Section 94511 - Innovative Products(a) The Executive Officer shall exempt a consumer product from the VOC limits specified in Section 94509(a) if a manufacturer demonstrates by clear and convincing evidence that, due to some characteristic of the product formulation, design, delivery systems or other factors, the use of the product will result in less VOC emissions as compared to:(1) the VOC emissions from a representative consumer product which complies with the VOC limits specified in Section 94509(a), or(2) the calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC limits specified in section 94509(a). VOC emissions shall be calculated using the following equation: where:
ER = The VOC emissions from the noncomplying representative product, had it been reformulated.
ENC = The VOC emissions from the noncomplying representative product in its current formulation.
VOCSTD = the VOC limit specified in 94509(a).
VOCNC = the VOC content of the noncomplying product in its current formulation.
If a manufacturer demonstrates that this equation yields inaccurate results due to some characteristic of the product formulation or other factors, an alternative method which accurately calculates emissions may be used upon approval of the Executive Officer.
(b) For the purposes of this section, "representative consumer product" means a consumer product which meets all of the following criteria:(1) the representative product shall be subject to the same VOC limit in Section 94509(a) as the innovative product.(2) the representative product shall be of the same product form as the innovative product, unless the innovative product uses a new form which does not exist in the product category at the time the application is made.(3) the representative product shall have at least similar efficacy as other consumer products in the same product category based on tests generally accepted for that product category by the consumer products industry.(c) The Executive Officer shall exempt an "Innovative Compressed Gas Propellant Product" or "Innovative Liquefied Propellant Product" in the aerosol "Hair Finishing Spray," "Dry Shampoo," or "Personal Fragrance Product" categories from the VOC standards adopted on August 1, 2022 and specified in section 94509(a) if the product manufacturer demonstrates by clear and convincing evidence at the time of the IPE application that an "Innovative Compressed Gas Propellant Product" meets the criteria in sections (c)(1) and (c)(3) through (c)(6) and an "Innovative Liquefied Propellant Product" meets the criteria in sections (c)(2) through (c)(6).(1) "Innovative Compressed Gas Propellant Product" means a product which meets all of the following criteria: (A) For a product manufactured before January 1, 2029, the HFC-152a propellant is replaced with a propellant comprised of compressed air, compressed nitrogen, and/or compressed carbon dioxide, and use of the replacement propellant will result in the Innovative Compressed Gas Propellant Product achieving a 50 percent or greater reduction in greenhouse gas (GHG) emissions compared to the Representative HFC-152a Product;(B) For a product manufactured on or after January 1, 2029, the Innovative Compressed Gas Propellant Product includes only ingredients with a GWP less than 10, or achieves a 90 percent or greater reduction in GHG emissions compared to the Representative HFC-152a Product;(C) The weight of the Innovative Compressed Gas Propellant Product propellant or propellants does not exceed 50 percent of the weight of the Representative HFC-152a Product propellant or propellants; and(D) The ozone-forming potential of the Innovative Compressed Gas Propellant Product does not exceed that of the Representative HFC-152a Product.(2) "Innovative Liquefied Propellant Product" means a product which meets all of the following criteria: (A) For a product manufactured before January 1, 2029, the Innovative Liquefied Propellant Product achieves a 50 percent or greater reduction in GHG emissions compared to the Representative HFC-152a Product;(B) For a product manufactured on or after January 1, 2029, the Innovative Liquefied Propellant Product includes only ingredients with a GWP less than 10, or achieves a 90 percent or greater reduction in GHG emissions compared to the Representative HFC-152a Product; and(C) The ozone-forming potential of the Innovative Liquefied Propellant Product does not exceed that of the Representative HFC-152a Product.(3) "Representative HFC-152a Product" means a product that meets either (A) or (B) below: (A) A consumer product that has the product formulation identified in Table 94511(c)(3) for the applicable product category; or(B) A compliant consumer product that meets (i) through (v) below: (i) is in the same product category as the innovative product,(ii) is available for purchase in California at the time of the IPE application,(iii) has a PWMIR no greater than (5.0) percent above the applicable product formulation in Table 94511(c)(3),(iv) has a GHG composition that is no lower than five (5.0) ingredient weight percent below the applicable product formulation in Table 94511(c)(3), and(v) has a fragrance content that is representative of products on the California market in the applicable category at the time of the IPE application. Table 94511(c)(3): Representative HFC-152a Product Formulations
| Ingredient Weight Percent |
| Product Category and Applicable VOC Standard | Ethanol | HFC-152a | Fragrance | Other VOC or LVP-VOC * | Non-Volatiles and Exempt VOCs ** |
| | | | | |
| Hair Finishing Spray: 50% VOC | 45 | 45 | 0.1 | 3.9 | 6 |
| Dry Shampoo: 55% VOC | 30 | 29 | 0.2 | 30.8 | 10 |
| Dry Shampoo: 50% VOC | 30 | 33 | 0.2 | 26.8 | 10 |
| Personal Fragrance Product: 70% VOC | 40 | 15 | 2 | 30 | 13 |
| Personal Fragrance Product: 50% VOC | 30 | 30 | 2 | 22 | 16 |
* Ingredients in this column are assumed to have an average MIR of 0.9. The Executive Officer may approve an alternate average MIR for "Other VOC or LVP-VOC" ingredients in the "Personal Fragrance Product: 70% VOC" category based upon product category sales and ingredient information submitted by the applicant.
** Ingredients in this column are assumed to have an average MIR of 0.0.
(4) An "Innovative Compressed Gas Propellant Product" or an "Innovative Liquefied Propellant Product" shall have at least similar efficacy as other consumer products in the same category, based upon consumer or scientific testing generally accepted for that product category by the consumer products industry, demonstrated product spray rate, percent or efficacy of active ingredients, or information that the applicant may provide or that CARB may request. Application of a greater quantity of innovative product shall not be needed to achieve the same efficacy as the representative product.(5) GHG emissions shall be calculated as follows:(A) The GHG emissions for an "Innovative Compressed Gas Propellant Product," "Innovative Liquefied Propellant Product," or Representative HFC-152a Product shall be calculated using the following equation for the purposes of determining compliance with section 94511(c): GHGPRODUCT = (GWPINGREDIENT x Wt)1 + (GWPINGREDIENT x Wt)2 + ... + (GWPINGREDIENT x Wt)n
where:
GHGPRODUCT = the GHG emissions from the Innovative Compressed Gas Propellant Product, Innovative Liquefied Propellant Product, or Representative HFC-152a Product;
GWPINGREDIENT = ingredient GWP, as specified in 94511(c)(5)(B-D);
Wt = ingredient weight;
1,2,3, ..., n = each ingredient in the Innovative Compressed Gas Propellant Product, Innovative Liquefied Propellant Product, or Representative HFC-152a Product, up to the total n ingredients in the Innovative Compressed Gas Propellant Product, Innovative Liquefied Propellant Product, or Representative HFC-152a Product.
(B) The global warming potential of the proposed Innovative Compressed Gas Propellant Product, Innovative Liquefied Propellant Product, or Representative HFC-152a Product shall be determined by using the 100-Year GWP values from the Intergovernmental Panel on Climate Change's (IPCC) Fourth Assessment Report (Forster, P., V. Ramaswamy, P. Artaxo, T. Berntsen, R. Betts, D.W. Fahey, J. Haywood, J. Lean, D.C. Lowe, G. Myhre, J. Nganga, R. Prinn, G. Raga, M. Schulz and R. Van Dorland, 2007: Changes in Atmospheric Constituents and in Radiative Forcing. In: Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.), incorporated by reference herein.(C) For an ingredient for which no GWP value exists in the IPCC's Fourth Assessment Report, but for which a GWP value does exist in the IPCC's Fifth Assessment Report (Myhre, G., D. Shindell, F.-M. Bréon, W. Collins, J. Fuglestvedt, J. Huang, D. Koch, J.-F. Lamarque, D. Lee, B. Mendoza, T. Nakajima, A. Robock, G. Stephens, T. Takemura and H. Zhang, 2013: Anthropogenic and Natural Radiative Forcing. In: Climate Change 2013: The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Stocker, T.F., D. Qin, G.-K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.) incorporated by reference herein, the GWP of the ingredient shall be determined by using the 100-Year Global Warming Potential value from the IPCC's Fifth Assessment Report.(D) For an ingredient for which no GWP value exists in the IPCC's Fourth Assessment Report or the IPCC's Fifth Assessment Report, the GWP value of the ingredient shall be zero.(6) Ozone-forming potential shall be calculated as follows:(A) Assignment of an ROC's Maximum Incremental Reactivity (MIR) value for the purpose of determining an Innovative Compressed Gas Propellant Product, Innovative Liquefied Propellant Product, or Representative HFC-152a Product ozone-forming potential shall be conducted pursuant to subsections 94509(r)(5)(A)-(D) and (F)-(I).(B) For fragrance, the MIR value for terpinolene listed in section 94700 shall be used to calculate the Innovative Compressed Gas Propellant Product, Innovative Liquefied Propellant Product, or Representative HFC-152a Product ozone-forming potential.(d) A manufacturer shall apply in writing to the Executive Officer for any exemption claimed under this section. All information submitted by a manufacturer pursuant to this section shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. (1) For products that meet the criteria identified in subsections 94511(a) and (b), the application shall include the supporting documentation that demonstrates the reduction of emissions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage. In addition, the applicant must provide any information necessary to enable the Executive Officer to establish enforceable conditions for granting the exemption, including the VOC content for the innovative product and test methods for determining the VOC content.(2) For products that meet the criteria identified in subsection 94511(c), the application shall include the supporting documentation that demonstrates the criteria identified in subsection (c) are met, including the name, weight percent, density, MIR, and GWP for all ingredients present in an amount greater than or equal to 0.1 percent by weight of the product formulation, and all supporting calculations or analytical measurements. In addition, the applicant must provide any information necessary, upon request of the Executive Officer, to enable the Executive Officer to establish enforceable conditions for granting the exemption, including the VOC content and ozone forming potential of the innovative product.(e) A consumer product which reduces VOC emissions relative to the representative consumer product due to VOC combustion (including, but not limited to, catalytic combustion) shall be ineligible for any exemption provided in this section.(f) Within 30 days of receipt of the exemption application the Executive Officer shall determine whether an application is complete as provided in section 60030(a), Title 17, California Code of Regulations.(g) Within 90 days after an application has been deemed complete, the Executive Officer shall determine whether, under what conditions, and to what extent, an exemption from the requirements of Section 94509(a) will be permitted. The applicant and the Executive Officer may mutually agree to a longer time period for reaching a decision, and additional supporting documentation may be submitted by the applicant before a decision has been reached. The Executive Officer shall notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from the product will meet the emissions reductions specified in subsection (a), and that such emissions reductions can be enforced.(h) In granting an exemption for a product the Executive Officer shall establish conditions that are enforceable. These conditions shall include the VOC content of the innovative product, dispensing rates, application rates, and any other parameters determined by the Executive Officer to be necessary. The Executive Officer shall also specify the test methods for determining conformance to the conditions established. The test methods shall include criteria for reproducibility, accuracy, and sampling and laboratory procedures.(i) For any product for which an exemption has been granted pursuant to this section, the manufacturer shall notify the Executive Officer in writing within 30 days of any change in the product formulation or recommended product usage directions, and shall also notify the Executive Officer within 30 days if the manufacturer learns of any information which would alter the emissions estimates submitted to the Executive Officer in support of the exemption application.(j)Modification of Product Ingredients for an Existing Exemption: Where one or more ingredients in a product for which an exemption has been granted based upon the eligibility criteria in subsection (c) has been modified after the exemption has been granted, the product shall be considered a modified product and: (1) the manufacturer must notify the Executive Officer of an ingredient modification within 30 days, but need not apply for a new exemption for the modified product if all of the following three conditions are met:(A) The modified ingredient or ingredients meet the definition of fragrance as specified in section 94508(a)(55) and/or do not meet the definition of "Reactive Organic Compound" as specified in section 94509(r)(1)(I);(B) The total weight of the modified ingredient or ingredients that meet the criteria in subsection (A) represent no more than 0.5 percent of the total product weight for "Hair Finishing Spray" and "Dry Shampoo," or represent no more than 2.5 percent of the total product weight for "Personal Fragrance Product"; and(C) the modification does not increase the product's ozone forming potential or GWP.(2) If the modified product does not meet all of the conditions in subsections 94511(j)(1)(A) through (C), the manufacturer must apply for a new exemption for the modified product pursuant to subsection 94511(d)(2). The modified product must still meet the requirements in subsection (c).(k) If the VOC limits specified in Section 94509(a) are lowered for a product category through any subsequent rulemaking, all innovative product exemptions granted for products in the product category, except as provided in this subsection (k), shall have no force and effect as of the effective date of the modified VOC standard. This subsection (k) shall not apply to innovative product exemptions granted to the following: (1) those innovative products which have VOC emissions less than the applicable lowered VOC limit and for which a written notification of the product's emissions status versus the lowered VOC limit has been submitted to and approved by the Executive Officer at least 60 days before the effective date of such limits; and(2) an "Automatic Aerosol Air Freshener" product subject to a 30% VOC standard pursuant to Section 94509(a).(l) If the Executive Officer believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in subsection (a), the Executive Officer may modify or revoke the exemption as necessary to assure that the product will meet these criteria. The Executive Officer shall not modify or revoke an exemption without first affording the applicant an opportunity for a public hearing held in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with Section 60040), to determine if the exemption should be modified or revoked.Cal. Code Regs. Tit. 17, § 94511
1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment of subsection (a) to create a new subsection (a)(1), new subsection (a)(2), amendment of subsection (b), new subsections (b)(1)-(3), repealer of subsection (c) and relettering, and amendment of subsections (c), (e)-(f), and (h)-(i) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
4. Amendment of subsections (e) and (f) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
5. Amendment 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 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.
1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment of subsection (a) to create a new subsection (a)(1), new subsection (a)(2), amendment of subsection (b), new subsections (b)(1)-(3), repealer of subsection (c) and relettering, and amendment of subsections (c), (e)-(f), and (h)-(i) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
4. Amendment of subsections (e) and (f) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
5. Amendment 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.