Sec. 8.
(a) The
department may require any responsible party to report information, within
ninety (90) days written notice, for any consumer product or products the
department may specify, including, but not limited to, all or part of the
following information:
(1) The name, address,
and telephone number of the responsible party and the name and telephone number
of the responsible party's designated contact person.
(2) Any claim of confidentiality made under
326 IAC 17.1.
(3) The product brand
name for each consumer product and the product label.
(4) The product category to which the
consumer product belongs.
(5) The
applicable product form or forms listed separately.
(6) An identification of each product brand
name and form as a "Household Product" or "I & I Product", or
both.
(7) Separate Indiana sales in
pounds per year, to the nearest pound, and the method used to calculate Indiana
sales for each product form.
(8)
For information submitted by multiple companies, an identification of each
company that is submitting relevant data, separate from that submitted by the
responsible party. All information from all companies shall be submitted within
ninety (90) days written notice from the department.
(9) For each product brand name and form, the
net percent by weight of the total product, less container and packaging,
comprised of the following, rounded to the nearest one-tenth percent (0.1%):
(A) Total of Table B compounds.
(B) Total of LVP-VOCs that are not
fragrances.
(C) Total of all other
carbon containing compounds that are not fragrances.
(D) Total of all noncarbon containing
compounds.
(E) Total of
fragrance.
(F) For products
containing greater than two percent (2%), by weight, fragrance:
(i) the percent of fragrance that is
LVP-VOCs; and
(ii) the percent of
fragrance that is all other carbon containing compounds.
(G) Total of para-dichlorobenzene.
(10) For each product brand name
and form, the identity, including the specific chemical name and associated
Chemical Abstract Services (CAS) number, of the following:
(A) Each Table B compound.
(B) Each LVP-VOC that is not a
fragrance.
(11) If
applicable, the weight percent comprised of propellant for each
product.
(12) If applicable, an
identification of the type of propellant (Type A, Type B, Type C, or a blend of
the different types).
(b) If the responsible party does not have or
does not provide the information requested, the department may require the
reporting of this information by the person that has the information,
including, but not limited to, any of, the following:
(1) The formulator.
(2) The manufacturer.
(3) The supplier.
(4) The parent company.
(5) The private labeler.
(6) The distributor.
(7) The repackager.
(c) The following special reporting
requirements apply to consumer products subject to this rule that contain
perchloroethylene or methylene chloride:
(1)
For each consumer product that contains perchloroethylene or methylene
chloride, the responsible party shall report the following information for
products sold in Indiana upon request of the department within ninety (90) days
written notice:
(A) The product brand name and
a copy of the product label with legible usage instructions.
(B) The product category to which the
consumer product belongs.
(C) The
applicable product form or forms (listed separately).
(D) For each product form listed, the total
sales in Indiana during the calendar year, to the nearest pound (exclusive of
the container and packaging), and the method used for calculating the Indiana
sales.
(E) The weight percent, to
the nearest one-tenth percent (0.10%), of perchloroethylene and methylene
chloride in the consumer product.
(2) For purposes of this subsection,
"contains perchloroethylene or methylene chloride" means the product contains
one percent (1.0%) or more by weight (exclusive of the container or packaging)
of either perchloroethylene or methylene chloride.
(d) Persons subject to this rule shall do the
following:
(1) Maintain all records for a
minimum of three (3) years.
(2)
Make records available to the department and U.S. EPA upon request.
(e) Any person supplying
information under this rule may request that the information be kept
confidential as trade secret information, and the department will evaluate the
claim in accordance with 326 IAC 17.1.
