[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) This rule
shall
does not apply
to any consumer product manufactured in the state of Ohio solely for shipment
and use outside of the state of Ohio.
(B) The provisions of this rule
shall
do not
apply to a manufacturer or distributor who sells, supplies, or offers for sale
in the state of Ohio a consumer product that does not comply with the VOC
standards specified in paragraph (A) of rule
3745-112-03 of the
Administrative Code, as long as the manufacturer or distributor can demonstrate
both that the consumer product is intended for shipment and use outside of the
state of Ohio, and that the manufacturer or distributor has taken reasonable
prudent precautions to assure that the consumer product is not distributed or
used in the state of Ohio. The requirement of this paragraph does not apply to
consumer products that are sold, supplied, or offered for sale by any person to
retail outlets in the state of Ohio.
(C) The MVOC content standards specified in
paragraph (A) of rule
3745-112-03 of the
Administrative Code for antiperspirants or deodorants,
shall
do not
apply to ethanol.
(D) The VOC
limits specified in paragraph (A) of rule
3745-112-03 of the
Administrative Code
shall
do not apply to fragrances up to a combined level of
two per cent, by weight, contained in any consumer product and
shall
do not
apply to colorants up to a combined level of two per cent, by weight, contained
in any antiperspirant or deodorant.
(E) The VOC limits specified in paragraph (A)
of rule
3745-112-03 of the
Administrative Code
shall
do not apply to any LVP-VOC.
(F) The requirements in paragraph (A) of rule
3745-112-03 of the
Administrative Code for antiperspirants or deodorants
shall
do not
apply to those VOCs that contain more than ten carbon atoms per molecule and
for which the vapor pressure is unknown, or that have a vapor pressure of two
millimeters of mercury or less at twenty degrees Celsius.
(G) The requirements specified in paragraph
(A) of rule
3745-112-05
of the Administrative Code
shall
do not apply to consumer products registered under the
Federal Insecticide, Fungicide, and Rodenticide Act.
(H) The VOC limits specified in paragraph (A)
of rule
3745-112-03 of the
Administrative Code
shall
do not apply to air fresheners that are comprised
entirely of fragrance, less compounds not defined as VOCs in rule
3745-112-01 of the
Administrative Code or exempted pursuant to paragraph (D) of this
rule.
(I) The VOC limits specified
in paragraph (A) of rule
3745-112-03 of the
Administrative Code
shall
do not apply to insecticides containing at least
ninety-eight per cent paradichlorobenzene, by weight.
(J) The VOC limits specified in paragraph (A)
of rule
3745-112-03 of the
Administrative Code
shall
do not apply to adhesives sold in containers of one
fluid ounce or less.
(K) The VOC
limits specified in paragraph (A) of rule
3745-112-03 of the
Administrative Code
shall
do not apply to bait station insecticides. For the
purpose of this paragraph, bait station insecticides are containers enclosing
an insecticidal bait that is not more than 0.5 ounce, by weight, where the bait
is designed to be ingested by insects and is composed of solid material feeding
stimulants with less than five per cent active ingredients.
(L) A chemically formulated consumer product
is exempt from the requirements of paragraph (A) of rule
3745-112-03 of the
Administrative Code if
both of the following are
met:
(1) CARB, pursuant to
its
CARB's
consumer products regulations (including all amendments and supplements) at
Title 17, Subchapter 8.5, Article 1, Section 94503.5 or Article 2, Section
94511 of the California Code of Regulations, or the air pollution control
agency of another state that has adopted a consumer product rule based on or
substantially equivalent to the OTC "Model Rule for Consumer Products" has
granted to the product's manufacturer an innovative products exemption or ACP
for the product
; and
.
(2) The
innovative products exemption or ACP is valid for use in Ohio pursuant to
paragraph (M) of this rule.
(M) An innovative products exemption or ACP
as outlined in paragraph (L) of this rule shall not be valid for use in Ohio
unless all the following requirements are met:
(1) The director determines that the
exemption is still in effect and, after consideration of information provided
pursuant to paragraphs (M)(2) to (M)(4) of this rule, the director determines
that the exemption is acceptable.
(2) The product (including
its
the
product's form) for which the innovative products exemption or ACP is
being used to comply with paragraph (M) of this rule meets the following:
(a) The product belongs to a chemically
formulated consumer product category that is subject to a VOC content limit set
in paragraph (A) of rule
3745-112-03 of the
Administrative Code.
(b) The VOC
content limit promulgated for this product by the agency that issued the
innovative products exemption or ACP is equal to or more stringent than the
most stringent applicable VOC content limit contained in paragraph (A) of rule
3745-112-03 of the
Administrative Code.
(c) All ACP
products used for emission credits within the approved ACP agreement are
contained in paragraph (A) of rule
3745-112-03 of the
Administrative Code.
(3)
For an innovative product exemption, the manufacturer demonstrates to the
director by clear and convincing evidence that, due to some characteristic of
the product formulation, design, delivery systems, or other factor, the use of
the product will result in less VOC emissions as compared to either the VOC
emissions from a representative chemically formulated consumer product that
complies with the VOC content limits specified in paragraph (A) of rule
3745-112-03 of the Administrative Code, or as compared to the calculated VOC
emissions from a non-complying representative product, if the product had been
reformulated to comply with the VOC limits specified in paragraph (A) of rule
3745-112-03 of the
Administrative Code.
(4) Prior to
relying on an innovative products exemption or ACP for compliance, the
manufacturer has submitted to the director, in accordance with paragraph (N) of
this rule, the following:
(a) A statement
that, for a specified chemically formulated consumer product that
it manufactures
the
manufacturer produces,
it
the manufacturer intends to comply with this rule
under an innovative products exemption or ACP rather than meet the applicable
VOC content standards in paragraph (A) of rule
3745-112-03 of the
Administrative Code.
(b) The brand
name of the consumer product, and the specific chemically formulated consumer
product category in paragraph (A) of rule
3745-112-03 of the
Administrative Code to which the product belongs, including
its form(s)
the
product's form (if applicable).
(c) A copy of the
document(s)
document
setting forth the innovative products exemption or ACP; the issuing agency's
approval; the issuing agency's conditions of its approval; the demonstration of
paragraph (M)(3) of this rule if an innovative products exemption; and any
documents from the issuing agency that subsequently modify or terminate its
conditions of approval; documentation demonstrating compliance with the
innovative products exemption or ACP.
(d) A statement that the innovative products
exemption or ACP, as well as the product for which the innovative products
exemption or ACP is being used, conforms with the requirements of paragraphs
(M)(1) to (M)(3) of this rule, as applicable.
(N) Any submittal made pursuant to paragraph
(M)(4) of this rule shall be sent to the director and the
envelope or package shall be
submission labeled as follows:
(1) For an innovative products exemption,
"Attention: Consumer Product Innovative Product Exemption."
(2) For an ACP, "Attention: Consumer Product
Alternative Control Plan."
Submittals of the mentioned documents may be
performed electronically or sent to the following
address:
"State Emergency Response
Commission
Division of Air Pollution
Control c/o Ohio Environmental Protection Agency P.O. Box 1049 Columbus,
Ohio 43216-0149."
[Comment: Any packages and/or certified mail not acceptable for
post office box delivery should
may be sent to Ohio
EPA's street address "50 West Town Street, Suite 700, Columbus, Ohio
43215." Any electronic submissions may be made to
DAPCWEB@epa.ohio.gov.]