3745-112-02 Applicablity.
Except as provided in rule 3745-112-04 of the Administrative Code, this chapter shall apply
to any person who sells, supplies, offers for sale, or manufactures consumer products on or
after January 1, 2009, for use in the state of Ohio.
 ACTION: Original DATE: 03/22/2018 9:00 AM
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Effective:
Five Year Review (FYR) Dates: 3/22/2018
Certification
Date
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/15/2007, 12/06/20123745-112-08 Test methods.
[Comment: For dates on non-regulatory government publications, publications of
recognized organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see paragraph (C) of rule 3745-112-01 of the Administrative Code
titled "Referenced Materials."]
(A) Upon the written request of the director, any manufacturer of a chemically formulated
consumer product subject to the requirements of this rule shall test any of its products
that are sold, offered for sale, held for sale, distributed, supplied, or manufactured for
sale in the state of Ohio to determine the VOC content of the product (or in the case
of charcoal lighter material, its emissions per start). Such testing shall be performed
utilizing the test methods specified in paragraphs (B) to (G) of this rule, as applicable.
(B) Testing to determine compliance with the VOC content limitations specified in the table
of rule 3745-112-03 of the Administrative Code, shall be performed using:
(1) CARB method 310; or
(2) An alternative method which is shown to accurately determine the concentration
of VOCs in a product. Such methods must first be approved in writing by the
director.
(C) Compliance with the VOC content limitations specified in the table of rule 3745-112-03
of the Administrative Code, may also be demonstrated through calculation of the
VOC content of a consumer product from records of the amounts of constituents used
to make the product (excluding packaging), pursuant to the following criteria:
(1) Compliance determinations based on these records may not be used unless the
manufacturer of a chemically formulated consumer product keeps, for each day
of production, accurate records of the amount and chemical composition of the
individual product constituents. These records must be kept for at least five
years;
(2) For the purposes of this section, the VOC content of a product shall be calculated
according to the following equation:
VOC content = (B - C)/A x 100
where;
A = Total net weight of a unit of product (excluding any packaging);
B = Total weight of all VOCs in the constituents used to make the product,
per unit; ACTION: Original DATE: 03/22/2018 9:00 AM
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C = Total weight of VOCs exempted under rule 3745-112-04 of the
Administrative Code, per unit; and
(3) If the calculations for VOC content based on product records appear to
demonstrate compliance with the VOC limits, but these calculations are
contradicted by the results of product testing performed using CARB method
310, the results of CARB method 310 shall take precedence over the
calculations based on product records and may be used to establish a violation
of the requirements of the VOC content limits set forth in this rule.
(D) Testing to determine whether a product is a liquid or a solid shall be performed using
ASTM D4359-90(2000)e1.
(E) Testing to determine distillation points of petroleum distillate-based charcoal lighter
materials shall be performed using ASTM D86-05.
(F) Testing to determine whether a material is a plasticizer may be determined using ASTM
E260-96(2006).
(G) The director may require any manufacturer that is required to perform testing pursuant
to paragraph (A) of this rule to provide to the director product samples that are
duplicates of the samples tested.3745-112-08 3
Effective:
Five Year Review (FYR) Dates: 3/22/2018
Certification
Date
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/15/2007, 12/06/2012