Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-112 - Volatile Organic Compound Limits in Consumer Products › Section 3745-112-04 - Exemptions

Current through all regulations passed and filed through July 1, 2024
[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) This rule does not apply
			 to any consumer product manufactured in the state of Ohio solely for shipment
			 and use outside of the state of Ohio.
(B) The provisions of this rule
			 do not
			 apply to a manufacturer or distributor who sells, supplies, or offers for sale
			 in the state of Ohio a consumer product that does not comply with the VOC
			 standards specified in paragraph (A) of rule
			 3745-112-03 of the
			 Administrative Code, 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 Ohio, and that the manufacturer or distributor has taken reasonable
			 prudent precautions to assure that the consumer product is not distributed or
			 used in the state of Ohio. The requirement of this paragraph does not apply to
			 consumer products that are sold, supplied, or offered for sale by any person to
			 retail outlets in the state of Ohio.
(C) The MVOC content standards specified in
			 paragraph (A) of rule
			 3745-112-03 of the
			 Administrative Code for antiperspirants or deodorants,
			 do not
			 apply to ethanol.
(D) The VOC
			 limits specified in paragraph (A) of rule
			 3745-112-03 of the
			 Administrative Code do not apply to fragrances up to a combined level of
			 two per cent, by weight, contained in any consumer product and
			 do not
			 apply to colorants up to a combined level of two per cent, by weight, contained
			 in any antiperspirant or deodorant.
(E) The VOC limits specified in paragraph (A)
			 of rule
			 3745-112-03 of the
			 Administrative Code do not apply to any LVP-VOC.
(F) The requirements in paragraph (A) of rule
			 3745-112-03 of the
			 Administrative Code for antiperspirants or deodorants
			 do not
			 apply to those VOCs that contain more than ten carbon atoms per molecule and
			 for which the vapor pressure is unknown, or that have a vapor pressure of two
			 millimeters of mercury or less at twenty degrees Celsius.
(G) The requirements specified in paragraph
			 (A) of rule
			 3745-112-05
			 of the Administrative Code do not apply to consumer products registered under the
			 Federal Insecticide, Fungicide, and Rodenticide Act.
(H) The VOC limits specified in paragraph (A)
			 of rule
			 3745-112-03 of the
			 Administrative Code do not apply to air fresheners that are comprised
			 entirely of fragrance, less compounds not defined as VOCs in rule
			 3745-112-01 of the
			 Administrative Code or exempted pursuant to paragraph (D) of this
			 rule.
(I) The VOC limits specified
			 in paragraph (A) of rule
			 3745-112-03 of the
			 Administrative Code do not apply to insecticides containing at least
			 ninety-eight per cent paradichlorobenzene, by weight.
(J) The VOC limits specified in paragraph (A)
			 of rule
			 3745-112-03 of the
			 Administrative Code do not apply to adhesives sold in containers of one
			 fluid ounce or less.
(K) The VOC
			 limits specified in paragraph (A) of rule
			 3745-112-03 of the
			 Administrative Code do not apply to bait station insecticides. For the
			 purpose of this paragraph, 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 per cent active ingredients.
(L) A chemically formulated consumer product
			 is exempt from the requirements of paragraph (A) of rule
			 3745-112-03 of the
			 Administrative Code if both of the following are
			 met:
(1) CARB, pursuant to
			 
									CARB's
			 consumer products regulations (including all amendments and supplements) at
			 Title 17, Subchapter 8.5, Article 1, Section 94503.5 or Article 2, Section
			 94511 of the California Code of Regulations, or the air pollution control
			 agency of another state that has adopted a consumer product rule based on or
			 substantially equivalent to the OTC "Model Rule for Consumer Products" has
			 granted to the product's manufacturer an innovative products exemption or ACP
			 for the product.
(2) The
			 innovative products exemption or ACP is valid for use in Ohio pursuant to
			 paragraph (M) of this rule.