(b) An innovative products exemption in
accordance with subsection (a) shall be valid for use in Indiana when all of
the following requirements are met:
(1) The
innovative product exemption is still in effect and has not expired.
(2) The manufacturer claiming an innovative
products exemption in accordance with subsection (a)(1) shall do the following:
(A) Submit to the department a copy of the
CARB innovative product exemption decision, that is, the Executive Order,
including all conditions established by CARB applicable to the
exemption.
(B) Maintain all
information specified in the innovative product exemption approving an
innovative product application for a minimum of three (3) years after the
expiration of the exemption.
(C)
Make all records available to the department or the U.S. EPA upon
request.
(3) The
manufacturer claiming an innovative products exemption in accordance with
subsection (a)(2) shall certify to the department the following:
(A) The product (including its form) for
which the innovative products exemption is being used to comply with this rule
satisfies the following requirements:
(i) The
product belongs to a chemically formulated consumer product category that is
subject to a VOC content limit in section 3(a) of this rule.
(ii) The VOC content limit promulgated for
this product by the air pollution control agency that issued the innovative
products exemption is equal to or more stringent than the most stringent
applicable VOC content limit specified in section 3(a) of this rule.
(B) The manufacturer must
demonstrate to the department by clear and convincing evidence that, due to
some characteristic of the product formulation, design, delivery systems, or
other fact, the use of the product will result in less VOC emissions compared
to either the VOC emissions from a representative chemically formulated
consumer product that complies with the VOC content limits in section 3(a) of
this rule, or as compared to the calculated VOC emissions from a noncomplying
representative product, if the product has been reformulated to comply with the
VOC limits specified in section 3(a) of this rule.
(C) Prior to relying on an innovative
products exemption for compliance, the manufacturer must submit to the
department the following information:
(i) A
statement that, for a specified chemically formulated consumer product that it
manufactures, the manufacturer intends to comply with this section under an
innovative products exemption rather than meet the applicable VOC content
limits in section 3(a) of this rule.
(ii) The brand name of the consumer product,
and the specific chemically formulated consumer product category in section
3(a) of this rule that the product belongs to, including its forms (if
applicable).
(iii) A copy of the
following:
(AA) The documents setting forth
the innovative products exemption.
(BB) The issuing state's air pollution
control agency's approval.
(CC) The
issuing state's air pollution control agency's conditions of
approval.
(DD) The demonstration of
clause (B).
(EE) Any documents from
the issuing state's air pollution control agency that subsequently modifies or
terminates its conditions of approval.
(FF) Documentation demonstrating compliance
with the innovative products exemption.
(iv) A statement that the innovative products
exemption and the product or products for which the innovative products
exemption is being used conform with the requirements of clauses (A) and (B)
and this clause.
