New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 235 - Consumer Products › Subpart 235-5 - Innovative Products › Section 235-5.1 - Innovative products

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 manufacturer of consumer products which have been granted an innovative product
					 exemption by the CARB under the innovative products provisions in section
					 94511, or 94503.5 of Title 17 of the California Code of Regulations (see Table
					 1, section 200.9  of this Title) shall be
					 exempt from the Table of Standards in section
					 235-3.1(a)  of this
					 Part for the period of time that the CARB innovative products exemption remains
					 in effect provided that all consumer products within the CARB innovative
					 products exemption are contained in the Table of Standards in section
					 235-3.1(a)  of this
					 Part. Any manufacturer claiming such an exemption on this basis must submit to
					 the director, Division of Air Resources, Department of Environmental
					 Conservation a copy of the CARB innovative product exemption decision ('i.e.',
					 the Executive Order), including all conditions established by CARB applicable
					 to the exemption. When approved by the director, Division of Air Resources,
					 Department of Environmental Conservation, the innovative product exemption will
					 be submitted to the United States Environmental Protection Agency as a State
					 Implementation Plan revision for approval.
(b) Manufacturers of consumer products that
					 have been granted an innovative products exemption under the innovative
					 products provisions in section 94511, or 94503.5 of Title 17 of the California
					 Code of Regulations (see Table 1, section
					 200.9  of this Title) based on
					 California specific data, or that have not been granted an exemption by the
					 CARB may seek an innovative products exemption in accordance with the following
					 criteria:
(1) The director, Division of Air
					 Resources, Department of Environmental Conservation shall exempt a consumer
					 product from the VOC content limits specified in section
					 235-3.1(a)  of this
					 Part if a manufacturer demonstrates by clear and convincing evidence 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 as
					 compared to:
(i) the VOC emissions from a
					 representative consumer product which complies with the VOC content limits
					 specified in section
					 235-3.1(a)  of this
					 Part; or
(ii) the calculated VOC
					 emissions from a non-complying representative product, if the product had been
					 reformulated to comply with the VOC content limits specified in section
					 235-3.1(a)  of this
					 Part. VOC emissions shall be calculated using the following equation:
ER = ENC x
						VOCSTD
														÷ VOCNC
where:
ER = the VOC emissions from the non-complying
						representative product, had it been reformulated.
ENC = the VOC emissions from the
						non-complying representative product in its current formulation.
VOCSTD = the VOC content limit
						specified in the Table of Standards in section
						235-3.1(a)  of this
						Part.
VOCNC = the VOC content of the
						non-complying product in its current formulation.
If a manufacturer demonstrates that this equation yields
						inaccurate results due to some characteristic of the product formulation or
						other factors, an alternative method which accurately calculates emissions may
						be used upon approval of the director, Division of Air Resources, Department of
						Environmental Conservation.