26.11.32.05

.05 Standards — Requirements for Charcoal Lighter Materials.

A. The requirements of this regulation apply to a charcoal lighter material product as defined in Regulation .03B of this chapter.

B. Regulatory Standards.

(1) A person may not sell, supply, or offer for sale after January 1, 2005, a charcoal lighter material product unless at the time of the transaction the following conditions are met:

(a) The manufacturer demonstrates that it has been issued a currently effective certification by the CARB under the Consumer Products provisions of Subchapter 8.5, Article 2, Section 94509(h), of Title 17 of the California Code of Regulations, which remains in effect for the State as long as the CARB certification remains in effect;

(b) The manufacturer or distributor of the charcoal lighter material has been issued a currently effective certification under §C of this regulation;

(c) The charcoal lighter material meets the formulation criteria and other conditions specified in the applicable ACP agreement issued under §C of this regulation; and

(d) The product usage directions for the charcoal lighter material are the same as those provided to the Department under §C of this regulation.

(2) A manufacturer claiming a certification on the basis of §B(1)(a) of this regulation shall submit to the Department a copy of the certification decision (that is, the Executive Order), including all conditions established by CARB applicable to the certification.

C. Certification Requirements.

(1) A charcoal lighter material formulation may not be certified under this regulation unless the applicant for certification demonstrates to the Department's satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equal to 0.02 pound of VOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, dated February 28, 1991 (the "South Coast Air Quality Management District Rule 1174 Testing Protocol").

(2) The Department may approve alternative test procedures which are shown to provide equivalent results to those obtained using the South Coast Air Quality Management District Rule 1174 Test Protocol.

(3) A manufacturer or distributor of charcoal lighter material may apply to the Department for certification of a charcoal lighter material formulation under §D of this regulation.

(4) Completeness of Application Information.

(a) On receipt and review of an application, the Department shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete.

(b) On receipt and review of additional information requested, the Department shall advise the applicant in writing if testing is still required before the application can be deemed complete.

(5) The Department shall act on a complete application after the application is deemed complete. If the Department finds that an application meets the requirements of §C of this regulation, then an ACP agreement shall be issued certifying the charcoal lighter material formulation and specifying the conditions necessary to ensure that the requirements of this regulation are met.

D. Application for Certification.

(1) An application for certification of a charcoal lighter material formulation shall be in writing and include the following:

(a) Results of testing conducted under the South Coast Air Quality Management District Rule 1174 Testing Protocol;

(b) Exact text and graphics that clearly show the usage directions for the charcoal lighter material and that appear on the product's principal display panel, label, and accompanying literature; and

(c) Physical property data, formulation data, or other information required by the Department for use in determining when a product modification has occurred and, if necessary, for use in determining compliance with the conditions specified in the ACP agreement.

(2) Usage directions referenced in §D(1)(b) of this regulation shall accurately reflect the quantity of charcoal lighter material per pound of charcoal that was used under the South Coast Air Quality Management District Rule 1174 Testing Protocol for the product, unless the:

(a) Charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes; or

(b) Charcoal lighter material is already incorporated into the charcoal, such as certain "bag light", "instant light", or "match light" products.

E. Notice of Modifications. For a charcoal lighter material for which certification has been granted, the applicant for certification shall notify the Department in writing within 30 days of:

(1) A change in the usage directions; or

(2) A change in product formulation, test results, or other information submitted under §C of this regulation which may result in VOC emissions greater than 0.02 pound of VOC per start.

F. Revocation or Modification of Certification. If the Department determines that a certified charcoal lighter material formulation results in VOC emissions from the ignition of charcoal which are greater than 0.02 pound of VOC per start as determined by the South Coast Air Quality Management District Rule 1174 Testing Protocol, the Department shall revoke or modify the certification as is necessary to ensure that the charcoal lighter material will result in VOC emissions of less than or equal to 0.02 pound of VOC per start.