Ohio Admin. Code 3745-112-03 - Standards

[Comment: For dates on non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-112-01 of the Administrative Code titled "Referenced Materials."]

(A) Except as provided in rules 3745-112-04 and 3745-112-07 of the Administrative Code, no person shall sell, supply, offer for sale, or manufacture for sale in the state of Ohio any consumer product manufactured on or after January 1, 2009 the effective date in the following table that contains VOCs in excess of the VOC content limits specified in the following table of standards:

Table 1: Table of standards (VOC Standard, per cent VOC, by weight)

Product Category

Product Sub-Category

Product Sub-Category 2

VOC Standard (per cent VOC, by weight) Effective date: January 1, 2009

Effective date: July 1, 2023

Adhesives:

Adhesives:

Aerosol Mist Spray

65

Aerosol Web Spray

55

Special Purpose Spray Adhesives:

Mounting, Automotive Engine Compartment, and

Automotive Engine Compartment

70

Flexible Vinyl

Automotive Headliner

70 65

Polystyrene Foam and Automotive Headliner

Flexible Vinyl

65 70

Polylolefin and Laminate Repair/Edge-Banding

Laminate Repair/ Edgebanding

60

Mounting

70

Polyolefin

60

Polystyrene Foam

65

Construction, Panel, and Floor Covering

151

7

Contact

80

Contact General Purpose

Contact General Purpose

55

Contact Special Purpose

Contact Special Purpose

80

General Purpose

10

Structural

Waterproof

15

Adhesive Removers:

Adhesive Removers:

Floor or Wall Covering Adhesive Remover

5

Gasket or Thread Locking Adhesive Remover

50

General Purpose Adhesive Remover

20

Specialty Adhesive Remover

70

Air Fresheners:

Air Fresheners:

Single-Phase Aerosol

30

Double-Phase Aerosol

25

Dual Purpose Air Freshener/ Disinfectant Aerosols

60

Liquids/Pump Spray

18

Solids/Semisolids

3

Antiperspirants:

Antiperspirants:

Aerosol

40 HVOC 10 MVOC

Non-Aerosol

0 HVOC 0 MVOC

Anti-Static Product:

Anti-Static Product: Non Aerosol

11

Aerosol

80

Non-Aerosol

11

Automotive Brake Cleaners

Automotive Brake Cleaners

45

Automotive Rubbing or Polishing Compound

Automotive Rubbing or Polishing Compound

17

Automotive Wax, Polish, Sealant or Glaze:

Automotive Wax, Polish, Sealant or Glaze:

Hard Paste Waxes

45

Instant Detailers

3

All Other Forms

15

Automotive Windshield Cleaner

35

Automotive Windshield Washer Fluids

Automotive Windshield Washer Fluids

35

Bathroom and Tile Cleaners:

Bathroom and Tile Cleaners:

Aerosol

7

All Other Forms

51

N/A

Non-Aerosol

1

Brake Cleaner

10

Bug and Tar Remover

Bug and Tar Remover

40

Carburetor or Fuel-Injection Air Intake Cleaners

Carburetor or Fuel-Injection Air Intake Cleaners

45 1

10

Carpet and Upholstery Cleaners:

Carpet and Upholstery Cleaners:

Aerosol

7

Non-Aerosol (Dilutables)

0.1

Non-Aerosol (Ready-to-Use)

3.0

Charcoal Lighter Material2

Charcoal Lighter Materia11

Cooking Spray Aerosols

Cooking Spray Aerosols

18

Deodorants:

Deodorants:

Aerosol

0 HVOC 10

MVOC

Non-Aerosol

0 HVOC 0

MVOC

Disinfectant:

Aerosols

70

Non-Aerosols

1

Dusting Aids:

Dusting Aids:

Aerosol

25

All Other Forms

7

Electrical Cleaner

Electrical Cleaner

45

Electronic Cleaner

Electronic Cleaner

75

Engine Degreasers:

Engine Degreasers:

Aerosol

35 1

10

Non-Aerosol

5

Fabric Protectants

Fabric Protectants

60

Fabric Refresher:

Fabric Refresher:

Aerosol

15

Non-Aerosol

6

Floor Polishes or Waxes:

Floor Polishes/Waxes:

Products for Flexible Resilient Flooring Materials

71

1

Products for Non-Resilient Flooring Materials

101

1

Wood Floor Wax

90

Floor Wax Strippers, Non- Aerosol3

Floor Wax Strippers, Non-Aerosol2

Footwear or Leather Care Products:

Footwear or Leather Care Products:

Aerosol

75

Solid

55

Other Forms

15

Furniture Maintenance Products:

Furniture Maintenance Products:

Aerosol

17

All Other Forms (Except Solid or Paste)

71

N/A

Non-Aerosol (Except Solid or Paste)

3

General Purpose Cleaners:

General Purpose Cleaners:

Aerosol

101

8

Non-Aerosol

4

General Purpose Degreasers:

General Purpose Degreasers:

Aerosol

501

10

Non-Aerosol

4

Glass Cleaners:

Glass Cleaners:

Aerosol

12

Non-Aerosol

4

Graffiti Remover:

Graffiti Remover:

Aerosol

50

Non-Aerosol

30

Hair Mousses

Hair Mousses

6

Hair Shines

Hair Shines

55

Hair Sprays

Hair Sprays

55

Hair Styling Gels

Hair Styling Gels

6

Hair Styling Product:

Hair Styling Product:

Aerosols and Pump Sprays

6

All Other Forms

2

Heavy-Duty Hand Cleaner or Soap

Heavy-Duty Hand Cleaner Soap

8

Insecticides:

Insecticides:

Crawling Bug (Aerosol)

15

Crawling Bug (All Other Forms)

20

Flea and Tick

25

Flying Bug (Aerosol)

25

Flying Bug (All Other Forms)

35

Foggers

45

Lawn and Garden (Non-Aerosol)

3

Lawn and Garden (All Other Forms)

20

Wasp and Hornet

40

Laundry Pre-Wash:

Laundry PreWash:

Aerosols/Solids

22

All Other Forms

5

Laundry Starch/ Sizing/Fabric Finish Products

Laundry Starch Products

51

4.5

Metal Polishes/ Cleaners

Metal Polishes/ Cleaners

30

Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products)

Multi Polishes Lubricant (Excluding Solid or SemiSolid Products)

50

Multi-Purpose Solvent

3

Nail Polish Remover

Nail Polish Remover

75

1

Non-Selective Terrestrial Herbicide, Non-Aerosol

Non-Selective Terrestrial Herbicide, NonAerosol

3

Oven or Grill Cleaners:

Oven Cleaners:

Aerosols/Pump Sprays

8

Liquids

51

Non-Aerosols

4

Paint Remover or Strippers

Paint Remover or Strippers

50

Paint Thinner

3

Penetrants

Penetrants

50

Rubber/Vinyl Protectants:

Rubber and Vinyl Protectants:

Non-Aerosol

3

Aerosol

10

Sanitizer:

Aerosol

70

Non-Aerosol

1

Sealants and Caulking Compounds

Sealants and Caulking Compounds

4

Shaving Creams

Shaving Creams

5

Shaving Gel

Shaving Gel

71

4

Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products)

Silicone-Based Multi-Purpose Lubricants (Excluding Solid or SemiSolid Products)

60

Spot Removers:

Spot Removers:

Aerosol

25

Non-Aerosol

8

Temporary Hair Color:

Aerosol

55

Tire Sealants and Inflators

Tire Sealants and Inflators

20

Under-coatings (Aerosols)

Under-coatings (Aerosols)

40

Wood Cleaner:

Wood Cleaner:

Aerosol

17

Non-Aerosol

4

1 VOC standards will expire on December 31, 2022 for these categories because they will have revised VOC standards that will take effect on July 1, 2023.

1 2See paragraph (F) of this rule regarding charcoal lighter material standards.

2 3See paragraph (H) of this rule regarding floor wax strippers.

(B) No person shall sell, supply, offer for sale, or manufacture for sale in the state of Ohio any antiperspirant or deodorant which contains any compound that has been identified by the CARB in the "California Code of Regulations", Title 17,, division 3, chapter 1, subchapter 7, section 93000 as a toxic air contaminant.
(C) Products that are diluted prior to use.
(1) For consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use, the VOC content limits specified in the table of this rule shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this rule, minimum recommended dilution shall not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains.
(2) For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, the VOC content limits specified in the table of this rule shall apply to the product only after the maximum recommended dilution has taken place.
(D) Sell-through of products.

Notwithstanding the provisions of paragraph (A) of this rule, a consumer product manufactured prior to January 1, 2009 each of the effective dates specified for that product in the table of standards in this rule may be sold, supplied, or offered for sale after January 1, 2009 each of the specified effective dates. This does not apply to any consumer product that does not display on the product container or package the date on which the product was manufactured, or a code indicating such date, in accordance with paragraph (A) of rule 3745-112-05 of the Administrative Code.

(E) Products registered under the Federal Insecticide, Fungicide, and Rodenticide Act.

For those consumer products that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act, the effective date of the VOC standards specified in the table of this rule is January 1, 2010 one year after the effective date specified in the table of standards in this rule.

(F) Requirements for charcoal lighter materials.

No person shall sell, supply, or offer for sale after January 1, 2009 any charcoal lighter material product unless at the time of the transaction the manufacturer can demonstrate that the product has been issued a currently effective certification by the CARB. This certification remains in effect in the state of Ohio as long as the CARB certification remains in effect and the certification is approved by the director. Any manufacturer claiming such a certification on this basis must shall submit to the director a copy of the certification decision (i.e., the executive order), including all conditions established by CARB applicable to the certification.

(G) Requirements for aerosol adhesives.
(1) The standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in rules 3745-112-04 and 3745-112-07 of the Administrative Code, no person shall sell, supply, offer for sale, use or manufacture for sale in the state of Ohio any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the limit specified in the table of this rule.
(2) In order to qualify as a special purpose spray adhesive the product must shall meet one or more of the definitions specified in rule 3745-112-01 of the Administrative Code, but if the product label indicates that the product is suitable for use on any substrate or application not listed in this definition, then the product shall be classified as either a web spray adhesive or a mist spray adhesive. If a product meets more than one of the definitions specified in rule 3745-112-01 of the Administrative Code for a special purpose spray adhesive, and is not classified as a web spray adhesive or mist spray adhesive under this paragraph, then the VOC content limit for the product shall be the lowest applicable VOC content limit specified in the table of this rule.
(3) All aerosol adhesives must shall comply with the labeling requirements specified in rule 3745-112-05 of the Administrative Code.
(H) Requirements for floor wax strippers.

No person shall sell, supply, offer for sale, or manufacture for use in Ohio any floor wax stripper unless the following requirements are met:

(1) The label of each non-aerosol floor wax stripper must shall specify a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of three per cent, by weight, or less.
(2) If a non-aerosol floor wax stripper is also intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper must shall specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of twelve per cent, by weight, or less.
(3) The terms light build-up, medium build-up or heavy build-up are not specifically required, as long as comparable terminology is used.
(I) Requirements for paint thinner and multi-purpose solvents.
(1) Except as provided in this paragraph, effective July 1, 2023, no person shall sell, supply, offer for sale, or manufacture for use in Ohio any multi-purpose solvent or paint thinner that contains greater than one per cent aromatic compound content by weight.
(2) Sell-through of products. Multi-purpose solvents and paint thinners that contain greater than one per cent aromatic compound content by weight and were manufactured before July 1, 2023 may be sold, supplied, or offered for sale until January 1, 2026, so long as that product complies with the product dating requirements.
(3) Notifications for products sold during the sell-through period. Any person who sells or supplies a consumer product identified in this section shall notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2026, provided, however, this notification shall be given only if both of the following conditions are met:
(a) The product is sold or supplied to a distributor or retailer.
(b) The product is sold or supplied on or after June 30, 2025.
(4) Additional requirements for multi-purpose solvent and paint thinner.
(a) From the effective date of this rule until January 1, 2024, no person shall sell, supply, offer for sale, or manufacture for use in Ohio any flammable or extremely flammable multi-purpose solvent or paint thinner named, on the principle display panel as paint thinner, multi-purpose solvent, cleanup solvent, or paint clean-up.
(b) Paragraph (I)(4)(a) of this rule does not apply to products that meet either of the following criteria:
(i) Products which include an attached hang tag, sticker, or contrasting square or rectangular area on the principle display panel that displays, at a minimum, the following statements in a font size as large as, or larger than, the signal word (i.e., danger, warning, or caution) (not including the font size used for the company name, brand name, or logo) as specified in title 16, Code of Federal Regulations, section 1500.121: "Formulated to meet California VOC limits; see warnings on label."
(ii) Products where the principle display panel displays, in a font size as large as, or larger than, the font size of all other words on the panel (not including the font size used for the company name, brand name, or logo), the common name of the chemical compound (e.g., acetone, methyl acetate, etc.) that results in the product meeting the criteria for flammable or extremely flammable.
(c) For the purposes of this paragraph, a product is flammable or extremely flammable if it is labeled as flammable or extremely flammable on the product container, or if the product meets the criteria for these terms specified in title 16, Code of Federal Regulations, section 1500.3(c)(6).

Notes

Ohio Admin. Code 3745-112-03
Effective: 6/20/2022
Five Year Review (FYR) Dates: 4/5/2022 and 06/20/2027
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/15/2007, 12/06/2012

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