Rule 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 the effective date in the following table that contains VOCs in excess of the VOC content limits specified in the following table:
Product Category | Product Sub-Category | Product Sub-Category 2 | Effective date: January 1, 2009 | Effective date: July 1, 2023 |
Adhesives: | ||||
Aerosol Mist Spray | 65 | |||
Aerosol Web Spray | 55 | |||
Special Purpose Spray Adhesives: | ||||
Automotive Engine Compartment | 70 | |||
Automotive Headliner | 65 | |||
Flexible Vinyl | 70 | |||
Laminate Repair/Edgebanding | 60 | |||
Mounting | 70 | |||
Polyolefin | 60 | |||
Polystyrene Foam | 65 | |||
Construction, Panel, and Floor Covering | 151 | 7 | ||
Contact | 80 | |||
Contact General Purpose | 55 | |||
Contact Special Purpose | 80 | |||
General Purpose | 10 | |||
Structural Waterproof | 15 | |||
Adhesive Removers: | ||||
Floor or Wall Covering Adhesive Remover | 5 | |||
Gasket or Thread Locking Adhesive Remover | 50 | |||
General Purpose Adhesive Remover | 20 | |||
Specialty Adhesive Remover | 70 | |||
Air Fresheners: | ||||
Single-Phase Aerosol | 30 | |||
Double-Phase Aerosol | 25 | |||
Dual Purpose Air Freshener/Disinfectant Aerosols | 60 | |||
Liquids/Pump Spray | 18 | |||
Solids/Semisolids | 3 | |||
Antiperspirants: | ||||
Aerosol | 40 HVOC 10 MVOC | |||
Non-Aerosol | 0 HVOC 0 MVOC | |||
Anti-Static Product: | ||||
Aerosol | 80 | |||
Non-Aerosol | 11 | |||
Automotive Brake Cleaners | 45 | |||
Automotive Rubbing or Polishing Compound | 17 | |||
Automotive Wax, Polish, Sealant or Glaze: | ||||
Hard Paste Waxes | 45 | |||
Instant Detailers | 3 | |||
All Other Forms | 15 | |||
Automotive Windshield Cleaner | 35 | |||
Automotive Windshield Washer Fluids | 35 | |||
Bathroom and Tile Cleaners: | ||||
Aerosol | 7 | |||
All Other Forms | 51 | N/A | ||
Non-Aerosol | 1 | |||
Brake Cleaner | 10 | |||
Bug and Tar Remover | 40 | |||
Carburetor or Fuel-Injection Air Intake Cleaners | 451 | 10 | ||
Carpet and Upholstery Cleaners: | ||||
Aerosol | 7 | |||
Non-Aerosol (Dilutables) | 0.1 | |||
Non-Aerosol (Ready-to-Use) | 3.0 | |||
Charcoal Lighter Material2 | ||||
Cooking Spray Aerosols | 18 | |||
Deodorants: | Deodorants: | |||
Aerosol | 0 HVOC 10 MVOC | |||
Non-Aerosol | 0 HVOC 0 MVOC | |||
Disinfectant: | ||||
Aerosols | 70 | |||
Non-Aerosols | 1 | |||
Dusting Aids: | ||||
Aerosol | 25 | |||
All Other Forms | 7 | |||
Electrical Cleaner | 45 | |||
Electronic Cleaner | 75 | |||
Engine Degreasers: | ||||
Aerosol | 351 | 10 | ||
Non-Aerosol | 5 | |||
Fabric Protectants | 60 | |||
Fabric Refresher: | ||||
Aerosol | 15 | |||
Non-Aerosol | 6 | |||
Floor Polishes or Waxes: | ||||
Resilient Flooring Materials | 71 | 1 | ||
Non-Resilient Flooring Materials | 101 | 1 | ||
Wood Floor Wax | 90 | |||
Floor Wax Strippers, Non-Aerosol3 | ||||
Footwear or Leather Care Products: | ||||
Aerosol | 75 | |||
Solid | 55 | |||
Other Forms | 15 | |||
Furniture Maintenance Products: | ||||
Aerosol | 17 | |||
All Other Forms (Except Solid or Paste) | 71 | N/A | ||
Non-Aerosol (Except Solid or Paste) | 3 | |||
General Purpose Cleaners: | ||||
Aerosol | 101 | 8 | ||
Non-Aerosol | 4 | |||
General Purpose Degreasers: | ||||
Aerosol | 501 | 10 | ||
Non-Aerosol | 4 | |||
Glass Cleaners: | ||||
Aerosol | 12 | |||
Non-Aerosol | 4 | |||
Graffiti Remover: | ||||
Aerosol | 50 | |||
Non-Aerosol | 30 | |||
Hair Mousses | 6 | |||
Hair Shines | 55 | |||
Hair Sprays | 55 | |||
Hair Styling Gels | 6 | |||
Hair Styling Product: | ||||
Aerosols and Pump Sprays | 6 | |||
All Other Forms | 2 | |||
Heavy-Duty Hand Cleaner or Soap | 8 | |||
Insecticides: | ||||
Crawling Bug (Aerosol) | 15 | |||
Crawling Bug (All Other Forms) | 20 | |||
Flea and Tick | 25 | |||
Flying Bug (Aerosol) | 25 | |||
Flying Bug (All Other Forms) | 35 | |||
Foggers | 45 | |||
Lawn and Garden (Non-Aerosol) | 3 | |||
Lawn and Garden (All Other Forms) | 20 | |||
Wasp and Hornet | 40 | |||
Laundry Pre-Wash: | ||||
Aerosols/Solids | 22 | |||
All Other Forms | 5 | |||
Laundry Starch/Sizing/Fabric Finish Products | 51 | 4.5 | ||
Metal Polishes/Cleaners | 30 | |||
Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products) | 50 | |||
Multi-Purpose Solvent | 3 | |||
Nail Polish Remover | 75 | 1 | ||
Non-Selective Terrestrial Herbicide, Non-Aerosol | 3 | |||
Oven or Grill Cleaners: | ||||
Aerosols/Pump Sprays | 8 | |||
Liquids | 51 | |||
Non-Aerosols | 4 | |||
Paint Remover or Strippers | 50 | |||
Paint Thinner | 3 | |||
Penetrants | 50 | |||
Rubber/Vinyl Protectants: | ||||
Non-Aerosol | 3 | |||
Aerosol | 10 | |||
Sanitizer: | ||||
Aerosol | 70 | |||
Non-Aerosol | 1 | |||
Sealants and Caulking Compounds | 4 | |||
Shaving Creams | 5 | |||
Shaving Gel | 71 | 4 | ||
Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products) | 60 | |||
Spot Removers: | ||||
Aerosol | 25 | |||
Non-Aerosol | 8 | |||
Temporary Hair Color: | ||||
Aerosol | 55 | |||
Tire Sealants and Inflators | 20 | |||
Under-coatings (Aerosols) | 40 | |||
Wood Cleaner: | ||||
Aerosol | 17 | |||
Non-Aerosol | 4 |
1 VOC standards will expire on December 31, 2022 for these categories because they will have revised VOC standards that will take effect on July 1, 2023.
2See paragraph (F) of this rule regarding charcoal lighter material standards.
3See 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 each of the effective dates specified for that product in the table of standards in this rule may be sold, supplied, or offered for sale after each of the specified effective dates. 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 one year after the effective date specified in the table of standards in this rule.
(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 shall 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 shall 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 shall 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 shall 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 shall 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.
(I) Requirements for paint thinner and multi-purpose solvents.
(1) Except as provided in this paragraph, effective July 1, 2023, no person shall sell, supply, offer for sale, or manufacture for use in Ohio any multi-purpose solvent or paint thinner that contains greater than one per cent aromatic compound content by weight.
(2) Sell-through of products. Multi-purpose solvents and paint thinners that contain greater than one per cent aromatic compound content by weight and were manufactured before July 1, 2023 may be sold, supplied, or offered for sale until January 1, 2026, so long as that product complies with the product dating requirements.
(3) Notifications for products sold during the sell-through period. Any person who sells or supplies a consumer product identified in this section shall notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2026, provided, however, this notification shall be given only if both of the following conditions are met:
(a) The product is sold or supplied to a distributor or retailer.
(b) The product is sold or supplied on or after June 30, 2025.
(4) Additional requirements for multi-purpose solvent and paint thinner.
(a) From the effective date of this rule until January 1, 2024, no person shall sell, supply, offer for sale, or manufacture for use in Ohio any flammable or extremely flammable multi-purpose solvent or paint thinner named, on the principle display panel as paint thinner, multi-purpose solvent, clean-up solvent, or paint clean-up.
(b) Paragraph (I)(4)(a) of this rule does not apply to products that meet either of the following criteria:
(i) Products which include an attached hang tag, sticker, or contrasting square or rectangular area on the principle display panel that displays, at a minimum, the following statements in a font size as large as, or larger than, the signal word (i.e., danger, warning, or caution) (not including the font size used for the company name, brand name, or logo) as specified in title 16, Code of Federal Regulations, section 1500.121: "Formulated to meet California VOC limits; see warnings on label."
(ii) Products where the principle display panel displays, in a font size as large as, or larger than, the font size of all other words on the panel (not including the font size used for the company name, brand name, or logo), the common name of the chemical compound (e.g., acetone, methyl acetate, etc.) that results in the product meeting the criteria for flammable or extremely flammable.
(c) For the purposes of this paragraph, a product is flammable or extremely flammable if it is labeled as flammable or extremely flammable on the product container, or if the product meets the criteria for these terms specified in title 16, Code of Federal Regulations, section 1500.3(c)(6).
Last updated June 21, 2022 at 8:28 AM