3745-113-05 Reporting requirements.

(A) Each manufacturer of a product subject to a VOC content limit in paragraph (A) of rule 3745-113-03 of the Administrative Code, shall keep records demonstrating compliance with the VOC content limits. Such records shall clearly list each product by name (and identifying number, if applicable) as shown on the product label and in applicable sales and technical literature, the VOC content as determined in rule 3745-113-06 of the Administrative Code, the name(s) and chemical abstract service (CAS) number of the VOC constituents in the product, the dates of the VOC content determinations, and the coating category and the applicable VOC content limit. These records shall be kept for a period not less than five years and shall be made available to the director within ninety days of request.

(B) A responsible official from each manufacturer shall upon request of the director, provide data concerning the distribution and sales of coatings subject to a VOC content limit in paragraph (A) of rule 3745-113-03 of the Administrative Code. The responsible official shall within ninety days provide information including, but not limited to:

(1) The name and mailing address of the manufacturer;

(2) The name, address and telephone number of a contact person;

(3) The name of the product as it appears on the label and the coating category in paragraph (A) of rule 3745-113-03 of the Administrative Code under which it is regulated;

(4) Whether it is marketed for interior or exterior use or both;

(5) The number of gallons sold in the state of Ohio in containers greater than one liter and less than one liter;

(6) The actual VOC content and VOC content limit in grams per liter. If thinning is recommended, list the actual VOC content and VOC content limit after recommended thinning. If containers less than one liter have a different VOC content than containers greater than one liter, list separately; and

(7) The names and CAS number of the VOC constituents in the product.

(C) Toxic exempt compounds: For each architectural coating that contains perchloroethylene or methylene chloride, the manufacturer shall, on or before April first of each calendar year beginning with the year 2009, report to the director the following information for products sold in the state during the preceding year:

(1) The product brand name and a copy of the product label with the legible usage instructions;

(2) The product category listed in the table of paragraph (A)(3) of rule 3745-113-03 of the Administrative Code to which the coating belongs;

(3) The total sales during the calendar year to the nearest gallon; and

(4) The volume percent, to the nearest 0.10 per cent, of perchloroethylene and methylene chloride in the coating.

(D) Recycled coatings: Manufacturers of recycled coatings must submit a letter to the director certifying their status as a recycled paint manufacturer. The manufacturer shall, on or before April first of each calendar year beginning with the year 2009, submit an annual report to the director. The report shall include, for all recycled coatings, the total number of gallons distributed in the state during the preceding year, and shall describe the method used by the manufacturer to calculate state distribution.

(E) Bituminous coatings: Each manufacturer of bituminous roof coatings or bituminous roof primers shall, on or before April first of each calendar year beginning with the year 2009, submit an annual report to the director. The report shall specify the number of gallons of bituminous roof coatings or bituminous roof primers sold in the state during the preceding calendar year, and shall describe the method used by the manufacturer to calculate state sales.

Effective: 09/21/2007

R.C. 119.032 review dates: 09/21/2012

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(E), 3704.03(A)