Cal. Code Regs. Tit. 17, § 94513 - Reporting Requirements

(a) Upon 90 days written notice, the Executive Officer may require any responsible party to report information for any consumer product or products the Executive Officer may specify including, but not limited to, all or part of the following information specified in the following subsections (a)(1) through (a)(12). If the responsible party does not have or does not provide the information requested by the Executive Officer, the Executive Officer may require the reporting of this information by the person that has the information, including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

(1) the company name, address, telephone number, and designated contact person;

(2) any claim of confidentiality made pursuant to Title 17, California Code of Regulations, Section 91011;

(3) the product brand name for each consumer product and the product label;

(4) the product category to which the consumer product belongs;

(5) the applicable product form(s) listed separately;

(6) an identification of each product brand name and form as a "Household Product," "I&I Product," or both;

(7) separate California sales in pounds per year, to the nearest pound, and the method used to calculate California sales for each product form;

(8) for information submitted by multiple companies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party. All information from all companies shall be submitted by the date specified in Section 94513(a);

(9) for each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to the nearest one-tenth of a percent (0.1%):

(A) Total Table B Compounds

(B) Total LVP-VOCs that are not fragrances

(C) Total All Other Carbon-Containing Compounds that are not fragrances

(D) Total All Non-Carbon-Containing Compounds

(E) Total Fragrance

(F) For products containing greater than two percent by weight fragrance, but excluding "personal fragrance products":

(i) the percent of fragrance that are LVP-VOCs, and

(ii) the percent of fragrance that are all other carbon-containing compounds

(G) For "personal fragrance products," the density of the fragrance

(H) Total Para-dichlorobenzene

(10) for each product brand name and form, the identity, including the specific chemical name and associated CAS number, of the following:

(A) Each Table B Compound

(B) Each LVP-VOC that is not a fragrance

(11) if applicable, the weight percent comprised of propellent for each product;

(12) if applicable, an identification of the type of propellent (Type A, Type B, Type C, or a blend of the different types);

(b) In addition to the requirements of section 94513(a)(10), the responsible party shall report or shall arrange to have reported to the Executive Officer the net percent by weight of each ozone-depleting compound which is (1) listed in section 94509(e) and (2) contained in a product subject to reporting under section 94513(a) in any amount greater than 0.1 percent by weight.

(c) All information submitted by any person pursuant to section 94513 shall:

(1) Be accompanied by a signed statement declaring under penalty of perjury that the information submitted is accurate, true, and complete; and

(2) Be handled in accordance with the procedures specified in Title 17, California Code of Regulations, sections 91000-91022.

(d) Special Reporting Requirements for Aerosol Adhesives On or before March 31, 2004, all responsible parties for aerosol adhesives shall report to the Executive Officer the following information for products sold or offered for sale in California:

(1) data regarding product sales and composition for the year 2003, including the information listed in Section 94513(a), and any other information that the Executive Officer may specify; and

(2) a written update of the research and development efforts undertaken to achieve VOC limits lower than the limits specified in section 94509(a). The written update must include detailed information about the raw materials (solvents, propellants, resins, and polymers) and hardware (valves, actuators, cans) used in product reformulation, the testing protocols used, the results of the testing, and the cost of reformulation efforts.

(3) On or before December 31, 2003, the Executive Officer shall notify responsible parties in writing that they are to submit aerosol adhesive product and research data by March 31, 2004.

(e) Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride:

(1) The requirements of this subsection shall apply to all responsible parties for:

(A) consumer products that are subject to section 94509(a) and contain perchloroethylene or methylene chloride, and

(B) Energized Electrical Cleaners as defined in section 94508(a), that contain perchloroethylene or methylene chloride. For the purposes of this subsection, a product "contains perchloroethylene or methylene chloride" if the product contains 1.0 percent or more by weight (exclusive of the container or packaging) of either perchloroethylene or methylene chloride.

(2) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in California during each calendar year, beginning with the year 2000, and ending with the year 2010:

(A) the product brand name and a copy of the product label with legible usage instructions;

(B) the product category to which the consumer product belongs;

(C) the applicable product form(s) (listed separately);

(D) for each product form listed in (C), the total sales in California during the calendar year to the nearest pound (exclusive of the container or packaging), and the method used for calculating the California sales;

(E) the weight percent, to the nearest 0.10 percent, of perchloroethylene and methylene chloride in the consumer product.

(3) The information specified in subsection 94513(e)(2) shall be reported for each calendar year by March 1 of the following year. The first report shall be due on March 1, 2001, for calendar year 2000. A new report is due on March 1 of each year thereafter, until March 1, 2011, when the last report is due.

(4) Upon request, the Executive Officer shall make the perchloroethylene information submitted pursuant to this subsection available to publicly owned treatment works in California, in accordance with the procedures for handling of confidential information specified in Title 17, California Code of Regulations, sections 91000-91022.

(A) On or before July 1, 2002, the Executive Officer shall evaluate the information, along with data on influent and effluent levels of perchloroethylene as reported by publicly-owned treatment works personnel and any other relevant information, to determine if it is likely that publicly-owned treatment works are experiencing increased levels of perchloroethylene, relative to 1996 levels, that can be attributed to consumer products which contain perchloroethylene.

(B) If the Executive Officer determines that it is likely that increased perchloroethylene levels at the publicly-owned treatment works are caused by increased levels of perchloroethylene in consumer products subject to this regulation, then the Executive Officer shall, in conjunction with the publicly-owned treatment works and other appropriate parties, implement measures which are feasible, appropriate, and necessary for reducing perchloroethylene levels at the publicly-owned treatment works.

(f) Special Reporting Requirements for Multi-purpose Lubricant and Penetrant products.

(1) On or before March 31, 2012, all responsible parties for Multi-purpose Lubricant and Penetrant products shall report to the Executive Officer the following information for products sold or offered for sale in California:

(A) data regarding product sales and composition for the year 2011, including the information listed in section 94513(a), the entire product label; and

(B) a written update of the research and development efforts undertaken to achieve the 25 percent VOC limits specified in section 94509(a). The written update must include detailed information about the raw materials evaluated for use, maximum incremental reactivity (MIR) values for any VOC or LVP-VOC used or evaluated, the function of the raw material evaluated, hardware used in product reformulation, the testing protocols used, the results of the testing, and the cost of reformulation efforts.

(2) On or before March 31, 2017, all responsible parties for Multi-purpose Lubricant products shall report to the Executive Officer the following information for products sold or offered for sale in California:

(A) data regarding product sales and composition for the year 2016, including the information listed in section 94513(a), the entire product label; and

(B) a written update of the research and development efforts undertaken to achieve the 10 percent VOC limit specified in section 94509(a). The written update must include detailed information about the raw materials evaluated for use, MIR values for any VOC or LVP-VOC used or evaluated, the function of the raw material evaluated, hardware used in product reformulation, the testing protocols used, the results of the testing, and the cost of reformulation efforts.

(g) Special Reporting Requirements for Multi-purpose Solvent and Paint Thinner products

(1) On or before June 30, 2012, all responsible parties for Multi-purpose Solvent and Paint Thinner products shall report to the Executive Officer the following information for products sold or offered for sale in California:

(A) data regarding product sales and composition for the year 2011, including the information listed in section 94513(a), and the entire product label; and

(B) a written update of the research and development efforts undertaken to achieve the 3 percent VOC limits specified in section 94509(a). The written update must include detailed information about the raw materials evaluated for use; maximum incremental reactivity (MIR) values for any VOC or LVP-VOC used or evaluated; the function of the raw material evaluated; the testing protocols used; the results of the testing; and the cost of reformulation efforts.

(h) Special reporting requirements for "Multi-purpose Lubricant" products using the alternate compliance option specified in subsection 94509(r).

(1) The Responsible Party must report annual sales to the Executive Officer no later than March 31. The annual reporting requirement shall sunset on April 1, 2023.

(2) Product formulation must be reported upon initial qualification to comply using 94509(r). Product formulation shall be reported in accordance with subsections 94513(h)(2)(A) through (2)(G).

(A) Any ingredient listed in section 94700 must be reported if it is present in an amount greater than or equal to 0.1 percent by weight of the final "Multi-purpose Lubricant" product formulation.

(B) Any hydrocarbon solvent listed in section 94701 shall 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 "Multi-purpose Lubricant" product formulation. The hydrocarbon solvent bin number, manufacturer name, and trade name must be specified.

(C) Any ingredient assigned an MIR value in section 94509(r)(5) shall be reported if it is present in an amount greater than or equal to 0.1 percent by weight of the final "Multi-purpose Lubricant" product formulation.

(D) For chemical mixtures not listed in sections 94700, 94701, or 94509(r)(5) each chemical compound in the mixture must be reported separately.

(E) Propellant mixtures must be reported as separate chemical compounds.

(F) If an MIR value other than terpinolene is used for fragrance, the Responsible Party must provide the fragrance ingredients.

(G) For the purpose of this subsection, a safety data sheet (SDS) does not constitute a product's formulation.

(3) The Responsible Party will retain a minimum of three years of production records, as specified in subsection 94509(r)(1)(G), and provide them to the Executive Officer upon request.

(4) The Responsible Party shall provide any other information necessary to determine the PWMIR of the "Multi-purpose Lubricant" product to be tested including the MIR value for each ingredient used to calculate the PWMIR.

(5) Upon written notification from the Executive Officer, the Responsible Party will have 25 working days from the date of mailing to provide to the Executive Officer production records to determine compliance for products complying using the alternate compliance option in subsection 94509(r).

(6) Treatment of Confidential Information.

Information submitted by the Responsible Party pursuant to subsection 94513(h) will be handled in accordance with the procedures specified in Title 17, California Code of Regulations, sections 91000-91022.

(i) Special Reporting requirements for Personal Fragrance Product with less than or equal to ten percent by weight of combined fragrance ingredients:

(1) On or before March 31, 2026, each responsible party for Personal Fragrance Products shall report to the Executive Officer the following information:

(A) data regarding product sales and composition for the year 2025, including the information listed in subsections 94513(a) and (c), the VOC content of the fragrance ingredients, if requested by the Executive Officer, and the entire product label for the responsible party's products sold or offered for sale in California; and

(B) a written update on the responsible party's research and development efforts undertaken to date to achieve the 50 percent by weight VOC standard specified in section 94509(a). The report shall include the cost of reformulation efforts, and discussion of the past, planned, and ongoing research to meet the 50 percent by weight VOC standard specified in section 94509(a). The report shall provide a detailed description of the steps taken to achieve compliance, and the dates the steps were taken, including, but not limited to, the following:

(i) types of formulations to be tested;

(ii) formulation data;

(iii) prototype testing;

(iv) toxicity testing and research;

(v) stability testing;

(vi) expert olfactory odor testing; and

(vii) consumer acceptance research.

Notes

Cal. Code Regs. Tit. 17, § 94513

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment of subsections (a)-(a)(6), new subsections (a)(7)-(12), repealer and new subsection (b) and relettering, and amendment of subsection (c) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment of section heading and section filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
4. New subsections (f)-(f)(3) filed 12-23-97; operative 12-23-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 52).
5. Editorial correction of subsection (e)(5)(B) (Register 98, No. 29).
6. Amendment of subsections (e) and (e)(1) and new subsections (g)-(g)(3)(D) filed 7-17-98; operative 8-16-98 (Register 98, No. 29).
7. Amendment implementing Mid-Term Measures II filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42).
8. Amendment of subsections (d)-(d)(2) and new subsection (d)(3) filed 4-18-2001; operative 5-18-2001 (Register 2001, No. 16).
9. Amendment filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
10. Amendment of subsections (e), (e)(2)(D) and (e)(4) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45).
11. Amendment of subsection (e)(1)(B) and new subsections (f)-(f)(2)(B) filed 6-18-2009; operative 7-18-2009 (Register 2009, No. 25).
12. Amendment of subsections (a), (f)(1)(A) and (f)(2)(A) and new subsections (g)-(g)(1)(B) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
13. Amendment of subsections (f)(2)-(f)(2)(A) filed 9-17-2014; operative 1-1-2015 (Register 2014, No. 38).
14. Amendment of subsection (c) and new subsections (c)(1)-(2) and (h)-(h)(6) filed 12-31-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
15. Amendment of subsection (a)(10), new subsections (i)-(i)(1)(B)(vii) 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 39003, 39600, 39601, 39515, 39516, 39701, 41503.5, 41511, 41700 and 41712, Health and Safety Code. Reference: Sections 39000, 39002, 39003, 39600, 39602, 39607, 40000, 41503.5, 41511, 41700 and 41712, Health and Safety Code.

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment of subsections (a)-(a)(6), new subsections (a)(7)-(12), repealer and new subsection (b) and relettering, and amendment of subsection (c) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment of section heading and section filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
4. New subsections (f)-(f)(3) filed 12-23-97; operative 12-23-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 52).
5. Editorial correction of subsection (e)(5)(B) (Register 98, No. 29).
6. Amendment of subsections (e) and (e)(1) and new subsections (g)-(g)(3)(D) filed 7-17-98; operative 8-16-98 (Register 98, No. 29).
7. Amendment implementing Mid-Term Measures II filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42).
8. Amendment of subsections (d)-(d)(2) and new subsection (d)(3) filed 4-18-2001; operative 5-18-2001 (Register 2001, No. 16).
9. Amendment filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
10. Amendment of subsections (e), (e)(2)(D) and (e)(4) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45).
11. Amendment of subsection (e)(1)(B) and new subsections (f)-(f)(2)(B) filed 6-18-2009; operative 7-18-2009 (Register 2009, No. 25).
12. Amendment of subsections (a), (f)(1)(A) and (f)(2)(A) and new subsections (g)-(g)(1)(B) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
13. Amendment of subsections (f)(2)-(f)(2)(A) filed 9-17-2014; operative 1/1/2015 (Register 2014, No. 38).
14. Amendment of subsection (c) and new subsections (c)(1)-(2) and (h)-(h)(6) filed 12-31-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
15. Amendment of subsection (a)(10), new subsections (i)-(i)(1)(B)(vii) 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.