Statutes, codes, and regulations
California Code Of Regulations
Title 17 - Public HealthDivision 3 - Air ResourcesChapter 1 - Air Resources BoardSubchapter 8.5 - Consumer Products
Article 3 - Aerosol Coating Products
Section 94526 - Test Methods and Compliance Verification

Cal. Code Regs. tit. 17 § 94526

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 94526 - Test Methods and Compliance Verification
(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 FractionMIR Value (October 2, 2010)
Alkanes
Alkane(s) containing 5 carbons1.45
Alkane(s) containing 6 carbons1.27
Alkane(s) containing 7 carbons1.41
Alkane(s) containing 8 carbons1.27
Alkane(s) containing 9 carbons1.09
Alkane(s) containing 10 carbons0.90
Alkane(s) containing 11+ carbons0.66
Aromatic Compounds
Xylene isomers, Ethyl benzene7.64
Aromatics containing 9 carbons7.99
Aromatics containing C10+carbons6.95

(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.

Cal. Code Regs. Tit. 17, § 94526

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.

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.