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Subpart 235-4: Exemptions

(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.

§235-4.1 Exemptions

(a) This Part shall not apply to any consumer product manufactured in the State of New York for shipment and use outside of the State of New York.

(b) The provisions of this Part shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State of New York a consumer product that does not comply with the VOC content limits specified in section 235-3.1(a) of this Part, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of the State of New York, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to the State of New York. This subdivision does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in the State of New York.

(c) The medium volatility organic compound (MVOC) content limits specified in section 235-3.1(a) of this Part for antiperspirants or deodorants, shall not apply to ethanol.

(d) The VOC content limits specified in section 235-3.1(a) of this Part shall not apply to fragrances up to a combined level of two percent by weight contained in any consumer product and shall not apply to colorants up to a combined level of two percent by weight contained in any antiperspirant or deodorant.

(e) The requirements of section 235-3.1(a) of this Part for antiperspirants or deodorants shall 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.

(f) The VOC content limits specified in section 235-3.1(a) of this Part shall not apply to any LVP-VOC.

(g) The requirements of section 235-6.1(a) of this Part shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. section 136, et. seq.) (see Table 1, section 200.9 of this Title).

(h) The VOC content limits specified in section 235-3.1(a) of this Part shall not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under Part 200 of this Title or exempted under subdivision (f) of this section.

(i) The VOC content limits specified in section 235-3.1(a) of this Part shall not apply to insecticides containing at least 98 percent paradichlorobenzene.

(1) Until January 1, 2010, the VOC limits specified in section 235-3.1(a) of this Part shall not apply to solid air fresheners containing at least 98 percent para-dichlorobenzene. On or after January 1, 2010, the provisions of section 235-3.1(n) of this Part apply to solid air fresheners containing para-dichlorobenzene.

(j) The VOC content limits specified in section 235-3.1(a) of this Part shall not apply to adhesives sold in containers of one fluid ounce or less.

(k) The VOC content limits specified in section 235-3.1(a) of this Part shall not apply to bait station insecticides. For the purpose of this Subpart, 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 five percent active ingredients.