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Subpart 235-7: Reporting Requirements

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103 and 71-2105)

[Filed 09/15/09. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Air Quality Planning at (518) 402-8396 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§235-7.1 Reporting requirements

(a) Upon 90 days written notice, the director, Division of Air Resources, Department of Environmental Conservation may require any responsible party to report information for any consumer product or products the director, Division of Air Resources, Department of Environmental Conservation may specify including, but not limited to, all or part of the following information:

(1) the company name of the responsible party and the party's address, telephone number, and designated contact person;

(2) any claim of confidentiality made pursuant to applicable New York State confidentiality requirements;

(3) the product brand name for each consumer product and the product label;

(4) the product category to which the consumer product belongs;

(5) the applicable product form(s) listed separately;

(6) an identification of each product brand name and form as a household product, i&i product, or both;

(7) separate New York State sales in pounds per year, to the nearest pound, and the method used to calculate New York State sales for each product form;

(8) for information submitted by multiple companies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party. All information from all companies shall be submitted by the date specified in this subdivision;

(9) for each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to the nearest 0.1 percent:

(i) total Table B compounds;

(ii) total LVP-VOCs that are not fragrances;

(iii) total all other carbon-containing compounds that are not fragrances;

(iv) total all non-carbon-containing compounds;

(v) total fragrance;

(vi) for products containing greater than two percent by weight fragrance:

(a) the percent of fragrance that are LVP-VOCs; and

(b) the percent of fragrance that are all other carbon-containing compounds;

(vii) total paradichlorobenzene;

(10) for each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstract Services (CAS) number, of the following:

(i) each Table B compound;

(ii) each LVP-VOC that is not a fragrance;

(11) if applicable, the weight percent comprised of propellent for each product; and

(12) if applicable, an identification of the type of propellent (Type A, Type B, Type C, or a blend of the different types).

If the responsible party does not have or does not provide the information requested by the director, Division of Air Resources, Department of Environmental Conservation, the director may require the reporting of this information by the person who has the information, including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

(b) In addition to the requirements of paragraph (a)(10) of this section, the responsible party shall report or shall arrange to have reported to the director, Division of Air Resources, Department of Environmental Conservation the net percent by weight of each ozone-depleting compound which is:

(1) listed in section 235-3.1(i) of this Part; and

(2) contained in a product subject to reporting under subdivision (a) in any amount greater than 0.1 percent by weight.

(c) All information submitted by any person pursuant to this Subpart shall be handled in accordance with the procedures specified in applicable New York State confidentiality requirements.

(d) Special reporting requirements for consumer products that contain perchloroethylene or methylene chloride.

(1) The requirements of this Subpart shall apply to all responsible parties for consumer products that are subject to section 235-3.1(a) of this Part and contain perchloroethylene or methylene chloride and energized electrical cleaners as defined in section 235-2.1(bf) of this Part, that contain perchloroethylene or methylene chloride. For the purposes of this Subpart, a product contains perchloroethylene or methylene chloride if the product contains 1.0 percent or more by weight (exclusive of the container or packaging) of either perchloroethylene or methylene chloride.

(2) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in the State of New York during each calender year, beginning with the year 2005, and ending with the year 2010:

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

(ii) the product category to which the consumer product belongs;

(iii) the applicable product form(s) (listed separately);

(iv) for each product form listed in subparagraph (iii) of this paragraph, the total sales in the State of New York during the calendar year, to the nearest pound (exclusive of the container or packaging), and the method used for calculating the New York State sales; and

(v) the weight percent, to the nearest 0.10 percent, of perchloroethylene and methylene chloride in the consumer product.

(3) The information specified in paragraph (2) of this subdivision shall be reported for each calendar year by March 1st of the following year. The first report shall be due on March 1, 2006, for calendar year 2005. A new report is due on March 1st of each year thereafter, until March 1st, 2011, when the last report is due.