Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4
Affected: IC 13-12
Sec. 6.
(a) The
purpose of this section is to provide an alternative method to comply with the
limits in section 3(a) of this rule by allowing responsible alternative control
plan (ACP) parties the option of voluntarily entering into separate ACPs for
consumer products as specified in this section. Only responsible ACP parties
for consumer products may enter into an ACP.
(b) Any manufacturer of consumer products
shall be exempt from the VOC limit requirements of section 3(a) of this rule if
they have been granted an ACP agreement by one (1) of the following:
(1) The CARB under the provisions in
Subchapter 8.5, Article 4, Sections 9450-94555, of Title 17 of the California
Code of Regulations.
(2) The air
pollution control agency of another state that has adopted a consumer and
commercial product rule with ACP provisions substantially equivalent to the OTC
"Model Rule for Consumer Products", September 13, 200Sec. 6.
(c) An ACP agreement in accordance
with subsection (b) shall be valid for use in Indiana when all of the following
requirements are met:
(1) The ACP agreement is
in effect and has not expired.
(2)
The responsible ACP party claiming an exemption in accordance with subsection
(b)(1) shall do the following:
(A) Submit to
the department the following:
(i) A copy of
the CARB ACP decision, that is, the Executive Order, including all conditions
established by CARB applicable to the exemption.
(ii) A statement that all ACP products within
the ACP agreement are subject to the VOC limits in section 3(a) of this
rule.
(B) Maintain all
information specified in the ACP agreement approving an ACP exemption for a
minimum of three (3) years after the expiration of the ACP.
(C) Make all records available to the
department or the U.S. EPA upon request.
(3) The responsible ACP party claiming an
exemption in accordance with subsection (b)(2) shall certify to the department
the following:
(A) The product (including its
form) for which ACP agreement 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 ACP agreement
is equal to or more stringent than the most stringent applicable VOC content
limit specified in section 3(a) of this rule.
(B) Prior to relying on an ACP agreement for
compliance, the responsible ACP party 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 ACP agreement
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 ACP agreement.
(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) Any documents from
the issuing state's air pollution control agency that subsequently modifies or
terminates its conditions of approval.
(EE) Documentation demonstrating compliance
with the ACP agreement.
(iv) A statement that the ACP agreement and
the product or products for which the ACP agreement is being used conform with
the requirements of clause (A) and this clause.
(d) The responsible ACP party
shall notify the department, in writing, of any change not later than fifteen
(15) working days from the date that a change occurs in an ACP product's:
(1) name;
(2) formulation;
(3) form;
(4) function;
(5) applicable product category or
categories;
(6) VOC
content;
(7) LVP content;
(8) date codes; or
(9) recommended product usage
directions.
(e) If the
VOC limits specified in section 3(a) of this rule are lowered for a product
category through any subsequent rulemaking, all ACP agreements granted for
products in the product category shall have no force and effect as of the
effective date of the modified VOC standard. This subsection shall not apply to
those ACP agreements that 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 sixty (60) days before the effective dates of the
limits.
(f) The responsible ACP
party shall notify the department, in writing, upon learning that a requirement
of subsection (c) is no longer satisfied.
(g) If the ACP agreement does not meet the
requirements of subsection (c), the department may revoke the exemption as
necessary.
