Section 94522 - Reactivity Limits and Requirements(a)Reactivity Limits.(1) Except as provided in section 94523, any "Aerosol Coating Product" shall comply with the applicable General Coating limit specified in section 94522(a)(2) unless the "Aerosol Coating Product" meets all the requirements for the applicable Specialty Coating that is defined in section 94521. In such cases the Specialty Coating product shall comply with the applicable Specialty Coating limit specified in section 94522(a)(2).(2) Except as provided in sections 94523 (Exemptions) and 94525 (Variances), Title 17, California Code of Regulations, no person shall sell, supply, offer for sale, apply, or manufacture for use in California, any "Aerosol Coating Product" which, at the time of sale, use, or manufacture exceeds the limits specified in the following Table of Reactivity Limits after the specified effective date. Table of Reactivity Limits Product-Weighted MIR in Grams Ozone per Gram Product (g O3/g product)
| Aerosol Coating Category | | |
| General Coatings | 06/01/2002 | 01/01/2017 |
| Clear Coatings | 1.50 | 0.85 |
| Flat Paint Coating | 1.20 | 0.80 |
| Fluorescent Coating | 1.75 | 1.30 |
| Metallic Coating | 1.90 | 1.25 |
| Nonflat Coating | 1.40 | 0.95 |
| Primer | 1.20 | 0.70 |
| | |
| Specialty Coatings (A) | 01/01/2003 | 01/01/2017 |
| Auto Body Primer | 1.55 | 0.95 |
| Electrical/Electronic/Conformal | | |
| Coating | | 2.00 |
| Exact Match Finish: | | |
| Automotive | 1.50 | 0.95 |
| Engine | 1.70 | 0.95 |
| Industrial | 2.05 | 1.20 |
| Flexible Coating | | 1.60 |
| Ground Traffic/Marking Coating | 1.20 | 0.85 |
| Mold Release Coating | | 1.10 |
| Two Component Coating | | 1.20 |
| Uniform Finish Coating | | 1.30 |
| | |
| Specialty Coatings (B) | 01/01/2003 | 01/01/2015 |
| Art Fixative or Sealant | 1.80 | 1.75 |
| Automotive Bumper and Trim Product | 1.75 | 1.70 |
| Aviation or Marine Primer | 2.00 | 1.25 |
| Aviation Propeller Coating | 2.50 | 1.40 |
| Corrosion Resistant Brass, Bronze, or Copper Coating | 1.80 | 1.80 |
| Floral Coating | 1.70 | 0.85 |
| Glass Coating | 1.40 | 1.35 |
| High Temperature Coating | 1.85 | 1.85 |
| Hobby/Model/Craft Coating: | 2.70 | 1.60 |
| Marine Spar Varnish | 0.90 | 0.90 |
| Photograph Coating | 1.00 | 0.75 |
| Pleasure Craft Finish Primer/Surfacer/Undercoater | 1.05 | 0.90 |
| Pleasure Craft Topcoat | 0.60 | 0.60 |
| Polyolefin Adhesion Promoter | 2.50 | 2.50 |
| Rust Converter | | 1.10 |
| Shellac Sealer | 1.00 | 1.00 |
| Slip-resistant/Non-slip Grip Coating | 2.45 | 2.10 |
| Spatter/Multicolor/Stucco Coating | 1.05 | 1.05 |
| Vinyl/Fabric/Leather/Plastic Coating | 1.55 | 1.45 |
| Webbing/Veiling Coating | 0.85 | 0.75 |
| Weld-Through Primer | 1.00 | 1.00 |
| Wood Stain Coating | 1.40 | 0.90 |
| Wood Touch-Up/Repair/Restoration Coating | 1.50 | 1.45 |
(b) If an "Aerosol Coating Product" is subject to both a General Coating limit and a Specialty Coating limit, as listed in the Table of Reactivity Limits in section 94522(a)(2), and the product meets all the criteria of the applicable Specialty Coating category as defined in section 94521, then the Specialty Coating limit shall apply instead of the General Coating limit.(c)Sell-Through of Products(1) Notwithstanding the provisions of section 94522(a)(2), an aerosol coating product manufactured prior to each of the effective dates specified for that product in the Table of Reactivity Limits may be sold, supplied, offered for sale, or applied for up to three years after each of the specified effective dates. This subsection does not apply to: (A) any aerosol coating product that does not display on the product container or package the date on which the product was manufactured, or a code indicating such date, or(B) any aerosol coating product on which the manufacturer has used a code indicating the date of manufacture that is different than the code specified in section 94524(b)(2)(B), but an explanation of the code has not been filed with the CARB Executive Officer by the deadlines specified in section 94524(b)(2)(E)1., or section 94524(b)(2)(E)2., or(C) Products contained in multi-unit packages, as specified below: 1. Subsection (d)(1) does not apply to any individual aerosol coating product unit contained within a multi-unit package that is produced or assembled after January 1, 2015, where the multi-unit package does not display the date(s) or date-code(s) of the individual product units, or display the date of assembly, such that the displayed information is not readily observable without irreversibly disassembling any portion of the container or packaging.2. For the purposes of this section, "date of assembly" means the date that the individual product units are assembled into the finished multi-unit package.3. For multi-unit packages that display the "date of assembly" instead of the date(s) or date-code(s) of the individual product units, the "date of assembly" shall be the "date of manufacture" for all of the product units contained within the multi-unit package. In other words, all of the product units shall be deemed to have been manufactured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s).(2)Notification for products sold during the sell-through period. Any person who sells or supplies an aerosol coating product subject to the Table of Reactivity Limits in section 94522(a) must notify the purchaser of the product in writing of the date on which the sell-through period for that product will end, provided, however, that this notification must be given only if all of the following conditions are met: (A) the product is being sold or supplied to a distributor or retailer;(B) the sell-through period for the product will expire 6 months or less from the date the product is sold or supplied;(C) the product does not comply with the lowest Reactivity Limit that applies on the date the sell-through period ends.(d)Prohibition on use of Methylene Chloride, Perchloroethylene, or Trichloroethylene.(1) No person shall sell, supply, offer for sale, apply, or manufacture for use in California any "Aerosol Coating Product" which contains methylene chloride, perchloroethylene, or trichloroethylene.(2) The requirements of section 94522(d)(1) shall not apply to any "Aerosol Coating Product" containing methylene chloride, perchloroethylene, or trichloroethylene that is present in a combined amount equal to or less than 0.01% by weight of the product.(e)Prohibition on use of Ozone Depleting Substances.(1) No person shall sell, supply, offer for sale, apply, or manufacture for use in California any "Aerosol Coating Product" which contains an ozone depleting substance identified by the United States Environmental Protection Agency in the Code of Federal Regulations, 40 CFR Part 82 , Subpart A, under Appendices A and B, July 1, 1998.(2) The requirements of section 94522(e)(1) shall not apply to any aerosol coating product containing an ozone depleting substance as identified in section 94522(e)(1) that is present in a combined amount equal to or less than 0.01% by weight of the product.(f)Multi-component Kits.No person shall sell, supply, offer for sale, apply, or manufacture for use in California any "Multi-component Kit," as defined in section 94521, in which the Kit PWMIR is greater than the Total Reactivity Limit. The Total Reactivity Limit represents the limit that would be allowed in the "Multi-component Kit" if each component product in the kit had separately met the applicable Reactivity Limit. The Kit PWMIR and Total Reactivity Limit are calculated as in equations (1), (2), and (3) below:
(1) Kit PWMIR = (PWMIR(1) x W1) + (PWMIR(2) x W2) +...+ (PWMIR(n)x Wn)(2) Total Reactivity Limit = (RL1 x W1) + (RL2 x W2) +...+ (RLn x Wn)(3) Kit PWMIR [LESS THAN EQUAL TO] Total Reactivity Limit Where:
W = the weight of the product contents (excluding container)
RL = the Reactivity Limit specified in section 94522(a)
Subcsript 1 denotes the first component product in the kit
Subscript 2 denotes the second component product in the kit
Subscript n denotes any additional component product
(g)Products Assembled by Adding Bulk Paint to Aerosol Containers of Propellant. No person shall sell, supply, offer for sale, apply, or manufacture for use in the State of California any "Aerosol Coating Product" assembled by adding bulk paint to aerosol containers of "Propellant," unless such products comply with the applicable reactivity limits specified in section 94522(a).(h)Assignment of Maximum Incremental Reactivity (MIR) Values.(1) All ingredients in an amount equal to or exceeding 0.1 percent by weight shall be used to calculate the PWMIR.(2) In order to calculate the PWMIR of an "Aerosol Coating Product" as specified in section 94521(a)(64), the MIR values of product ingredients are assigned as follows: (A) Any ingredient which does not contain carbon is assigned a MIR value of 0.0.(B) "Coating Solid," "Extender," and "Plasticizer" ingredients are assigned a MIR value of 0.0. "Antimicrobial Compound" ingredients in an amount of up to 0.25 percent by weight and "Fragrance" in an amount of up to 0.25 percent by weight are assigned a MIR value of 0.0.(C) For any ROC not covered under (2)(A) and (2)(B) of this subsection (h), each ROC is assigned the MIR value for that ROC as set forth in Subchapter 8.6, Article 1, section 94700 or 94701, Title 17, California Code of Regulations.(D) If a ROC is not listed in section 94700, Title 17, California Code of Regulations, but an isomer(s) of the ROC is listed, then the MIR value for the isomer shall be used. If more than one isomer is listed, the listed MIR value for the isomer with the highest MIR value shall be used.(E) Except as provided in subsection (h)(4), if a ROC or its isomer(s) is not listed in section 94700 or an aliphatic hydrocarbon solvent is not listed in section 94701, Title 17, California Code of Regulations, the MIR value for 1,2,3-trimethyl benzene shall be used to determine the weighted MIR of the ROC to calculate the PWMIR.(F) "Fragrance" present in an aerosol coating in an amount exceeding 0.25 percent by weight shall use the MIR value for terpinolene to determine the weighted MIR of the "Fragrance" to calculate the PWMIR.(3)(A)1. For products manufactured before January 1, 2015: The MIR values dated July 18, 2001, shall be used to calculate the PWMIR for aerosol coating products.2. For products manufactured on or after January 1, 2015: The MIR values dated October 2, 2010, shall be used to calculate the PWMIR for aerosol coating products, and these MIR values shall not be changed until at least January 1, 2020.(B) If a new ROC is added to section 94700 or 94701, the MIR value for the new ROC shall be used instead of the value specified in section 94522(h)(2)(D) or (E) to calculate the PWMIR after the effective date of the MIR value.(4) The MIR value for any aromatic hydrocarbon solvent with a boiling range different from the ranges specified in section 94701(b) shall be assigned as follows: (A) If the solvent dry point is lower than or equal to 420° F, the MIR value specified in section 94701(b) for bin 23 shall be used.(B) If the solvent initial boiling point is higher than 420° F, the MIR value specified in section 94701(b) for bin 24 shall be used.Cal. Code Regs. Tit. 17, § 94522
1. New section filed 1-8-96; operative 1-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 2).
2. Amendment of subsection (b) filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
3. Amendment of subsection (a)(1) filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
4. Amendment filed 5-25-99; operative 6-24-99 (Register 99, No. 22).
5. Amendment of section heading and section filed 6-18-2001; operative 7-18-2001 (Register 2001, No. 25).
6. Amendment of section heading and section filed 9-17-2014; operative 1-1-2015 (Register 2014, No. 38).
7. Repealer of subsection (c), subsection relettering, amendment of newly designated subsections (d)(2) and (e)(2) 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, 41503.5, 41511, 41700 and 41712, Health and Safety Code. Reference: Sections 39000, 39002, 39003, 39600, 39602, 39607, 39701, 40000, 41503.5, 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. Amendment of subsection (b) filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
3. Amendment of subsection (a)(1) filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
4. Amendment filed 5-25-99; operative 6-24-99 (Register 99, No. 22).
5. Amendment of section heading and section filed 6-18-2001; operative 7-18-2001 (Register 2001, No. 25).
6. Amendment of section heading and section filed 9-17-2014; operative 1/1/2015 (Register 2014, No. 38).
7. Repealer of subsection (c), subsection relettering, amendment of newly designated subsections (d)(2) and (e)(2) 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.