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arbcombo -- First Air Cleaner Regulation Due Date and Possible Amendments

Posted: 16 Sep 2009 09:06:28
This email notice is to follow up on our June 12, 2009 workshop
at which we discussed several possible amendments to our air
cleaner regulation.   Our plans have been finalized, and this
email plus the information at the website indicated below
provides important information.  Most importantly, the first
compliance date of October 18, 2009 will remain in effect; by
this date, manufacturers must notify the distributors, retailers,
and sellers of their air cleaners about the regulation and submit
documentation of that notification, along with contact
information, to ARB.  Instructions for providing the
documentation to ARB and an updated sample letter which
manufacturers may use for the notification are provided on our
website at
http://www.arb.ca.gov/research/indoor/aircleaners/aircleaners.htm
.       

Subsequent to the June 12 workshop, a second laboratory,
Intertek Testing Services, was approved to conduct the ozone
emissions test for air cleaners.  Additionally, Underwriters
Laboratories, Inc. (UL) issued two Certification Requirement
Decisions (CRDs) that clarified portions of the ozone emission
test protocol, which have the net effect of shortening the time
required to test some models (and a third CRD is expected to be
issued in a few weeks).  These actions plus our assessment of the
number of air cleaners that need to be tested for ozone led us to
conclude that an extension to the original compliance date of
October 18, 2010 for testing and certification is not needed. 
Consequently, we do not intend to extend that compliance date. 
However, in response to manufacturers’ concerns regarding
labeling, ARB staff plan to propose an extension of the deadline
for package labeling for one year, to October 18, 2011, and to
allow the use of adhesive labels (rather than printing on the
package) until October 1, 2012.  

Several additional amendments have also been identified by ARB
staff as necessary to improve implementation of the regulation. 
These amendments would (1) allow “mechanical filtration only” air
cleaners to be tested for electrical safety at additional
facilities; (2) incorporate into the regulation the three CRDs to
the ozone test protocol issued by UL; and (3) refine the
definition of “mechanical filtration only” to reference all
pollutants (not just particles) and be fully consistent with the
rest of the regulation.  

Staff will be presenting a brief update on the implementation of
the regulation to the Board at its October 22, 2009 hearing in
Sacramento.  Staff also will request that the Board delegate to
the Executive Officer authority to hear comments and approve
amendments to the regulation.  If that authority is granted, we
anticipate release of a staff report (Initial Statement of
Reasons) and the recommended amendments in November, 2009 for a
45-day public review period, with a possible hearing and decision
early in 2010.  More information will be available in the public
notice for the October Board hearing, which is anticipated to be
released on September 22, 2009. 
 
For further information about the regulation, please contact Jim
Behrmann at 916-322-8278 or jbehrman@arb.ca.gov, or Peggy Jenkins
at 916-323-1504 or mjenkins@arb.ca.gov.

For further information regarding the certification application
and required tests, please contact Ryan Johnson at 916-323-2190
or rjohnson@arb.ca.gov.

If you have problems accessing the webpages, please contact
Susan Lum at aircleaners@listserv.arb.ca.gov or by phone at
916-323-5043. 



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