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California Air Pollution Control Laws

HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 4 Nonvehicular Air Pollution Control

Chapter 3 Emission Limitations

§ 41712. Regulations to control volatile organic compounds in consumer products

(a) For purposes of this section, the following terms have the following meaning:

(1) “Consumer product” means a chemically formulated product used by household and institutional consumers, including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products; but does not include other paint products, furniture coatings, or architectural coatings.

(2) “Health benefit product” means an antimicrobial product registered with the Environmental Protection Agency.

(3) “Maximum feasible reduction in volatile organic compounds emitted” means at least a 60-percent reduction in the emissions of volatile organic compounds resulting from the use of aerosol paints, calculated with respect to the 1989 baseline year, including acetone in that baseline year.

(4) “Medical expert” means a physician, including a pediatrician, a microbiologist, or a scientist involved in research related to infectious disease and infection control.

(b) The state board shall adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, if the state board determines that adequate data exists to establish both of the following:

(1) The regulations are necessary to attain state and federal ambient air quality standards.

(2) The regulations are commercially and technologically feasible and necessary.

(c) A regulation shall not be adopted which requires the elimination of a product form.

(d) The state board shall not adopt regulations pursuant to subdivision (b) unless the regulations are technologically and commercially feasible, and necessary to carry out this division. The state board shall consider the effect that the regulations proposed for health benefit products will have on the efficacy of those products in killing or inactivating agents of infectious diseases such as viruses, bacteria, and fungi, and the impact the regulations will have on the availability of health benefit products to California consumers.

(e) Prior to adopting regulations pursuant to this section governing health benefit products, the state board shall consider any recommendations received from federal, state, or local public health agencies and medical experts in the field of public health.

(f) A district shall adopt no regulation pertaining to disinfectants, nor any regulation pertaining to a consumer product that is different than any regulation adopted by the state board for that purpose.

(g) A consumer product manufactured prior to each effective date specified in regulations adopted by the state board pursuant to this section that applies to that consumer product may be sold, supplied, or offered for sale for a period of three years from the specified effective date if the date of manufacture or a representative date code is clearly displayed on the product at the point of sale. An explanation of the date code shall be filed with the state board.

(h) (1) It is the intent of the Legislature that, prior to January 1, 2000, air pollution control standards affecting the formulation of aerosol adhesives and limiting emissions of reactive organic compounds resulting from the use of aerosol adhesives be set solely by the state board to ensure uniform standards applicable on a statewide basis.

(2) The Legislature recognizes that the current state board volatile organic compound (VOC) limit for aerosol adhesives is 75 percent by weight. Effective January 1, 1997, the state board's 75-percent standard shall apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses, and any district regulations limiting the VOC content of, or emissions from, aerosol adhesives, are null and void. After that date, a district may adopt and enforce the state board's 75-percent standard for aerosol adhesives, or a subsequently adopted state board standard, in the same manner as a district regulation limiting the issuance of air contaminants.

(3) Notwithstanding any other provision of this section, on and after January 1, 2000, a district may adopt and enforce a regulation setting an emission standard or standards for VOC emissions for the use of aerosol adhesives that is more stringent than the standards adopted by the state board.

(i) (1) It is the intent of the Legislature that air pollution control standards affecting the formulation of aerosol paints and limiting the emissions of volatile organic compounds resulting from the use of aerosol paints be set solely by the state board to ensure uniform standards applicable on a statewide basis. A district shall not adopt or enforce any regulation regarding the volatile organic compound content of, or emissions from, aerosol paints until the state board has adopted a regulation regarding those paints, and any district regulation shall not be different than the state board regulation. A district may observe and enforce a state board regulation regarding aerosol paints in the same manner as a district regulation limiting the issuance of air contaminants. This subdivision shall not apply to any district that has adopted a rule or regulation regarding aerosol paints pursuant to an order of a federal court, until the federal court has authorized the district to observe and enforce the state board regulation in lieu of the district regulation.

(2) The state board shall adopt regulations requiring the maximum feasible reduction in volatile organic compounds emitted from the use of aerosol paints. The regulations shall establish final limits and require full compliance, and shall establish interim limits prior to that date resulting in reductions in reactive organic compounds.

(3) The state board shall conduct a public hearing on the technological or commercial feasibility of achieving full compliance with the final limits. If the state board determines that a 60-percent reduction in emissions of reactive organic compounds from the use of aerosol paints is not technologically or commercially feasible, the state board may grant an extension of time not to exceed five years. During any extension of time, the most stringent interim limits shall be applicable. Any regulation adopted by the state board shall include a provision authorizing the time extension and requiring a public hearing on technological or commercial feasibility consistent with this subdivision. The state board shall seek to ensure that the final limits for aerosol paints established pursuant to this subdivision do not become federally enforceable prior to the effective date established by the state board for these limits, including any extension granted under this subdivision.

(4) Reductions required for aerosol paints under this subdivision are not intended to apply to any other consumer product.

(j) The state board shall not adopt a regulation pertaining to disinfectants any sooner than December 1, 2003.

(k) The state board shall comply with its volatile organic compound emission reduction obligations under the 1994 State Implementation Plan, or any amendments thereto, and shall ensure that there is no loss of emission reductions as a result of its compliance with subdivision (j).

Added Stats 1988 ch 1568 § 26. Amended Stats 1991 ch 891 § 1 (SB 1237), effective October 12, 1991; Stats 1992 ch 711 § 70 (AB 2874) (ch 945 prevails), ch 945 § 14 (AB 2783); Stats 1993 ch 1028 § 7 (AB 1890); Stats 1996 ch 766 § 1 (AB 1849); Stats 1997 ch 568 § 1 (SB 987), ch 689 § 2 (SB 230); Stats 2004 ch 644 § 17 (AB 2701).

Amendments:

1991 Amendment: (1) Added the second sentence of subd (b); (2) substituted “does” for “do” after “products; but” in subd (c); (3) added subd (d); and (4) redesignated former subd (d) to be (e).

1992 Amendment: (1) Amended subd (c) by (a) adding “aerosol paints;” after “sanitizers;”; and (b) substituting “other paint products” for “paint” after “does not include”; and (2) deleted “Prior to January 1, 1994,” in the beginning of subd (e).

1993 Amendment: (1) Deleted “On or before January 1, 1992,” in the beginning of subd (a); and (2) added subd (f).

1996 Amendment: (1) Redesignated former subd (c) to be subd (a); (2) amended subd (a) by (a) adding “the following terms have the following meaning:” in the introductory clause; (b) adding subdivision designation (1); (c) redesignating former subds (d)(3)(A) and (d)(3)(B) to be subds (2) and (4); and (d) added subd (3); (3) redesignated former subds (a), (b), (d)(1), (d)(2), (e), and (f) to be subds (b), (d), (e)(1), (e)(2), (f), and (i); (4) amended the introductory clause of subd (b) by substituting (a) “volatile” for “reactive” after “feasible reduction in”; and (b) “to establish both of the following:” for “for it to adopt the regulations.”; (5) added subds (b)(1), (b)(2), and (c); (6) deleted the former introductory clause of former subd (d)(3) which read: “(3) For purposes of this subdivision, the following definitions apply:”; (7) added subds (g) and (h); (8) amended subd (i)(1) by substituting (a) “volatile” for “reactive” after “the emissions of” in the first sentence; and (b) “volatile” for “reactive” after “regulation regarding the” in the second sentence; (9) amended subd (i)(2) by (a) substituting “volatile” for “reactive” after “feasible reduction in” in the first sentence; and (b) deleting the former third sentence which read: “For the purposes of this subdivision, “maximum feasible reduction in reactive organic compounds emitted” means at least a 60 percent reduction in the emissions of reactive organic compounds resulting from the use of aerosol paints, calculated with respect to the 1989 baseline year.”; and (10) substituted “subdivision (c)” for “subdivision (b)” at the end of subd (i)(4).

1997 Amendment: (1) Added “, including acetone in that baseline year” at the end of subd (a)(3); (2) amended subd (e) by (a) deleting “including, but not limited to, disinfectants,” after “health benefit products,” in subd (e)(1); and (b) substituting “that” for “which” after “Governor a report” in subd (e)(2); (3) substituted “pertaining to disinfectants, nor any regulation pertaining to a consumer product that” for “relating to a consumer product which” in subd (f); (4) deleted the former comma after “use of aerosol adhesives” in subd (h)(1); (5) amended subd (i) by (a) substituting “the state board” for “it” after “by December 31, 1999,” in the second sentence of subd (i)(3); and (b) deleting “and the regulation of aerosol paints is not subject to subdivision (c)” at the end of subd (i)(4); and (6) added subds (j) and (k). (As amended Stats 1997 ch 689, compared to the section as it read prior to 1997. This section was also amended by an earlier chapter, ch 568. See Gov C § 9605.)

2004 Amendment: (1) Redesignated subd (e)(1) to be subd (e); (2) deleted subdivision (e)(2), which read: “Within 30 days from the date of the adoption of any regulation pursuant to this section governing health benefit products, the state board shall prepare and submit to the Legislature and the Governor a report that summarizes any recommendations received pursuant to paragraph (1) and any conclusions made by the state board concerning the recommendations.”; (3) deleted subd (h)(3), which read: “On or before July 1, 2000, the state board shall prepare a study and conduct a public hearing on the need for, and the feasibility of, establishing a more stringent standard or standards for aerosol adhesives. If the state board finds that more stringent limits for aerosol adhesives are expected to become feasible, the state board shall, at that time, adopt a standard or standards to implement more stringent VOC limits. At a minimum, the state board shall establish standards pursuant to this paragraph that constitute best available retrofit control technology, as defined in Section 40406, and implement all plans adopted pursuant to Chapter 10 (commencing with Section 40910) of Part 3 unless the state board determines that those measures are not achievable.”; (4) redesignated subd (h)(4) to be subd (h)(3); (5) deleted “such time as” after “until” in the second and fourth sentences of subd (i)(1); (6) amended subd (i)(2) by deleting (a) “On or before January 1, 1995,” at the beginning; and (b) “not later than December 31, 1999” after “compliance”; and (7) amended subd (i)(3) by deleting (a) On or before December 31, 1998,” at the beginning; (b) “by December 31, 1999” at the end of the first sentence and after “feasible” in the second sentence”; and (c) “such” before “extension” in the third sentence.

Editor's Notes- For citation of act and legislative findings, declarations and intent, see the 1988 Note following H & S C § 40910.

Cross References: Emission fee for certain consumer products, as defined in H & S C § 41712: H & S C § 39613.

Attorney General's Opinions: When the California Air Resources Board adopts regulations to reduce volatile organic compound emissions from consumer products, the statutory prohibition against the elimination of a “product form” refers to the shape and structure of the product, such as liquid, solid, powder, gel, crystal, aerosol, or pump spray, as distinguished from the material of which it is composed. 84 Ops. Cal. Atty. Gen. 49.

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