Ibc Code Chapter 17 Products

[Miina Hunker]

Thissection 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). 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

This section cited in 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 of orders); and 25 Pa. Code 130.414 (relating to modification of variance).

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 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 of the noncomplying consumer product can demonstrate both that the noncomplying consumer product is intended for shipment and use outside of this Commonwealth, and that the manufacturer or distributor has taken reasonably prudent precautions to assure that the noncomplying consumer product is not distributed in this Commonwealth.

Authority

This section cited in 25 Pa. Code 130.202 (relating to definitions); 25 Pa. Code 130.211 (relating to table of standards); 25 Pa. Code 130.215 (relating to requirements for aerosol adhesives); and 25 Pa. Code 130.431 (relating to testing for compliance). 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 than the standard established in 130.211. (2) A manufacturer shall apply in writing to the Department for an exemption claimed under this section. 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.

Cross References

This section cited in 25 Pa. Code 130.215 (relating to requirements for aerosol adhesives).

REPORTING REQUIREMENTS

130.391. Required reporting of information to the Department. Upon 90 days written notice, the Department may require a responsible party to report information for a consumer product the Department may specify.

Cross References

This section cited in 25 Pa. Code 130.211 (relating to table of standards); and 25 Pa. Code 130.215 (relating to requirements for aerosol adhesives).

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 May 5, 2005, including subsequent amendments. (2) Alternative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon written 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 and be made available to the Department on request. (ii) For the purposes of this section, the VOC content (expressed as a percentage) shall be calculated according to the following equation: VOC content = ( B - C ) x 100 A where, 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—130.338, 130.351 and 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 (2000)e1, including subsequent amendments. (c) Testing to determine compliance with the certification requirements for charcoal lighter material products 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), including subsequent amendments. (d) Testing to determine distillation points of petroleum distillate-based charcoal lighter material products shall be performed using ASTM D86-04b, including subsequent amendments. (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 tests, processes or records used in connection with product manufacture.

Authority

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