California Air Resources Board

SACRAMENTO - In its largest consumer product settlement ever, the Air Resources Board recently fined Ace Hardware $850,000 for selling windshield washer fluid in stores throughout the state that failed to meet California air emissions requirements.

ARB cited the hardware chain for selling windshield fluid throughout California that was specially formulated with higher pollutants to prevent from freezing in the state's colder, mountainous areas. From 2003 to 2007, Ace Hardware sold nearly 25,000 one-gallon containers of washer fluid with higher volatile organic compound content in areas throughout the state where it was not allowed, resulting in more than 20 tons of excess emissions.

Volatile organic compounds, or "VOCs," react with other pollutants and sunlight in the atmosphere to form ground-level ozone and particulate matter, the main ingredients in smog. Both pollutants can exacerbate asthma as well as respiratory and cardiovascular ailments.

"We will continue our aggressive consumer products program to protect Californians from harmful emissions," said ARB Chairman Mary Nichols. "By selling cold weather wiper fluid in all areas of the state, Ace Hardware needlessly sent 20 tons of smog and soot-forming emissions into our imperiled skies. This sizable settlement underscores our commitment to pursuing offenders who don't follow through and correct problems."

Ace Hardware was cited previously by ARB in 2005 for selling wiper fluid, resulting in a $40,000 settlement.

The ARB's Consumer Products Regulation specifies different VOC limits for automotive windshield wiper fluid in California, depending on the climate of the region. The limit is 35 percent VOC by weight for mountainous areas that are subject to low freezing temperatures, and one percent VOC for everywhere else in the state. The higher limit is permitted in the coldest areas of the state because more VOCs are needed to keep the fluid from freezing.

Windshield wiper fluid is the only consumer product in California that has two permissible VOC limits; all other consumer products have only one limit they must meet to be sold throughout the state.

The ARB's Consumer Products Program, which discovered the violations in November 2006, works to reduce the amount of VOCs emitted from the use of chemically formulated consumer products in homes and institutions. This vast product category includes detergents, cosmetics, disinfectants, automotive specialty items, as well as lawn and garden products.

All settlement monies are paid to the California Air Pollution Control Fund, which was established to mitigate various sources of pollution through education and the advancement and use of cleaner technology.