G/TBT/N/USA/1359/Rev.1  
12 April 2022  
(22-3010) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Articles 3.2 and 7.2):  State of 
Ohio 
2. Agency responsible:   
Ohio Environmental Protection Agency (Ohio EPA)  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [X] ,7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  Air quality 
(ICS code(s): 13.040); Products of the chemical industry (ICS code(s): 71.100); Volatile 
organic compounds (VOCs) that may be contained in consumer products, such as cleaning 
products, personal care prod ucts, and home, lawn, and garden products.  
5. Title, number of pages and language(s) of the notified document:  Volatile Organic 
Compound Limits in Consumer Products; (2 page(s), in English)  
6. Description of content:  The Division of Air Pollution Control  (DAPC) has proposed 
amended rules in Ohio Administrative Code (OAC) Chapter 3745 -112, "Consumer 
Products Rules" to the Joint Committee on Agency Rule Review (JCARR). The rules in this 
chapter establish limits on the quantity of volatile organic compounds (VOCs) that may 
be contained in consumer products, such as cleaning products, personal care products, 
and home, lawn, and garden products, that are sold, supplied, offered for sale or 
manufactured for sale in the state of Ohio. DAPC has drafted revisions t o the rules in OAC 
Chapter 3745 -112 to adopt a more recent version of the Ozone Transport Commission 
(OTC) model rule and has also completed a review of the rules in this chapter to fulfill the 
requirements of Ohio Revised Code (ORC) Section 106.03 and 106 .031 (5 -year review). 
These rules were initially promulgated in 2007 as part of Ohio's strategy to attain the 
1997 ozone National Ambient Air Quality Standard (NAAQS) by adopting the standards in 
the model rule developed by the Ozone Transport Commission ( OTC). The OTC develops 
model rules for states to consider when adopting consumer products regulations and has 
since provided updated versions of the model rules, called "phases", for states to consider 
in subsequent adoption or revision of Consumer Product s standards. OAC Chapter 3745 -
112 is currently based on the 2006 Phase II OTC model rule for Consumer Products. Ohio 
EPA is updating these rules to adopt more recent versions of the OTC model rule; 
specifically, up through the 2012 Phase IV OTC model rule (this includes adopting the 
limits in the 2010 Phase III model rule, as well as the 2013 technical update) with a 
compliance date of 1 January 2023. This update is part of Ohio's strategy to attain the G/TBT/N/USA/1359/Rev.1  
 
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  2015 ozone NAAQS. Amendments are being made to the rul es regarding definitions, 
applicability, standards, exemptions, administrative requirements, reporting 
requirements, variances, and test methods.  
Ohio EPA is specifically requesting comment on the inclusion of standards for toilet/urinal 
care in the table of standards in OAC rule 3745 -112-03. This category, which was 
originally added to the OTC model rule in the 2006 Phase II version, was not included in 
the OAC during the original 2007 rulemaking based on comments received. Ohio EPA is 
proposing to add the  category in this rulemaking for consistency with the OTC model 
rules.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of 
human health or safety; Protection of the environment   
8. Relevant documents:  Proposal of Amended Rules to Ohio Administrative Code (OAC) 
Chapter 3745 -112, "Consumer Products Rules"  
https://epa.ohio.gov/divisions -and-offices/air -pollution -control/regulations/proposed -
rules 
See the public hearing notice, proposed rule language and the synopsis of changes (linked 
below) for information on the proposed changes and how to attend the hearing.  
• Public Notice  
• Synopsis of Changes  
• Response to Comments  
• 3745-112-01 Definitions  
• 3745-112-02 Applicablity  
• 3745-112-03 Standards  
• 3745-112-04 Exemptions  
• 3745-112-05 Administrative Requirements  
• 3745-112-06 Reporting Requirements  
• 3745-112-07 Variances  
• 3745-112-08 Test Methods  
Ohio Administrative Code (OAC) Chapter 3745 -112 - Volatile Organic Compound Limits in 
Consumer Products  
Ohio EPA will hold a virtual public hearing on Friday, 6 May 2022, at 10:30am  Eastern 
Time. To attend the virtual hearing, please register at: 
https://register.gotowebinar.com/register/789271650030108427 . During the heari ng, 
the public may submit written comments on the record about the proposed rules.  
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point  by or before 4pm Eastern Time  on 6 May 2022. Comments received by the 
USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the 
regulator by e -mail to the Ohio Environmental P rotection Agency, Division of Air Pollution 
Control (DAPC) at DAPC -Comments@epa.ohio.gov  if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  1 July 2023  
10. Final date for comments:  6 May 2022  G/TBT/N/USA/1359/Rev.1  
 
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  11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
The public hearing notice, proposed rule language, the synopsis of changes for information 
on the proposed changes and how to attend the hearing is accessible online from the Ohio 
EPA at https://epa.ohio.gov/divisions -and-offices/air -pollution -
control/regulations/proposed -rules. 
  
https://epa.ohio.gov/static/Portals/27/regs/3745 -112/3745 -112_20215 -
yr_SYN_Prop.pdf  
https://members.wto.org/crnattachments/2022/TBT/USA/22_2808_00_e.pdf