Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4
Affected: IC 13-12
Sec. 3.
(a) Except as
provided in sections 4 through 6 of this rule, no person shall sell, supply,
offer for sale, or manufacture for sale in Indiana any consumer product
manufactured on or after June 1, 2011, that contains VOCs in excess of the VOC
content limits specified in the following table of standards:
Product Category |
VOC Standard (percent VOC by weight) |
Adhesives: |
|
Aerosol mist spray |
65 |
Aerosol web spray |
55 |
Special purpose spray adhesives: |
|
Mounting, automotive engine compartment, and flexible
vinyl |
70 |
Polystyrene foam and automotive headliner |
65 |
Polyolefin and laminate repair or edgebanding |
60 |
Construction, panel, and floor |
15 |
Contact |
80 |
Contact general purpose |
55 |
Contact special purpose |
80 |
General purpose |
10 |
Structural waterproof |
15 |
Adhesive removers: |
|
Floor or wall covering |
5 |
Gasket or thread locking |
50 |
General purpose |
20 |
Specialty |
70 |
Air fresheners: |
|
Single phase aerosol |
30 |
Double phase aerosol |
25 |
Liquids or pump sprays |
18 |
Solids or semisolids |
3 |
Antiperspirants: |
|
Aerosol |
40 HVOC |
|
10 MVOC |
Nonaerosol |
0 HVOC |
|
0 MVOC |
Antistatic product, nonaerosol |
11 |
Automotive brake cleaners |
45 |
Automotive rubbing or polishing compound |
17 |
Automotive wax, polish, sealant, or glaze: |
|
Hard paste waxes |
45 |
Instant detailers |
3 |
All other forms |
15 |
Automotive windshield washer fluids |
35 |
Bathroom and tile cleaners: |
|
Aerosol |
7 |
All other forms |
5 |
Bug and tar remover |
40 |
Carburetor or fuel injection air intake cleaners |
45 |
Carpet and upholstery cleaners: |
|
Aerosols |
7 |
Nonaerosol (dilutables) |
0.1 |
Nonaerosol (ready-to-use) |
3.0 |
Charcoal lighter material
1
|
|
Cooking spray, aerosols |
18 |
Deodorants: |
|
Aerosol |
0 HVOC |
|
10 MVOC |
Nonaerosol |
0 HVOC |
|
0 MVOC |
Dusting aids: |
|
Aerosols |
25 |
All other forms |
7 |
Electrical cleaner |
45 |
Electronic cleaner |
75 |
Engine degreasers: |
|
Aerosol |
35 |
Nonaerosol |
5 |
Fabric protectants |
60 |
Fabric refresher: |
|
Aerosol |
15 |
Nonaerosol |
6 |
Floor polishes or waxes: |
|
Products for flexible flooring materials |
7 |
Products for nonresilient flooring |
10 |
Wood floor wax |
90 |
Floor wax strippers, nonaerosol
2
|
|
Footwear or leather care products: |
|
Aerosol |
75 |
Solid |
55 |
Other forms |
15 |
Furniture maintenance products: |
|
Aerosol |
17 |
All other forms except solid or paste |
7 |
General purpose cleaners: |
|
Aerosol |
10 |
Nonaerosol |
4 |
General purpose degreasers: |
|
Aerosol |
50 |
Nonaerosol |
4 |
Glass cleaners: |
|
Aerosols |
12 |
Nonaerosol |
4 |
Graffiti remover: |
|
Aerosol |
50 |
Nonaerosol |
30 |
Hair mousses |
6 |
Hair shines |
55 |
Hair sprays |
55 |
Hairstyling gels |
6 |
Hairstyling products: |
|
Aerosol and pump sprays |
6 |
All other forms |
2 |
Heavy-duty hand cleaner or soap |
8 |
Insecticides: |
|
Crawling bug (aerosol) |
15 |
Crawling bug (all other forms) |
20 |
Flea and tick |
25 |
Flying bug (aerosol) |
25 |
Flying bug (all other forms) |
35 |
Foggers |
45 |
Lawn and garden (nonaerosol) |
3 |
Lawn and garden (all other forms) |
20 |
Wasp and hornet |
40 |
Laundry prewash: |
|
Aerosol or solids |
22 |
All other forms |
5 |
Laundry starch products |
5 |
Metal polish or cleaners |
30 |
Multipurpose lubricant (excluding solid or semisolid
products) |
50 |
Nail polish remover |
75 |
Nonselective terrestrial herbicide, nonaerosol |
3 |
Oven cleaners: |
|
Aerosol or pump sprays |
8 |
Liquids |
5 |
Paint removers or strippers |
50 |
Penetrants |
50 |
Rubber and vinyl protectants: |
|
Aerosol |
10 |
Nonaerosol |
3 |
Sealants and caulking compounds |
4 |
Shaving creams |
5 |
Shaving gels |
7 |
Silicone based multipurpose lubricants (excluding solid
or semisolid products) |
60 |
Spot removers: |
|
Aerosol |
25 |
Nonaerosol |
8 |
Tire sealants and inflators |
20 |
Undercoatings, aerosol |
40 |
Wood cleaner: |
|
Aerosol |
17 |
Nonaerosol |
4 |
1 See subsection (f) regarding
charcoal lighter material standards.
2 See subsection (h) regarding
floor wax strippers. |
(b)
No person shall:
(1) sell;
(2) supply;
(3) offer for sale; or
(4) manufacture for sale;
in Indiana any antiperspirant or deodorant that contains any
compound that has been identified by the CARB in Title 17, California Code of
Regulations, Division 3, Chapter 1, Subchapter 7, Section 93000* as a toxic air
contaminant.
(c)
Products that are diluted prior to use shall satisfy the following
requirements:
(1) For consumer products for
which the label, packaging, or accompanying literature specifically states that
the product should be diluted with water or non-VOC solvent prior to use, the
VOC content limits specified in subsection (a) shall apply to the product only
after the minimum recommended dilution has taken place. For purposes of this
rule, minimum recommended dilution shall not include recommendations for
incidental use of a concentrated product to deal with limited special
applications such as hard-to-remove soils or stains.
(2) For consumer products for which the
label, packaging, or accompanying literature states that the product should be
diluted with any VOC solvent prior to use, the limits specified in subsection
(a) shall apply to the product only after the maximum recommended dilution has
taken place.
(d) The
following provisions apply to the sell-through of products:
(1) Notwithstanding the provisions of
subsections (a) and (g), a consumer product manufactured prior to the effective
date of this rule, June 1, 2011, may be sold, supplied, or offered for sale
after the effective date of this rule, June 1, 2011.
(2) Subdivision (1) does not apply to any
consumer product that does not display on the product container or package the
date on which the product was manufactured, or a code indicating the date, in
accordance with section 6(a) of this rule.
(e) For consumer products subject to this
rule that are registered under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA, 7 U.S.C. Section 136, et seq.), the effective date of
the VOC standards specified in subsection (a) is June 1, 2012.
(f) The following requirements apply to all
charcoal lighter materials:
(1) No person
shall sell, supply, or offer for sale after June 1, 2011, any charcoal lighter
material product unless at the time of the transaction the manufacturer can
demonstrate that the product has been issued a currently effective
certification by one (1) of the following:
(A) The CARB under the Consumer Products
provisions under Subchapter 8.5, Article 2, Section 94509(h), of Title 17 of
the California Code of Regulations. The certification remains in effect for
Indiana for as long as the CARB certification remains in effect.
(B) A certification by an air pollution
control agency of another state and the U.S. EPA. The certification must be
current at the time of the transaction.
(2) Upon request by the department, a
manufacturer claiming certification in accordance with subdivision (1) shall
submit to the department a copy of the certification decision, that is, the
Executive Order, including all conditions established by CARB applicable to the
certification.
(g) The
following requirements apply to aerosol adhesives:
(1) The VOC standards for aerosol adhesives
apply to all uses of aerosol adhesives including consumer, industrial, and
commercial uses. Except as otherwise provided in sections 4 and 5 of this rule,
no person shall sell, supply, offer for sale, use, or manufacture for sale in
Indiana any aerosol adhesive that, at the time of sale, use, or manufacture,
contains VOCs in excess of the VOC limits specified in subsection
(a).
(2) In order to qualify as a
special purpose spray adhesive, the product must meet one (1) or more of the
definitions in section 2 of this rule, but if the product label indicates that
the product is suitable for use on any substrate or application not listed in
one (1) of the definitions for special purpose spray adhesive, then the product
shall be classified as either a web spray adhesive or a mist spray adhesive. If
a product:
(A) meets more than one (1) of the
definitions in section 2 of this rule for a special purpose spray adhesive;
and
(B) is not classified as a web
spray adhesive or mist spray adhesive; then the VOC content limit for the
product shall be the lowest applicable VOC content limit specified in
subsection (a).
(3)
Effective, June 1, 2011, no person shall sell, supply, offer for sale, or
manufacture for use in Indiana any aerosol adhesive that contains any of the
following compounds:
(A) Methylene
chloride.
(B)
Perchloroethylene.
(C)
Trichloroethylene.
(4)
All aerosol adhesives must comply with the labeling requirements specified in
section 7 of this rule.
(h) The following requirements apply to floor
wax strippers:
(1) The label of each
nonaerosol floor wax stripper must specify a dilution ratio for light or medium
buildup of polish that results in an as-used VOC concentration of three percent
(3%) by weight or less.
(2) If a
nonaerosol floor wax stripper is also intended to be used for removal of heavy
buildup of polish, the label of that floor wax stripper must specify a dilution
ratio for heavy buildup of polish that results in an as-used VOC concentration
of twelve percent (12%) by weight or less.
(3) The terms "light buildup", "medium
buildup", or "heavy buildup" are not specifically required as long as
comparable terminology is used.
(i) The following requirements apply to
products containing ozone depleting compounds:
(1) For any consumer product subject to
subsection (a), no person shall sell, supply, offer for sale, or manufacture
for sale in Indiana any consumer product that contains any of the following
ozone depleting compounds:
(A)
Trichlorofluoromethane (CFC-11).
(B) Dichlorodifluoromethane
(CFC-12).
(C)
1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113).
(D)
1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114).
(E) Chloropentafluoroethane
(CFC-115).
(F)
Bromochlorodifluoromethane (Halon 1211).
(G) Bromotrifluoromethane (Halon
1301).
(H) Dibromotetrafluoroethane
(Halon 2402).
(I)
Chlorodifluoromethane (HCFC-22).
(J) 2,2-dichloro-1,1,1-trifluoroethane
(HCFC-123).
(K)
2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124).
(L) 1,1-dichloro-1-fluoroethane
(HCFC-141b).
(M)
1-chloro-1,1-difluoroethane (HCFC-142b).
(N) 1,1,1-trichloroethane.
(O) Carbon tetrachloride.
(2) The requirements in
subdivision (1) shall not apply to any existing product formulation that:
(A) complies with the VOC content limits
listed in subsection (a); or
(B) is
reformulated to meet the VOC content limits in subsection (a) provided the
ozone depleting compound content of the reformulated product does not
increase.
(3) The
requirements of subdivision (1) shall not apply to any ozone depleting
compounds that may be present as impurities in a consumer product in an amount
equal to or less than one-hundredth of one percent (0.01%) by weight of the
product.
(j) The
following requirements apply to adhesive removers, contact a d h esives,
electrical cleaners, electronic cleaners, footwear or leather care products,
general purpose degreasers, and graffiti removers:
(1) Except as provided in subdivisions (2)
and (4), effective June 1, 2011, no person shall sell, supply, offer for sale,
or manufacture for use in Indiana any adhesive remover, contact adhesive,
electrical cleaner, electronic cleaner, footwear or leather care product,
general purpose degreaser, or graffiti remover that contains any of the
following compounds:
(A) Methylene
chloride.
(B)
Perchloroethylene.
(C)
Trichloroethylene.
(2)
Products manufactured before June 1, 2011, may be sold, supplied, or offered
for sale until June 1, 2014, so long as the product container or package
displays the date on which the product was manufactured, or a code indicating
the date, in accordance with section 7(a) of this rule.
(3) Any person who sells or supplies a
consumer product identified in subdivision (1) must notify the purchaser of the
product in writing that the sell-through period for that product will end on
June 1, 2014 if both of the following conditions are met:
(A) The product is sold or supplied to a
distributor or retailer.
(B) The
product is sold or supplied on or after May 31, 2014.
(4) The requirements of subdivisions (1) and
(3) shall not apply to any adhesive remover, contact adhesive, electrical
cleaner, electronic cleaner, footwear or leather care product, general purpose
degreaser, or graffiti remover containing methylene chloride,
perchloroethylene, or trichloroethylene that is present as an impurity in a
combined amount equal to or less than one-hundredth of one percent (0.01%) by
weight.
*This document is incorporated by reference. Copies are
available for review and copying at the Indiana Department of Environmental
Management, Office of Air Quality, Indiana Government Center North, Tenth
Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.