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Subpart 235-3: Standards

(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.

§235-3.1 Standards

(a) Except as provided in Subparts 235-4 (Exemptions), 235-5 (Innovative Products), 235-8 (Variances), and 235-11 (Alternative Control Plan) of this Part, no person shall sell, supply, offer for sale, or manufacture for sale in the State of New York any consumer product manufactured on or after the corresponding date listed below in the Table of Standards (table) which contains VOCs in excess of the VOC content limits specified in the table:

Table of Standards
Product Category VOC Content Limit
(percent by weight)
Manufactured
on or after
January 1, 2005
Manufactured
on or after
January 1, 2010
Adhesive Removers:
Floor or Wall covering
5
Gasket or Thread Locking
50
General Purpose
20
Specialty
70
Adhesives:
Mist Spray
65
Web Spray
55
Special Purpose Spray Adhesives:
Mounting, Automotive Engine Compartment, and Flexible Vinyl
70
Polystyrene Foam and Automotive Headliner
65
Polylolefin and Laminate Repair/Edgebanding
60
Construction, Panel, and Floor Covering
15
Contact
80*
Contact General purpose
55
Contact Special purpose
80
General Purpose
10
Structural Waterproof
15
Air Fresheners:
Single-Phase Aerosols
30
Double-Phase Aerosols
25
Liquids/Pump Sprays
18
Solids/Gels
3
Antiperspirants:
Aerosols
40 HVOC
10 MVOC
Non-Aerosols
0 HVOC
0 MVOC
Anti-static Product:
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 Washer Fluids 35
Bathroom and Tile Cleaners:
Aerosols
7
All Other Forms
5
Bug and Tar Remover 40
Carburetor or Fuel-Injection Air Intake Cleaners 45
Carpet and Upholstery Cleaners:
Aerosols
7
Non-Aerosols (Dilutables)
0.1
Non-Aerosols (Ready-to-Use)
3
Charcoal Lighter Material see subdivision (f)
of this section
Cooking Spray:
Aerosols
18
Deodorants:
Aerosols
0 HVOC
10 MVOC
Non-Aerosols
0 HVOC
0 MVOC
Dusting Aids:
Aerosols
25
All Other Forms
7
Electrical Cleaner 45
Electronic Cleaner 75
Engine Degreasers:
Aerosols
35
Non-Aerosols
5
Fabric Protectants 60
Fabric Refresher:
Aerosols
15
Non-Aerosols
6
Floor Polishes/Waxes:
Products for Flexible Flooring Materials
7
Products for Nonresilient Flooring
10
Wood Floor Wax
90
Floor Wax Strippers:
Non-Aerosols
See subdivision
(h) of this section
Footwear or Leather Care Product:
Aerosol
75
Solid
55
Other forms
15
Furniture Maintenance Products:
Aerosols
17
All Other Forms Except Solid or Paste
7
General Purpose Cleaners:
Aerosols
10
Non-Aerosols
4
General Purpose Degreasers:
Aerosols
50
Non-Aerosols
4
Glass Cleaners:
Aerosols
12
Non-Aerosols
4
Graffiti Remover:
Aerosol
50
Non-Aerosols
30
Hair Mousses 6
Hairshines 55
Hairsprays 55
Hair Styling Gels 6
Hair Styling Products:
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 (All Other Forms)
20
Lawn and Garden (Non-Aerosol)
3
Wasp and Hornet
40
Laundry Prewash:
Aerosols/Solids
22
All Other Forms
5
Laundry Starch Products 5
Metal Polishes/Cleaners 30
Multi-Purpose Lubricant
(Excluding Solid or Semi-Solid Products)
50
Nail Polish Remover 75
Non-Selective Terrestrial Herbicide:
Non-Aerosols
3
Oven Cleaners:
Aerosol/Pump Sprays
8
Liquids
5
Paint Remover or Strippers 50
Penetrants 50
Rubber and Vinyl Protectants:
Non-Aerosols
3
Aerosols
10
Sealants and Caulking Compounds 4
Shaving Creams 5
Shaving Gel 7
Silicone-Based Multi-Purpose Lubricants
(Excluding Solid or Semi-Solid Products)
60
Spot Removers:
Aerosols
25
Non-Aerosols
8
Tire Sealants and Inflators 20
Toilet/Urinal Care:
Aerosol
10
Non-Aerosol
3
Undercoatings:
Aerosols
40
Wood Cleaner:
Aerosol
17
Non-Aerosol
4

* VOC standard will expire on December 31, 2009 because category will be split into two categories.

(b) No person shall sell, supply, offer for sale, or manufacture for sale in the State of New York any antiperspirant or deodorant which contains any compound that has been identified by the CARB in title 17, California Code of Regulations, division 3, chapter 1, subchapter 7, section 93000 (see Table 1, section 200.9 of this Title) 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 Standards in this Subpart shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this Subpart, 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 Standards in this Subpart shall apply to the product only after the maximum recommended dilution has taken place.

(d) Sell-through of products.

(1) Sell-through period. Notwithstanding the provisions of subdivision (a) or (g) of this section, a consumer product manufactured prior to the effective date specified for that product in the Table of Standards may be sold, supplied, or offered for sale after each of the specified effective dates. This subdivision shall not apply to:

(i) 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 section 235-6.1(a) of this Part, or

(ii) solid air fresheners and toilet/urinal care products that contain para-dichlorobenzene; these products are subject to the one-year sell-through period specified in subdivision (n) of this section.

(e) Products registered under FIFRA. For those consumer products that are 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), the effective date of the VOC content limits specified in Table of Standards in this Subpart is January 1, 2011.

(f) Requirements for charcoal lighter materials. The following requirements shall apply to all charcoal lighter material products as defined in section 235-2.1(ai) of this Part:

(1) Regulatory standards.

(i) No person shall sell, supply, or offer for sale after January 1, 2005 any charcoal lighter material product unless at the time of the transaction:

(a) the manufacturer can demonstrate that they have 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 California Code of Regulations (see Table 1, section 200.9 of this Title). This certification remains in effect for the State of New York for as long as the CARB certification remains in effect. Any manufacture claiming such a certification on this basis must submit to the director, Division of Air Resources, Department of Environmental Conservation a copy of the certification decision (i.e., the Executive Order), including all conditions established by CARB applicable to the certification;

(b) the manufacturer or distributor of the charcoal lighter material has been issued a currently effective certification pursuant to paragraph (2) of this subdivision;

(c) the charcoal lighter material meets the formulation criteria and other conditions specified in the applicable ACP agreement issued pursuant to paragraph (2) of this subdivision; and

(d) the product usage directions for the charcoal lighter material are the same as those provided to the director, Division of Air Resources, Department of Environmental Conservation pursuant to subparagraph (2)(iii) of this subdivision.

(2) Certification requirements.

(i) No charcoal lighter material formulation shall be certified under this subsection unless the applicant for certification demonstrates to the director, Division of Air Resources, Department of Environmental Conservation satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material 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 28, 1991 (the South Coast Air Quality Management District Rule 1174 Testing Protocol) (see Table 1, section 200.9 of this Title). The provisions relating to LVP-VOC in sections 235-2.1(da) and 235-4.1(f) of this Part shall not apply to any charcoal lighter material subject to the requirements of this subdivision and subdivision (a) of this section.

(ii) The director, Division of Air Resources, Department of Environmental Conservation 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 Ignition Method Compliance Certification Protocol (see Table 1, section 200.9 of this Title).

(iii) A manufacturer or distributor of charcoal lighter material may apply to the director, Division of Air Resources, Department of Environmental Conservation for certification of a charcoal lighter material formulation in accordance with this paragraph. The application shall be in writing and shall include, at a minimum, the following:

(a) the results of testing conducted pursuant to the procedures specified in South Coast Air Quality Management District Rule 1174 Testing Protocol (see Table 1, section 200.9 of this Title);

(b) the exact text and/or graphics that will appear on the charcoal lighter material's principal display panel, label, and any accompanying literature. The provided material shall clearly show the usage directions for the product. These directions shall accurately reflect the quantity of charcoal lighter material per pound of charcoal that was used in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (see Table 1, section 200.9 of this Title) for that product, unless:

(1) the charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes; or

(2) the charcoal lighter material is already incorporated into the charcoal, such as certain bag light, instant light or match light products;

(c) for a charcoal lighter material which meets the criteria specified in subclause (b)(1) of this subparagraph, the usage instructions provided to the director, Division of Air Resources, Department of Environmental Conservation shall accurately reflect the quantity of charcoal lighter material used in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (see Table 1, section 200.9 of this Title) for that product; and

(d) any physical property data, formulation data, or other information required by the director, Division of Air Resources, Department of Environmental Conservation for use in determining when a product modification has occurred and for use in determining compliance with the conditions specified on the ACP agreement issued pursuant to this paragraph.

(iv) Within 30 days of receipt of an application, the director, Division of Air Resources, Department of Environmental Conservation shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete. Within 30 days of receipt of additional information, the director, Division of Air Resources, Department of Environmental Conservation shall advise the applicant in writing either that the application is complete, or that specified additional information or testing is still required before it can be deemed complete.

(v) If the director, Division of Air Resources, Department of Environmental Conservation finds that an application meets the requirements of this paragraph, then an ACP agreement shall be issued certifying the charcoal lighter material formulation and specifying such conditions as are necessary to insure that the requirements of this section are met. The director, Division of Air Resources, Department of Environmental Conservation shall act on a complete application within 90 days after the application is deemed complete.

(3) Notice of modifications. For any charcoal lighter material for which certification has been granted pursuant to paragraph (2) of this subdivision, the applicant for certification shall notify the director, Division of Air Resources, Department of Environmental Conservation in writing within 30 days of:

(i) any change in the usage directions; or

(ii) any change in product formulation, test results, or any other information submitted pursuant to paragraph (2) of this subdivision which may result in VOC emissions greater than 0.020 pound of VOC per start.

(4) Revocation of certification. If the director, Division of Air Resources, Department of Environmental Conservation determines that any certified charcoal lighter material 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 Ignition Method Compliance Certification Protocol (see Table 1, section 200.9 of this Title) and the statistical analysis procedures contained therein, the director, Division of Air Resources, Department of Environmental Conservation shall revoke or modify the certification in accordance with Part 621 of this Title and the procedures therein as is necessary to assure that the charcoal lighter material will result in VOC emissions of less than or equal to 0.020 pound of VOC per start.

(g) Requirements for aerosol adhesives.

(1) As specified in California Health and Safety Code section 41712(h)(2) (see Table 1, section 200.9 of this Title) (or applicable New York State laws and regulations), the standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in Subparts 235-4, 235-5, and 235-8 of this Part, no person shall sell, supply, offer for sale, use or manufacture for sale in the State of New York any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the specified standard.

(2) (i) In order to qualify as a special purpose spray adhesive the product must meet one or more of the definitions for special purpose spray adhesive specified in section 235-2.1(fa) of this Part, but if the product label indicates that the product is suitable for use on any substrate or application not listed in one of the definitions for special purpose spray adhesive, then the product shall be classified as either a web spray adhesive or a mist spray adhesive.

(ii) If a product meets more than one of the definitions specified in section 235-2.1(fa) of this Part for special purpose spray adhesive, and is not classified as a web spray adhesive or mist spray adhesive under subparagraph (i) of this paragraph, then the VOC content limit for the product shall be the lowest applicable VOC content limit specified in the Table of Standards in this Subpart.

(3) Effective January 1, 2005, no person shall sell, supply, offer for sale, or manufacture for use in the State of New York any aerosol adhesive which contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

(4) All aerosol adhesives must comply with the labeling requirements specified in section 235-6.1(d) of this Part.

(h) Requirements for floor wax strippers. No person shall sell, supply, offer for sale, or manufacture for use in the State of New York any floor wax stripper unless the following requirements are met:

(1) The label of each non-aerosol floor wax stripper must specify a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of three percent 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 must specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12 percent 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) Products containing ozone-depleting compounds. For any consumer product for which VOC content limits are specified in the Table of Standards under this Subpart, no person shall sell, supply, offer for sale, or manufacture for sale in the State of New York any consumer product which contains any of the following ozone-depleting compounds:

CFC-11 (trichlorofluoromethane);

CFC-12 (dichlorodifluoromethane);

CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane);

CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane);

CFC-115 (chloropentafluoroethane);

halon 1211 (bromochlorodifluoromethane);

halon 1301 (bromotrifluoromethane);

halon 2402 (dibromotetrafluoroethane);

HCFC-22 (chlorodifluoromethane);

HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane);

HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane);

HCFC-141b (1,1-dichloro-1-fluoroethane);

HCFC-142b (1-chloro-1,1-difluoroethane);

1,1,1-trichloroethane; and, carbon tetrachloride.

(j) The requirements of subdivision (i) of this section shall not apply to any existing product formulation that complies with the Table of Standards of this Subpart or any existing product formulation that is reformulated to meet the Table of Standards of this Subpart, provided the ozone depleting compound content of the reformulated product does not increase.

(k) The requirements of subdivision (i) of this section shall not apply to any ozone depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01 percent by weight of the product.

(l) Requirements for contact adhesives, electronic cleaners, footwear or leather care products, and general purpose degreasers.

(1) Except as provided below in paragraphs (2) and (4) of this subdivision, effective January 1, 2010, no person shall sell, supply, offer for sale, or manufacture for use in the State of New York any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

(2) Sell-through of Products. Contact adhesives, electronic cleaners, footwear or leather care products, and general purpose degreasers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before January 1, 2010, may be sold, supplied, or offered for sale until January 1, 2011, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with section 235-6.1(a) of this Part.

(3) Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product identified above in paragraph (1) of this subdivision must notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2011, provided, however, that this notification must be given only if both of the following conditions are met:

(i) the product is sold or supplied to a distributor or retailer; and

(ii) the product is sold or supplied on or after June 30, 2010.

(4) Impurities. The requirements of paragraphs (1) and (3) of this subdivision shall not apply to any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01 percent by weight.

(m) Requirements for adhesive removers, electrical cleaners, and graffiti removers.

(1) Except as provided below in paragraphs (2) and (4) of this subdivision, effective January 1, 2010, no person shall sell, supply, offer for sale, or manufacture for use in the State of New York any adhesive remover, electrical cleaner, or graffiti remover that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

(2) Sell-through of products. Adhesive removers, electrical cleaners, and graffiti removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before January 1, 2010, may be sold, supplied, or offered for sale until January 1, 2011, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with section 235-6.1(a) of this Part.

(3) Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product identified above in paragraph (1) of this subdivision must notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2011, provided, however, that this notification must be given only if both of the following conditions are met:

(i) the product is sold or supplied to a distributor or retailer; and

(ii) the product is sold or supplied on or after June 30, 2010.

(4) Impurities. The requirements of paragraphs (1) and (3) of this subdivision shall not apply to any adhesive remover, electrical cleaner, or graffiti remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01 percent by weight.

(n) Requirements for solid air fresheners and toilet/urinal care products.

(1) Effective January 1, 2010, no person shall sell, supply, offer for sale, or manufacture for use in the State of New York any solid air fresheners or toilet/urinal care products that contain para-dichlorobenzene, except that solid air fresheners and toilet/urinal care products that contain para-dichlorobenzene and were manufactured before January 1, 2010, may be sold, supplied, or offered for sale until January 1, 2011, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with section 235-6.1(a) of this Part.

(2) Notification for products sold during the sell-through period. Any person who sells or supplies any solid air freshener or toilet/urinal care product that contains para-dichlorobenzene must notify the purchaser of the product in writing that the sell-through period for the product will end on January 1, 2011, provided, however, that this notification must be given only if both of the following conditions are met:

(i) the product is sold or supplied to a distributor or retailer; and

(ii) the product is sold or supplied on or after June 30, 2010.