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 that contains VOCs in excess of the VOC content limits specified in the following table of standards:

Table 1: Table of standards

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

²See 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 may be sold, supplied, or offered for sale after January 1, 2009. 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.

(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 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 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 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 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 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.

Effective: 12/06/2012
R.C. 119.032 review dates: 09/20/2012 and 12/06/2017
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 9/15/07