Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-112 - Volatile Organic Compound Limits in Consumer Products
Section 3745-112-04 - Exemptions
Current through all regulations passed and filed through March 18, 2024
[Comment: For dates on non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-112-01 of the Administrative Code titled "Referenced Materials."]
(A) This rule does not apply to any consumer product manufactured in the state of Ohio solely for shipment and use outside of the state of Ohio.
(B) The provisions of this rule do not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the state of Ohio a consumer product that does not comply with the VOC standards specified in paragraph (A) of rule 3745-112-03 of the Administrative Code, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of the state of Ohio, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed or used in the state of Ohio. The requirement of this paragraph does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in the state of Ohio.
(C) The MVOC content standards specified in paragraph (A) of rule 3745-112-03 of the Administrative Code for antiperspirants or deodorants, do not apply to ethanol.
(D) The VOC limits specified in paragraph (A) of rule 3745-112-03 of the Administrative Code do not apply to fragrances up to a combined level of two per cent, by weight, contained in any consumer product and do not apply to colorants up to a combined level of two per cent, by weight, contained in any antiperspirant or deodorant.
(E) The VOC limits specified in paragraph (A) of rule 3745-112-03 of the Administrative Code do not apply to any LVP-VOC.
(F) The requirements in paragraph (A) of rule 3745-112-03 of the Administrative Code for antiperspirants or deodorants do not apply to those VOCs that contain more than ten carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two millimeters of mercury or less at twenty degrees Celsius.
(G) The requirements specified in paragraph (A) of rule 3745-112-05 of the Administrative Code do not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act.
(H) The VOC limits specified in paragraph (A) of rule 3745-112-03 of the Administrative Code do not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs in rule 3745-112-01 of the Administrative Code or exempted pursuant to paragraph (D) of this rule.
(I) The VOC limits specified in paragraph (A) of rule 3745-112-03 of the Administrative Code do not apply to insecticides containing at least ninety-eight per cent paradichlorobenzene, by weight.
(J) The VOC limits specified in paragraph (A) of rule 3745-112-03 of the Administrative Code do not apply to adhesives sold in containers of one fluid ounce or less.
(K) The VOC limits specified in paragraph (A) of rule 3745-112-03 of the Administrative Code do not apply to bait station insecticides. For the purpose of this paragraph, 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 five per cent active ingredients.
(L) A chemically formulated consumer product is exempt from the requirements of paragraph (A) of rule 3745-112-03 of the Administrative Code if both of the following are met:
(M) An innovative products exemption or ACP as outlined in paragraph (L) of this rule shall not be valid for use in Ohio unless all the following requirements are met:
(N) Any submittal made pursuant to paragraph (M)(4) of this rule shall be sent to the director and the submission labeled as follows:
Submittals of the mentioned documents may be performed electronically or sent to the following address:
"Division of Air Pollution Control c/o Ohio Environmental Protection Agency P.O. Box 1049 Columbus, Ohio 43216-0149."
[Comment: Any packages and/or certified mail not acceptable for post office box delivery may be sent to Ohio EPA's street address "50 West Town Street, Suite 700, Columbus, Ohio 43215." Any electronic submissions may be made to DAPCWEB@epa.ohio.gov.]