Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Reactivity Limits.
(1) Except as provided in section
94523, any "Aerosol Coating
Product" shall comply with the applicable General Coating limit specified in
section 94522(a)(2)
unless the "Aerosol Coating Product" meets all the requirements for the
applicable Specialty Coating that is defined in section
94521. In such cases the Specialty
Coating product shall comply with the applicable Specialty Coating limit
specified in section
94522(a)(2).
(2) Except as provided in sections
94523 (Exemptions) and 94525
(Variances), Title 17, California Code of Regulations, no person shall sell,
supply, offer for sale, apply, or manufacture for use in California, any
"Aerosol Coating Product" which, at the time of sale, use, or manufacture
exceeds the limits specified in the following Table of Reactivity Limits after
the specified effective date.
Table of Reactivity Limits Product-Weighted MIR in
Grams Ozone per Gram Product (g O3/g
product)
|
Aerosol Coating
Category
| | |
|
General Coatings
|
06/01/2002
|
01/01/2017
|
| Clear Coatings |
1.50 |
0.85 |
| Flat Paint Coating |
1.20 |
0.80 |
| Fluorescent Coating |
1.75 |
1.30 |
| Metallic Coating |
1.90 |
1.25 |
| Nonflat Coating |
1.40 |
0.95 |
| Primer |
1.20 |
0.70 |
| | |
|
Specialty Coatings (A)
|
01/01/2003
|
01/01/2017
|
| Auto Body Primer |
1.55 |
0.95 |
| Electrical/Electronic/Conformal | | |
| Coating |
| 2.00 |
| Exact Match
Finish: | | |
|
| Automotive |
1.50 |
0.95 |
|
| Engine |
1.70 |
0.95 |
|
| Industrial |
2.05 |
1.20 |
| Flexible Coating |
| 1.60 |
| Ground Traffic/Marking Coating |
1.20 |
0.85 |
| Mold Release Coating |
| 1.10 |
| Two Component Coating |
| 1.20 |
| Uniform Finish Coating |
|
1.30 |
| | |
|
Specialty Coatings (B)
|
01/01/2003
|
01/01/2015
|
| Art Fixative or Sealant |
1.80 |
1.75 |
| Automotive Bumper and Trim Product |
1.75 |
1.70 |
| Aviation or Marine Primer |
2.00 |
1.25 |
| Aviation Propeller Coating |
2.50 |
1.40 |
| Corrosion Resistant Brass, Bronze, or
Copper Coating |
1.80 |
1.80 |
| Floral Coating |
1.70 |
0.85 |
| Glass Coating |
1.40 |
1.35 |
| High Temperature Coating |
1.85 |
1.85 |
| Hobby/Model/Craft Coating: |
2.70 |
1.60 |
| Marine Spar Varnish |
0.90 |
0.90 |
| Photograph Coating |
1.00 |
0.75 |
| Pleasure Craft Finish
Primer/Surfacer/Undercoater |
1.05 |
0.90 |
| Pleasure Craft Topcoat |
0.60 |
0.60 |
| Polyolefin Adhesion Promoter |
2.50 |
2.50 |
| Rust Converter |
| 1.10 |
| Shellac Sealer |
1.00 |
1.00 |
| Slip-resistant/Non-slip Grip
Coating |
2.45 |
2.10 |
| Spatter/Multicolor/Stucco Coating |
1.05 |
1.05 |
| Vinyl/Fabric/Leather/Plastic Coating |
1.55 |
1.45 |
| Webbing/Veiling Coating |
0.85 |
0.75 |
| Weld-Through Primer |
1.00 |
1.00 |
| Wood Stain Coating |
1.40 |
0.90 |
| Wood Touch-Up/Repair/Restoration
Coating |
1.50 |
1.45 |
(b) If an "Aerosol Coating Product" is
subject to both a General Coating limit and a Specialty Coating limit, as
listed in the Table of Reactivity Limits in section
94522(a)(2), and
the product meets all the criteria of the applicable Specialty Coating category
as defined in section
94521, then the Specialty Coating
limit shall apply instead of the General Coating limit.
(c)
Sell-Through of Products
(1) Notwithstanding the provisions of section
94522(a)(2), an
aerosol coating product manufactured prior to each of the effective dates
specified for that product in the Table of Reactivity Limits may be sold,
supplied, offered for sale, or applied for up to three years after each of the
specified effective dates. This subsection does not apply to:
(A) any aerosol coating product that does not
display on the product container or package the date on which the product was
manufactured, or a code indicating such date, or
(B) any aerosol coating product on which the
manufacturer has used a code indicating the date of manufacture that is
different than the code specified in section
94524(b)(2)(B),
but an explanation of the code has not been filed with the CARB Executive
Officer by the deadlines specified in section
94524(b)(2)(E)1.,
or section
94524(b)(2)(E)2.,
or
(C) Products contained in
multi-unit packages, as specified below:
1.
Subsection (d)(1) does not apply to any individual aerosol coating product unit
contained within a multi-unit package that is produced or assembled after
January 1, 2015, where the multi-unit package does not display the date(s) or
date-code(s) of the individual product units, or display the date of assembly,
such that the displayed information is not readily observable without
irreversibly disassembling any portion of the container or packaging.
2. For the purposes of this section, "date of
assembly" means the date that the individual product units are assembled into
the finished multi-unit package.
3.
For multi-unit packages that display the "date of assembly" instead of the
date(s) or date-code(s) of the individual product units, the "date of assembly"
shall be the "date of manufacture" for all of the product units contained
within the multi-unit package. In other words, all of the product units shall
be deemed to have been manufactured on the date these units are assembled into
the multi-unit package, even if the individual product units show different
date(s) or date-code(s).
(2)
Notification for products sold
during the sell-through period. Any person who sells or supplies an
aerosol coating product subject to the Table of Reactivity Limits in section
94522(a) must
notify the purchaser of the product in writing of the date on which the
sell-through period for that product will end, provided, however, that this
notification must be given only if all of the following conditions are met:
(A) the product is being sold or supplied to
a distributor or retailer;
(B) the
sell-through period for the product will expire 6 months or less from the date
the product is sold or supplied;
(C) the product does not comply with the
lowest Reactivity Limit that applies on the date the sell-through period
ends.
(d)
Prohibition on use of Methylene Chloride, Perchloroethylene, or
Trichloroethylene.
(1) No person
shall sell, supply, offer for sale, apply, or manufacture for use in California
any "Aerosol Coating Product" which contains methylene chloride,
perchloroethylene, or trichloroethylene.
(2) The requirements of section
94522(d)(1) shall
not apply to any "Aerosol Coating Product" containing methylene chloride,
perchloroethylene, or trichloroethylene that is present in a combined amount
equal to or less than 0.01% by weight of the product.
(e)
Prohibition on use of Ozone
Depleting Substances.
(1) No person
shall sell, supply, offer for sale, apply, or manufacture for use in California
any "Aerosol Coating Product" which contains an ozone depleting substance
identified by the United States Environmental Protection Agency in the Code of
Federal Regulations, 40 CFR Part 82 , Subpart A, under Appendices A and B, July
1, 1998.
(2) The requirements of
section 94522(e)(1) shall
not apply to any aerosol coating product containing an ozone depleting
substance as identified in section
94522(e)(1) that
is present in a combined amount equal to or less than 0.01% by weight of the
product.
(f)
Multi-component Kits.
No person shall sell, supply, offer for sale, apply, or
manufacture for use in California any "Multi-component Kit," as defined in
section 94521, in which the Kit PWMIR is
greater than the Total Reactivity Limit. The Total Reactivity Limit represents
the limit that would be allowed in the "Multi-component Kit" if each component
product in the kit had separately met the applicable Reactivity Limit. The Kit
PWMIR and Total Reactivity Limit are calculated as in equations (1), (2), and
(3) below:
(1) Kit PWMIR =
(PWMIR(1) x W1) +
(PWMIR(2) x W2) +...+
(PWMIR(n)x Wn)
(2) Total Reactivity Limit =
(RL1 x W1) +
(RL2 x W2) +...+
(RLn x Wn)
(3) Kit PWMIR [LESS THAN EQUAL TO] Total
Reactivity Limit
Where:
W = the weight of the product contents (excluding
container)
RL = the Reactivity Limit specified in section
94522(a)
Subcsript 1 denotes the first component product in the
kit
Subscript 2 denotes the second component product in the
kit
Subscript n denotes any additional component
product
(g)
Products Assembled by Adding Bulk Paint to Aerosol Containers of
Propellant. No person shall sell, supply, offer for sale, apply, or
manufacture for use in the State of California any "Aerosol Coating Product"
assembled by adding bulk paint to aerosol containers of "Propellant," unless
such products comply with the applicable reactivity limits specified in section
94522(a).
(h)
Assignment of Maximum Incremental
Reactivity (MIR) Values.
(1) All
ingredients in an amount equal to or exceeding 0.1 percent by weight shall be
used to calculate the PWMIR.
(2) In
order to calculate the PWMIR of an "Aerosol Coating Product" as specified in
section 94521(a)(64), the
MIR values of product ingredients are assigned as follows:
(A) Any ingredient which does not contain
carbon is assigned a MIR value of 0.0.
(B) "Coating Solid," "Extender," and
"Plasticizer" ingredients are assigned a MIR value of 0.0. "Antimicrobial
Compound" ingredients in an amount of up to 0.25 percent by weight and
"Fragrance" in an amount of up to 0.25 percent by weight are assigned a MIR
value of 0.0.
(C) For any ROC not
covered under (2)(A) and (2)(B) of this subsection (h), each ROC is assigned
the MIR value for that ROC as set forth in Subchapter 8.6, Article 1, section
94700 or
94701, Title 17, California Code
of Regulations.
(D) If a ROC is not
listed in section
94700, Title 17, California Code
of Regulations, but an isomer(s) of the ROC is listed, then the MIR value for
the isomer shall be used. If more than one isomer is listed, the listed MIR
value for the isomer with the highest MIR value shall be used.
(E) Except as provided in subsection (h)(4),
if a ROC or its isomer(s) is not listed in section
94700 or an aliphatic hydrocarbon
solvent is not listed in section
94701, Title 17, California Code
of Regulations, the MIR value for 1,2,3-trimethyl benzene shall be used to
determine the weighted MIR of the ROC to calculate the PWMIR.
(F) "Fragrance" present in an aerosol coating
in an amount exceeding 0.25 percent by weight shall use the MIR value for
terpinolene to determine the weighted MIR of the "Fragrance" to calculate the
PWMIR.
(3)
(A)
1. For
products manufactured before January 1, 2015: The MIR values dated July 18,
2001, shall be used to calculate the PWMIR for aerosol coating
products.
2. For products
manufactured on or after January 1, 2015: The MIR values dated October 2, 2010,
shall be used to calculate the PWMIR for aerosol coating products, and these
MIR values shall not be changed until at least January 1,
2020.
(B) If a new ROC is
added to section
94700 or
94701, the MIR value for the new
ROC shall be used instead of the value specified in section
94522(h)(2)(D) or
(E) to calculate the PWMIR after the
effective date of the MIR value.
(4) The MIR value for any aromatic
hydrocarbon solvent with a boiling range different from the ranges specified in
section 94701(b) shall be
assigned as follows:
(A) If the solvent dry
point is lower than or equal to 420° F, the MIR value specified in section
94701(b) for bin
23 shall be used.
(B) If the
solvent initial boiling point is higher than 420° F, the MIR value
specified in section
94701(b) for bin
24 shall be used.
1. New
section filed 1-8-96; operative 1-8-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 2).
2. Amendment of subsection (b) filed 11-18-97;
operative 11-18-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 47).
3. Amendment of subsection (a)(1) filed
8-24-98; operative 8-24-98 pursuant to Government Code section
11343.4(d)
(Register 98, No. 35).
4. Amendment filed 5-25-99; operative 6-24-99
(Register 99, No. 22).
5. Amendment of section heading and section
filed 6-18-2001; operative 7-18-2001 (Register 2001, No. 25).
6.
Amendment of section heading and section filed 9-17-2014; operative 1-1-2015
(Register 2014, No. 38).
7. Repealer of subsection (c), subsection
relettering, amendment of newly designated subsections (d)(2) and (e)(2) 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
39515,
39516,
39600,
39601,
41503.5,
41511,
41700
and
41712,
Health and Safety Code. Reference: Sections
39000,
39002,
39003,
39600,
39602,
39607,
39701,
40000,
41503.5,
41504,
41511,
41700
and
41712,
Health and Safety Code.
