Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Test Methods
Compliance with the requirements of this article shall be
determined by using the following test methods, which are incorporated by
reference herein. Alternative test methods which are shown to accurately
determine the PWMIR, ingredient name and weight percent of each ingredient,
metal content, specular gloss, or acid content may also be used after approval
in writing by the Executive Officer:
(1) The ingredients and the amount of each
ingredient of all aerosol coating products subject to the provisions of this
article shall be determined by the procedures set forth in "California 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
August 1, 2022, which is incorporated herein by reference. Only ingredients
present in amount equal to or greater than 0.1 percent by weight will be
reported.
(2) Metal Content. The
metal content of metallic aerosol coating products shall be determined by ASTM
D5381-93, Standard Guide for X-Ray Fluorescence (XRF) Spectroscopy of Pigments
and Extenders (Reapproved July 1, 2014), which is incorporated by reference
herein.
(3) Specular Gloss.
Specular gloss of flat and non-flat coatings shall be determined by ASTM
D523-08, Standard Test Method for Specular Gloss (June 1, 2008), which is
incorporated by reference herein.
(4) Acid Content. The acid content of rust
converters shall be determined by ASTM D1613-06, Standard Test Method for
Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish,
Lacquer, and Related Products (April 1, 2006), which is incorporated by
reference herein.
(b)
Compliance Verification
(1)
Upon written notification from the Executive Officer, the Responsible Party
shall have 25 working days from the date of mailing to provide to the Executive
Officer the exact product formulation and any other information necessary to
determine compliance for products selected for testing:
(A) For the purpose of this subsection,
formulation means the exact weight fraction of all ingredients including: each
ROC, water, "Antimicrobial Compound," "Coating Solid," "Extender,"
"Plasticizer," and any compounds assigned a MIR value of zero as specified in
section 94522(i).
1. Each ROC must 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 aerosol coating formulation. If an individual ROC is present in an
amount less than 0.1 percent by weight, then it does not need to be reported as
an ingredient.
2. Each hydrocarbon
solvent must 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 aerosol coating
formulation. The solvent Bin number must be specified.
3. Any ROC constituent of any raw material
must 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 aerosol coating formulation. This
means, for example, that any ROC included in a resin or other raw material must
be reported as part of the formulation.
4. Hydrocarbon propellant ingredients must be
specified and reported separately. In other words, the portion of the
hydrocarbon propellant that is propane, butane, isobutane, or any other ROC
must be reported as an ingredient.
5. A safety data sheet (SDS) does not
constitute a product's formulation.
(B) the product category as defined in
section 94521(a);
(C) the PWMIR of the "Aerosol Coating
Product;"
(D) any other information
necessary to determine the PWMIR of the aerosol coating product to be tested
including the MIR value for each individual ingredient or hydrocarbon
solvent(s) used to calculate the PWMIR;
(E) Failure to provide the required
information within 25 working days or providing incomplete or inaccurate
formulation data are violations and subject to penalties.
(2) The Responsible Party must supply the
contact person, mailing address, email address, and phone number for the party
who is to be contacted to provide the information specified in
(b)(1).
(3) The information
specified in (b)(2) shall be supplied to the Executive Officer before January
1, 2015, and anytime thereafter that the information changes.
(4) Final determination of the PWMIR of the
"Aerosol Coating Product" shall be determined using the information obtained
from section
94526(a).
(A) If an aerosol coating product contains
one or more Hydrocarbon Solvent(s), the following MIR values shall be used to
determine the weighted MIR for each Hydrocarbon Solvent fraction:
Table 94526(b)(4)(A)
|
Hydrocarbon Solvent Fraction
|
MIR Value (October 2, 2010)
|
| Alkanes | |
| Alkane(s) containing 5 carbons |
1.45 |
| Alkane(s) containing 6 carbons |
1.27 |
| Alkane(s) containing 7 carbons |
1.41 |
| Alkane(s) containing 8 carbons |
1.27 |
| Alkane(s) containing 9 carbons |
1.09 |
| Alkane(s) containing 10 carbons |
0.90 |
| Alkane(s) containing 11+ carbons |
0.66 |
| Aromatic Compounds | |
| Xylene isomers, Ethyl benzene |
7.64 |
| Aromatics containing 9 carbons |
7.99 |
| Aromatics containing C10+carbons |
6.95 |
(B) 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 be used to determine if
the product is in compliance with the applicable Reactivity Limit, and may be
used to establish a violation of this article.
1. New
section filed 1-8-96; operative 1-8-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 2).
2. Editorial correction of section number
(Register 96, No. 9).
3. Amendment of section and NOTE filed
11-13-97; operative 12-13-97 (Register 97, No. 46).
4. Amendment
filed 11-16-99; operative 12-16-99 (Register 99, No. 47).
5.
Amendment of first paragraph and subsections (a)-(a)(1), new subsections
(b)-(b)(3), subsection relettering, and amendment of newly designated
subsections (c)-(c)(1) filed 6-18-2001; operative 7-18-2001 (Register 2001, No.
25).
6. Amendment of subsections (a)(1), (b)(1), (c)(1) and (f)
filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
7.
Amendment of section heading and section filed 9-17-2014; operative 1-1-2015
(Register 2014, No. 38).
8. Amendment of subsection (a)(1), new
subsections (a)(2)-(4), amendment of subsection (b)(1)(A)5. 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,
39607,
39701,
41503.5,
41511,
41700
and
41712,
Health and Safety Code. Reference: Sections
39000,
39002,
39003,
39600,
39602,
39607,
40000,
41504,
41511,
41700
and
41712,
Health and Safety Code.
