Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 45 - CONSUMER AND COMMERCIAL PRODUCTS › Part II - Emission Standards › Article 4 - Emission Standards for Consumer Products Manufactured on or after August 1, 2010 › Section 9VAC5-45-410 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. This article
					 shall not apply to any consumer product manufactured in the applicable volatile
					 organic compound emissions control areas designated in
					 9VAC5-45-400 C for shipment and use
					 outside of those areas.
B. The
					 provisions of this article shall not apply to a manufacturer or distributor who
					 sells, supplies, or offers for sale a consumer product that does not comply
					 with the VOC standards specified in
					 9VAC5-45-430 A, as long as the
					 manufacturer or distributor can demonstrate both that the consumer product is
					 intended for shipment and use outside of the applicable volatile organic
					 compound emissions control areas designated in
					 9VAC5-45-400 C, and that the
					 manufacturer or distributor has taken reasonable prudent precautions to assure
					 that the consumer product is not distributed to those applicable volatile
					 organic compound emissions control areas. This subsection does not apply to
					 consumer products that are sold, supplied, or offered for sale by any person to
					 retail outlets in those applicable volatile organic compound emissions control
					 areas.
C. The medium volatility
					 organic compound (MVOC) content standards specified in
					 9VAC5-45-430 A for antiperspirants
					 or deodorants shall not apply to ethanol.
D. The VOC limits specified in
					 9VAC5-45-430 A shall not apply to
					 fragrances up to a combined level of 2.0% by weight contained in any consumer
					 product and shall not apply to colorants up to a combined level of 2.0% by
					 weight contained in any antiperspirant or deodorant.
E. The requirements of
					 9VAC5-45-430 A for antiperspirants
					 or deodorants shall not apply to those volatile organic compounds 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
					 20ºC.
F. The VOC limits
					 specified in
					 9VAC5-45-430 A shall not apply to
					 any LVP-VOC.
G. The VOC limits
					 specified in
					 9VAC5-45-430 A shall not apply to
					 air fresheners that are composed entirely of fragrance, less compounds not
					 defined as VOCs or LVP-VOC exempted under subsection F of this
					 section.
H. The VOC limits
					 specified in
					 9VAC5-45-430 A shall not apply to
					 air fresheners and insecticides containing at least 98%
					 paradichlorobenzene.
I. The VOC
					 limits specified in
					 9VAC5-45-430 A shall not apply to
					 adhesives sold in containers of one fluid ounce or less.
J. The VOC limits specified in
					 9VAC5-45-430 A shall not apply to
					 bait station insecticides. For the purpose of this section, 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 5.0% active
					 ingredients.
K. A person who cannot
					 comply with the requirements set forth in
					 9VAC5-45-430, because of
					 extraordinary reasons beyond the person's reasonable control may apply in
					 writing to the board for a waiver.
1. The
					 application shall set forth:
a. The specific
					 grounds upon which the waiver is sought, including the facts that support the
					 extraordinary reasons that compliance is beyond the applicant's reasonable
					 control;
b. The proposed dates by
					 which compliance with the provisions of
					 9VAC5-45-430 will be achieved;
					 and
c. A compliance report
					 reasonably detailing the methods by which compliance will be
					 achieved.