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 235-4 - Exemptions › Section 235-4.1 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
					 not apply to any consumer product manufactured in the State of New York for
					 shipment and use outside of the State of New York.
(b) The provisions of this Part shall not
					 apply to a manufacturer or distributor who sells, supplies, or offers for sale
					 in the State of New York a consumer product that does not comply with the VOC
					 content limits specified in section
					 235-3.1(a)  of this
					 Part, 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 New
					 York, and that the manufacturer or distributor has taken reasonable prudent
					 precautions to assure that the consumer product is not distributed to the State
					 of New York. This subdivision does not apply to consumer products that are
					 sold, supplied, or offered for sale by any person to retail outlets in the
					 State of New York.
(c) The medium
					 volatility organic compound (MVOC) content limits specified in section
					 235-3.1(a)  of this
					 Part for antiperspirants or deodorants, shall not apply to ethanol.
(d) The VOC content limits specified in
					 section 235-3.1(a)  of this
					 Part shall not apply to fragrances up to a combined level of two percent by
					 weight contained in any consumer product and shall not apply to colorants up to
					 a combined level of two percent by weight contained in any antiperspirant or
					 deodorant.
(e) The requirements of
					 section 235-3.1(a)  of this
					 Part for antiperspirants or deodorants shall not apply to those VOCs that
					 contain more than 10 carbon atoms per molecule and for which the vapor pressure
					 is unknown, or that have a vapor pressure of 2 mm Hg or less at 20 degrees
					 Celsius.
(f) The VOC content limits
					 specified in section
					 235-3.1(a)  of this
					 Part shall not apply to any LVP-VOC.
(g) The requirements of section
					 235-6.1(a)  of this
					 Part shall not apply to consumer products registered under the Federal
					 Insecticide, Fungicide, and Rodenticide Act, (FIFRA;
					 7
					 U.S.C. section 136, 'et. seq.') (see Table 1,
					 section 200.9 of this Title).
(h) The VOC content limits specified in
					 section 235-3.1(a)  of this
					 Part shall not apply to air fresheners that are comprised entirely of
					 fragrance, less compounds not defined as VOCs under Part 200 of this Title or
					 exempted under subdivision (f) of this section.
(i) The VOC content limits specified in
					 section 235-3.1(a)  of this
					 Part shall not apply to insecticides containing at least 98 percent
					 paradichlorobenzene.
(j) The VOC
					 content limits specified in section
					 235-3.1(a)  of this
					 Part shall not apply to adhesives sold in containers of one fluid ounce or
					 less.
(k) The VOC content limits
					 specified in section
					 235-3.1(a)  of this
					 Part shall not apply to bait station insecticides. For the purpose of this
					 Subpart, '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 percent active ingredients.