Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For the
purposes of this article, the following definitions shall apply:
(1) "ACP Emissions" means the sum of the VOC
emissions from every ACP product subject to an Executive Order approving an
ACP, during the compliance period specified in the Executive Order, expressed
to the nearest pound of VOC and calculated according to the following equation:
ACP Emissions =
(Emissions)1 +
(Emissions)2 +...+
(Emissions)N
where,
| Emissions | = | [VOC
Content] x [Enforceable
Sales] | |
|
|
|
| 100 |
|
For all products except for charcoal lighter material
products:
| VOC
Content | = | [(B - C) x
100] | |
|
|
|
| A |
|
A = net weight of unit (excluding container and
packaging)
B = total weight of all VOCs per unit, as defined in
subsection (a)(31) of this section
C = total weight of all exempted VOCs per unit, as
specified in section
94510
For charcoal lighter material products only:
| VOC
Content | = | [Certified Emissions x
100] | |
|
|
|
| Certified Use
Rate |
|
Certified Emissions = the emission level for products
approved by the Executive Officer under section
94509(h), as
determined pursuant to South Coast Air Quality Management District Rule 1174
Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
the nearest 0.001 pound CH2 per start.
Certified Use Rate = the usage level for products
approved by the Executive Officer under section
94509(h), as
determined pursuant to South Coast Air Quality Management District Rule 1174
Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
the nearest 0.001 pound certified product used per start.
For all products to which this Article applies:
Enforceable Sales = the total amount of an ACP product
sold for use in California, during the applicable compliance period specified
in the Executive Order approving an ACP, as determined through enforceable
sales records (expressed to the nearest pound, excluding container and
packaging).
1,2,...N = each product in an ACP up to the maximum
N.
(2) "ACP Limit" means the
maximum allowable ACP Emissions during the compliance period specified in an
Executive Order approving an ACP, expressed to the nearest pound of VOC and
calculated according to the following equation:
ACP Limit =
(Limit)1 +
(Limit)2 +...+
(Limit)N
where,
| Limit | = | [ACP
Standard] x [Enforceable
Sales] | |
|
|
|
| 100 |
|
Enforceable Sales = the total amount of an ACP product
sold for use in California, during the applicable compliance period specified
in the Executive Order approving an ACP, as determined through enforceable
sales records (expressed to the nearest pound, excluding container and
packaging).
ACP Standard = either the ACP product's Pre-ACP VOC
Content or the applicable VOC standard specified in sections
94509, whichever is the lesser of
the two.
Pre-ACP VOC Content = the lowest VOC content which the
ACP product had between January 1, 1990 and the date on which the application
for a proposed ACP is submitted to the Executive Officer, based on either the
data on the product obtained from the March 12, 1991 Air Resources Board
Consumer Products Survey, or other accurate records available to the Executive
Office, whichever yields the lowest VOC content for the product.
1,2,...N = each product in an ACP up to the maximum
N.
(3) "ACP Product" means
any "consumer product" subject to the VOC standards specified in section
94509, except those products that
have been exempted under section
94510, or exempted as Innovative
Products under section
94511.
(4) "ACP Reformulation" or "ACP Reformulated"
means the process of reducing the VOC Content of an ACP product, within the
period that an ACP is in effect, to a level which is less than the current VOC
content of the product.
(5) "ACP
Standard" means either the ACP product's Pre-ACP VOC Content or the applicable
VOC standard specified in section
94509, whichever is the lesser of
the two.
(6) "Alternative Control
Plan" or "ACP" means any emissions averaging program approved by the Executive
Officer pursuant to the provisions of this article.
(7) "Compliance Period" means the period of
time, not to exceed one year, for which the ACP Limit and ACP Emissions are
calculated and for which compliance with the ACP Limit is determined, as
specified in the Executive Order approving an ACP.
(8) "Contact Person" means a
representative(s) that has been designated by the responsible ACP party for the
purpose of reporting or maintaining any information specified in the Executive
Order approving an ACP.
(9)
"Date-Code" means the day, month and year on which the ACP product was
manufactured, filled, or packaged, or a code indicating such a date.
(10) "Enforceable Sales" means the total
amount of an ACP product sold for use in California, during the applicable
compliance period specified in the Executive Order approving an ACP, as
determined through enforceable sales records (expressed to the nearest pound,
excluding product container and packaging).
(11) "Enforceable Sales Record" means a
written, point-of-sale record or any other Executive Officer-approved system of
documentation from which the mass, in pounds (less product container and
packaging), of an ACP product sold to the end user in California during the
applicable compliance period can be accurately documented. For the purposes of
this article, "enforceable sales records" include, but are not limited to, the
following types of records:
(A) accurate
records of direct retail or other outlet sales to the end user during the
applicable compliance period;
(B)
accurate compilations, made by independent market surveying services, of direct
retail or other outlet sales to the end users for the applicable compliance
period, provided that a detailed method which can be used to verify any data
comprising such summaries is submitted by the responsible ACP party and
approved by the Executive Officer;
(C) any other accurate product sales records
approved by the Executive Officer as meeting the criteria specified in this
subsection (a)(11).
(D) for
pesticides only, accurate mill assessment records for economic poisons,
verified by the California Department of Pesticide Regulations, which cover the
sales of ACP pesticide products during the applicable compliance
period.
(12) "Executive
Order" means the document signed by the Executive Officer which includes the
conditions and requirements of the ACP, and which allows manufacturers to sell
ACP products in California pursuant to the requirements of this
article.
(13) "Gross California
Sales" means the estimated total California sales of an ACP product during a
specific compliance period (expressed to the nearest pound), based on either of
the following methods, whichever the responsible ACP party demonstrates to the
satisfaction of the Executive Officer will provide an accurate California sales
estimate:
(A) apportionment of national or
regional sales of the ACP product to California sales, determined by
multiplying the average national or regional sales of the product by the
fraction of the national or regional population, respectively, that is
represented by California's current population; or
(B) any other documented method which
provides an accurate estimate of the total current California sales of the ACP
product.
(14) "LVP" or
"LVP Compound" shall have the same meaning as "LVP-VOC," as defined in section
94508(a).
(15) "LVP Content" means the total weight, in
pounds, of LVP compounds in an ACP product multiplied by 100 and divided by the
product's total net weight (in pounds, excluding container and packaging),
expressed to the nearest 0.1.
(16)
"Missing Data Days" means the number of days in a compliance period for which
the responsible ACP party has failed to provide the required Enforceable Sales
or VOC Content data to the Executive Officer, as specified in the Executive
Order approving an ACP.
(17)
"One-product business" means a responsible ACP party which sells, supplies,
offers for sale, or manufactures for use in California:
(A) only one distinct ACP product, sold under
one product brand name, which is subject to the requirements of section
94509, or
(B) only one distinct ACP product line
subject to the requirements of sections
94509, in which all the ACP
products belong to the same product category(ies) and the VOC Contents in the
products are within 98.0% and 102.0% of the arithmetic mean of the VOC Contents
over the entire product line.
(18) "Pre-ACP VOC Content" means the lowest
VOC content of an ACP product between January 1, 1990 and the date on which the
application for a proposed ACP is submitted to the Executive Officer, based on
either the data on the product obtained from the March 12, 1991 Air Resources
Board Consumer Products Survey or other accurate records available to the
Executive Officer, whichever yields the lowest VOC content for the
product.
(19) "Product Line" means
a group of products of identical form and function belonging to the same
product category(ies).
(20)
"Reconcile" or "Reconciliation" means to provide sufficient VOC emission
reductions to completely offset any shortfalls generated under the ACP during
an applicable compliance period.
(21) "Reconciliation of Shortfalls Plan"
means the plan to be implemented by the responsible ACP party when shortfalls
have occurred, as approved by the Executive Officer pursuant to section
94543(a)(7)(J).
(22) "Responsible ACP Party" means the
company, firm or establishment which is listed on the ACP product's label. If
the label lists two or more companies, firms, or establishments, the
"responsible ACP party" is the party which the ACP product was "manufactured
for" or "distributed by", as noted on the label.
(23) "Retail Outlet" means any establishment
at which consumer products are sold, supplied, or offered for sale directly to
consumers.
(24) "Shortfall" means
the ACP Emissions minus the ACP Limit when the ACP Emissions were greater than
the ACP Limit during a specified compliance period, expressed to the nearest
pound of VOC. "Shortfall" does not include emissions occurring prior to the
date that the Executive Order approving an ACP is signed by the Executive
Officer.
(25) "Small Business"
shall have the same meaning as defined in Government Code Section
11342(h).
(26) "Surplus Reduction" means the ACP Limit
minus the ACP Emissions when the ACP Limit was greater than the ACP Emissions
during a given compliance period, expressed to the nearest pound of VOC. Except
as provided in section
94547(c),
"Surplus Reduction" does not include emissions occurring prior to the date that
the Executive Order approving an ACP is signed by the Executive
Officer.
(27) "Surplus Trading"
means the buying, selling, or transfer of Surplus Reductions between
responsible ACP parties.
(28)
"Total Maximum Historical Emissions" (TMHE), means the total VOC emissions from
all ACP products for which the responsible ACP party has failed to submit the
required VOC Content or Enforceable Sales records. The TMHE shall be calculated
for each ACP product during each portion of a compliance period for which the
responsible ACP has failed to provide the required VOC Content or Enforceable
Sales records. The TMHE shall be expressed to the nearest pound and calculated
according to the following calculation:
TMHE =
(MHE)1 +
(MHE)2 +...+
(MHE)N
| MHE | = | [Highest
VOC Content x Highest Sales] | x Missing Data
Days |
|
|
|
| 100
x 365 |
|
where,
Highest VOC Content = the maximum VOC content which the
ACP product has contained in the previous 5 years, if the responsible ACP party
has failed to meet the requirements for reporting VOC Content data (for any
portion of the compliance period), as specified in the Executive Order
approving the ACP, or the current actual VOC Content, if the responsible ACP
party has provided all required VOC Content data (for the entire compliance
period), as specified in the Executive Order.
Highest Sales = the maximum one-year Gross California
Sales of the ACP product in the previous 5 years, if the responsible ACP party
has failed to meet the requirements for reporting Enforceable Sales records
(for any portion of the compliance period), as specified in the Executive Order
approving the ACP, or the current actual one-year Enforceable Sales for the
product, if the responsible ACP party has provided all required Enforceable
Sales records (for the entire compliance period), as specified in the Executive
Order approving the ACP.
Missing Data Days = the number of days in a compliance
period for which the responsible ACP party has failed to provide the required
Enforceable Sales or VOC Content data as specified in the Executive Order
approving an ACP.
1, 2, ..., N = each product in an ACP, up to the maximum
N, for which the responsible ACP party has failed to submit the required
Enforceable Sales or VOC Content data as specified in the Executive Order
approving an ACP.
(29) "VOC
Content" means the total weight of VOC in a product, expressed to the nearest
0.1 pounds of VOC per 100 pounds of product and calculated according to the
following equation:
For all products except for charcoal lighter material
products:
| VOC
Content | = | [(B -
C) x 100] | |
|
|
|
| A |
|
A = net weight of unit (excluding container and
packaging)
B = total weight of all VOCs per unit, as defined in
section 94542(a)(31)
C = total weight of all exempted VOCs per unit, as
specified in section
94510
For charcoal lighter material products only,
| VOC
Content | = | [Certified Emissions x
100] | |
|
|
|
| Certified Use
Rate |
|
Certified Emissions = the emissions level for products
approved by the Executive Officer under section
94509(h), as
determined pursuant to South Coast Air Quality Management District Rule 1174
Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
the nearest 0.001 pound CH2 per start.
Certified Use Rate = the usage level for products
approved by the Executive Officer under section
94509(h), as
determined pursuant to South Coast Air Quality Management District Rule 1174
Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
the nearest 0.001 pound certified product used per start.
(30) "VOC Standard" means the maximum
allowable VOC content for an ACP product, determined as follows:
(A) the applicable VOC Standard specified in
section 94509, for all ACP products except
for charcoal lighter material;
(B)
for charcoal lighter material products only, the VOC Standard for the purposes
of this article shall be calculated according to the following equation:
| VOC
Standard | = | [0.020 pound
CH2
per start x 100] | |
|
|
|
| Certified Use
Rate |
|
where,
0.020 = the certification emissions level for the
Executive Officer-approved product, as specified in section
94509(h).
Certified Use Rate = the usage level for products
approved by the Executive Officer under section
94509(h), as
determined pursuant to South Coast Air Quality Management District Rule 1174
Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
the nearest 0.001 pound certified product used per
start.
(31)
"Volatile Organic Compound" or "VOC" shall have the same meaning as defined in
section 94508(a)(90).
(32) "Working Day" means any day between
Monday through Friday, inclusive, except for days that are federal
holidays.
1. New
section filed 8-10-95; operative 9-9-95 (Register 95, No. 32).
2.
Amendment of subsections (a)(1)-(3), (a)(5), (a)(17)(A)-(a)(18), (a)(25),
(a)(29), (a)(30)(A) and (b) filed 1-8-96; operative 1-8-96 pursuant to
Government Code section
11343.4(d)
(Register 96, No. 2).
3. Editorial correction adding inadvertantly
omitted subsection (a) designator (Register 96, No. 9).
4. Amendment
of subsections (a)(1)-(3), (a)(5) and (a)(14), repealer of subsections
(a)(14)(A)-(B), amendment of subsections (a)(17)-(18), (a)(29), (a)(30)(A) and
(b) 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
and
41712,
Health and Safety Code. Reference: Sections
39000,
39002,
39003,
39600,
39602,
40000,
41504,
41511,
41700
and
41712,
Health and Safety Code.
