The following requirements apply to charcoal lighter
material products as defined in §
130.202 (relating to
definitions).
(1)
Regulatory
standards. A person may not sell, supply or offer for sale after
January 1, 2005, a charcoal lighter material product unless at the time of the
transaction:
(i) The manufacturer can
demonstrate that the manufacturer has been issued a currently effective
certification by the CARB under the Consumer Products provisions under
Subchapter 8.5, Article 2, Section 94509(h), of Title 17 of the CCR. This
certification remains in effect for as long as the CARB certification remains
in effect. A manufacturer claiming a certification on this basis shall submit
to the Department a copy of the certification decision (that is, the Executive
Order), including all conditions established by CARB applicable to the
certification.
(ii) The
manufacturer or distributor of the charcoal lighter material product has been
issued a currently effective certification under paragraph (2).
(iii) The charcoal lighter material product
meets the formulation criteria and other conditions specified in the applicable
ACP agreement issued under paragraph (2).
(iv) The product usage directions for the
charcoal lighter material product are the same as those provided to the
Commonwealth under paragraph (2)(iii).
(2)
Certification
requirements.
(i) A charcoal lighter
material product formulation will not be certified under this paragraph unless
the applicant for certification demonstrates to the Department's satisfaction
that the VOC emissions from the ignition of charcoal with the charcoal lighter
material product are less than or equal to 0.020 pound of VOC per start, using
the procedures specified in the South Coast Air Quality Management District
Rule 1174 Ignition Method Compliance Certification Protocol, dated February 27,
1991 (South Coast Air Quality Management District Rule 1174 Testing Protocol),
including subsequent amendments. The provisions relating to LVP-VOC in §
130.333 (relating to LVP-VOC) do
not apply to a charcoal lighter material product subject to the requirements of
this section and §
130.211 (relating to table of
standards).
(ii) The Department may
approve alternative test procedures which are shown to provide equivalent
results to those obtained using the South Coast Air Quality Management District
Rule 1174 Test Protocal.
(iii) A
manufacturer or distributor of charcoal lighter material products may apply to
the Department for certification of a charcoal lighter material product
formulation.
(3)
Notice of modifications. For a charcoal lighter material
product for which certification has been granted, the applicant for
certification shall notify the Department in writing within 30 days of:
(i) A change in the usage
directions.
(ii) A change in
product formulation, test results or other information submitted under
paragraph (2) which may result in VOC emissions greater than 0.020 pound of VOC
per start.
(4)
Revocation of certification. If the Department determines that
a certified charcoal lighter material product formulation results in VOC
emissions from the ignition of charcoal which are greater than 0.020 pound of
VOC per start, as determined by the South Coast Air Quality Management District
Rule 1174 Testing Protocol and the statistical analysis procedures contained
therein, the Department will revoke or modify the certification as is necessary
to assure that the charcoal lighter material product will result in VOC
emissions of less than or equal to 0.020 pound of VOC per
start.
