26.11.32.01

.01 Applicability and Exemptions.

A. Applicability. This chapter applies to a person that sells, supplies, offers for sale, or manufactures consumer products on or after the effective date in Regulation .04B of this chapter, for use in the State.

B. Use Outside of the State.

(1) The provisions of this chapter do not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State a consumer product that does not comply with the VOC standards specified in Regulation .04B of this chapter if the manufacturer or distributor demonstrates that the:

(a) Consumer product is intended for shipment and use outside of the State; and

(b) Manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to or within the State.

(2) The exemption in §B(1) of this regulation does not apply to a person who sells, supplies, or offers for sale a consumer product to a retail outlet in the State.

C. Antiperspirants and Deodorants.

(1) The medium volatility organic compound (MVOC) content standards specified in Regulation .04B of this chapter for antiperspirants or deodorants do not apply to ethanol.

(2) The requirements of Regulation .04 of this chapter for antiperspirants or deodorants do not apply to VOCs that:

(a) Contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown; or

(b) Have a vapor pressure of 2 millimeters of mercury or less at 20C.

(3) The VOC limits specified in Regulation .04B of this chapter do not apply to colorants up to a combined level of 2 percent by weight contained in any antiperspirant or deodorant.

D. The VOC limits specified in Regulation .04B of this chapter do not apply to the following:

(1) Fragrances up to a combined level of 2 percent by weight contained in a consumer product;

(2) An LVP-VOC, except those contained in a charcoal lighter material subject to the requirements of Regulations .04B and .05 of this chapter;

(3) Air fresheners comprised entirely of fragrance, excluding compounds not defined as VOCs or exempted under §D(2) of this regulation;

(4) Insecticides containing at least 98 percent paradichlorobenzene;

(5) Until January 1, 2009, solid air fresheners containing at least 98 percent paradichlorobenzene;

(6) Adhesives sold in containers of 1 fluid ounce or less;

(7) Units of product that are not aerosol adhesives and that, less packaging:

(a) Consist of more than 1 gallon of contact adhesive; or

(b) Weigh more than 1 pound and consist of more than 16 fluid ounces of the following:

(i) Sealants and caulking compound;

(ii) Construction, panel, and floor covering adhesive; or

(iii) General purpose adhesive;

(8) Bait station insecticides; and

(9) Fabric protectants that are:

(a) Designed for use solely on leather and fabrics that are labeled "for dry cleaning only"; and

(b) Sold in containers of 10 fluid ounces or less.

(10) Artist's solvent/thinner packaged and sold in a container equal to or less than 34 fluid ounces.

D-1. On or after January 1, 2009, the provisions of Regulation .10 of this chapter apply to solid air fresheners containing paradichlorobenzene.

E. The requirements in Regulation .13A of this chapter do not apply to consumer products that:

(1) Are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §136 et seq.; or

(2) Contain VOCs at concentrations of 0.10 percent by weight or less.

F. Retail Sales.

(1) A retailer who makes a consumer product available for sale that violates the standards in this chapter is not in violation of this chapter if:

(a) The retailer demonstrates to the satisfaction of the Department that the purchase was made with reasonable good faith efforts to assure that the product met applicable State requirements; and

(b) The retailer, upon determining that a noncomplying product was purchased, immediately discontinues sale of the product in the State.

(2) Good faith efforts may include the following:

(a) Written communication with manufacturers and distributors that only complying products will be accepted for sale in the State;

(b) Written agreements between the retailer and the manufacturers and distributors, in which the manufacturer and distributor commit to supply only complying products;

(c) The implementation of a self-audit program that periodically evaluates the purchase and sale of consumer products regulated under this chapter; and

(d) The use of invoices, purchase orders, and other contractual and billing documents, which specify that only complying products are acceptable.