State of California

Summary of Board Meeting
March 27, 1997

Air Resources Board
Board Hearing Room, Lower Level
2020 "L" Street
Sacramento, California

MEMBERS PRESENT:  Hons. John D. Dunlap, III, Chairman
                                                 Lynne T. Edgerton, Esq.
                                                 William F. Friedman, M.D.
                                                 M. Patricia Hilligoss
                                                 Jack C. Parnell
                                                 Ron Roberts
                                                 James W. Silva



Public Hearing to Consider Adoption of Proposed Amendments Pertaining to Hairspray in the California Consumer Products Regulation


When the consumer products regulation was adopted, the Board recognized that the future effective standards contained in the regulation might present formulation challenges to manufacturers. The Board therefore directed staff to assess the industry's progress in meeting the standards and to periodically report back to the Board.

As one of several efforts in response to the Board directive, the staff conducted a technical assessment on the 55 percent volatile organic compound (VOC) standard for hairspray, which has a future effective date of January 1, 1998. The assessment included contacts with manufacturers, distributors, raw material suppliers, and trade associations; two public workshops; and reviews of the technical and patent literature. Staff concluded that while numerous technology advances have occurred that have furthered the understanding of low-VOC hairsprays, manufacturers need additional time to further develop and refine prototype formulas using these recent technologies.

To address the need for additional time and to ensure that compliance occurs in an expeditious manner, the staff proposed the following amendments: (1) delay the effective date of the 55 percent standard by 17 months to June 1, 1999; (2) require special reporting requirements to monitor manufacturers' progress toward compliance with the June 1, 1999 deadline; and (3) require mitigation of excess VOC emissions for variances granted after May 31, 1999. In addition to the proposed amendments, the staff proposed to develop an early reduction credit program which will be available prior to January 1, 1998 and will provide credits to manufacturers if they comply with the 55 percent standard prior to June 1, 1999.

Postponing the 55 percent standard will defer the VOC emission reductions by 17 months, which may have an adverse environmental impact. However, there are considerations that override the adverse environmental impacts. First, the postponement provides additional time for manufacturers and ensures the commercial feasibility of the standard, minimizing any adverse impacts to the marketplace. Second, it assures that the state law which requires that any standard be technologically and commercially feasible is being met.

In addition, the postponement of the 55 percent standard until June 1, 1999 will not create an emissions shortfall in the State Implementation Plan (SIP) because the emission reductions from the 55 percent standard were not relied on in the SIP until the beginning of the 1999 summer ozone season; therefore, the emission reduction benefits will be preserved.

Testimony was provided in support of the proposed amendments and the early reduction credit program by representatives from the regulated community.


Tom Donegan, Jr.                    Cosmetic, Toiletry, and Fragrance Association

Jim Bachman                           DuPont Company

George Brown                         National Aerosol Association

Michael Thompson                   Chemical Specialties Manufacturers Association,


Approved Resolution 97-14 by a unanimous vote.


STAFF REPORT:  Yes (138 pages)

97-2-2 Public Hearing to Consider an Amendment to the Limit on the Propene Content of Liquefied Petroleum Gas Intended for Use in Motor Vehicles

In September 1996, the Western Propane Gas Association petitioned to delay the five percent propene content limit requirement in the ARB specifications for LPG used in motor vehicles. The five percent standard was to take effect on January 1, 1997.

Staff recommended a delay of the five percent propene limit until January 1, 1999 to reduce the possibility of disruptions in the distribution of motor vehicle LPG. Staff also recommended to investigate the feasibility of equivalent specifications of LPG for motor vehicles to ensure that LPG used in vehicles will not cause excessive emissions, to preserve engine performance and durability, and to provide a fuel that will be commercially viable to produce and distribute. In addition, staff recommended that at the end of the two-year extension, an alternative be adopted or the HD-5 standard be allowed to go into effect. Staff also recommended to investigate the interest of air pollution control districts in extending LPG specifications from motor vehicle fuel to stationary source fuel to control the reactivity of stationary source emissions and to avoid the need for segregating a separate grade of LPG for vehicles. The delay in the five percent specification will not affect the State Implementation Plan because emissions reductions were not claimed.

Testimony from the marketers, suppliers and the American Automobile Manufacturers Association supported staff's recommendation to delay the standards. The Engine Manufacturers Association, however, opposed, in principle, a continued delay, but indicated that it is willing to work with the staff and the LPG Task Group in testing an alternative LPG specification.

The Board approved staff's recommendations, but stressed that by the end of the two-year period, the five percent propene standard or, if appropriate, an equivalent standard would be implemented.


William Platz                                      Western Propane Gas Association

Glenn Keller                                       Engine Manufacturers Association

Alex Spataru                                      The Adept Group


Approved Resolution 97-15 by a vote of 5-1.


STAFF REPORT:  Yes (67 Pages)

97-2-3 Public Hearing to Consider the Adoption of a Proposed Regulation to Establish a Statewide Portable Equipment Registration Program


The ARB staff presented a proposal to add new sections 2450 through 2463, Statewide Portable Equipment Registration Program, to Title 13 of the California Code of Regulations. Section 41752 of the Health and Safety Code required the Board to develop and implement a uniform system for statewide registration and regulation of portable equipment. Once the proposed uniform system is established, district authority to permit, assess fees, and adopt emission limits or control requirements for portable engines and equipment voluntarily registered with the State is preempted. Districts, however, are directed to enforce the requirements of the program in the same manner as a district rule or regulation.

The Board heard testimony from individuals representing affected industry, the California Air Pollution Control Officers Association, and 3 air districts. The testimony supported the staff's proposal to adopt a statewide registration program. Some representatives asked for flexibility in the way the program would be implemented. The Board agreed and asked staff to monitor the program during the first year of implementation and to make adjustments as warranted. The Board directed staff to report back, within one year of the effective date, if any significant issues arose.


Michael Lewis                            Construction Industry Air Quality Coalition

Robert Shepherd                        Power Systems Associates

Frank Caponi                             Los Angeles County Sanitation Districts

Barbara Lee                               California Air Pollution Control Officers

Jack Broadbent                          South Coast Air Quality Management District

Randal Friedman                        U.S. Navy/Department of Defense

Doug Allard                               Santa Barbara County Air Pollution Control

Dan Mullen, P.E.                        NASA Dryden Flight Research Center

Edric Guise                                 PS Enterprises

Catherine Reheis                         Western States Petroleum Association

Glenn Keller                                Engine Manufacturers Association

Terry Ellis                                    Gary Drilling Company

Ross Kauper                               Lake County Air Quality Management District

Doug Van Allen                           BJ Services

Larry Miller                                 Halliburton Energy Services


The Board approved Resolution 97-16 by a unanimous vote.


STAFF REPORT:  Yes (210 pages)