[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) Upon the written request of the director,
any manufacturer of a chemically formulated consumer product subject to the
requirements of this rule shall test any of its products that are sold, offered
for sale, held for sale, distributed, supplied, or manufactured for sale in the
state of Ohio to determine the VOC content of the product (or in the case of
charcoal lighter material, its emissions per start).
Such testing shall be performed utilizing the test methods specified
in paragraphs (B) to (G) of this rule, as applicable.
(B) Testing to determine compliance with the
VOC content limitations specified in the table of rule
3745-112-03 of the
Administrative Code, shall be performed using
either of
the following:
(1) CARB method
310
; or
.
(2) An
alternative method which is shown to accurately determine the concentration of
VOCs in a product. Such methods must first be approved in writing by the
director.
(C) Compliance
with the VOC content limitations specified in the table of rule
3745-112-03 of the
Administrative Code, may also be demonstrated through calculation of the VOC
content of a consumer product from records of the amounts of constituents used
to make the product (excluding packaging), pursuant to the following criteria:
(1) Compliance determinations based on these
records may not be used unless the manufacturer of a chemically formulated
consumer product keeps, for each day of production, accurate records of the
amount and chemical composition of the individual product constituents. These
records must be kept for at least five years
;
.
(2) For the purposes of this section, the VOC
content of a product shall be calculated according to the following equation:
VOC content = (B - C)/A x 100
where;
:
A = Total net weight of a unit of product (excluding any
packaging);
.
B = Total weight of all VOCs in the constituents used to make
the product, per unit;
.
C = Total weight of VOCs exempted under rule
3745-112-04 of the
Administrative Code, per unit; and
.
(3) If the calculations for VOC content based
on product records appear to demonstrate compliance with the VOC limits, but
these calculations are contradicted by the results of product testing performed
using CARB method 310, the results of CARB method 310 shall take precedence
over the calculations based on product records and may be used to establish a
violation of the requirements of the VOC content limits set forth in this
rule.
(D) Testing to
determine whether a product is a liquid or a solid shall be performed using
ASTM D4359-90(2000)e1
ASTM D4359.
(E) Testing to determine distillation points
of petroleum distillate-based charcoal lighter materials shall be performed
using
ASTM D86-05
ASTM D86.
(F) Testing to determine whether a material
is a plasticizer may be determined using
ASTM
E260-96(2006)
ASTM E260.
(G) The director may require any manufacturer
that is required to perform testing pursuant to paragraph (A) of this rule to
provide to the director product samples that are duplicates of the samples
tested.
Notes
Ohio Admin. Code 3745-112-08
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, 06/14/2018
