§ 130.214. Requirements for charcoal lighter material products.
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.
Authority The provisions of this § 130.214 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 130.214 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5598. Immediately preceding text appears at serial pages (291986) to (291988).
Cross References This section cited in 25 Pa. Code § 130.202 (relating to definitions); 25 Pa. Code § 130.371 (relating to product dating); 25 Pa. Code § 130.411 (relating to application for variance); 25 Pa. Code § 130.412 (relating to variance orders); and 25 Pa. Code § 130.414 (relating to modification of variance).
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