Association of Official Analytical Chemists (AOAC) Official Method of Analysis No. 932.11, 1990, "Essential Oil in Flavor Extracts and Toilet Preparations, Babcock Method" (AOAC Official Methods of Analysis, 15th Edition, 1990), which is incorporated by reference herein.

(i) 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 test, processes, or records used in connection with product manufacture.

(j) Effective January 1, 2015, testing to determine compliance with 25 g/L or 0.21 lb/gal VOC standard 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) shall be determined using ARB Method 310, with final VOC content determined as set forth in section 4.2.4, adopted September 25, 1997 and as last amended on May 25, 2018, which is incorporated herein by reference. As specified in section 3.5 of Method 310, and as reproduced in section 94515(a)(2), determination of LVP-VOC status does not apply because there is no LVP-VOC exemption for these products. Section 4.2.4 is reproduced below:

4.2.4 Effective January 1, 2015, 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), grams of VOC per liter of material (g/L) shall be calculated using the following equation:

(g/L VOC = WM x (TV - H - EL))/VM

Where:

WM = weight of the material in grams.

VM = volume of the material in liters.

TV = weight fraction of total volatile material.

H = weight fraction of water.

EL = weight fraction of exempt compounds including the weight fraction of methyl esters with 17 or more carbon atoms in the total volatile material.

(k) Alternate compliance option verification for "Multi-purpose Lubricant" products.

(1) Testing of "Multi-purpose Lubricant" products subject to the provisions of subsection 94509(r) must be performed by the procedures set forth in "Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds (ROC) in Aerosol Coating Products," (Method 310) adopted September 25, 1997, and as last amended on May 25, 2018, which is incorporated herein by reference. Only ingredients present in amount equal to or greater than 0.1 percent by weight will be reported.

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment of subsection (b) and new subsections (c)-(f) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment of section and NOTE filed 11-13-97; operative 12-13-97 (Register 97, No. 46).
4. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
5. Amendment of subsection (b)(2) filed 7-17-98; operative 8-16-98 (Register 98, No. 29).
6. Amendment filed 11-16-99; operative 12-16-99 (Register 99, No. 47).
7. Amendment of subsection (a)(2) filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42).
8. Amendment of subsections (a)(1)-(2), (c) and (e) filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
9. Amendment of subsection (a)(2) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45).
10. Amendment of subsections (a)(1) and (a)(2) filed 6-18-2009; operative 7-18-2009 (Register 2009, No. 25).
11. Amendment of subsections (a)(1)-(2), new subsections (c)-(d)(3), subsection relettering and amendment of newly designated subsections (e) and (g) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
12. Amendment of subsections (a)(1), (c) and (d) filed 11-10-2011; operative 12-10-2011 (Register 2011, No. 45).
13. Amendment filed 9-17-2014; operative 1-1-2015 (Register 2014, No. 38).
14. Amendment of subsections (a)(1)-(b)(1), (c)-(d)(1) and (j) and new subsections (k)-(k)(1) filed 12-31-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
15. 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, 39602, 39607, 40000, 41503.5, 41511, 41700 and 41712, Health and Safety Code.

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