[31 Pa.B. 6163]
[Continued from previous Web Page]
EXEMPTIONS § 130.331. Products for shipment and use outside this Commonwealth.
(a) This subchapter does not apply to a consumer product manufactured in this Commonwealth for shipment and use outside of this Commonwealth.
(b) This subchapter does not apply to a manufacturer or distributor who sells, supplies or offers for sale in this Commonwealth a consumer product that does not comply with the VOC standards specified in § 130.211 (relating to table of standards), as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of this Commonwealth, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed in this Commonwealth. This subsection does not apply to consumer products that are sold, supplied or offered for sale by a person to retail outlets in this Commonwealth.
§ 130.332. Antiperspirants and deodorants.
(a) The MVOC content standards in § 130.211 (relating to table of standards) for antiperspirants and deodorants do not apply to ethanol.
(b) The VOC limits specified in § 130.211 do not apply to fragrances up to a combined level of 2% by weight contained in a consumer product and do not apply to colorants up to a combined level of 2% by weight contained in an antiperspirant or deodorant.
(c) The requirements of § 130.211 for antiperspirants and deodorants do not apply to those VOCs that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of 2 mm Hg or less at 20°C.
§ 130.333. LVP-VOC.
The VOC limits specified in § 130.211 (relating to table of standards) do not apply to an LVP-VOC.
§ 130.334. Insecticides, fungicides and rodenticides.
The requirements of § 130.371 (relating to code-dating) do not apply to consumer products registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 U.S.C.A. §§ 136--136y).
§ 130.335. Air fresheners.
(a) The VOC limits specified in § 130.211 (relating to table of standards) do not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under § 130.202 (relating to definitions) or exempted under § 130.335 (relating to air fresheners).
(b) The VOC limits specified in § 130.211 do not apply to air fresheners and insecticides containing at least 98% paradichlorobenzene.
§ 130.336. Adhesives.
The VOC limits specified in § 130.211 (relating to table of standards) do not apply to adhesives sold in containers of 1 fluid ounce or less.
§ 130.337. Bait station insecticides.
The VOC limits specified in § 130.211 (relating to table of standards) do not apply to bait station insecticides. For the purpose of this section, bait station insecticides are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5% active ingredients.
INNOVATIVE PRODUCTS § 130.351. Innovative products exemption.
A manufacturer of consumer products that has been granted an innovative products exemption by the CARB under the innovative products provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5 of Title 17 of the CCR shall be exempt from § 130.211 (relating to table of standards) for the period of time that the CARB innovative products exemption remains in effect provided that all consumer products within the CARB innovative products exemption are contained in § 130.211. A manufacturer claiming such an exemption on this basis shall submit to the Department a copy of the CARB Innovative Products exemption decision (that is, the Executive Order), including all conditions established by CARB applicable to the exemption.
§ 130.352. Request for exemption.
A manufacturer of consumer products that has been granted an innovative products exemption under the innovative products provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5 of Title 17 of the CCR based on California-specific data, or that has not been granted an exemption by CARB may seek an innovative products exemption in accordance with the following criteria:
(1) The Department may exempt a consumer product from the VOC limits specified in § 130.211 (relating to table of standards) if a manufacturer demonstrates that, due to some characteristic of the product formulation, design, delivery systems or other factors, the use of the product will result in less VOC emissions.
(2) A manufacturer shall apply in writing to the Department for an exemption claimed under § 130.331(b) (relating to products for shipment and use outside this Commonwealth). The application shall include the supporting documentation that demonstrates the emissions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage. In addition, the applicant shall provide information necessary to enable the Department to establish enforceable conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content.
(3) If the VOC limits specified in § 130.211 are lowered for a product category through a subsequent rulemaking, the innovative product exemptions granted for products in the product category, except as provided in this subsection, shall have no force and effect as of the effective date of the modified VOC standard. This paragraph does not apply to those innovative products which have VOC emissions less than the applicable lowered VOC limit and for which a written notification of the product's emissions status versus the lowered VOC limit has been submitted to and approved by the Department at least 60 days before the effective date of the limits.
(4) If the Department believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in paragraph (1), the Department may modify or revoke the exemption as necessary to assure that the product will meet these criteria.
ADMINISTRATIVE REQUIREMENTS § 130.371. Code-dating.
(a) Code-dating. Each manufacturer of a consumer product subject to §§ 130.211--130.216 (relating to standards) shall clearly display on each consumer product container or package, the day, month and year on which the product was manufactured, or a code indicating that date. The date or date-code information shall be located on the container or inside the cover/cap so that it is readily observable or obtainable (by simply removing the cap/cover) without disassembling a part of the container or packaging. This date or code shall be displayed on each consumer product container or package no later than 12 months prior to the effective date of the applicable standard specified in § 130.211 (relating to table of standards). The requirements of this provision do not apply to products containing no VOCs as defined in § 130.202 (relating to definitions), or containing VOCs at 0.10% by weight or less.
(b) If a manufacturer uses a code indicating the date of manufacture for a consumer product subject to §§ 130.211--130.216, an explanation of the code shall be filed with the Department no later than 12 months prior to the effective date of the applicable standard specified in § 130.211.
§ 130.372. Most restrictive limit.
Notwithstanding the definition of ''product category'' in § 130.202 (relating to definitions), if on the principal display panel of a consumer product, a representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in § 130.211 (relating to table of standards), the lowest VOC limit applies. This requirement does not apply to general purpose cleaners and antiperspirant/deodorant products.
§ 130.373. Additional labeling requirements for aerosol adhesives.
(a) In addition to the requirements specified in §§ 130.371 and 130.372 (relating to code-dating; and most restrictive limit) and §§ 130.391 and 130.392 (relating to reporting requirements), both the manufacturer and responsible party for each aerosol adhesive product subject to this subchapter shall ensure that all products clearly display the following information on each product container which is manufactured on or after January 1, 2005:
(1) The aerosol adhesive category as specified in § 130.211 (relating to table of standards) or an abbreviation of the category shall be displayed.
(2) The applicable VOC standard for the product that is specified in § 130.211 expressed as a percentage by weight, shall be displayed unless the product is included in an alternative control plan approved by the Department, as provided in §§ 130.451--130.464 (relating to ACP for consumer products).
(3) If the product is included in an alternative control plan approved by the Department, and the product exceeds the applicable VOC standard specified in § 130.211, the product shall be labeled with the term ''ACP'' or ''ACP product.''
(4) If the product is classified as a special purpose spray adhesive, the applicable substrate or application or an abbreviation of the substrate or application that qualifies the product as special purpose shall be displayed.
(5) If the manufacturer or responsible party uses an abbreviation as allowed by this section, an explanation of the abbreviation shall be filed with the Department before the abbreviation is used.
(b) The information required in § 130.371(a) shall be displayed on the product container so that it is readily observable without removing or disassembling a portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing product packaging.
REPORTING REQUIREMENTS § 130.391. Required reporting of information to Department.
Upon 90 days written notice, the Department may require a responsible party to report information for a consumer product the Department may specify.
§ 130.392. Confidentiality.
The information submitted by a responsible party under § 130.391 (relating to required reporting of information to the Department) will be handled in accordance with the procedures specified in applicable Pennsylvania confidentiality requirements upon request by the responsible party.
VARIANCES § 130.411. Application for variance.
A person who cannot comply with §§ 130.211--130.216 (relating to standards), because of extraordinary reasons beyond the person's control, may apply in writing to the Department for a variance. The variance application shall set forth:
(1) The specific grounds upon which the variance is sought.
(2) The proposed dates by which compliance with the provisions of § 130.211 (relating to table of standards) will be achieved.
(3) A compliance report reasonably detailing the methods by which compliance will be achieved.
§ 130.412. Variance orders.
A variance order shall specify a final compliance date by which the requirements of §§ 130.211--130.216 (relating to standards) will be achieved. A variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and other conditions that the Department, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of applicable Commonwealth laws and regulations.
§ 130.413. Termination of variance.
A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with a term or condition of the variance.
§ 130.414. Modification of variance.
Upon the application of a person, the Department may review, and for good cause, modify or revoke a variance from requirements of §§ 130.211--130.216 (relating to standards) after holding a public hearing in accordance with the provisions of applicable Commonwealth regulations.
TEST METHODS § 130.431. Testing for compliance.
(a) Testing to determine compliance with this subchapter shall be performed by one of the following:
(1) Using CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, and as last amended on September 3, 1999.
(2) Alternative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Department.
(3) Calculation of the VOC content from records of the amounts of constituents used to make the product under the following criteria:
(i) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records shall be kept for at least 3 years.
(ii) For the purposes of this section, the VOC content shall be calculated according to the following equation:
B - C
VOC Content = ( ______ ) × 100
Awhere,
A = total net weight of unit (excluding container and packaging)
B = total weight of all VOCs per unit.
C = total weight of VOCs exempted under §§ 130.331--130.352 per unit
(iii) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this section.
(b) Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (May 25, 1990).
(c) Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991).
(d) Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-90 (Sept. 28, 1990).
(e) A person may not create, alter, falsify or otherwise modify records so that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and other test, processes or records used in connection with product manufacture.
ACP FOR CONSUMER PRODUCTS § 130.451. Alternative methods of compliance.
The purpose of this section is to provide an alternative method to comply with the Table of Standards specified in § 130.211 (relating to table of standards). This alternative is provided by allowing responsible ACP parties the option of voluntarily entering into separate alternative control plans for consumer products, as specified in this subchapter. Only responsible ACP parties for consumer products may enter into an ACP.
§ 130.452. Exemption.
A manufacturer of consumer products which has been granted an ACP Agreement by the CARB under Subchapter 8.5, Article 4, Sections 94540-94555, of Title 17 of the CCR shall be exempt from § 130.211 (relating to table of standards) for the period of time that the CARB ACP Agreement remains in effect provided that all ACP Products within the CARB ACP Agreement are contained in § 130.211. A manufacturer claiming such an ACP Agreement on this basis shall submit to the Department a copy of the CARB ACP decision (that is, the Executive Order), including the conditions established by CARB applicable to the exemption.
§ 130.453. Request for exemption.
(a) Manufacturers of consumer products that have been granted an ACP Agreement under the ACP provision in Subchapter 8.5, Article 4, sections 94540--94555, of Title 17 of the CCR based on California specific data, or that have not been granted an exemption by the CARB may seek an ACP Agreement with the Department.
(b) The Department will not approve an ACP submitted by a responsible ACP party if the Department determines, upon review of the responsible ACP party's compliance history with past or current ACPs or the requirements for consumer products in this subchapter, that the responsible ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those violations.
§ 130.454. Recordkeeping and availability of requested information.
(a) Information specified in the ACP Agreement approving an ACP shall be maintained by the responsible ACP party for at least 3 years after the records are generated. The records shall be clearly legible and maintained in good condition during this period.
(b) The records specified in this section shall be made available to the Department:
(1) Immediately upon request during an onsite visit to a responsible ACP party.
(2) Within 5 working days after receipt of a written request from the Department.
(3) Within a time period mutually agreed upon by both the Department and the responsible ACP party.
§ 130.455. Surplus reductions and surplus trading.
(a) The Department will issue surplus reduction certificates which establish and quantify, to the nearest pound of VOC reduced, surplus reductions achieved by a responsible ACP party operating under an ACP. The surplus reductions can be bought from, sold to or transferred to a responsible ACP party operating under an ACP, as provided in this section. Surplus reductions will be calculated by the Department at the end of each compliance period within the time specified in the approved ACP. Surplus reduction certificates do not constitute instruments, securities or other form of property.
(b) The issuance, use and trading of all surplus reductions shall be subject to the following provisions:
(1) For the purposes of this section, VOC reductions from sources of VOCs other than consumer products subject to the VOC standards specified in § 130.211 (relating to table of standards) may not be used to generate surplus reductions.
(2) Surplus reductions are valid only when generated by a responsible ACP party, and only while that responsible ACP party is operating under an approved ACP.
(3) Surplus reductions are valid only after the Department has issued an ACP agreement under this section.
(4) Surplus reductions issued by the Department may be used by the responsible ACP party who generated the surplus until the reductions expire or are traded or until the ACP is canceled under this section.
(5) Surplus reductions cannot be applied retroactively to a compliance period prior to the compliance period in which the reductions were generated.
(6) Except as provided in this section, only small or one-product businesses selling products under an approved ACP may purchase surplus reductions. An increase in the size of a small business or one-product business shall have no effect on surplus reductions purchased by that business prior to the date of the increase.
(7) While valid, surplus reductions can be used only for one of the following purposes:
(i) To adjust the ACP emissions of either the responsible ACP party who generated the reductions or the responsible ACP party to which the reductions were traded, provided the surplus reductions are not to be used by a responsible ACP party to further lower its ACP emissions when its ACP emissions are equal to or less than the ACP limit during the applicable compliance period.
(ii) To be traded for the purpose of reconciling another responsible ACP party's shortfalls, provided the reconciliation is part of the reconciliation of shortfalls plan approved by the Department under this section.
(8) A valid surplus reduction shall be in effect starting 5 days after the date of issuance by the Department, for a continuous period equal to the number of days in the compliance period during which the surplus reduction was generated. The surplus reduction shall then expire at the end of its effective period.
(9) At least 5 working days prior to the effective date of transfer of surplus reductions, both the responsible ACP party which is selling surplus reductions and the responsible ACP party which is buying the surplus reductions shall, either together or separately, notify the Department in writing of the transfer. The notification shall include the following:
(i) The date the transfer is to become effective.
(ii) The date the surplus reductions being traded are due to expire.
(iii) The amount (in pounds of VOCs) of surplus reductions that are being transferred.
(iv) The total purchase price paid by the buyer for the surplus reductions.
(v) The contact persons, names of the companies, street and mail addresses and phone numbers of the responsible ACP parties involved in the trading of the surplus reductions.
(vi) A copy of the Department-issued surplus reductions certificate, signed by both the seller and buyer of the certificate, showing transfer of all or a specified portion of the surplus reductions. The copy shall show the amount of remaining nontraded surplus reductions, if applicable, and shall show their expiration date. The copy shall indicate that both the buyer and seller of the surplus reductions fully understand the conditions and limitations placed upon the transfer of the surplus reductions and accept full responsibility for the appropriate use of such surplus reductions as provided in this section.
(10) Surplus reduction credits shall only be traded between ACP products for consumer products.
§ 130.456. Limited-use surplus reduction credits for early reformulations of ACP products.
(a) For the purposes of this subsection, ''early reformulation'' means an ACP product which is reformulated to result in a reduction in the product's VOC content, and which is sold, supplied or offered for sale in this Commonwealth for the first time during the 1 year (365-day) period immediately prior to the date on which the application for a proposed ACP is submitted to the Department. ''Early reformulation'' does not include reformulated ACP products which are sold, supplied or offered for sale in this Commonwealth more than 1 year prior to the date on which the ACP application is submitted to the Department.
(b) If requested in the application for a proposed ACP, the Department will, upon approval of the ACP, issue surplus reduction credits for early reformulations of ACP products, provided that the following documentation has been provided by the responsible ACP party to the satisfaction of the Department:
(1) Accurate documentation showing that the early reformulation reduced the VOC content of the ACP product to a level which is below the pre-ACP VOC content of the product, or below the applicable VOC standards in § 130.211 (relating to table of standards), whichever is the lesser of the two.
(2) Accurate documentation demonstrating that the early reformulated ACP product was sold in retail outlets in this Commonwealth within the time period specified in this section.
(3) Accurate sales records for the early reformulated ACP product which meets the definition of ''enforceable sales records'' in § 130.202 (relating to definitions), and which demonstrate that the enforceable sales for the ACP product are at least 75.0% of the gross Pennsylvania sales for the product.
(4) Accurate documentation for the early reformulated ACP product which meets the requirements specified in this section, and which identifies the specific test methods for verifying the claimed early reformulation and the statistical accuracy and precision of the test methods as specified in this section.
(c) Surplus reduction credits issued under this section shall be calculated separately for each early reformulated ACP product by the Department according to the following equation:
((VOC Content)initial ×
(VOC Content)final)
SR = Enforceable Sales × ______
100
where,
SR = Surplus reductions for the ACP product, expressed to the nearest pound
Enforceable
Sales = The enforceable sales for the early reformulated ACP product, expressed to the nearest pound of ACP product,
VOC
Contentinitial = The Pre-ACP VOC content of the ACP product, or the applicable VOC standard specified in 3 (a), whichever is the lesser of the two, expressed to the nearest 0.1 pound of VOC per 100 pounds of ACP product,
VOC
Contentfinal = The VOC Content of the early reformulated ACP product after the early reformulation is achieved, expressed to the nearest 0.1 pound of VOC per 100 pounds of ACP product.(d) The use of surplus reduction credits issued under this section shall be subject to the following provisions:
(1) Surplus reduction credits shall be used solely to reconcile the responsible ACP party's shortfalls generated during the first compliance period occurring immediately after the issuance of the ACP agreement approving an ACP, and may not be used for another purpose.
(2) Surplus reduction credits may not be transferred to, or used by, another responsible ACP party.
(3) Except as provided in this section, surplus reduction credits shall be subject to the requirements applicable to surplus reductions and surplus trading, as specified in this section.
§ 130.457. Reconciliation of shortfalls.
(a) At the end of each compliance period, the responsible ACP party shall make an initial calculation of shortfalls occurring in that compliance period, as specified in the ACP agreement approving the ACP. Upon receipt of this information, the Department will determine the amount of a shortfall that has occurred during the compliance period, and notify the responsible ACP party of this determination.
(b) The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the ACP agreement approving the ACP, within 30 working days from the date of written notification of a shortfall by the Department.
(c) Shortfalls shall be completely reconciled within 90 working days from the date of written notification of a shortfall by the Department, by implementing the reconciliation of shortfalls plan specified in the ACP agreement approving the ACP.
(d) The requirements specified in the ACP agreement approving an ACP, including the applicable ACP limits, shall remain in effect while shortfalls are in the process of being reconciled.
§ 130.458. Notification of modifications to an ACP by the responsible ACP party.
(a) Modifications that do not require Department preapproval. The responsible ACP party shall notify the Department, in writing, of a change in the following with respect to an ACP product:
(1) Product name.
(2) Product formulation.
(3) Product form.
(4) Product function.
(5) Applicable product category.
(6) VOC content.
(7) LVP content.
(8) Date-codes.
(9) Recommended product usage directions.
(b) Notification. The notification shall be submitted no later than 15 working days from the date the change occurs. For each modification, the notification shall fully explain the following:
(1) The nature of the modification.
(2) The extent to which the ACP product formulation, VOC content, LVP content or recommended usage directions will be changed.
(3) The extent to which the ACP emissions and ACP limit specified in the ACP agreement will be changed for the applicable compliance period.
(4) The effective date and corresponding date-codes for the modification.
§ 130.459. Modifications that require Department preapproval.
The responsible ACP party may propose modifications to the enforceable sales records or reconciliation of shortfalls plan specified in the ACP Agreement approving the ACP. Proposed modifications shall be fully described in writing and forwarded to the Department. The responsible ACP party shall clearly demonstrate that the proposed modifications will meet the requirements of this subchapter. The responsible ACP party shall meet all applicable requirements of the existing ACP until a proposed modification is approved in writing by the Department.
§ 130.460. Other modifications.
Except as otherwise provided in this section, the responsible ACP party shall notify the Department, in writing, of information that the responsible ACP party may have which may alter the information submitted. The responsible ACP party shall provide the notification to the Department no later than 15 working days from the date the information is known to the responsible ACP party.
§ 130.461. Modification of an ACP by the Department.
(a) If the Department determines that the enforceable sales for an ACP product are no longer at least 75.0% of the gross Pennsylvania sales for that product, or the information submitted under the approval process in this section is no longer valid, or the ACP emissions are exceeding the ACP limit specified in the ACP agreement approving an ACP, the Department will modify the ACP as necessary to ensure that the ACP meets the requirements of this subchapter and that the ACP emissions will not exceed the ACP limit.
(b) The Department will not modify the ACP without first affording the responsible ACP party an opportunity for a public hearing in accordance with the procedures specified in applicable laws and regulations of the Commonwealth, to determine if the ACP should be modified.
(c) If an applicable VOC standard specified in § 130.211 (relating to table of standards) is modified by CARB in a future rulemaking, the Department will modify the ACP limit specified in the ACP agreement approving an ACP to reflect the modified ACP VOC standards as of its effective date.
§ 130.462. Cancellation of an ACP.
An ACP shall remain in effect until:
(1) The ACP reaches the expiration date specified in the ACP agreement.
(2) The ACP is modified by the responsible ACP party and approved by the Department.
(3) The ACP is modified by the Department.
(4) The ACP includes a product for which the VOC standard specified in § 130.211 (relating to table of standards) is modified by the Department in a future rulemaking, and the responsible ACP party informs the Department in writing that the ACP will terminate on the effective date of the modified standard.
(5) The ACP is cancelled by the Department.
§ 130.463. Treatment of information.
The information required by §§ 130.451--130.464 (relating to ACP for consumer products) is public information which may not be claimed as confidential. Other information submitted to the Department to meet the requirements of this subchapter will be handled in accordance with the procedures specified in applicable laws and regulations of the Commonwealth.
§ 130.464. Other applicable requirements.
A responsible ACP party may transfer an ACP to another responsible ACP party, provided that the following conditions are met:
(1) The Department shall be notified, in writing, by both responsible ACP parties participating in the transfer of the ACP and its associated ACP agreement. The written notifications shall be postmarked at least 5 working days prior to the effective date of the transfer and shall be signed and submitted separately by both responsible parties. The written notifications shall clearly identify the contact persons, business names, mail and street addresses, and phone numbers of the responsible parties involved in the transfer.
(2) The responsible ACP party to which the ACP is being transferred shall provide a written declaration stating that the transferee shall fully comply with the requirements of the ACP agreement approving the ACP and this subchapter.
[Pa.B. Doc. No. 01-2013. Filed for public inspection November 9, 2001, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
