Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › INNOVATIVE PRODUCTS › Section 130.352 - Request for exemption

Current through Register Vol. 54, No. 28, July 13, 2024
A manufacturer of consumer products that has been
							 granted an innovative products exemption under the innovative products
							 provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5,
							 Article 1, Section
							 94503.5 of Title 17 of the CCR
							 based on California-specific data, or that has not been granted an exemption by
							 CARB may seek an innovative products exemption in accordance with the following
							 criteria:
(1) The Department may
						  exempt a consumer product from the VOC limits specified in §
													130.211 (relating to table of
						  standards) if a manufacturer demonstrates 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 than the standard established in
						  § 130.211.
(2) A manufacturer
						  shall apply in writing to the Department for an exemption claimed under this
						  section. The application shall include the supporting documentation that
						  demonstrates the emissions from the innovative product, including the actual
						  physical test methods used to generate the data and, if necessary, the consumer
						  testing undertaken to document product usage. In addition, the applicant shall
						  provide information necessary to enable the Department to establish enforceable
						  conditions for granting the exemption including the VOC content for the
						  innovative product and test methods for determining the VOC content.
(3) If the VOC limits specified in §
													130.211 are lowered for a product
						  category through a subsequent rulemaking, the innovative product exemptions
						  granted for products in the product category, except as provided in this
						  subsection, shall have no force and effect as of the effective date of the
						  modified VOC standard. This paragraph does not apply to those innovative
						  products which have VOC emissions less than the applicable lowered VOC limit
						  and for which a written notification of the product's emissions status versus
						  the lowered VOC limit has been submitted to and approved by the Department at
						  least 60 days before the effective date of the limits.
(4) If the Department believes that a
						  consumer product for which an exemption has been granted no longer meets the
						  criteria for an innovative product specified in paragraph (1), the Department
						  may modify or revoke the exemption as necessary to assure that the product will
						  meet these criteria.
This section cited in 25 Pa. Code §
															130.202 (relating to definitions);
								25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.215 (relating to requirements
								for aerosol adhesives); and 25 Pa. Code §
															130.431 (relating to testing for
								compliance).