Cal. Code Regs. Tit. 17, § 93112 - Hexavalent Chromium and Cadmium Airborne Toxic Control Measure - Motor Vehicle and Mobile Equipment Coatings
(a) Applicability
(1) Except as provided in subdivision (b),
this section applies to any person who sells, supplies, offers for sale,
distributes, or manufactures coatings for use in motor vehicle and/or mobile
equipment coating activities in California.
(2) This section also applies to the owner or
operator of any motor vehicle and/or mobile equipment coating facility that
uses motor vehicle and/or mobile equipment coatings in California.
(3) This section does not affect the sale,
supply, or distribution of any new or used motor vehicles and/or mobile
equipment or their component parts in or outside of California, regardless of
the coatings that have been applied.
(b) Exemptions
(1) This section shall not apply to any motor
vehicle and/or mobile equipment coatings manufactured in California for
shipment and use outside of California.
(2) This section shall not apply to a
manufacturer or distributor who sells, supplies, or offers for sale in
California a motor vehicle and/or mobile equipment coating that does not comply
with the standards specified in subdivision (d), as long as the manufacturer or
distributor can demonstrate both that the motor vehicle and/or mobile equipment
coating is for shipment and use outside of California, and that the
manufacturer or distributor has taken adequate precautions to assure that the
motor vehicle and/or mobile equipment coating is not distributed to California.
This subsection (2) does not apply to motor vehicle and/or mobile equipment
coatings that are sold, supplied, or offered for sale by any person to retail
outlets in California.
(c) Definitions. For the purposes of this
section, the following definitions apply:
(1)
"Air Pollution Control Officer" means the Air Pollution Control Officer, or his
or her delegate.
(2) "ASTM" means
the American Society for Testing and Materials.
(3) "Cadmium" (Cd) means elemental cadmium
and any compounds that contain cadmium.
(4) "Coating" means a material which is
applied to a surface and which forms a film in order to beautify, preserve,
repair, or protect such a surface.
(5) "Consumer" means any person who seeks,
purchases, or acquires any motor vehicle and mobile equipment coating for use
in motor vehicle and mobile equipment maintenance and repair activities.
Persons acquiring a motor vehicle and mobile equipment coating for resale are
not "consumers" of that coating.
(6) "Distributor" means any person to whom a
motor vehicle and mobile equipment coating is sold or supplied for the purposes
of resale or distribution in commerce, except that manufacturers, retailers,
and consumers are not distributors.
(7) "Hexavalent Chromium"
(Cr+6) means elemental chromium in the +6 oxidation
state and any compounds which contain chromium in the +6 oxidation
state.
(8) "Highway" has the same
meaning as defined in section
360 of the
Vehicle Code.
(9) "Manufacturer"
means any person who imports, manufactures, assembles, produces, packages,
repackages, or relabels a motor vehicle or mobile equipment coating.
(10) "Mobile Equipment" means any equipment
that is designed to be physically capable of being driven or drawn upon rails
or a roadway, except for motor vehicles, and components for and from such
equipment. Examples of Mobile Equipment include mobile cranes; bulldozers;
concrete mixers; tractors; plows; pesticide sprayers; street cleaners; golf
carts; hauling equipment used inside and around an airport, dock, depot, and
industrial and commercial plants; trains; railcars; truck trailers; implements
of husbandry; aircraft ground support equipment; all terrain vehicles;
self-propelled wheelchairs, invalid tricycles, and invalid
quadricycles.
(11) "Motor Vehicle"
means passenger cars, truck cabs and chassis, vans, motorcycles, and
buses.
(12) "Motor Vehicle and/or
Mobile Equipment Coating Activity" means any manufacturing, service,
maintenance, repair, restoration, or modification involving the application of
coatings to motor vehicles and/or mobile equipment, except plating
activities.
(13) "Motor Vehicle
and/or Mobile Equipment Coating" means any coating used or advertised for use
in motor vehicle and/or mobile equipment coating activities.
(14) "Motor Vehicle and/or Mobile Equipment
Coating Facility (Facility)" means any establishment at which coatings are
applied to motor vehicles and/or mobile equipment, including, but not limited
to, OEM facilities, autobody repair/paint shops, production autobody paint
shops, new car dealer repair/paint shops, fleet operator repair/paint shops,
custom-made car fabrication facilities, truck body-builders, and
residences.
(15) "OEM" means
Original Equipment Manufacturer.
(16) "Owner or Operator" means a person who
is the owner or the operator of a motor vehicle and/or mobile equipment coating
facility.
(17) "Person" means
"person" as defined in Health and Safety Code section
39047.
(18) "Retailer" means any person who sells,
supplies, or offers for sale motor vehicle and/or mobile equipment coatings
directly to consumers.
(19) "Retail
Outlet" means any establishment at which motor vehicle and/or mobile equipment
coatings are sold, supplied, or offered for sale directly to
consumers.
(d) Standards
for Motor Vehicle and/or Mobile Equipment Coatings
(1) Except as provided in subdivision (e), no
person shall sell, supply, offer for sale, or manufacture for sale in
California any motor vehicle and/or mobile equipment coating that contains
hexavalent chromium or cadmium.
(2)
No owner or operator of a motor vehicle and/or mobile equipment coating
facility shall use or possess a motor vehicle and/or mobile equipment coating
prohibited under subdivision (d)(1) after December 31, 2003.
(3) For the purposes of subdivision (d)(1), a
coating "contains hexavalent chromium or cadmium" if hexavalent chromium or
cadmium was introduced as a pigment or as an agent that imparts any property or
characteristic to the coating during manufacturing, distribution, or use of the
applicable coating.
(e)
Sell-through of Coatings. Notwithstanding the provisions of subdivisions (d)(1)
and (d)(2), a motor vehicle and/or mobile equipment coating manufactured prior
to January 1, 2003, may be sold, supplied, or offered for sale through June 30,
2003. This subdivision does not apply to any motor vehicle and/or mobile
equipment coating which does not display on the coating container or package
the date on which the coating was manufactured, or a code indicating such
date.
(f) Administrative
Requirements -- Code-Dating
(1) Each
manufacturer of a motor vehicle and/or mobile equipment coating subject to
section 93112 shall clearly display on
each coating container or package, the day, month, and year on which the
coating was manufactured, or a code indicating such date. No person shall
erase, alter, deface or otherwise remove or make illegible any date or
code-date from any regulated coating container or package without the express
authorization of the manufacturer.
(g) Test Methods. The following test methods
are incorporated by reference herein, and shall be used to test coatings
subject to the provisions of this rule.
(1)
American Society for Testing and Materials (ASTM) Method D3335-85a (1999),
Standard Test Method for Low Concentrations of Lead, Cadmium, and Cobalt in
paint by Atomic Absorption Spectroscopy.
(2) United States Environmental Protection
Agency test method 7196A (July 1992), Chromium, Hexavalent (Calorimetric) and
Test Method 3060A (December 1996), Alkaline Digestion for Hexavalent
Chromium.
(3) Alternative methods
which are shown to accurately determine the concentration of hexavalent
chromium or cadmium compounds in a subject coating or its emissions may be used
upon written approval of the Air Pollution Control Officer.
Notes
Note: Authority cited: Sections 39600, 39601, 39656, 39658, 39659 and 39666, Health and Safety Code. Reference: Sections 39002, 39600, 39650, 39655, 39656, 39658, 39659, 39665 and 39666, Health and Safety Code.
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